Rolfe v Lincoln County Board of Education Brief and Appendix for Plaintiffs Appellees

    PLAINTIFF'S EXHIBIT 16 (Pages 12 to 225}
(Jan. 25, 1962)

JAMES HOWARD MEREDITH 

V.

CHARLES DICKSON FAIR, ET AL

4

JACKSON CIVIL ACTION 3130 

( 19475 )

(Filed Sep, 20, 1961)

VOLUME I

(Testimony taken on Motion for Temporary Restraining Order 
and Preliminary Injunction.)



I N D E X
Page
No.

Motion for Temporary Restraining Order and 1
Preliminary Injunction
Testimony of Robert B. Ellis - Adverse Witness 5
Testimony of James H. Meredith 12
Exhibit 1 - Letter from J.H. Meredith 13
Exhibit 2 - Letter from Robert B. Ellis 15
Exhibit 3 - Letter from J.H.Meredith 18
Exhibit 4 - Return Receipt 18
Exhibit 5 - Telegram Robert B. Ellis 20
Exhibit 6 - Letter from J.H.Meredith 22
Exhibit 7 - Return Receipt 23
Exhibit 8 - Letter from Robert B. Ellis 25
Exhibit 9 - Letter from J.H.Meredith 26
Exhibit 10 - Letter from J.H.Meredith 27
Exhibit 11 - Return Receipt 29
Exhibit 12 - Letter from J.H.Meredith 30
Exhibit 13 - Letter from S. L. Brown 32
Exhibit 14 - Letter from L. L. Keaton 39
Exhibit 15 - Letter from Lannie Meredith 39
Exhibit 16 - Letter from Milton Burt 40
Exhibit 17 - Letter from N Henry Newell 40
Exhibit 18 - Return Receipt 42
Exhibit 19 - Letter from J. H. Meredith 43
Exhibit 20 - Return Receipt 45
Exhibit 21 - Letter from Robert B. Ellis 46
Exhibit 22 - Letter from J. H. Meredith 48
Exhibit 23 - Letter from J, H. Meredith 50
Exhibit 24 - Return Receipt 51
Exhibit 25 - Letter from J.H.Meredith 52
Exhibit 26 - Return Receipt 53
Exhibit 27 - Letter from Robert B. Ellis 54

Gross Examination 79
Redirect Examination 223
Exhibit 28 - Poll Tax Exemption Certificate 223
Exhibit 29 - Application for Registration 224
Exhibit 30 - 40 - Application & Letters of 224

Recommendation



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IN THE 1JIITED STATES DISTRICT COURT FCR TIE SOUTHERN DISTRICT 
OF MISSISSIPPI, JACKS01 DIVISION

JAMES HOWARD MEREDITH Plaintiff
7s. (Ho. 5130}
CMS. BXCI30I FAIR, IT AL Defendant

APPEARANCES s . >
Mrs. Constance B# Motley and 
Mr, Derick A# Bell,

4 10 Columbus Circle, lew fork, 19, Mm fork,
| Mr. Jesse Brown,
*■ 7icksburg* Mississippi,
| For Plaintiff|

Mr® Bugas Shards*
Mr* Ed Cates,
Mr* P* Ms. Stoekett, Jr.,
Assistant Attorney Generals, Jackson, Mississippi,

For Defendant*

BE IT REMH®SR1D that on Monday, June 12, 1961, a Motion for 
Temporary Restraining Order and Preliminary Injunction ia the 
above-entitled cause came on for hearing before the Honorable 
Sidney 0* Mss, United States District Judge for the Southern 
District ©f Mississippi, at Biloxi, Mississippi, and the 
following proceedings were had and entered of records



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fMonday, Jane 12, 1%1, at l©tOO A .If.}
IT MSS. WTUSSt W« faaf© «m%p©©a*®d the Registrar ©f 
the University of Mississippi, Egbert Byron Hits# W© 
hair# also subpoen&od Charles Dickson Fair, President 
of the Board of trustees of the Stats Institutions of 
Higher IfSaraing, and Mr* Sstolid lay Jones, Executive 
Secretary of the Board of Trustees, to testify iters 
this aoraing, and m  will hare one other witness in 
the person of the plaintiff Massif*
IF THE COURTS Tsrjr well, I guest that Is appropriate*
I had Just aasuntd yum were going to .hear it m  affi- 
darits and argonaut. Bat yon prefer to hear it ©a oral 
testimony, do yont 
IT M S 9 mflMt Tea, sir, 
tl t H  OOCHTi Vhat do yon say, Mr. Shandst 
IF M L  ammst If the Ceurt it incpiriag Just as to 
whether we are ready, we received notice that the notion 
weald he presented today. We art here* We sake this 
restrictive anmmcassat to the Court becanse the defen­
dants in this case waif© nothing imdm* my eireunstaace 
wMol they ar* entitled to Mr® under the statutes and 
the law and the rules of federal procedure.
If HI COURT: I think that I m  reasonably familiar with
the complaint, but, frankly, I haven’t tend the tin® t© 
read it carefully? and I believe, Krs® Motley, that j m  

night state t® the Court what the lawsuit is about.
BT MS* M0TL8X; fee, "fe»r lomor, This action is brought



1

to eajoia the policy, practice, custom tad usage ©f 
Uniting adii«fi«M to the University of Mississippi 
and certain ather state institutions of higher learning 
to white persons* The greuads of the complaint is that 
the plaintiff is m  adult resident citisea of Missis­
sippi! that h# is duly qualified.for ad*issi©m t® the 
University of lisaissippi! that h® «d® a proper and 
timely application? and application ha® bees
delated selely; because ©f tes race aad color, .lad oa . 
this proceeding-this norning we will prove that the 
plaintiff has .applied m& that his application was 
timely? that he is Qualified for admission? and that 
the salj  ramson:he was deniad admission was pursuant to 
this policy, emsto® and usage which the State of Missis­
sippi has of Uniting adM.ssi.oaa to the University of 
Mississippi and certain other institutions to white' 
persons, X think, m  lour Honor.knows, that the law is 
well settled tint a state m j not limit any public insti­
tution# ef Mgher looming to whit# persons, and''this 
is a case which. is sintlar t© many which have been 
brought ia other states, resulting in the admission ef 
Vegroes to institutions of higher learning previously 
limited to white persona*
IT Til CQUSTs M d  yam want, to make a statement, Hr. 
Shandsf
IX M, smiBSi My response to that. Tour Honor, is that



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m  think the statement by plaintiff will not be proven* 
We thick there lias been no deprivation by any defen­
dants of any right or privilege granted or secured by 
the Constitution of the United States to the plaintiff 
in this case,*
BT THE COURTS Mrs® Motley, I read your brief, and there

|
is one thing 1 wanted to ask you about* I eaa’t find:

i

it right now is your brief, but as I recall it, you 
stated that the Board of Trustees, I believe, had 
passed a resolution requiring that the plaintiff, or, i
rather, the applicant submit certification of five 
members of the alumni as to his moral character, and 
so forth® Is that a written resolution?
BY MRS* MOTLEY* lo* I find the only evidence of that 
in the catalogue of the University of Mississippi under 
"Directions for Hew Applicants*8
BT THE COURT: The question I wanted to ask with refe­
rence to that is, do you think that would raise any 
question that a three-judge court ought to be organised 
to hear the matter?
BT MRS* MDTLET: So, because we are not attacking that
constitutionality cm its face* It is apparently not 
unccbstitutionality on its face. We are only attacking 
it is its application to legroes®
BT TIE COBITs farj wall® Let all the witnesses coae 
around and be sworn*
(Whereupon all witnesses were duly sworn.)



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BT Til COURT: W&am will you hare, Mrs, Motley?
BT MRSe MOTLEY: W® will kfe Mr. Sllis, the registrar,
first#
BT MS, SlAlBSs lay I sake m  observation to the Ccwt 
&t this point? I want the record to stew that should 
the defendant feel that questions are asked of this 
witness for which no proper predicate las Been laid, 
that proper objection will be aide ©a that basis and 
counsel m y govern herself accordingly,
BY Till S©0ETi ¥ery well# X will 'role upon the objec­
tions®
BY I®, S3AXDS: Thor© m y be some matters that she Might
anticipate bringing out by the plaintiff in this case, 
and if such testiaoay, in our judgment, therewould be 
a necessary predicate to be laid before inquiry from 
this witness, then objection will b® made#
BY TIB COURTS Very well* X will nils upon the objec­
tions as they arist*
BY 3#So MOTLEY: Of ©curst, four Honor, this is &a
adverse party and we call M ®  pursuant t® Rule 43b of 
Fedars.1 Rule# of Civil Procedure.
BY TIE COURT: Tory well# You my  proceed*

______________________ _ __________________ 5__ ____

ROBERT 1* M1.XS, called m  m  adverse witness and having bee® 
duly sworn, testified as follows':

CROSS HOT1ATIDI
BY M3, MOTLEY:
Q* Mr, Ellis, state yomr full name and position for the record.



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A. Robert Byron Ellis, 3r., Registrar, University of 
Mississippio

Q, Mr. Ellis, you were subpoenaed to bring certain documents 
to this hearing, lave you brought those documents?

........ ........_....... ..............__.„ ....6__

Bt MR. SHARDSs At this point m  call the attention of 
counsel and the Court to Rule 34 of Federal Rules of 
Civil Procedure, and also Rule 45e, under which, as far 
as we now know, no motion was made to this Court to 
secure an order for any production of any documents, and 
we want to make that for the record, and that the 
defendant relies upon those rules. 1e think that had 
they wanted any documents produced, if they consider 
this to be a subpoena duces tecum, then under Rule 34 
a proper motion should have been made, notice given, 
and that Rule 34 complement,or vice-versa, Rule 45e,
BT MRS* M03L2T: May it please the Court, this witness
was served & subpoena, duces tecum to bring certain 
documents to this hearing. Rule 34 applies to exami­
nation of documents before trial, and it has bo appli­
cation to a subpoena duces tecum to issue certain 
documents on a hearing of the case* X think the assis­
tant attorney-general may be somewhat confused about 
the applicability of Rule 34* I don't think it applies 
at all to a preliminary hearing on a motion for pre­
liminary injunction. He was properly served with a 
subpoena duces tecum.



il Til COURT* Hitt is til® number of the rule m  to the 
production of on a subpoena duces tecum?
Br MB* SHANDS! 45b and 34.
il MRS® SDTWs 34 applies before tidal, Tour Honor.
That Is i part of the discovery processes, as you well 
know. Tour Honor* There -is the deposition and inspec­
tion of documents before trial; all those rales under 
1ml® 30 —  from 26 b® 34 —  apply to pretrial discovery 
proceeding, tad Rule 34 is limited and applicable to 
that area; but Sml@ 45 provides for the production of 
evidence ©a a hearing, and he m s  subpoenaed pursuant to 
that rule®
BY TIE COURT! Ernie 45b reads! *k subpoena may also
command the person to who® it is directed to produce the j
books, papers, documents, or tangible things designated !
therein, but the Court, upon notion made promptly and
i® any mm,t at or before the time specified in the
subpoena for compliance therewith, nay quash or modify
the subpoena if it is unreasonable and oppressive or
nay consider denial of the motion uffts the advancement
by the persons in whoso behalf the subpoena is issued if . 
reasonable soot, of producing the books,paper, documents,
©r tangible things* ##'lf
S® it occurs to no that the two rulings are t© fee. con­
strued together! Sul® 34 under **diac©very„*® that upon 
motion of any party showing good cause therefor and 
upon notice certain documents requested my be required 
to be preimead for inspection and copying; Rule 45b is



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the subpoena duces tecum, and it seems tit© procedure is 
that if the defendant objects to the 'production of the 
documents, it should file a motion to quash or modify 
the subpoena. I take it that no such motion tea hem 
filed, has itf
Bf MR* SKAlfBSs Ko such motion lias beta filed® I
BY THE COURTS Well, I think thee it,he objection should j
be overruled, unless the motion —
BI MR® SHANDS; —  We made it for the purpose of the 
record, lour Honor*
BI THE COURTS I will overrule the objection and let him 
answer the question.®

01

(Mrs* Motley continues;}
Q, Bid you bring the documents with you which you were sub­

poenaed to bring, Mr* Ellis?
A. 1 brought the documents that X interpreted as being necessary 
Q* Do you have them here in the courtroom?
A* X®si>®

BI MRS* MOTLEY'S We»d like to get those, lour Honor, be­
fore proceeding with the examination.
BI THE COURTS (to counsel opposite) Will you hand to 
the marshal to hand to witness#
(Marshal hands to witness)

A. These records contain the application for admission of J. H.
I



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Meredith, sad the adnutss ©f the eosasittee on admissions 
of the University of Mississippi, which X interpret as

b being pertinent.
Q. Did you bring the correspondence?
A. This is Included in the application file.
Q* Did you receive a letter fro© Mr# Meredith early in January 

of 1961 requesting application for® for admission to the 
University of Mississippi?

SI ME. SE4SB3? for the record purposes, this is on© 
of the questions we anticipated for which proper predi­
cate should be laid. Who J. H. Meredith is, this 
record is utterIf silent about. Whether he is the aan 
that wrote that letter or not, X don’t know whether 
Mr. Ellis knows that or not* It occurs to us that 
proper predicate hasn’t been laid. This is made for 
record purposes so that we waive nothing*
BY TBS COURTS I think I would hare to sustain that ob­
jection until you prove Meredith wrote smch a letter, 
and then X would require it to be proven. X think that 
objection is well taken*

Q* Let ate ask youth:! s first, Mr. llliax How long have you 
been, the registrar of the University of Mississippi?

A. Since 1951.
Q. What are your duties an registrar?



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j .......~..... “... .......... IQ .;
| A* Duties of the registrar at the University of Mississippi j
| : 

is to administer the admission policies for certain
schools within the university under- the policies estab­
lished by the chancellor and the board of trustees# |

Q« Does that include the College of liberal Arts of the Univer- ii
siVf of Mississippi*? j

A. Yes| it does®
Q# Do you have the authority to accept and act upon applications •• 

to the College of Liberal Arts?
A # X do o
Q. la it a part of your job to reply to letters requesting

that application forms be sent-? 1
A* My job entails the administration of applications for ada&s- j 

sion, and in the course of that job X do answer corres­
pondence*

Q* Did you some tine in January of this year receive a letter 
signed by Ja H« Meredith requesting an application for 
admission to the College of Liberal Arts?

BY MB* SHAIBSi that, goes to the very sane objection X 
Made a moment age* Whether that is the same James H* 
Meredith in this lawsuit, the record goes entirely 
silent*
BY THE COURTS Sustain the objection for the same reason 
X announced a moment ago*

!I
Q* Did you receive a letter from any J* R* Meredith in January? j

( t



BT Mlta SKANDSs Any of them *»■*?
BY THE COURTS Tea, sustain the objection* I think be- | 
fort you can inquire into that, J* K, Meredith himself 
would have to testify he wrote the letter or authorised 
it to be written*

Mr. Ellis, did you write a letter to a J* H* Meredith dated. 
January 26, 1961, and did you bring that latter to this 
hearing?

BT MR* SHANDSJ The same objection goes to that, and 
X gave counsel fair warning of this before she proceeded 
with this witness* j
BT THE GOURT? Tes, X sustain the objection for the same ; 
reason* X think before you can get that testimony in, 
you would first have to prove by J* H* Meredith that he 
wrote the letter and m  to whether or not he received 
a reply, and if be received a reply, of course, that
reply would'be the best evidence* So X think before yon ’

I
ppoceed along that inquiry you art going to have to prove ;i
by hi* first that fee wrote and that he received a reply 
or that he didn't receive-a reply, whatever the facts may: 
be* I sustain the objection.
BT MRS* MOTLETs In that case, we will ask the registrar j 
to coae down, lour Honor*
BT TM£ COURTS Very well.

i

BT MRS* MOTLET: 1 hadn't anticipated this kind of



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objection*
BY THE COBBY: I think the objection is well taken,
and, m  X said, wh&t I intend to do is try to rale 
right in accord to the law in this cai®. You nay
stand aside, Mr* Hills*

(Witness excused)

JAMES H« KEBHDITH, called aa a witness in M s  own behalf and 
having bssn duly sworn, testified aa fellows:

BiaSCT KAKXIATIOM'
BY MRS* MOTLEY:

1*11 taka those letters — »
BY THE COURT: Yes, I ’#111 not require the® to he
delivered to you yet*

BY MBS. MOTLEY:
Q.
A*
Q.
A.
Q.
A.
Q.

Bo you want to state your full aa» for the record?
James Howard Meredith*
Where do you live?
1129 Maple Street, Jackson, Mississippi.
Are you the plaintiff in this lawsuit?
That is correct*
Mr* Meredith, 1 would like to slew you a letter and ante you 

whether you recognise the letter. 1*11 have it marked 
first fay the clerk ef the court*

BI MB* 31AB1DS2 May I see the letter? Bo you intend
t© offer it la evidence?

__Tan,.sir* -....-_____—_____________



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I (Saa© received is evidence and marked m  Plaintiff’s Exhibit
1
jj I©* 1* S«m « is copied below*) 
ij S 0 m *
|j

! COPY COPY COPYI
! J H MEREDITH

1129 Maplt.Strait 
Apartment #5 ** B 
Jack*onf ML«ssl ssippi

REGISTRAR
University of Mississippi 
Univsrslty, Mi ssissippi
Dear Sirs

Please send s»e an application for* admission to your 
school# fclso, I would life® t© have a copy of your catalog and 
any other information that might be helpful to me.

Thank yea*
Sincerely,

s/ -I I! Meredith
#r sfe 3̂ S

(Mrs* Motley continues;
Q* I show you Plaintiff* s Exhibit 1 arid ask you if you recog­

nise this letter#
A# I do*
Q. What is thatt Will yam explain to the Court what that 1st 
A* M s  is a copy of the first letter that I wrote to the 

registrar at the University of Mississippi*
Q* D© you want to read iff 
A# (Witness reads same aloud#)



M.

Q* Mr. Meredith,'1 notice bl*rt isn’t & date ©a this letter.
Be yet* knew nppwa&antely when y©u sent this letter? 

A. About two or three days before I received the answer from
the registrar.

Q. What tine ia January would that have been* apprexiiMteXy? 
<,* • '.‘‘.Would it be the early fart?
A# After the 20th. Between tilt 20th m& the 24th.

BY MIS* MDUdSTj Ws would Ilk® to offer this ia evidence. 
{Same previously m rked.}

| Q. X show you a letter and ask you if you reastiiig® that 
i letter.i
i A. I do.i * ■
| Q. What is itf
i A. this is the letter I received* the first letter X received
i fro® the registrar in answer te ay letter that X sab-!

Kitted bitea.

Q. Bead that, including the dote.
A. (Witness reads same!

BY MIS« MDTLBYs We would like t© offer this ia evidence.

(Same received ia evidence sad narked as Plaintiff** Exhibit 
Bo. 2® Saae it copied m  the following pygt*)



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15
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TIE IfKIfSKSXTX Of MISSISSIPPI 
DIVISIOH OF S T O U T  FIBSOHm 

! UKIVEBSITI, MISSISSIPPI
January 26# 1961

! Office of the Registrar 
I

1 Mr. J* II® Meredith 
I 1129 Maple Street 
I Apartment 5D 
j Jackson, Mississippi
!j Dear Mr. Meredith;I

m  are very pleased to know of your intersst in becoming ; 
a member of our student body# The eacloaed forme and instruc­
tions will enable you to file * formal application for admission# j

|
A copy of our General Information Bulletin, wailed separately,
will provide yea with detailed information. j

Should you desire additional information or if we can be j
|

of further help to you in, making your enrollment plans, please 
let us kimw®

Sincerely yours,
/&/ Robert B* Ellis

Hobart 8« Hits 
Registrar

rd
Enclosures

* * m v

firs. Motley continues;)
Q. Mr. Meredith, I show you Plaintiff’s Exhibit 3 and ask you 

to identify that letter#
II A. this is the letter that I wrote to the registrar and sent



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along with my application for adal.ss.icm to the University
! Q. Is that a copy of the letter?]j
ij A« !Ma 1b a copy of the letter*
Q# Do you want t© read that letter, please?

| A* Just a tart at the top*?
Iji Q« Head the date.j[
| A. 31 January, 1961* (Witness reads same)!|
j| Q. Mrs Meredith, did this letter accompany year application to 

the University?
A« That is correct*

BY MS* MDTLETs S® would like to offer tils in evidence.

(Sane received in evidence and narked as Plaintiff* s Exhibit Ho. 
3. Sane is copied below!}

♦ * e $
COPT COPY COPT

J 1 MEREDITH 
1.129 Maple Street 
Apartment 5~D 
Jacks©n, Mi a si » si ppi 
31 January, 1961

Office- of the Registrar 
The University of Mississippi 
Division of Student Personnel 
Univ eraity, M. sala si ppi
Dear Mr* Robert B* Elliss j
I am very pleased with year letter that accompanied the appli­
cation forms you recently seat to me. I sincerely hope that 
your attitude toward as as a potential member of your student



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17

body reflects the attitude of the school, and that it Mill not 
change upon lem m ing that I m  not a Whits applicant®

1
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f am an Imaricaa-Msaiaaippi-Hegr© citizen, With all of the
1

occurring oToats regarding, changes in our old educational system 
taking plact in @ur country in tkta nmi &g@# 1 feel certain that 
tkLa application does not coast &s a surprise to yem# I certaialj 
hop® that thla patter will bo handled 1st a laaitr that will be 
©os$pli»®at®ry to the ttmiversity and to the State of Mississippi* 
Of Qmrmf t m  the ©a# that will, a© doubt, suffer tho greatest 
consequences ©f ‘this m m t 9 therefore, 1 am very hopeful that the 
complications will tea &s few *3 possible#

asd

I will net b® able to foraish you with the names of six Univer­
sity Alumni because X m  a Wtgro and all graduate® of tho sohool 
are WMte* Further, I d@ not knew any graduate# personally* 
However, aa a. substitute# for this requirement, I asa submitting 
certificates regarding mj aeral character from Nogro cite!sens 
of my Stats*

Except for the requirement mentioned above, my application is 
complete# All college# previously attended have been contacted 
and mf transcripts should already tea in your office ©r ©a the 
way* I am requesting that immediate action be taken ®m ray 
application and that I be* notified of its status, as registration 
begin® on February 6th, 1961, - and I am hoping t© enroll at this 
tin®#



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I Thank yon vary ouch*
I
;j Vary hopefully yours,
i.i1

s/ J H Meredith
| if J H MEREDITH
j Applicant

$ .a # ♦
(Mrs® Motley continue§5

Q* When you sent that letter to the registrar, how did you 
a#i*d itt

1 f
A* By registered mail* I
Q. Did you request * return receiptf I

SA* Yes, Mi*am* |
Q* 1 shew you Plaintiff’s Exhibit 4 and ask you if that is the 

return receipt which you received from the post office 
for your letter to the registrar dated January 31* 1961, 
which accompanied your application for admission*

Aa This is the return receipt* j
j

if MS* M)TLET: We’d like to offer this in evidence.
BT TIE COURTS Let it be received.

j
(Same received in evidence and marked as Plaintiff’s Exhibit Bo. I 
4® Sane is a® follows;)

* * * %
RETUBH RECEIPT 

| Signature ©f Addressee
Received by 
Date Delivered

REGISTRAR 
K« if. 0. BRXAJfT 
February 1, 1961



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19

#l-mSTRUCTIOKS TO DSUTESIMG 1MPL0ISK
Deliver OWLT to 
addressee

Show address where 
delivered 
for fcheee iiffieii 

>T

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5.

Jteoeivtd tit© numbered article described on obiter side* 
SIOIAWKE OE HAMS OF ADBUSSEE {augfc always fee filled}

___ — — __________________ ___________________________-

SIGMA TUB! OP ABDRSSSHB’S AOMT, IT AMT
I* W* 0». Bnr&at

jB&reesTi^Bre llSXfvered fcaiy if requestedin it®» #17

f0» »t*r®rs® Sides!
(F@eb»&rkt University, Mss®, Feb 1, 7 AM 1961)

K©g£®t#r©d Mo* fsuss of Sender
-I* H* Meredith 
Street F 7 ^

^>HesJLe. St, Aat 5~B
ity# Z@S® s m  state 
JACXSOM^ Ml^Si

a a e aS3
D '

(eentiimiae?)
IT ME* ll®S{ May I »k« this, for the records We 
de**t mmt to delay tbit proceeding, but ce-rna*#! is 
hMadiag »e these prepeeed exhibite, letters, telegram 
aui receipts, before ipeati#»i®g the witness about it* 
If» aot stafflag te check, proofread each one of them, 
and I am accepting ca«li»«l#s statement that she has 
proofread it »sd it is a true and correct copy of the 
original* I mated that for the record* Otherwise,



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20

*iww would lie a, great deal of dal&y in checking each 
®m«e
Wf THE COURT? fmxy wall.

(Mrs, Wetley contiaue«f)
Q. Wl#a yeu seat year agpllcatle* and the letter of Jaauary 31® 

Aick you just rmdt did ym  receive a. reply from the 
registrar?

A# fee, ****** 1 received * telega** from the registrar*
Q* I ehm you Plaintiff** SsMfeit 5 aad mk yeti if that la the 

•telegrs* received fre* the registrar,
A« It x S' *
Q* Would fm read that telegram?
A* {Witness roads seme)

ST MS# MOTLEY: Wt weald like to offer this.
BY THE COURT? -Let it be received®

(S&st® received la evidence end marked &a Plaintiff** Exhibit 
3 lo* 5* Sane is cmfded helmt)

* 1* * *
WESTER* H I M  TELKOttM

WA190 1961 7SB 4 PM 2 05
ms 0X40X9' m ^ w n m a m  m s s  4 xisp gst- 
J 8 MEREDITH-

1129 MAPLE ST *PT 5-® JA6ES0I KISS - 
FOR m m  XBGSMkTIXN AW  QUmilSI If M S  BlU POUHD MECESSART 
TO BI3GOITIM7E OOlSIMBAflOI Of ALL APPLICATIOHS P01 ADSISSIO*



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21

OH aiGISmiTOI FOR THE SiOGIB SSKT1  WEIGH WEEK IH3EZY8D AFT® 
i m m x  25 196X. lent 1PPLXOATX0I WAS RECSIFED SUBSEQUENT TO 
SUCH BATS A®  THU'S WE MIST AS?132 TO HOT TO APPEAR FOE 
SEOXSTSATXOI*

, ROEMT B ELLIS EM13TRAR-
*25 1961*

* * * *
(continuing?^
Q, Mr® Meredith, after yen r®c®iT#d that telegrsun from the 

r«gi#t»r# 41d you tmkft any «—

bi ms# s h u d s : any i §®« it?
IT IBS* M0TL8X: Ifa Sorry* f lands fee counsel)

Q. Bid yen tafe® mj further action with respect to yonr appli­
cation?

A. Tes, aa'an* 1 wr®t« the registrar and requested ay appll- j
S'

cation he considered for the suenertine* I
Q Q* I thou you Plaintiff’s Exhibit 6 and a$k you to identify 

that.
A* Hds 1® the letter that 1 aent to the registrar after I 

- received the telegran?
Q* Would yon read it?
A* (Witness reacts name*)

BI IBS* MDTLBT* We’d like to affer this*

(Sane roceiirtd. in evidence and narked -as Plaintiff’s Exhibit 
ifo# 6* Sm»t@ is copied ©a following pagA«)



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# a * 3§*

J 1 MEREDITH 
1129 Maple Street 
Apartment 5“D 
Jackson, Kiaaieeippi 
February 20,, 1961

Office of the Registrar 
Th® University of Mississippi 
Bivi#i©n of Student Personnel 
University* Mississippi
Dear Mr* Robert B. Ellis%
Reference your telegram, dated, February 4, 1961* I am very 
disappointed b@oa.maa it mm found necessary to discontinue con** 
si deration of applications for admission ©r registration for 
the second semester prior to the receipt of ay application* In 
view of this fact, I as requesting that you consider my appli- 
cation for admission to your school & continuing application 
for admission during the summer session beginning June 8, 1961.

Have you received all of the information necessary to make ay 
application for admission a complete onef Bid yon receive 
transcripts fro* fcb@ University of Kansas, Washburn University, 

* The University ©i Maryland, and. Jackson State Collage, complete 
with a certificate of honorable dismissal or a certificate ©f 
good standing?

I m  requesting that immediate action be taken on mf application 
and that I b® notified of its status. Again, I would like to 
express my gratitude for the respectable and humane manner in 
which you are handling, this matter and I a® very hopeful that 
this procedure will continue*
Thank you very mueh* Sincerely yours.

/a/ J* K* Meredith 
J HLMEREDITH— ------------------------ InroM-eanfe--------■---------■ ■■

mailto:b@oa.maa


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(Mrs* Motley continues:}
$ * 4* $

23

How, Mr® Meredith, when you seat that letter which you have 
just read, dated February 20, 1961, to the registrar, 
how did you send it?

Either registered or certified* I believe that was certifies, 
mail.

Bid you request a return receipt?
Yes, ma’am*
Bid you receive it?
Yes, ma’am*
I show you Plaintiff*s Exhibit 7 and ask you if that is the 

return receipt which you received from your letter to 
the registrar of February 20, 196.1?

A, It is*

BT MRS. MOTLEY: X*d like to offer this*
BY TIE COURT: Let it be received*

ffi
0

(Same received in evidence and marked as Plaintiff*s Exhibit Mo* 
7* Same not susceptible to exact copying! but information 
thereon is as shown below:)

y * y *
RETURN RECEIPT

Signature or Name of Addressee (must always be filled in)
_____ _ _ _____ .________ ,_____________ -Signature or Addressee’s Agent, if any

Date DeliveredM j k J U .liv«
0* Bryant

j2-21-61
Address Where Delivered* {only if 

requested in Item #1)



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(On Reverse?)
l! {PostmarksJ Jackson Miss* Feb 20 1961 jj University, Miss. Feb 21 1961 9 AM
|! Name of Sanderji
jl J. H» Meredith 
;| Street and Mo* or P. 0. Bex
ll ___ 5-1)II
jj City, Zone and State

|l -__________________ _„.....

(Mrs* Motley continues:}
Q, Incidentally, what was the date on this return receipt?
A* You mean the date it was signed?
Q. Received toy the registrar.
A, 2-21-61.
Q* Mr* Meredith, let me show yon Plaintiff’s Exhibit 8 ami ask

you to identify that letter*
A. This is the letter I received from the registrar a day or two

jj after I submitted my letter ~~
|
j Q. —  Your latter of February 20th?
A* February 20th.
Q. What is the date on that letter? 

ji A. February 21, 1961.
j Q. Do you want to read the letter, please? 
j A>» (Witness reads same.)



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BT MRS. MOTLETj We would like to offer this in evidence,
BY THE COURTS Let it be received*

(Same received in evidence and marked as Plaintiff’s Exhibit 
No, 8, Same is copied below*)

3ft $  5}t Sft

THE UNIVERSITY Of MISSISSIPPI 
DIVISION OF STUDENT PERSONNEL 

U MBfERS ITT, MIS SISSIP PI
February 21, 1961-

Office of the Registrar

Mr, J* R. Meredith 
1129 Maple Street 
Apartment 5-B 
Jackson, Mississippi
Dear Mr# Meredith?
Since m  were unable to accept your application for admission, 
I am returning your naaney order in the amount of #10 which was 
submitted as a room deposit*

m
n!
j
! cw
| Enclosure

Sincerely yours,
/s/ Robert B, Ellis
Robert B* Ellis 
Registrar

| $ $ $I $
I (Mrs, Motley continues?)
i Q, Mr* Meredith, I show you Plaintiff’s Exhibit 9 and ask you to 
j| identify and read it®
jiA. This is the letter I sent to the registrar in answer to his
t!}!



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26
!|
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letter cf February 21st*
': Q. What is the date on it?
|i A. February 23 , 1961. (Witness reads same*)
iiit!1
#£ BT MRS. MOTLEIt We would like to offer this in evidence.u
i: BY THE COURT: Let it be received*

jj (Same received in evidence and marked as Plaintiff’s Exhibit No.
| 9* Same is copied below:)

# # # *
J H MEREDITH 
1129 Maple St* Apt SD 
Jackson, Mississippi 
23 February, 1961

Office of the Registrar 
The University of Mississippi 
Division of Student Personnel 
University, Missis si ppi
Dear Mr* Ellis:

«
n

Reference your letter of February 21, 1961. I am returning to 
you the money order in the amount of $10.00 for a room deposit, 
since I have requested that my application be considered for 
acceptance during the summer session.

Sincerely yours,

i; J H MEREDITH
jj Applicant
ij1 Enclosure

;

| y
i (continuing:)
| Q. Mr. Meredith, did you receive a reply from the registrar



27

to your letter of February 20, 1961, in which you re­
quested that your application be considered a continuing 
application for the summer session 1961?

A. Not until much later. May, I believe. May 9th.

Q. Well, did you receive a reply any time in Februa:ry?

A. No, me.f am»

Q. I show you Plaintiff’s Exhibit 3.0 and ask you to identify
that and read it, please.

A, This is the letter that I sent to the registrar, March 18,
1961. (Witness reads same.)

BY MRS, MOTLEY: I M  like to offer this in evidence.
BY THE COURT: Let it be received,

(Same received in evidence and marked as Plaintiff's Exhibit No. 
10. Same is copied below:)

* ifc * *
J. H. MEREDITH 
1129 Maple Street 
Apartment 5-D 
Jachson, Misaissippi 
18 March, 1961

Mr* Robert B* Ellis 
Office of the Registrar 
The University of Mississippi 
Division of Student Personnel 
University, Kississippi
Dear Mr, Ellis:
Reference my letter of February 20, 1961, which was received 
by your office on February 21st, 1961, to date I have not 
received an answer,



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ji I am requesting that my application be considered as a continuin
ji
|; one for the Summer Session, and the Fall Session, 1961; also, 
ji please advise me as to whether all of my transcripts from the
I!i schools listed on my application have been received, complete
jj
ji with, a certificate of honorable dismissal or a certificationI
j of good standing; further, advise me whether there remains
!
! any further prerequisites to admission which I have not yet
I
j completed*j
ij Pleass acknowledge this letter,
!!

Thank you®
Sincerely yours,
/a/ J K Meredith
J H MEREDITH 
Applicant

# $ 5̂ Sjt

(Mrs. Motley continues!)
Q, Mr. Meredith, when you sent your letter of March 10, 1961, 

to the registrar, how did you send it?
0 A, By certified mail.
j Q, Did you ask for a return receipt?
j A. Yes, ma?am»

Q. Did you receive it?
| A, Yes, ma^am,1 j
j Q. I show you Plaintifffs Exhibit 11 and ask you if that is the 

receipt for the letter you sent to the registrar dated 
March IS, 1961*

A. Yes, it is.



29

Q« What is the date on that receipt?
A. 3-20-61.
Q. Did you receive a reply to your letter of March 18, 1961?
A. Not until May 9, 1961.

3Y MRS. MOTLEY* We would like to offer Exhibit 11 in 
evidence*
BY THE COURT? Let it be received.

(Same received in evidence and marked as Plaintiff’s Exhibit No® 
11. Same is not susceptible to exact copying, but the informa­
tion thereon is as below?)

RETURN RECEIPT
Signature or Marne of Addressee, (must always be filled in) 

Robert 6, Ellis
Signature of Addressee’s Agent, if any 

/s/ H. W» , G. Bryant

>je j's s|» $

Date Delivered
3-20-61

Address Where Delivered (only if 
requested in item #1)

(On Reverse side)
(Postmarked? University, Miss* Mar 20 9 AM 1961)

cIrtiFTST No

REGISTERED MO
V O Ho jPWX 'csUiX W*
TmfETISr) tfSTTSK P. o. boT

NAME OF SENDER 
JL Ho Meredith

Jackaon, Mias.
# Sj= $



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;| (Mrs* Motley continues?)
| Q. I show you Plaintiff*s Exhibit 12 and ask you to identify 
i that letter and read it.
i
I A. This is a latter I sent to the registrar, Marjrh 26, 1961* 

(Witness reads same.)
|
I (Same received in evidence and marked as Plaintiff*® Exhibit

No* 12* Same is copied below?)
i # * *

J H MEREDITH 
1129 Maple -Street 
Apartment 5-D 
Jackson, Mississippi 
March 26, 1961

Mr. Robert B. Ellis 
Registrar
The University of Mississippi 
University, Mississippi
Dear Mr. Ellis?

J

Reference my application' for admission to the University of 
Mississippi, dated January 31, 1961, my letter of January 31,

“ 1961, my letter of February 20, 1961, and my letter of March 
! 18, 1961.

Please note the Bulletin of The University of Mississippi,
; General Catalog Issue I960, page 83# which states that "the 
Registrar, under the direction of the Committee on Admissions, 
will provide each transfer student with aa evaluation of the 
credits acceptable to the University#" Please send me a copy

j
j of my evaluation immediately.

Also, on page 63, it states that "the dean of the college or the



school to which the student is admitted will inform the student 
to the extent which M s  credits will apply toward the degree 
sought** If it is appropriate at this time, t would like to be 
informed on this matter.

Mote also, on page 62, under »Admission Requirements** Refs-

|i

f5
o&.u.

rence ay letter of January 31, 1961, which contained as enclo­
sures, five certificates attesting to my good moral character, 
but did not recommend me for admission to the University of
Mississippi * Attached herewith is an additional letter from
each of these five persons, certifying my good moral character 
and recommending me for admission to the University*

l Again, I would like to take this occasion to express my sincere
u;d:
i hopefulness that my application will be processed in the normal 
; manner and that I be informed of its approval or disapproval.o
| However, realizing that I am not a usual applicant to the Uni-
d versity of Mississippi, and that some timely items might need 
0
ffl’ to be considered, I certainly hope that the entire matter will
G* be handled in a manner complimentary to the University of

Mississippi*

jj Thank you and I hope to hear from you soon*
Sincerely yours,

;j /s/ J H Meredith
!! J H MEREDITH
it Enclosures Applicant
II 1. Ltr fr Rev,» 3*L*Brown
ii 2, Ltr fr Mr* L.L.Keaton
li 3* Ltr fr Mr* Milton Burt,| jii h» Ltr fr Mr* Henry Newell
!! 5* Ltr fr Mr* Lanaie Mered:

$  #  s £ e  $



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!; (continuing:)
;• BT ME* SHAiDSt We would like tbs record to show that
Ij the letters of recommendation referred to is plaintiff’s
■ letter of March 26th is the second sat or group of letter
i: which he transmitted to the registrar, and that the

plaintiff has not jet offered «- but I understand they
;! will -- the first five letters, first set or group*
j!
jj (Mrs* Motley continues:)
Q. Mr. Meredith, X show you plaintifffs Exhibit 13 and ask you 

to identify that.
A. This is a letter to the registrar from S. L. Brows, Reverend 

S* L, Brown, attesting to my good moral character, and 
it’s recommending me ■**—  You want me to read the letter? ; 

Q. You can read that, and the others are the same. We’ll omit 
the reading.

A. {Witness reads same*)

n (Same received in evidence and marked as Plaintiff’s Exhibit 
;j Mo. 13* Same is copied below:)
t it tn Jje J
ftii REVEREND S. L« BROWN
j 219 Allen Street
j Kosciusko, Mississippi
i
I March 26, 1961H r
!jji Registrar
| The University of Mississippi 
| University, Mississippi
i: Bear Sirs
|| I have known J. H» (James Howard) Meredith for at least two



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,3.1-I----

years* I certify that fa# is of good moral character and 
recommend that he b© admitted to the University of Mississippi*

Sincerely yours,

s , i r i E «

Is !tj (continuing:) jli
BY ME:® SHAKOS? We 'want the record to show that we re- j 
serve an objection to the introduction of tills document ; 
without first proving the signature of the person who 
wrote the latter® It would corns as hearsay from this 
witness insofar as this record is concerned when he 
testifies that somebody else: signed a certain letter*
BY THE COURT: ¥ery well. I will let you reserve your
objections in order to proceed. If it is not properly 
connected up in some legal method, then I will rule 
upon it at that time*
BY MR. SHANDS: We would then, as I understand Your

0 Honorj be afforded the opportunity to move to exclude 
or strike this socalled recommendation?*

| BY THE COURTS That is correct.
1 (Mrs. Motley continues?)
1 j
Q. Now, Mr3 Meredith --- I

I
j

BY MR. SHANDS: One moment. Excuse me for interrupting.
BY THE COURT: All right.

| BY MEo SHANDS; May this same objection run and cover all



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five of the proposed letters of recommendation which 
she contemplates introducing?
BT THE COURT? Yes, I will permit the same ruling to 
stand, to apply, to those*

i Q. Mr® Meredith, let me show you Plaintiffss Exhibit 14 and ask 
you to identify that*

A. This is a recommendation from I* L* Keaton, the same as the 
recommendation from S. L. Brown* 

q. I will show you Plaintiff*s Exhibit 15 and ask you to iden­
tify that.

__________ -______________ _________________________ 14___

A. This is a recommendation fro® Laanie Meredith.
Q. To the registrar?
A. To the registrar.
Q» Is it the same as Plaintiff1s Exhibit 13?
A. Yes.
Q. I show you Plaintiff♦s Exhibit 16 and ask you to identify

Q
ii A.

Q.

that.
This is the recommendation for myself to the registrar from 

Milton Burt* It is the same as the others,
I show you Plaintifffs Exhibit 1? and ask you t© identify

that •
A, This is the recommendation to the registrar from Henry Mew-

ell, and it is the same as the others, the contents,
Q. Mr, Meredith, as to these last five exhibits, did you type 

those letters and present them to the persons whose 
signatures appear thereon?



BY MR* SHftMDSj Bo I understand that my objection runs
to all the testimony, not only the letters bat any 
testimony from the plaintiff about the execution and 
the us© of the letters'?
BY THE COURTS In other words, with reference to these 
last five letters?
BY ME* SHAHIDS; Yes, air, and my objection goes to the

i
fact that he is undertaking to prove something that 
must be proven by the people who executed the documents.! 
I*® reserving that, and whan he undertakes to testify

|
that so and so did so and so and what it is, then of

1
course I would believe that the proper rule would be 
that you would have to prove it by the man who did it*
BY THE COURTS Well, X will let yon make your motion lat- 
on and give you that opportunity to be heard.
BY ME. SHANDS: And that goes to his own testimony
dealing with matters of that kind?
BY THE COURT* Tbatfs correct* In other words, yon want 
to argue that his testimony that he saw Mis sign it 
is not sufficient, as I understand you*
BY MR® SHANDS: X want t© reserve rulings to all of
M s  testimony tending to prove the execution of these 
documents.
BY THE COURT; Yery well®



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(Mrs. Motley continues!)
Q* Ion typed each one of these!
A# That’s right*
Q. And you presented each ose of these letters to the persons 

whose signatures appear thereon!
A* That?3 correct*
Q. Is that a carbon copy of the signature!
A. That’s correct*
Q. Were you present when the applicant signed it?
A. I in*
Q. Did you explain to the applicant the purpose of the letter! 
A* Not the applicant*
Q* I mean the signatory here*

if ME* SHANDS2 We object to that, as to his conversa­
tions with the applicant* That is pure hearsay insofar 
as we’re concerned, and the mam who signed them is 
the best source ©f that information. We object to it 
as hearsay* Non® of these defendants are supposed to 
have been present#
BY THE COURT; I’ll overrule the objection.

Q* Did you explain to each one of these persons who signed a 
letter of recommendation attesting to your good moral 
character the purpose of such & letter?

BT MR. SHANDS: We object to —

________ _____________________ _____________________________34_____

i



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BY KBS* MOTtEIl —  I a® not asking him to give the 
content of his conversation. I a® asking hist if fee 
explained the purpose of the letter to them, which I 
think is different from asking him to explain what fee 
said to them,
BY MR, SHABIBS5 That leads to a further objection, Tour : 
Honor, as to the word * explain. ** That is nothing but 
a legal conclusion as to what a lot of conversation or 
words mj  be, so she is asking him for a conclusion in j

iI
addition to hearsay, and the question is, in fact,

I
leading. I have sat here and refrained from predicating j: 
any objection thus far on the proposition of leading 
the witness, but X think I m  now forced to go to that.
BY THE COURTS Well, I will sustain the objection to it 
as being a leading question, Refraae the question.
BY MR* 8 MAIDS s Does the Court overrule the objection 
that it calls for a conclusion?
BY THE COURT: Yes, X overrule that part of the objec­
tion. X think that is the statement of a fact from this 
witness under oath| whether be did or did not do some­
thing, whether he explained or did not explain, X think, 
is a statement of fact* I overrule that part, but the 
question is leading, and I sustain the objection on the 
ground it is a leading question if you insist on that 
objection. Do you insist upon your objection that it 
is a leading question?
BY MR, SHAMDS: Beg pardon, X do indeed.



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BY Til COURT: Very well. Sustain the objection as
leading.

Q. I belief® 1 have already asked you, but I am going to con­
clude the examination of you no® with these particular 
documents* Each of these letters was signed in your 
presence at your request?

A. That*s right.

BY MR.. SHAHBS: That is leading.
BY THE COURTS Yes, Counsel, that is a very leading 
question.
BY MSS. MOTLEY: I will conclude the examination of
that and will com® back to that if necessary, but I 
think the document speaks for itself® We would like 
t© offer Plaintiff’s Exhibits 12, 13, 14, 15, 16-and 17 
in evidence.
BI THE COURT: Let them be received.
BY ME. SHiiBS: Our objection i s reserved?
BI THE COURTS Yes.

(Same received in evidence and marked as Plaintiff’s inhibits 
N03, 14, 15, 16 and 17, Plaintiff’s Exhibits Mo, 12 and Mo. 13 
having previously been received and marked as shown on Pages 
30 and 32 of this record. Exhibits 14, 15, 16 and 17 are 
copied on the following pages:}

___________________________ _______________________________3 Jl______



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.1. 39 -

03
D

PLAIMTIFF’S EXHIBIT NO* 24 
L* L* KEATON
Keaton’s Funeral Home I
East South Street ;
Kosciusko, Mississippi

March 26, 1961
Registrar
The University of Mississippi 
University, Mississippi
Dear Sir?
I have known J® H. (James Howard) Meredith for at least two year 
I certify that he is of good moral character and recommend that 
he be admitted to the University of Mississippi*

Sincerely youra,

I
i

if i5s f,t 'if.

PLAINTIFF’S EDCHI5 IT NO* 15
LANHIE MEREDITH 
40? Turner Street 
Kosciusko, Mississippi

March 26, 1961
Registrar
University of Mississippi 
University, Mississippi
Dear Sir?
I have known J. H* (James Howard) Meredith for at least two 
years* I certify that he is of good moral character and recom­
mend that he be admitted to the University of Mississippi.

Sincerely yours,

^ # s«e ^ i
(

-43
*



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40

; PLAINTIFF'S EXHIBIT HO. 16
: MILTON BURT

323 Pott Street 
Kosciusko, Mississippi

March 26, 1961
Registrar
The University of Mississippi 

i University, Mississippi
j Dear Sir?
I I have known J. H. (James Howard5 Meredith for at least two

years® I certify that fee is ©f good moral character and recess
mend that he be admitted to the University of Mississippi®

Sinc©rely yours,
ZaApJton Burt.__
iMll W  W rt

« # * *
PLAINTIFF*S EXHIBIT MO® 1?

HENRY NSMELL 
33.6 Tipton Street 
Kosciusko, Mississippi

March 26, 1961
Q Registrar
j The University of Mississippi 
University, Mississippi
Dear Sir:
I have known J* H* (James Howard) Meredith for at. least two 
years. I certify that he is of good moral character and recoin j mend that he be admitted to the University of Mississippi.

j
Sincerely yours,

M R !  NEWELL
! * $ * #
ii.



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44.
I (Mrs# Motley continues:)
j Q* Mr® Meredith, let me show you Plaintiff’s Exhibit 12 again,

which you have already read and which was your letter
to the registrar sending him these five letters of
recommendation, and ask you how you sent that letter

|
!! A. By certified mail.

to the registrar?

| Q. Did you request a return receipt?
;j A* Yes, Ma’am.
Q. I show you Plaintiff’s Exhibit IB and ask you if that is the 

receipt which you received for your letter of March 26, 
1961, to the registrar?

A * It i 3 *
Q. What is the date on it?
A* 3-29-61,

BY MRS• MOTLEY: We would like to offer Plaintiff’s
Exhibit 18 in evidence.

j (Same received in evidence as Plaintiff’s Exhibit No. 18. Same 
| is not susceptible to exact copying but the information thereon

BY THE COURT: Let it be marked and received. It’s
already been marked *

8



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aft 4 4’ A

PLAINTIFF’S EXHIBIT NO, 18 
3ETURN RECEIPT

SIGNATURE OR NAME OP ADDRESSEE {Must always be filled in) 
Robert. B. Ellis

SIGNATURE OF ADDRESSEE'S AGENT, IF AMY “ .. ~~

Sate DELif&ED ABDlffIf V:: <:RE DELI?SrI£>TonlylT 
requested in item #1)

{Pos tmarked University, 
REGISTERED NO,

{On Reverse) •
Miss Mar 29 11 AM 1961) 

NAME OF SENDER 
J* Ho MeredithCERTIFIED n o. s® et anETn o, or p , oTlox

629513 ...... 1129. Maple Apt 5~DINSURED NO. c n %  zotfe AND STATE;
Jackson, Miss.

* # 3®
(Mrs. Motley continues.}
Q. I’d like to direct your attention again to your 'letter to 

the registrar of March 26, 1961, and ask you if you 
received the reply to that letter.

A. Mot immediately,
ji
! Q. Mr, Meredith, I show yen Plaintiff’s Exhibit 19 and ask youI

to identify that letter and read it,
1 A* This is the letter I sent to Dr, Arthur Beverly Lewis on 

April 12, 1961, (Witness reads same)
| Q. Did you receive a reply to this letter from the dean? 
j| A. I did not.



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BT MRS, MDTLSTj We would like to offer Plaintiff*® 
11 Exhibit 19 in evidence*

BT THE COURT* Let it be received.
;i

(Same received in evidence as Plaintiff*s Exhibit No* 19* Same
is copied below?)

A $ $

PLAINTIFF’S EXHIBIT NO, 19
J. H* Meredith 
1129 Maple Street 
Apartment 5-D 
Jackson, Misaissippi
April 12, 1961

£?n Dr, Arthur Beverly Lewis 
Dean, College of Liberal Arts 
University of Mississippi 
Oxford, Mississippi

;
|!

Dear Dr. Lewisif
In January 1961# I obtained an application for admission 

to the University of Mississippi from Mr, Robert B. Ellis, 
Registrar of the University and mailed same to him on January

Q 31# 1961* i\
I After my application was received by the Registrar, I-B
I received from him a telegram on February 4# 1961, advising m l

-  fI that applications for admission or registration for the Second I
I Semester received after January 25# 1961, were not being eon- ' j
|i >
| sidered.!
j On February 20, 1961# I wrote to Mr., Ellis and advised
| him that I would like ray application to be, considered a con- 
j tinuing application for the Summer Session-beginning June 1961J#
I! I did not receive a reply from Mr* Ellis and, therefore, |
iS . !



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1..........„...................... .. .......................................................
ij
ii on March 16, 1961, 1 wrote ton, once again requesting that myjj
i application be considered a continuing one for the Summer 8ea~ 

si on and for the Fall Session 1961* I have not received a 
jj reply to my March 16 th letter,
ji

On March 26, 1961, I wrote to Mr* Ellis again regardingijj my application. Again I have not received a, reply from Mr*i]
|! Ellis *

When I forwarded my application to Mr. Ellis on January 
31, 1961, I stated in a letter to.him and, in my application 
that I am a Negro citizen of Mississippi. Because of my failur 
to hear from Mr, Ellis since M s  telegram to me of February 4, 
1961, I have concluded that Mr. Ellis has failed to act upon my 
application solely because of ay race and color, especially 
since I have attempted to comply with all of the; admission re­
quirements and have not been advised of any deficiencies with 
respect to same.

I am, therefore, requesting you to review my case with 
the Registrar and advise me what admission requirements, ifIQ

o' any, I have failed to meet, and to give me some assurance that 
I my race and color are not the basis for my failure to gain ad**
I mission to the University,

Sineerely yours,

| J, Ho MEREDITH
jj * # * *
s .| (Mrs* Motley continues5}
jj Q# When you sent your letter to the Dean of the College of 
jj Liberal Arts, how did you send it?



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A, By certified mail requesting a return receipt*
Q« I show yen Plaintifffa Exhibit 20 and mk you if that is th« 

receijfe you gut, f®r yeur letter to the Dmn of the College:
of Liberal Artist 

A. Tss, natf&i»*
Q. Wlmt is the date ©a iff
A, April 14, 1961* !

BT MES* MOTLSlfs We would like to offer Plaintiff’s 
Exhibit 20 la evidence*
BI TIE COURT: Let it be received.

(Sans received i» evidence as Plaintifffs Exhibit i®. 20® Sane 
is not susceptible to exact copying teat the information there©® 
is as shown below? 5

* » * *

____________ ________________________ _ _ _ __ 45_____

FUIHTIPF’S EXHIBIT 10, 20
RKTUSJf H3REIPTm

d SIGNATURE 01 SAMI 0? ADDRESSEE (Mast always b@ filled is I

?r?dil4?g§^i4I!§ !t!fe

Ba¥i£ ’fiEOTKET" —  Ifrequested in it#® #1}
f e d J A -  _______________—  . -..... ........ .— —  ---

Com Reverses)REGISTERS) 10, SAKE OF SEMPER
J. I® Msr&jiith

c i O T l K  W B M f ^ W m T W ^ v V ^  ScoT

491114 1129
cfwT 20 H # § »

_ lJI?m ^E^53'^Hvcts$w # lss Apr



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• (Mrs* Motley continues:)
i Q* Mr.* Meredith, I show you Plaintiff1 a Exhibit 21 and ask you
j identify the letter and read it.
i j  A. This is the letter 1 received from the registrar. It is 
j dated May 9# 1961* (Witness reads same)15 
<! i;
| BY MRS. MOTLEY: ¥e'»d like to offer Plaintiffs Exhibit
j j

21 in evidence-!
BY THE COURT: Let it be received*

(Same received in evidence as Plaintiff*s Exhibit Mo* 21* Same 
is copied below:}

$ $ # * &
THE UNIVERSITY OF MISSISSIPPI 
D m S I O H  OF STUDENT PERSONNEL 
U NIVERSITY, MIS S X3S IFF I

May 9, 1961
Office of the Registrar

J* B* Meredith 
1129 Maple Street 

ra Apartment 5-D 
d Jackson, Mississippi
j De&r Sirs
ij
!; I have Been your letter of April 12, 1961, to Dr® Arthur Beverly
i!
j! Lewis, Bean of the College of Liberal Arts. Of course, your|j
ij application has bean received and will receive proper attention*
-i

ii
|J In connection with your inquiry as to receipt of transcripts of 
jj credits from the colleges listed in your application, I have
{j received the transcripts each ©f which shows a certificate of
ii
| honorable dismissal or certification of good standing..i



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I! As to four request for m  evaluation of your offered credits, 
jj believe X should advise you at this preliminary* stage that my 
| evaluation of your credits indicates that under the standards 
|j of the University of Mississippi the maximum credit which couj 
| be allowed is forty-eight (4$) semester hours if your applies- 
ii tion for admission as a transfer student should be approved*
ji

Si By your transcripts you offer a total of ninety {90} semester
ji hours credit*,
ii
;|

•; My evaluation of your credits is not in any way a detera&natic 
* or decision as to whether your application for admission will 
be approved or disapproved or of its sufficiency*

In view of the foregoing, please advise if you desire your
application to be treated as a pending application.

Tours truly,
/s/ Robert B,» Ellis
Robert B. Ellis 
Registrar

® RBEscw
6
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| (Mrs* Motley continues;}
! Q, Mr* Meredith, X show you Plaintiff's Exhibit 22 and ask you
i

to identify that letter and read it, please*
| A* This is the letter X sent to the registrar in answer to M s  
(|
j letter of May 9th* (Witness reads same)

ji
ji 3T MRS * MOTLEY; We'd like to offer Plaintiff's Exhibit
jj
II 22 is evidence#
ji
i; BX THE COURT: Let it be received.



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;; (Same received in evidence as Plaintiff’s Exhibit So, 22* Same
f j

;i is copied below?)
|! $ # # #

PLp^OTF*^ EXHIBIT No. 22
!! . !' J H MEREDITH
jj ’ 1129 Maple Street
j| Apartment 5-D
!i Jackson. Mississippi
|l May-15, 1961
|.
I Mr. Robert B. Ellis 
jl Registrar
jj The University of Mississippi 
5 University, Missisaippi

Dear Sin
I received your letter of May 9, 1961, and I am indeed pleased 
to know that my application will receive proper attention.

In answer to your question as to whether I desire to have my 
application treated as a pending application, it is my desire 
that my application be treated as a pending application for 
admission to the Summer Session, beginning with the First Term,

® June 1961; and please advise me if there is anything further
0
1 that X should do in order to complete my application*

j Also, you stated in your letter that your evaluation of my 
I credits was not in any way a determination or decision as to 
j whether my application for admission will be approved or dis-• 
j approved or of its sufficiency. Of course, at this point,
| it is imperative that I be positively informed with reject to 
j approval, disapproval, and/or sufficiency of my application,
|j because I am married and will have to make appropriate arrange** 
| ments for rey family in any event* Therefore, X will be pleased



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to know the status of my application at the earliest possible 
date*
It certainly would he a grand accomplishment if we could devis 
a. system of education whereby all capable and desirous pro spec 
tive recipients could receive the desired training without haii 
to suffer the consequencies of undesirable concomitant element

Thank you*
Tours truly,
/$/ J H Meredith
J H Meredith 
Applicant

Enclosure: Letter of Application to the Director of Men’s
Housing*

P * # fe

(Mrs* Motley continues:}
Q. Mr* Meredith, I show you Plaintiff’s Exhibit 23 md ask yw 

to identify it and read it, please*
A* This is & copy of the letter that I sent as an enclosure 

with the last letter X just read to the registrar* 
{Witness reads same*)

Q« That ms enclosed in your letter of May 15 th to the regis­
trarf Is that right?

A* Thatfa right.
Q. How did you send that letter of May 15th to the registrar' 
A*. By certified mail, requesting return receipt*

X
BT MRS. MOTLEY: We would like to offer Plaintiff’s

Exhibit 23 in evidence.
BT THE COURT: Let it be received*



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{Same received in evidence as Plaintiff’s Sshiblt Mo* 23» 
is copied below;}

Same

;! # $ * *
- PLAINTIFF*5 EXHIBIT MO. 23

3 J H MEREDITH
:l 1129 Maple Street
;i Apartment 5 -D
:■ Jackson. Miasis-sitmi
3 May 15/1961
jj Director of Mends Housing 
j| The University of Mississippi 
;; University, Mississippi

Dear Sirs
Please regard this letter as an application for occupancy of ©m 
of the University apartments appropriate for .my fatally size.
I have a wife and one child - age one (1)»
I have already on file with your office an application for 
housing in one of the Men’s residence halls. If I am admitted 
to the University, and it is at a time prior to the availability 
of an apartment, I would desire dojaitory accommodations until 
an apartment becomes available*
Enclosed is a Money Order for $25*00 as a security deposit.
Thank you.

j fours truly,
!

/»/ J H Meredith
j J H MEREDITH
4
| #  3j* $  $

jj (Mrs. Motley continues;}
| Q. I’d like to show you Plaintiff’s Exhibit 24 and ask you
j :  l

if that is the return receipt which you got for your 
it .
| letter of May 15* 1961, to the registrar.



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________________ _______________________________ 51__
A* It is*

If m s . MDTLKTs m  would like t© offer Plaintiff*s 
Kxfciblt 24 ia evidence.
ST fSI GOilfs Let it be received.

(Saae received is evideace as Plaintiff*s feMlit Me* 24* Sam 
it net susceptible t© esact eepyiag, but the infers*tioa 
thereon is as belew:)

♦  *  *  *

FMIITIFf *5 EXHIBIT 10*24 
EKWSI ESfJffPT

S im iW R E OH HA® OP ADSRBSSBE (mast always b® filled ia)

w r m m r r r m

requested ia it®® #1)
feSLp m

■ (0a Reverses)
(Postaartcsds tlaiversity, W-ss* May 1# 11 AM 1961) 
REGISTERED 10* IAMB CW SBSB1R

Jackao»# Htss*
*  * *. ♦

(Mrs® Met ley continued; $
Q* Mr, Meredith* I shoe yets. Plaintiff'*s Exhibit 25 and ask you 

to identify it and read it, please*
A* This is * letter 1 seat to the registrar. (Witness reads 

aaia®«)



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52....

BY MRS* MOTLEY’S We*d like to offer Plaintiff’s Exhibit 
25 in evidence#
BX THE COURT? Let it be received*

|i

I!
!! (Same received in evidence as Plaintiff’s Exhibit Ho* 25, Sane
St

11 is copied below?}
s s * s } t  sit- y  $

PLAINTIFF? S EXHIBIT MO, 25
J H MEREDITH 
1129 Maple Street 
Apartment 5-D 
Jackson. Missis si ©oi 
May 21, 1961

it)
D
I

Mr. Robert 8* Ellis 
Registrar
The University of Mississippi 
Division of Student Personnel 
Uni v e rsi tyt Mi s a i s si pjsi
Dear Sirs
You wrote me on May 9, 1961, requesting that I inform you whethes 
I still wasted ray application considered as pending for admission 
I indicated in mj reply that I did wish admittance for the Firstj 
Summer Session, beginning June $t 1961* To date, I have not 
received an. answer* I assumed by the nature of your request thaf. 
my application was entirely complete and that I have met all of j
the pre-registration requirements of the school, and that I am j|
otherwise qualified, and now all I need is a nstatement of

j
admission* from you®
Please advise me on this matter, so that I can make plans for 
attending the University this summer. *

If you have already sent such instructions to me, please excuse



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53

thi# letter.
Thank you*

lours .truly,
/»/ J H Meredith
j h M M M m m
Applicant

* ♦ e * ♦

(Mrs* Motley continues:}
Q, Hr* Heredity, hew did you goad that letter?
A« Certified mil, requeeting retura receipt*
Q, Is thi* the receipt you received for your letter to the 

registrar dated May 21, 1961?
I* It is.
Q. What is the date m  that receipt, pleaae?
A* 5-23-61.

BT 1®S. M03LKT: We#d like to offer Plaintiff*# Schibit
26 la evidence.
BT 111 COURT: Let it be received.

(S&ate received in evidence m  Plaintiff’s Inhibit Ho. 26* Same 
is not susceptible to exact copying, but the information thereon 
is as shorn below:)

 ̂$ e * s> *
R1TUM RJ5GEIPT

1IGIAT011 DR HAMS GP ADBRiSSSEE {west always b® filled in)
Bobert. B. Sills , , 

s i i m l  of S S s l f l  lei
/a/ Rot Lee Qamer.

I



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54

DATE DELIVERED
.irll=£i_____

ADDRESS WHERE DELIVERED (only if 
requested in item #1}

"7On Raversa%T 
{PostmarkedI University, Miss May 23 10 AM 1961) 
REGISTERED MO, NAME OF SENDER

J* K. Meredith
T^msIFIlB hTSToS pro, boT

596225 1129 Maple Apt 5-D
c i w r z w i s r s t e r ^

Ja£tes*JSLaa
Sfe $ $ $ SfS

(Mrs* Motley continuesi)
Q. I show you Plaintiff*® Exhibit 2? and ask you to read it.

Identify it first, arid read it into the record*
A* This is the last letter that I received from the registrar. 
Q, The data?
A* May 25, 1961* {Witness reads same*)

BI MRS* MOTLETi We*d like to offer Plaintiff*s Exhibit
® 27 into evidence*Q
i BT THE COURT: Let it be received*

(Same received in evidence as Plaintiff’s Exhibit So, 2?. Same

!

is copied below;) jfs * % * *
PLAINTIFF’S EXHIBIT SO, 27
THE If RIVERS ITT Of MISSISSIPPI 
DIVISION OF STUDENT PERSONNEL 
UNIVERSITT, MISSISSIPPI

May 25, 1961 i

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Office of the Registrar

Mr# J, I® Wsrsdith 
1129 Maple Street 
Apartment 5-D
Jackson, Mississlppi
Boar Mr, Meredith*
I regret to infer® yen, is answer to your roc out letters, that 
yow application for mat. fc« denied.
Tit® University cannot rocogaiso the transfer of credits frost 
tk« institution «teci yarn art now attending olsoo it is not a 
member of tit Southern Association of Collages and Secondary 
Schools» Oar -policy permits the transfer of credits only fre® 
member institutions of regional associations. Furthermore, 
students any net be accepted fey the University from those 
institutions whose programs are not recognised.
As I a® sure you realise, your application does not meet other 
requirements for admission* lour letters of recommendation art 
sot sufficient far either a resident or a nonresident applicant, 
X set no need for mentioning any other deficiencies, 
lour application file has beta closed, and I a® enclosing with 
this-letter your money orders for $10*00 and §25,00 which you 
submitted to me earlier.

Sincerely yours,
/%/ Eohert i* Ellis
Robert B® Ellis 
Registrar

SBlf cw 
Enclosures



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(Mrs* Motley continues!)
Q, Mr, Meredith , I’d like to direct your attention again to 

Plaintiff’s Exhibit 27, which is the letter you re­
ceived from the registrar, dated May 25, 1961* Do you 
recall the date on which you received that letter?

A. I am fairly certain that it was the next day, the 26th.
!||i Q. Did you communicate with the registrar after you sent him
il

your letter of May 21, 1961, which is Plaintiff’s Ex­
hibit 25, and before you received that letter?

A. Yes, ma’am. I sent a telegram to -*•**

BI MR. SHANDS2 We object unless —  The telegram is the 
best evidence, or a copy of it.
BY THE COURT? Yes, the telegram would be the best evi­
dence ,

Q. Did you send a telegram then?
A. I did.
Q. Do you have a copy of it?
A. I do not* They didn’t give me a 

office.
copy in the telegraph

Q. When did you send the telegram? Do you remember?
A. On the morning of the same day I received this letter.
Q, May 26th?
A. That’s right.
Q. Mr. Meredith, what is the date of your birth?
A, June 25, 1933* X

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q, flier® were you bora?
A. Kosciusko, Mississippi, Attalia County*
Q, Are your parents living now in Kosciusko?
A. Yes, ma’am*
Q* low long have they lived there?
A. All of ray life, and 1 believe all of their lives, in the 

general eoiamaity or aria*
Q. Were your parents bora in Mississippi?
A* las, raa’&ra*
Q* Whtr© did yon attend elementary school?
A* In Kosciusko, Mississippi, Attalia County Braining School* 
Q* Is that a public, school?
A* Yes, «a*asu
Q. Where did you attend high school?
A* The first three years w&a in Kosciusko at the -same school, 

Attalia County Training School* The last jmr was in 
St# Petersburg, Florida, Gibbs High School*

Q. Did you graduate fro® Gibbs High School? 
j3 A* Yes, ma’am* I graduated in June, 1951«

Q* How did you happen- to go to high school in St* Petersburg 
your last year?

A*. I wanted to g© to a better school, and ray parents also 
wanted as to go to a better school#

Q# Have any other members of your fussily attended that Gibbs
ttLgia School in St, Petersburg, or ar« you the only one? 

A* Yes, ma’am, ray baby brother just graduated on June $th from

____________ ______ ______________ ___________ ___ 57 _____



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that same school* He spent M s  first three years at
ij • Attalla Gaining School and the last year there at 
11
|| Gibbs High* the same school I attended*j! '

q. Did you have any other brothers and sisters to attendi!
11 school outside the State of Mississippi?
||

|j A* Yes, «a?R'®» The brother Sfcennus attended his last year of
| high school in Detroit, Michigan*
ij Q. By the way, how man? brothers and slaters do you have?
|| k* fen living* There ware thirteen children born to my father# 

Three died as infants*
. Q. Pardon?
A* Three died as infants*
Q, How many of your brothers and sisters are high school gradu­

ates?

BY MR* SHANDS: We think that is going too far, how
many of M s  brothers and sisters —
BY THE COURT: Yea, sustain the objection,

a BY MR* SHANDSs — Because fee is the man, the plaintiff in
| , this lawsuit*

BY THE COURT: Sustain the objection*
BY MRS. MOTLEY: We’ll withdraw that question#
BY THE COURT: Very well. t

i
t.

Q. How old were you when you graduated from high school, Mr*
| Merecii th?ji
I: A* Seventeen years old®



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59

Q. ffeit did you do after you graduated from high school!
A# 1 went hack to suy boa* In Kosciusko, Mississippi, and stay 

awhile. Then I went to Detroit, Michigan to visit my
older brothers aisci sisters there,

Q, lew leag did you stay in Detroit!
A, A f«w weeks, aayfe® a month, and shortly, in July, 1 enlist

1b the United States Air Foret,
Q. July of what year!
I# 1951, the saw® year that I graduated from high school.
Q, Did you enlist'-in'■■the Air fore© ox* were you drafted, or whs 
A, 1 volunteered.
Q, How long a period did you enlist fort 
£„ Four year period*
Q, What rank did you attain during that four year period!
A. The highest rax* was staff sergeant.
q „ Did you receive any medals ox* commendation awards!
A, Yes, ma’am. I received the good conduct medal and the

national Defense Service medal, I*® sure of. I might 
have received one or two others, not positive.

BY MR* SBAUDS; We object to speculation and guess.
Bf THE COURT; Tea* Exclude that.
BY m u  SHARISt E® ought to remember what his medals 
are# and 1 think he should ha restricted to those lie 

remembers»

Q* Just git© us those you remember#



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Q*
A*

The good conduct modal and the National Service Defense 
medal*

Where did you serve during that four year period?
When I enlistad they sent me to iew York, Sampson Air Force 

Base, New fork, to receive my basic training; and from 
there they sent me to New Mexico, Western College, to 
receive training, technical'—  I guess they call it 
technical —  to receive special training as a clerk- 
typist in the Air Force; and from there — - 
I suppose you want me to go during the four year period? 

Yes, during the four year period every place you served.
Prom there I went to Topeka, Kansas, Bunker — - No,

Forbes Air Force Base in Topeka, Kansas, where I was 
stationed, that was my first permanent assignment.
1 was stationed there from January, 1952, to August,
1954, and then 1 was assigned to Omaha, Nebraska, to a

I
radar site there until ay discharge in July of 1955* 

During the time that you were in the service during this
i

four year period, what type of work did you do?
1 was a clerk-typist.
During the whole time?
I©s# ma’am.
Did you ever have any disciplinary actios taken against you? 
No, ma’am. s
What type of discharge did you receive?
Honorable.

;



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that first four year period?
|| a* Well, at first I west, to visit Jay people in Kosciusko, 
j; Mississippi, and I visited my people in Florida, and
| then 1 went and visited ay people in Detroit and other j
|
| places I might have -went; and then in September of that j
|| year 1 enrolled in Wayne University in Detroit, Mi chi­
ll gan, as a student. ;l]j j  j
ij Q, How long did you stay at Wayne? I!| ' I

A® From the beginning of the school year in September —  1 
don’t remember the exact date —  until October 4th, 
that I re-enlisted in the Air Force afc that time, 
re-enlisted to go back in the Air force. |

Q, long had you been out of the Air Force at that point?
A. Seventy days*

BY MR* SBANDS: How many?
i

BY THE WITNESS: X believe that the exact number is
Iseventy days. I know it was leas than the ninety days 

that X was allowed at that time to re-enlist and gain 
all of ay benefits of rank &nd re-enlistment bonus 
and travel and so forth. I had, ninety days* X re­
enlisted within that ninety days, and I believe the 
actual time I was out was seventy days. That’s just — ~ 
X believe that is it. I can taxi you this: X was
discharged on the 27th of July, 3-955* 1 re-enlisted
on October 5, 1955, however many days that is.

|| Q. What did you do after you got out of the Air Force after
jf



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h|| q4 Now, daring the first four year period that you were in the
I Army, did you go home to visit your people in Kosciusko

at any time during that four year period’?
a * tea, ma’am. 1very feline I took leave I went hone, and I

jl vent hone quite often*
|> q» How often would you say you got a leave during that four 
I year period?
i

| A, l*d say about one every nine months, average about that, for 
the four year period*

Q. Now, did you withdraw from Wayne State in Detroit?
A, Tea, ma’am. 1 withdrew at the time that I re-enlisted, and. 

they returned all of my money* That’s a policy they 
have for GI*s if they want to go back in the service.

Q. Did you earn any credits while there?
A. Ho, ma’am* They just withdrew me completely* Mo credits® 
Q, What was the total length of time you spent there, approxi­

mately?
A. 1 believe orientation period started around the middle of 

the month*
|) Q. What month was that?
A.* September*
Q. And you withdrew in October?
A» Yes, ma’am, 4th of October*
q. Now, you say you re-enlisted within a ninety day period

after your first four years of service* When you re-
| enlisted for the second time, what period of time was
i! that for?



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A, For four years. However, I had a one year extension on 
that four years later,

Q» Where were you stationed during the second period of your 
enlistment?

A, Fro® October, 1955, until July, 1957# I was stationed,
permanently stationed, in Bunker Hill Air Force Base 
in Peru, Indiana* And from August of 1957 until July, 
I960, my permanent assignment was Tachikawa Air Force 
Base ia Japan* Tha.t% star-Tokyo.

Q* Bid you receive any medals or good conduct awards during 
your second terra in the service?

A. Yes, ma’am. I received, in addition to my good conduct
medal, they only give you one good conduct medal, and 
then they give you a brass clasp and loops after that. 
I received the brass clasp and three loops*

Q. Was any disciplinary action ever taken against you?
A, No, ma’am.
Q* Bid you ever receive any award or medals for efficiency?
A. Yes, ma’am. I received letters of commendation **—

BY MR. SHANDS! We object to that*
BY THE COURT: I’ll sustain the objection on the
ground the letters would be the best evidence*

j Q* 1 asked you if you received any medals, and you said you
!j got the good, conduct and the clasp and loops*il
< A. las, ma’am®



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|! Q* Was any disciplinary action ever taken against you during
this second term? 

j j  A. Ho, ma’am.
!! Qs Where were you discharged after your second term?
|j
|| A. Travis Air Force Base in California* However, I was not 
|; assigned, there* 1 was assigned permanently in Japan,
1 and that * s a procedurej the orders and everything were

cut in Japan, but they used the port of embarkation as
I the discharging facility.
I Q, What did you do when you got out of the service after the 

second ©nlisfcment?
A. Well, 1 came home to Mississippi.
Q* Are you married?
A* Yes, ma’am*
Q« When did you get married?
A. December 5y 1956*
Q, Where did you get married? 

e A# In Gary, Indiana#
a
;; Q» Do you have any children?;j
is A. Yes, ma’am. I have a son sixteen months old#
1
II Q. Where was he born?
I A* While I was stationed in Japan at Tachikawa Air Force Base
i;i i
;S Japan*
I f

i| Q. lour wife was with you in Japan?
1 A# Yes, ma’am. My wife has always been with me since we wore

j !  marri eel» 1
I; Q. Now, Mr, Meredith, during the tine that you were in the
|ij j



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I... .... ............... ........._.... .... ..  ..........65...
:j

service, did you take any courses, educational courses?f"
A* las, ma’am* Generally I can say and specifically that

ii all during my service in almost all the time I m s
ii
!i engaged in some educational activity,
| Q. What was the first course or institution which you attended 
|j while you were in the Army or the Air Force?
ji A* You don’t Bean military schools?ji
jj Q, No, 1 mean other training,
ij
I A* The first mm the University of 'Kansas,
ii

BI MR,3 SHANDS, May I make an inquiry for clarification? 
Is all o f  this shown in some transcript of his that 
he is going into now?
BT THE WITNESS; No, sir,
BI MRS, MOTLEY; I don’t know that all of it is,
BI THE WITNESS; May I answer that question?
BI THE COURT; Well, I think you might proceed then.
Are you raising that as an objection, Mr, Shands, or
as an inquiry?

;j
j! BY KRo SHANDS; I was really making an inquiry as to]i
| whether or not this testimony was undertaking to state
ji j
■jj orally what i s  in transcripts, so-called transcripts,

of credits or courses* I was thinking both about
ij time and also the competency on Ids face* I don*t "know :
i; ;
jj if it is or isn’t*
j| BY THE COURTS I? it is an objection, I will overrule
j: the objection*
jj

— I _____



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Qs Bo you want to state the first institution which yon attend©*: 
while you were in the service?

A. The University of Kansas. Ton*re speaking of regular 
school, approved school?

Q. That*3 right®
A# I took courses through the M r  Force, hut the first night 

school 1 attended was the University of Kansas while I 
was stationed in Topeka, Kansas.

Q« What course did you take there?
A. Fro® the University of Kansas I took English I *—  I believe 

that’s the correct title, the first English course —  
and American Literature, and —  i

BY MR. 3HANDS: That is covered, I believe, in Ma
transcript. I think he would say it is.
BY THE COURT: ¥@11, if it is covered In the transcript,
I think that would he sufficient unless plaintiff de­
sires, as it® Might have the right to do, to prove the 

o correctness of it* Be* you recall if that is in the
transcript forwarded, to —
BY MIS® MOTLEYS I think it is* I don’t understand the 
objection, frankly. Re objected to us trying to get 
this information out of the registrar, indicated it 
ought to come from the plaintiff , that h® attended the 
institution. Row, lie objects to the plaintiff giving 
the Information* Frankly, 1 can’t fellow that kind of
objection.
BY Til COURTS I don’t think his objections went to this

__________________________________ _________________________________ ___ __ .66__________



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type objection when you had Mr% Ellis ©a the stand*
That was -with, reference to receipt of letters and 
writing of letters and so forth; but if it is aa objec­
tion, I will overrule the objection and let you pro­
ceed*

Qo What courses did you take at the University of Kansas?
A. I stated English I, 1 believe is the correct title; Compo­

sition and American Literature; and Speech I, the first 
speech course; and General Psychology.

Q. Did you ask for a transcript of these courses to be sent
to the registrar of the University of Mississippi when 
you applied for admission?

A* Yes, na’asu
Q* How, what was the second institution you attended during 

your period of service?
A. Washburn University in Topeka, Kansas*
Q. What courses did yeti take there?
A* Political Science. Just on© course.
Q. Did you ask that university to send the transcript to the 

registrar when you applied for admission?
A0 Yes, ma’am.
Q» What was the next institution you attended while you were 

is service?
A® The University of Maryland* You’re speaking of schools 

that I attended night scholl? *.
t* That’s right® Mot military training*
A„ The ones I submitted to the —



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;: Q, —  That’s right* Not the ethers*
jl A* The three schools that I submitted was the University of 
j; Kansas, Washburn University, and the University of

Maryland, Par East Division in Tachikawa, Japan. Id
|l attended that school at night.
|| Q. What courses did you attend when, you were at the Par East 

Division in Japan?
A. I don’t know if I car. recall them off* English Composition, 

American Literature, English Composition and World 
Literature, Sociology, Russian language, Russian 
History, History of the far East, Japan and China.

Q* Did you. have that sent to the registrar of the University 
of Mississippi when you applied for admission?

A * Ten, ma’am.
Qo In addition to the work which you took at these three

universities when you were in the service, did you get 
any other educational training in the service?

A* fes, ma’am* I took quite a, bit of work from the U* S*
Armed forces Institute on the college level and on the 
high school level*

BI Ml* BRANDS: We have an. observation and abjection*
Kis Army record would be the best evidence of what he 
is showing, as to what he got in the Army and what he 
took there* We make that objection for the record.
He is undertaking to show, to testify here on things

j!
ji that are probably shown by his Army record#



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Bl MBS* MOTLEY* I donrt believe this information is 
oa M s  discharge, and these ether records are not 
available to himj and I think he has a right to say what 
he took in the Army as educational courses not shown 
on any discharge he has*
SIT HE COURTS X believe X will rule on it after lunch* 
At this time we will take a recess until two o’clock* 

(Whereupon the hearing was recessed until 2i00 P. M.)

After Recess
BI THE COURTS When we recessed at noon, objection was 
made as to the question as to studies fee pursued while 
in the military service* X reserved ruling upon it 
until we returned* I have given thought to it* and at 
this time I shall overrule the objection. It is compe­
tent, I think! but as to what weight it wight have on 
the ultimate issues, it is not necessary to determine 
at this time* So I will overrule the objection and let 
him answer the question*

(BI MRS* MOTLEYS)
| Q* Mr. Meredith, will you please proceed to explain what
| training you received in the military other than theSj

three universities to which you have already referredi 
| A* Well, X took courses through the U* S. Armed Forces Xnsti,- 
I tute, mostly on a self-study basis, self-teaching^basis
| they called it, and. X took the examination when X felt

X had learned the material•• of the course.



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BI ME* SHANDSs flat was the last answer? He felt he 
did what? I didnH get the full answer.

A* The U* 3* Armed Forets Institute.

BI ME. 3IAMBSS I have reference to the *»—

A. The rules are there are two ways to take courses fro® that 
institute. Torn can take it by correspondence or take 
it by what they call the self-teaching course. They 
give you the material, and when you feel that you have 
mastered the material —

Bt MB* 3HANDSI We object to that, what he feels.
BI THE COURTS Overrule the objection.

A. And at such time that yon feel that you have mastered the 
material you can take the examination.

BI .MR. SMMMz W@ renew our objection, and let the 
record show the basis of that objection is, -first, fee 
is expressing a conclusion? secondly, he is talking 
about "probably." And I think the fact is, the rules 
and regulations of somebody or so®© institution that 
sent out correspondence courses and whether he did ©r 
did not master something is not for this witness to

_______________________________________________________________________ ____ 70______

determine



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BY SEE COURT? He is entitled to have his answer in the 
record anyway, regardless of how I rule, so at this 
time I will overrule the objection and let him answer, 
with the right to you to renew it at some future date
on a .motion to exclude*

l £o The U»SoA*F*, the short title of the name, they give you 
material through the education office on your base*

|| You get the material* You study the material, and when
■. you feel that you can pass the test, they administer
v>
I the examination to you*&

| Q. Would you tell us what examinations you have taken and 
explain what —

BY MR, SHANDS? May X have a running objection?
BY THE COURT? Yes, sir* X was just going to say that 
I will give you an objection to testimony of that type, 
At this time it will be overruled, but you do not waive 
your objections by failure to renew as to each particu­
lar question or answer, 

ij
ji Q. First explain what U.S.A.F, is so we will understand what
II you are talking about, the name of the institution, and
I!
jj give us the name of the examinations which you took or
ij|j the courses you took,
j| A, The United States Armed forces Institute is the board that 

has headquarters in Madison, Wisconsin, and it. handles



all of the services, Armed Forces personnel. They are 
entitled to receive training from this institution, 
and that was where I was saying that I got the material |
from my base education office, X studied the material. !|
They have regular patterns set up for this, and when I 
felt I was ready to pass the test, 1 applied for the 
test® It was administered, and 1 believe there were 
seven or eight such courses and there were such things jI
as public relations, real estate, dairy farming, I
business management, farm management, and I don’t know j 
how many I named* A couple of othei-a, 

let me ask you this: Did you have a transcript of those
courses sent to Jackson State College?

Yes, ma’am, I did, because Jackson State College recognizes 
this work and also the general --

BY MR. SHANDS: We object to what Jackson State College
does or doesn’t recognize, as coming from this witness.
He is roaming too far afield talking about what an 
institution does and does not,
BY THE COURT: Yes, 1 sustain the objection to that part
of his answer, that Jackson State College recognizes it, 
but I will overrule the objection to the other part of 
the question and let him answer what he furnished*

Let me rephrase the question. Did Jackson State College give 
you credit for these courses when you enrolled there?



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i BI B5R» SHANDSs We object to that, "Did he get credit
li for it,"
!i
!: BI MRS * MOTLEIs He should know if ha got credit for it*
||
!| BI THE COURTS Overrule the objection.

jj
I A* lea, ma’am. They gave me credit for such courses, Princi- 
l| pies of Economics, and so forth*
i i  |l) _ |

BY MEU SHARDS I He added "and so forth." 'We hate to 
keep making necessary objections*
BI THE COURT: I will exclude that part of his answer, j
"and so forth*®

Q* Have you covered all of the courses which you have taken
now in the Armed Forces?

A. Ho, ma’am. I took, through the Air University, I took
their extension course for officers candidate corres­
pondence course, which is the longest course that the0

|| University offers is extension work, and I completed
that course. And also tfee General Educational Develop­
ment Test, College Level. I took that test and I passed

! it*
Q. Did Jackson State College give you credit for one or any 

I of those courses?
| 4. The General Educational Development Teat, they gave me
i credit for it. The officers candidate school corr&s-
j
| pondence course, they did not give credit for*

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____Ik.._

Q. Warn wera you filially discharged from the service after you 
second period &f enlistment1?

A, 21 July# I960*
Q. After you ware discharged from the ssmrice la I960, what die 

you do?
A* I cam© home to Mississippi and then to visit mj wife, and 1 

went to visit my relatives in Detroit and I cam® back 
fee Mississippi®

Q. How long have you been out ©f the State of Mississippi 
all told sinea July, I960?

A. Veil, I was gone when 1 went to my wife's home one week.
I went to lew Orleans to pick up my automobile, and I 
went back and visited for two days and I went to Mobile, 
Alabama, to a football game.

Q. All told, was it a week or two weeks or a year or what?
A* Veil, a week or two, all told,
Q. In the last year? Is that right?
A. Tea, at&fa»®

f Q. How, what did you do after? You say you went to Detroit. 
Then what did yea do?

A. I came back t© Kosciusko and stayed.
Q. What month, is this?
A. That I cam® back t© Kosciusko?
Q. Tea,
A# In August. And stayed until September. I cam® to Jackson I 

to make preparations to g© to Jackson Stats College.
Q» How, did you enroll in Jackson Stats College?



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Ies? ma’am#
When did you enroll there?
In September of I960,, arid I enrolled in each term since*
Are you presently enrolled in the summer term?
Tes, ma’am*
How many credits have you earned and how many credits have

you been allowed at Jackson State College all told?

BY MR. SHANDS: Unless he is able to determine himself
how many credits lie has earned without relying upon a 
written document that he didn’t prepare and somebody 
else prepared, we then object that the document 
is itself the best evidence*
BY THE COURT; Yes, I sustain the objection on that*

Are you able to figure out the credits you have earned 
yourself?

Tes, mala®* 1 have completed work for fifty-five quarter- 
hours work. Of course, the work I’m taking now is not 
counted in this*

Bo you know how many credits they gave you credit for when yc 
came in? I

Yea, ma’am* They gave me an evaluation of 117 quarter~hours| 
at the

j!
BY MRa SHASDS; The evaluation evidently is a written j 
document* We object to that on the ground the document j



itself is the- best avi time®,
\

BY TIE COlIRTf Yea* I think if that is a written doe naan t
tha writ tan doaiaiaemt would be the best evidence.

Did they give you a written document stating how many credits
I

yeu had hmm allowed whan ym. watered? !
las, «&*«#
low, Mr* Meredith, da you own any real property is the

j

State of Mississippi?
Tea, ma'am* I mm three farms*
Where ar® those fares located?
At Kosciusko, Mississippi, in Attalla County.
When did you pmrclia,.se the first farts? 
la April, 1954.
How big a farm is it?
Forty acres*
Mow much did you pay for it?
Three hundred dollars.
Did you pay cash for it? 
les, asa'am.
Did you —  las that cash your own money?
Yes, ma'am.
When did you purchase tha second farm?
3h March, 1956*
How big a farm is that?
Seventeen acres*
How much did you pay for it?
One thousand dollars®

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___________ _________________________________ _______ 77___

Q« Bid you pay ©ae thousand dollars cash for it?
A* Mo# Kafaa« I paid six hundred dollars cash aad the balance 

ia fifty dollars monthly paimeats.
Q* Bid you pay the six hundred dollars with your own money?
A. lea# n&'ausu
Q. How about the fifty dollars a isoath? Bid you pay that with 

your own money?
A, les# ma'aau
Q. When did you purchase the third far®?
A. In April# I960.
Q. low big a farm is it?
A. Eighty-four acres*
Q. How much did you pay for it?
A. three thousand dollars*
Q. Bid f©n pay three thousand dollars of your own money for that: 

far®?
A. Tea, ma'am*
Q» Is that mossy earned ia the Armed Services? 

o A. Tea# ma'a®, myself and ray wife. I was married in 1956# and 
my wife —

Q* Where was your wife working?
A. She worked for the military# civil service employee*
Q» What kind of werk did she do?
A. Sh« was & stenographer and a clerk.
Q. low# do you own any personal property at the present time?
A* las, I own automobiles* :
Q. How many? j

Two automobiles and a truck.



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Q» When did youpurchaae the first automobile? 
A, The truck was purchased first® 

j Q, What year was that?
| A. 1956,
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A.
Q.

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Q.

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How much did you pay for it?
Nineteen hundred dollars*
Did you pay for that with your own money?
Yes, madam*
When did you purchase the second car?
In I960* Maybe I better clarify that* I paid for the car 

in 1959* but I had to send the money to Germany to order 
the car, and I received it in January of I960,

What make automobile is it?
Volkswagen,
How much did you pay for it?
Sixteen hundred dollars®
When did you purchase the third car?

ffi A. In 1957,
Q
1 Q. What kind of car is that?
A, 1952 Cadillac,
Q* How much did you pay for it?
A, Tlii,rteen hundred dollars*
Q. Did you pay for that out of your own money?
A. Yes, ma’am.
Q, Are you a registered voter, Mr# Meredith?
As Yes, ma’am, State of Mississippi. 3.
Q. When did you register to vote?



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A. February,. 1961.
Q. Where?
A. I registered at the Rinds County courtroom, clerk —  I 

believe the clerk there*
Q. Is that in Jackson?
A. las, ma’am.

BY MRS* MOTLEIi I think that is all.
BY MR. SHASDSs Will the Court indulge ms a Moment?
BY “M E  COURTS Its* ««. Are you reac^t© proceed? 
BY MR* BRANDS: Ies# sir.
BY THE COURTS Very well.

CROSS EXAMINATION
BI MR. SHANES?
Q. James, let’s start at the back end of your testimony. You 

are registered in Binds County?
A. That’s right, 

i Q. You are a registered voter there?
A, That’s right* That’s where I registered.
Q. What?
A. I registered for the first time in Hinds County. I was

going to school and I went down to the clerk and regis­
tered to vote.

Q. How many elections You haven’t voted in any elections? 
A. I have not voted in my life.
Q» Why haven’t you voted?



I didn’t want to vote in Hfads County is the reason I didn’t 
vote in the city elections*

Have you ever been registered in Attalla County?
to, sir. The first time I ever registered in ay life was 

in February• 1 trued to register when X was in the
service, but the voting officer told me I couldn’t 
register absentee.

Now, when was it you registered in Hinds County?
February 2nd, I believe is the date.
February 2nd of what?
’61.

Of *6lo Did you fill out an application to get to register?
Teg, sir, X filled out* all of the forms that they gave me*
Did you swear to the contents of that application? Bid you 

take an oath?
I don’t «-*•
«*• Did you do everything they required yon to do'?
I did everything they required me to do?
And if they asked you to take an oath, you made the oath?
Tea, sir, I don’t particularly recall them requiring such, 

but if they did, X did.
That was on what day in February, I960?
The 2nd, I believe*
Think about that, I want you -—  Was that f60 or ’61? Don’t 

you recall?
I have the affidavit here some place, The 2nd day of Febru­

ary.
2nd day of February, is that your poll tax receipt?



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________________________________________________________M ___

A# This is the affidavit and. certificate#
Q. Affidavit sad certificate#
A, For poll tax exemption#
Q* Sen diet you get a pell tax exemption?
A* Service men and women, it says on here, because I had been 

in the service®
Q* Because you had been in service?
A„ las, sir#
$« Mem, that was February what?

| A. 2nd,
I Q. I960?
j
0 A* That is correct*1
\

i'f THE COUETj *60 or *61? 1 understood you to say *61#
BT THE WITH ESS: Tes, sir, *61, but lie 1ms got here
* fiscal year 1959-1960 •*• I d®ast know what all that 
means# He put all that or there®

Q# Bo you knew the requirements necessary for you to have 
registered ia Hiads County?

A. I assume that 1 met them#
Q. What?
A* I assume that I met them#
Q# Tou assume that you met them# Too say to this Court that 

you had the requirements?
A. Well, I had never registered to vote, md they were havingH 
Q* •« I just ask you, de you say to this Court that you



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possessed the requirements to register'?
Well, I wanted to register to vote* They were having a 

voters campaign drive and asked me to register, and 
I went and registered*

Who was having a voter drive? The MAACP?
No, sir, the school* Some of the students on the campus*
Was that the MIAS that was having that drive?
If it was, I didn’t know about it*
Well, who was having the drive? '
Well, very specifically you ask me, I believe it was the 

president of the student government association*
He asked you to go register?
Yes, sir*
What is his name?
Do I have to give names of the people that »—
I want to know the name of the man that you said told you 

to go register.
|

BY MRS* MOTLEY*' Wfc object to this on the ground it is | 
not relevant or material who told the applicant to

j

register* We don’t see the relevancy and m  object
Ito that*

BY THE COURT! Overrule the objection*

What was his name?'• Come on and give it-to me*
That’s Walter Williams I’m talking about• However, I,didn’t 

have to be made to register to vote. 1 know I have a

82................



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responsibility to register.
?;< Q* Now then, Jamts, tell me where you were on February 2, I960*
ij
|| A. Well, I was at Jackson State College at school, going to
jj
i! school, and I registered on that date.
| Q. On February 2, I960?
A* Oh, 560a I was in Japan, Tachikawa, Japan.
Q. You were in service in Japan?
A. Right.
Q* Hew, youware not is Jackson?
A. No, sir*
Q. B© you sake any claim in this suit that you have ever been 

a resident Strike that* Bo you have a espy ©f your 
application to register?

A. This is all 1 have*
Q. That is all you have? When did you first get to Jackson?
A. September of I960*.
Q. September of I960?
A. That’s right.

6 Q. You were living in Jackson, & resident of Jackson, Hinds 
County, Mississippi, on February 2, I960?

A. I was ia the service at that time.
Q. I asked you if you were living in and a resident of Hinds 

County, Mississippi, on February 2, 19® ?
A. Ho, sir, but 1*11 say this: . When I went to register to 

vote there wasn’t many questions 1 was asked, and he
|

called me a Negro in the first place, and he did all 
the talking, and then he filled out the form and —



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BY MR# SHANDS; Wa object to all that and move to 
exclude it.
BY THE COURT; Overrule the motion.

All right. Cro ahead then*
And so if these things —  I just told him I had been in 

the service, and he told me that in this court ~~ he 
told me to fill out the paper and then he told me to go 
out and tell all the niggers they can register and vote 
in this court; all they got to do is pass the test.
And I didn’t have much to say.

Who was that?
This was the clerk.
What was his name?

i
The same one that signed this, I don’t know. I
What is his name'?

I

It looks like Reedo R. M* Heed, it looks like.
Let’s get back to the question I asked you. Were you livingj 

and residing in Jackson, Mississippi, on February 2,
I960? I!

No, sir.
Did anybody tell you what you had to do in order to qualify j 

to register?
Yes, sir, and I told him that I had been in the service. I 

told him that I had never lived in Hinds County* I 
told him I had always lived in Attalla County.



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q, Fay did you go up there to register?
A, Because I was going to Jackson State College and wanted to 

register and vote in Hinds County* as the voting place 
most convenient and closest. That*3 why*

Q. How many poll taxes have you paid?
A. lone*
Q, Bid you know that you swore, made an oath to that applica­

tion?
A. You mean when I signed it?
Q. Xes. When you registered#
A. I don’t know1 if I signed it ~™ Wall, yes, sir, I see it on 

here now. I just saw that*
Q. Tes, you remember now that you swore that the contents of 

that application were true, didn’t you?
A® I saw that on there when I —
Q. I’m asking you*
A* Yes, sir*
Q. You did do that, didn’t you?
A. Tea, sir*
Q. At a time when, you knew it was untrue. How, you either knew

it. as true or untrue.
A. Maybe I did, but the circumstances was such *»*"”
Q. I didn’t ask you that. At the time you took that oath you ; 

knew It was untrue?
A. X explained to him my situation* X explained it to him

......_____________ _____ ____________________________ _________________________ 35_________

thoroughly, that I was a permanent citizen of Attalla j 
County* I explained that to him. I explained I tod



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never lived in Hinds County prior to coming to 
school there* That is when he went on to tell me about j 
anybody could register to vote in M s  court, and I didnH 
have much to say in that clerk’s office when I registered

Q.
A*
Q«
A#

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300
A.

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to vote*
My question is, James, you knew it was untrue?
les, sir.
When you made the oath?
Yes, sir* I know what I told Mm* Now, he figured out 

whether or not he was going to give m& this slip*
X didn’t ask you that, low, James, let’s talk a little bit 

about Attalla County, You swore --If you swore that 
you had been a resident of Hinds County for one year 
prior to February 2, 1961, then when were you ever a 
resident of Attalla County?

All of the time. And if you’re talking about the applica­
tions, the recommendations, only people in. Kosciusko 
knew me and had known me for two years*

I want to know how you were in Japan on February 2, I960 
and got to then be a resident of Hinds County, Missis­
sippi?

I explained my whole situation to the man when X went up to 
register to vote, and he gave me this exemption that he 
says that all military people get, and that is about all 
I know about this voting situation other than what X 
told you,

And X want you to reflect now and sea if there is anything

else you want to .aay about -that.
-A*— No, -sir. J



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Now, when you were up at, Wayne College, were you hfcle to 
read and write?

A little bit.
Just a little bit?
Yes, sir*
You have trouble with 'reading and writing?
That all depends on what you mean.
But it’s that you read and write*
I was having trouble with my grammar at that time. If you 

mean just reading and writing, I can, --
Gould you read and write good on January 31, 1961?
Isa, sir.
When you got that application fro® the University, you knew 

that you were requested by the ~~~ Did you read it? Did 
you read the application?

Which application are you speaking about?
You haven’t made but one to Old Miss.
Oh, you’re speaking of that one.
Have you made any others?
Yes, sir, I filled it out myself, so I —
Did you read it?
Yes, sir.
Did you read it carefully?
Yes, sir.
You saw on that application blank that they asked you to 

list names «f colleges attended, didn’t you? You 
read that?



Colleges or universities, yes, I saw that, I remember that 
on the application,

You have a copy of that application, haven’t you?
No, sir. They only sent me one copy, I sent the copy back 

to them*
Neither you nor your counsel have in your possession a copy 

of that application?
No, sir. There was not —  They only sent me one copy of 

the application.
But you ran it through a reproducing machine and made a 

copy, didn’t you?
Mo, sir.
Who did?
I didn’t, I don’t have any knowledge of anybody doing it.
Tell me why you did not --  You knew they asked for the

names of everyone of the colleges you attended? Didn’t 
you know that?

No, sir*
Well, you can read, can’t you?
Yes, sir, I can read, but I interpreted that
All right. If you read it you saw that request on the 

application, didn’t you?
Yes, sir. I interpreted --
Now then, you did not ~~~

BY MRS. MOTLEY* May it please the Court, I think the 
witness has a right to explain M s  answer.



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BY MR. SHANDS; All right,
BY MRS a MOTLEY; He is trying to limit him t-o a yes 
or no answer® The witness is trying to explain.
BY IKE COURT! I'll let him explain.

____________________________________ _____ _ ___________89

A, I understood that to mean the schools from which I would 
submit work#

Qo What made you think that? What was on the application that
made you think that?

t A. Might not have been anything on the application that made 
I me think that®L
JI Q. You read it* You. understood it. And you put down the names
£tei

| of some colleges, didn't you?
ft.a
i A. Yes, sir.
Q. You knew then that you had been to Wayne College, didn’t 

you?
A. Yes, sir.
Q* You knew that you didn't put it on the application, didn't 

you?
A. Yes, sir, and I didn't think it called for it*
Q. I didn't ask you that. So then you knew, and you sent that 

application in that you hadn't given them the informatic
which the words on the form called for.

A. That is not correct*
Q. All right. Now, when you attended Wayne, where were you 

living?
A. With my sister in Detroit*
Q* What address did you give?



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A.

Why didn’t, you give Route 2, Kosciusko, Mississippi?
Because I wasn’t residing, wasn’t staying at Route 2, going, 

to Wayne University* I was staying at 2303 Pasadena.
lou were not residing in Attails County at that time?
Yes, sir, and that was 1955*
Have you tried to leave the impression in this Court that 

you had been a. resident of Att&lla County for the entire- 
period of time prior?

Yes, sir, that was established «»
It was established?
-» While I was in service.

Q. Tell me how you established that?
A. Because I was under 21 at the time I went in the service* 
Q. Who told you that the residence of a minor was that of his 

father?
A. My legal officer on my base, 

i Q. But you got to be 21, fellow, shortly after you made yourQ
® last hitch, didn’t you?
0}
a A. Just before.
; Q* That is what I’m getting at* Row then, where was your 

residence when you went into the Army on your second 
hitch? You got to be 21 just before you went in for

ij;> your second hitch.
j| A, As far as I know, it was Mississippi*
| Q« I’m not asking as far as you know. I asked you where it 

was.
| A* I was staying at 2303 Pasadena attending Wayne Universityo



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q. Ifm asking you where was your residence on the date you went 
into service beginning your second hitch.*

A, Kosciusko®

BY MRS. MOTLEY: We object to that. We think that
where the plaintifffs residence is is a conclusion of 
law to be determined by the Court* He can ask where 
he was residing, but lie can*t ask where his residence 
was® That is a legal conclusion*
BY THE COURTI Overrule the objection. It can be a 
Mixed question of law in fact so I will let him answer.

Q, Where was it?
A. Kosciusko, Mississippi®
Q. Where were you discharged?
A, Omaha, Nebraska. You mean — ? I was discharged at Travis 

Air Force Base, California.
Q* Did you show your residence on your Army record?

0 A. Yes, sir,
Q» You did? Where on your Army record, where did you say on 

your Army record *•-- Just a minute. What place did 
you show on your Army record for the second hitch 
as your residence?

A. Kosciusko, Mississippi®
Q. You did that?
A. Yes, sir.
Q* Now then, you were discharged from your second hitch what

date?



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; A* 21 July, i960*
ij Q, I960. And you were discharged at what place?
■ A. Travis Air Force Base, California.
;i Q. Isn’t it an Arm y or Air Force rule and regulation that 
;i the Government pays your expenses back to the place
1 where you. gave as your residence on your Ar&y record?
jj A. Or to another spot., however —
|i Q* Wait now. Isn’t that the way they do it?
i: A* Ion made some errors in the question* I can’t answer that
| question#
I Q# Let’s just simplify it* To what spot did the Government 
\ pay your expenses back to?
Khi

| A* To your home of record, and your home of record does not 
e s tab li s h r e s i d e n c y .

Q» It doesn’t? Let’s see, then* We’re getting close to it.
To what place did the Government pay your expenses 
upon your discharge at your second hitch?

A. To Detroit, Michigan, but it pays »— You have a choice*
The Government will pay your mileage to the place of 
your enlistment or to your home, whichever you choose, 
providing your home is not further away. If I was 
staioned in California, I was discharged in California* 
Then, if I was discharged again in New York, the 
Government would pay my expenses to California if 1 
chos-% or they would pay it to another spot closer than. 
California. But that is — —

Q» Are you going to tell me you asked them to pay it to Detroit
t

:.....



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Instead of to Kosciusko?
A* Tea, sir, that is a right —
Q* Just tell me* Bid you request that?
A* Yes, part of it* I had my household furniture and every*** 

thing shipped to Kosciusko* They only paid my mileage 
to Detroit* everything else, the biggest expense the 
Government had was to Kosciusko, and that was shipping 
my furniture. Cost several thousand dollars.

Q» No«, James, do you consider you have had a good Army record?
A. Excellent.

|
Q. Ion ars proud of your record?
A. Xes, sir.
Q. You think your papers show that you had a good record?
A. Tes, sir.
Q. Would you have any objection to authorizing the defendants 

in this case to examine your Army record and papers in 
the .hands of the Government? Ion are proud of it. What 
objection could you have? Bo you have any? You 
probably don’t. You don’t have any?

A. I’m not giving that right, but I don’t have any.
Q« You 'don’t have any objection?
A. However, if I have the authority to give that right, I’m not 

giving that right, but I have no objection, I have 
records myself®

Q* Why won’t you give that right if you have no objection to it?
A, Because I don’t want to set —  if I’m successful in getting j 

in the University of Mississippi, I don’t want to set a !

__________________ _______________ __________ ___93 .._____

J.



bad precedent to Negroes where they have to go through 
a special procedure to get that* that is, by showing 
all of these things I don’t believe is required from a 
normal appiicant *

Are you here as a bonafide applicant or are you here as
s ome t hi ng el a e ¥

I m  her® as a bonaficle applicant#
You have no objection to our seeing your Army record?
No, sir.
But you’re not —
—  But if I have the authority I’m not *— «•
— But you are not going to authorise that to be done?
No, sir* As far as I know, you can do it anyhow, but I have 

no objection. If I have the authority, I don’t see any 
reason, if it’s called for* I have no objection*

And as far as you are concerned., we can examine it?
I’m not saying that*
You don’t have an. objection, but — - 
Yes, sir,

BY MRS, MOTLEY: We object to this pressure on the
witness in trying to get him to admit that he said 
something he hasn’t said., and that he is trying to 
pressure him into authorizing the State to look into 
his Army record. We object to that and don’t think it 
proper examination* ,
BY THE COURT: Overrule the objection.

............. .........................  94



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---- --- -------- — ------------— -------------------9.5.______
Q» James# you have nothing to hide in this matter, do you?
A. Mo# sir* I was just fixing to answer,

BT MRSo MOTLEY: We object to that question: also, to
that kind of tone of examination as if this man is

I
hiding something, Ifcere is an attempt, 1 think, to 
entrap the man into saying something he does not intend 
to say. He said three times he would not authorise 
the State to have his record. He has no objection, but I 
he would not authorize it unless it is required by the 
rules of the University®
BI THE COURTS I will overrule the objection on this 
theory: I want him to have a full opportunity, H©
has answered, I think, fairly clearly! however, there 
is a rule of law that, if a. person has something in his 
possession and. over* which he has control., and Is.® declines 
to authorise that, then an unfavorable inference could 
be drawn that if he were to give permission an unfavor­
able inference can be drawn if it was examined it would 
be unfavorable* So I think it competent in cross- 
examination to question him fully, and I overrule the 
objections .

Upon reflection, James, do you still stick to that?
X will say that you have my permission to examine all my 

military records*
Q. Very good. In the event it should become necessary, by some 

government regulation, that you sign some document to



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evidence that* will you sign that if the government
regulations require that?

I A« 1 will* However* I don’t go along with it*
Q, James, do you have any information one way or the other as •;

whether* if you were admitted to the University of
:! Mississippi and if you were given no more credit for tlr
j

hours given, submitted, than the letter from Mr, .EllisII
■ stated* that was written to you* do you know whether or
j not that would affect, your 01 Bill of Rights period
1 of educational advantages under the government money?
| A* No, sir, I do not*
S..

9 Q* Have you made any investigation of that?s'to
I A, I checked with the Veterans Administration on changing

schools * They said I could change schools. Now, as far 
as this other thing you’re talking about «~

Q« Xou don’t know whether it would affect it?
A. No, sir, but they did tell me I could change school*
Q. But if it was to affect it under the circumstances that I 

told you, do you still want to change schools and go 
to Ole Miss if it causes you to lose some of your GI 
Bill of Eights?

I A* Xes, sir.
|
;j Q° Xou still do? Even though you are going to lose money 
j| that you would otherwise be entitled to?
I A. Xes, sir. I want to get a good education*
|j

Q. Now, James, what is it that you are asking for by this suit?
i; ;
I: Is it that you want equal treatment upon admission to



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the University of Mississippi? Do you want to be treated 
Just like you think someone would, be treated if they 
are a white applicant? Is that what you want in this la* 
suit? Or do you want special treatment?

A. I want the same treatment, of my application, normal*
Q, Torn want to comply with the same requirements that would be 

required of a white applicant? Is that correct? Or do 
you want special treatment?

A. I certainly don't want any special treatment* However, I 
| realize there are some things that will be different inZ
| my situation*
t Q» My question, James, was do you want to comply with the same : 

requirements that are required of white applicants? j 
Equal treatment? Is that what you want?

A. lea, air, those that are fair*
Q* Those that are fair* low, suppose you would think some are 

not fair —

BY MBS. MOTLEY: I think this is arguing with the wit­
ness* The law is he is only entitled to the same

i •
rights that white persons have in this state, and this 
is an argument with the witness as to what he thinks 
the law to-be, ©r some thing to that effect* The Court j
will rale on. what rights he is entitled to, and it is

i
settled he is entitled only to the same rights the

L
 other persons have* This is an argument with the witness 
about what fee thinks the law to be*



BY 1HS COURT? I don’t think it is an argument with the 
witness. He is asking direct questions which can he 
answered, and I think that on some of the issues that at 
in the case it i s  competent, without naming what those 
issues are at the particular moment* So I overrule 
the objection* I think fee has answered the question, 
however® The question was whether he wanted special 
treatment or whether he wanted to abide by the same 
requirements as a white student would abide by, and I 
believe he his answered that question*
BY MR* SHANDS5 He did, and my only reason for asking 
it again was so that there could be no mi sundershanding 
by the witness of the question.

Now, James Just one moment*

BY ME. SHANDS: We havethe matter of the deposition that
was taken* Do you have any exceptions to that deposi­
tion? Have you had a chance to go over it?
BY MRS® MOTLEY: Did you finish reading it, Mr. Meredith
BY THE WITNESS! Yes, I went over it all®
BY MRSo MOTLEY: Did you have any corrections for it?
BY THE WITNESS: No, ma’am* There was one place that
there seemed like might have been part of a sentence 
left off. Other than that, as far as the material is

iconcerned, it seemed accurate.
j Let’s find that place, if he‘wants to.BY MR, 8HANDS



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99
BY MRS* MOTlEXs Becaus® w® havsn ’ t had a chance t-c rear 
it*
B! MR* 3HANDS: X havenft either*
BY MS* MOTLEY: Are you planning to offer this in
evidence!
BY ME. 3HANDS?. We’ll do that*.
BY MES. MOTLEY: We have a number of objections that
lour Honor agreed to rule on again when this was pre­
sented in ©videnc®.
BY MR* SHANES: At the present tine, my purpose, Counsel
was to ask him about some questions that were asked hi® 
on that, and I didn’t want to be asking the questions os 
that when there sight be ioae question of exception by 
you* We might speed it sip by still keeping your reser­
vations that you have already noted in. the document 
there, and if I mr& to ask hi® something here, then 
you would have your same objection unless —
BY MRS® MOTLEY: I thought you were offering it under
Ru.lt 26b.
BY MR. SHANES: 1 am not.
BY MRS. MOTLEY: If you are not, you can ask him every­
thing over again that you have asked hi.® there, I 
suppose. Y o u r H o n o r, before you g© on $ I wanted to 
make our* objection to the request for this man’s Army 
record clearor in the record. X wanted to add as a 
basis for our objection that this man was not turned 
down for admission oa the basis of anything which 
appeared in his military record, and I wanted to Claris



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the basis of our objection* How, at this point he has 
been turned down, we allege, for certain reasons and 
the registrar has given other reasons, and he was not 
turned down on the basis of anything that appears in his 
military record* for that reason, we objected to 
that* I just wanted to clarify our objection,
BX THE COURTS Very well# That clarifies it, As I 
understood his answer, he finally stated that he would 
be willing far them to examine the record and they could 
look at it and he would authorise it if necessary.
The reason I thought you might be familiar with that 
rule of law is this! For instance, take the privileged 
communication of a doctor# If a plaintiff objects to 
M s  doctor testifying as to injury, then that objection 
must be sustained because it is privileged; but the 
law goes further, that the trier of facts are justified 
in drawing that if the doctor did testify, his testimony 
would be unfavorable. So that is a general rule of law. 
If a witness who can claim a privilege claims it when 
it is within M s  power to authorize it, then the trier o 
facts can, if he thinks the case warrants such, draw 
the inference that it would be unfavorable to him.
That is the reason.
BX MRS, MOTLEYS To clarify the record further, I 
understand he has authorised him to look at his recora.
We don’t say that his record should not be looked at;

s j
we only say it is not relevant or material because j



they have not turned Mia down on the basis of anything 
that; appears in that record® They can look into it if 
they want to, but we say as far as the issues before tMfe 
Court are concerned, they have not turned M m  down on 
the basis of anything that appears in that record; and 
for that reason, it is not relevant or Material* We 
have nothing to hide in his record and are not trying 
to hide M s  Army record, but timj don’t know anything 
about it 30 feava no basis for turning M m  down on any­
thing that appeared in that record* That is all we are 
saying*
BI THE COURT? Of course, I can’t tell until it is 
brought before ae whether there is anything relevant or 
not® If there is sot anything relevant in it, of course,, 
it would be excluded; but I think 'under the issues as 
thus far framed, there could be something in there 
that would fee material to the issues in. this case.
You set, the issues havenot been completely framed 
yet except fey the correspondence, and the correspon­
dence is that they turned him down for certain reasons 
as well as for other reasons. That m s  argued out 
before me by each of yon shortly when we were in 
Meridian, I believe, when you wanted to take the testi­
mony of one of the defendants prior to the expiration 
of the twenty days. In this lawsuit I am going to 
try to follow the rules of evidence just as accurately 
a® I possibly can, and, as I explained to you, those



rales give the defendant the advantage for the first 
twenty days unless there are some exceptional causes 
or reasons why the deposition of a defendant should be 
taken in advance of that of the plaintiff* So if a 
plaintiff .has an advantage that is hidden, he is en­
titled to it for twenty days. If the plaintiff can show 
unusual or extraordinary reasons, like I explained to 
you, where a defendant is about to plead the jurisdiction 
of the Court or something or the confines of the United i
States, then the depositions can be taken without 
notice* So I donft know until the issues are framed 
just what those other causes might be, whether they 
are material, substantial or worthless* So on that 
theory, I think he is entitled to question this plain- j 
tiff about the Army record; and since he has given 
consent to it, of course, if it is good, it is favor­
able to him* If there is anything bad, then it would 
be unfavorable, to be considered along with all the 
other testimony in the case.
BT MBS* MOTLEY? But, Your Honor, the cause of action 
doesn*t arise in the future, when they may, by some 
accident, find something on which they would then claim 
in the future they denied his application for admission 
on May 25th* They denied his application on May 25th 
based on whatever evidence they had at that time, and 
it did not include his Army record because he would not 
be now asking the Court; and no cause of action or



reason for excluding M m  can he based on something 
they hare not yet discovered®
BI THE COURT! Well, 1 think if, for instance —  
as an illustration «—  if they turned him down because 
they thought M s  moral character wasn’t good, and if 
they can prove by any competent evidence he mas a man 
of bad character, whether they knew it at that time or 
not, it would be competent upon the issues in this 
case* —  And when 1 use that illustration, certainly 
I don’t mean to imply he is one, but that is airaply 
illustrative, the basis upon 'which I overrule the 
objection at this time® Very well, you may proceed* 
low, you were talking about the deposition* I believe 
she consented you could examine him about the deposition 
BX MR* ■ SHARDS: There h.m been no action by the Court
upon the admissibility of any of thisf 
BX THE COURT: No, sir*
BX MR* SMAHBSs Kay I ask counsel —  because I don’t 
want to go back, in the standpoint of time, into a 
lot of this if it is going to be admitted; at the 
same time, if you have- an objection and the objection 
is sustained and it is striken, then I need,to know that 
or have some method of protecting, myself and ay privi­
lege of asking this witness questions about it* So 
W  problem is, would, you have any idea when you might 
get to the point of taking any exceptions to this'?
BX THE COURTS Let me settle that now® Mrs® Motley, do



you think you can prepare your objections in. written fox 
to any of the questions and answers within ten days'?
Bf MBS, MOTLEY? I can. do that right now, lour Honor, 
Most of the questions Well, let me put it this 
way? We object to two types of questions on the ground 
that they are not relevant or material to the issues 
in this case| and one is the basis on which the case 
is being financed, and, two, the plaintiff»s motive 
for bringing this lawsuit. How, we submitted to tour 
Honor the other day the Supreme Court cases on both of 
those points, and that is the only objection that we 
have .here, and those objections are already contained 
in that deposition* We don*t have any additional objec­
tions • We have only two objections, both of which the 
Supreme Court has ruled on, and w© don’t care to go into 
it anymore* If Tour Honor overrules it, of course, we 
have our automatic exception, but those are the 
two points*
BY THE COURT? Well, do you care to press those argument.* 
at this time? As I say, certainly if it is not compe­
tent, I can exclude it from consideration, and I guess 
I can read that deposition and ascertain all the objec- J 
tions that you. have which would touch on the question 
of motive and upon the connection, if any, that the 
NAAOP might have with it. Those are the two objections? 
BX MRS. MOTLEY; That’s right, *



1

BI THE COUHTf .Have yeti briefed that? I haven* t had 
an opportunity to read it, but in your brief did you 
cita these authorities upon which you rely?
BI MS*- MOTLEY; No, lour Honor, but I can .give you a 
copy of that memorandua in the other casts* There are 
very few cases on it I think five or six all bold —  
and we already have those set forth* 1 don't think it 
is important enough for as to delay this trial with 
pressing those objections, because I m  sure that is I
not going to be determinative of the issues in this casedI
We aaei® our objections and I m  willing to submit the 
cases cited for the benefit of the Court#
BI THE COURT! I would like to hava that before you 
leave here* Now, Mr, Shaads, do you and your associates 
contend that motive is Material to be considered?
BI-MR, 3BAS0DSs Tour Honor, our position on that is 
that the questions that we aak in that deposition cen- 
censing the activity ©f the MAACP in this lawsuit, 
their financing ©f the lawsuit, and other Matters ©f i 
that kind,- are net restrictive solely to Motive, It 
is much broader® Our view is that a very burning issue 
It this lawsuit is, is this this mania lawsuit? I® 
this M s  coaplaint? Is this his wish? Is this Ms 
action? New, further involved in that is tin Matter 
©I credibility of this witness, I would mot be sur** 
prised but what some testimony in this case would be 
in sharp conflict, ill ©f that is entwined and wound

______________________________________________________ __________105



106

in that line of questions*
BT TUI COBBY* Well, I think what I an going to do, 
Gentlemen, is this: When. 1 set this case for today, I
thought 1 could conclude it in three hours or* four 
hours at the outside, but I see now it is going to take 
two or three days to try it since we art going into 
testimony on the v& ness stand* I just normally assumed 
without asking either side that it would be heard an 
affidavits and upon the deposition, but, of course, the 
other course is being pursued, upon oral testimony, and 
it is going to take some two or tare® days at least to 
develop all of this testimony* la. order to save time, 
sines it is now 3*25 in the afternoon, I am going to 
let you proceed with the examination as far as you can 
today* Then I a® going to fee compelled t® recess this 
case until some future day not too distant —  and I 
will give you that now in a. moment —  and set the 
case for trial and proceed with it until it is finished* 
I cannot finish it this week because I have cases set 
for all the balance of this week, including seme crimi­
nal cases, and all next week, long before this ease 
was filed, civil cases were set for trial and a jury 
summonsed for the®# I have one cats set for tomorrow 
where a vessel is tied up and has been tied up since 
195$, and I have to hear that* 1 recognise the impor­
tance ©f this cas« and I recognise the priority of^this 
case, and I have given it priority over another 
pending application for injunction in a different type



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of case* It Is just utterly impossible for &m judge 
to hear all these things, and all of you know there is 
only on© judge in this district, and I hare advised you 
that I have a nan is jail ^ke has b@«a there for soae 
six or seven months demanding tri&lf where he has 
entered a plea of not guilty, and that is set for the 
26th of June* So the nearest date that I can resume 
the trial of this case is going to be July 10th« I had 
a docket set for the 10th, but I will re-set that 
entire docket, resume the trial of this case on July
10th, and go through with it until it is finished* X ,

I
as going to require- the defendants to answer this lawsuits 
within the time prescribed by the rules, which is twenty 
days, and they ought to have their answer in before 
the case is resumed for trial* so that the issues will 
be definitely framed and we can begin the case and 
finish it. So I am going to let you proceed as far as 
we can go this afternoon with the testimony, you have 
available now, and then I will require the dtfaMaatt 
to answer the lawsuit and resume the trial ©a July 10th*
M  MRS* MOTLET; lour Honor, the plaintiff seeks admis­
sion to the summer term, which has already commenced on j 
June 8th. As I understand it, this is an application for 
a preliminary injunction pending trial, and I think that j 
the plaintifffs irreparable injury here is abundantly 
clear* They turned him down on the ground he is 
attending a non-accredited school, and there is no better



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reason for wanting to transfer to an accredited school 
than the fact that you are attending a non-aeeredited 
school* He is going to a state Institution not even 
accredited. He is trying to go to a stats institution 
which is accredited, and I don*t think the plaintiff 
can be allowed toeontinue to suffer till© irreparable 
injury* X think the law is clear they can’t exclude 
him on account of his race, and X think the evidence 
already introduced clearly shows that# X think he is 
entitled to go into this present ter® of the summer 
session, and that is why w© are here today, for the Cour 
to determine 'whether he can go into the summer session* 
By July the session will be half over* He was denied 
for the February term, was turned down, and he gave the 
University an opportunity to act on it. He appealed 
to. the dean, and the dean didn’t even answer his letter. 
BY THE COURTi Well, without commenting on whether 
he has shown it thus far or not, of course, the only
comment X can make is that the lawsuit is a lawsuit 
and it hasn’t been completed* I realise what the issue 
is, exactly what your contentions are, but the defen­
dants are contending otherwise* That is the issue for 
the Court to determine and which I will determine at 
the conclusion of all the evidence* It would please 
me very much if I was so situated I could go right 
on, but it is just utterly impossible to do that,*and 
that is the very best I can do, much as I regret it*

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1 like to try them  cases and get tfe«m behind me, but 
there is just; so ouch that on® judge can 4s and m  mere.
I will set aside the meek of July 10th, which won’t 
delay it hut thirty days, and 1 mill go through with it 
even if me don’t finish it that meek# fStea I mill 
continue into tie week of the l?tfe, which 1® the meek 
that I had adjourned this other case mhere there is a 
motion ti dissolve an injunction mhere an irreparable 
injury is being dene because of the delay® But those 
inseparable injuries can’t all be disposed of at on© 
tine# The Court just oust hear the®, and that is what 
I an trying to do, because X just set aside all ay 
other court* hesriag these emergency matters# 1 haves5't 
triad « civil case la six or eight weeks except the one 
case P a  in. the middle of at this time*
BX MRS* MOTLEYS I’d like to call attention of four j 
honor to the base of lamkins against the Board of Control 
of Florida in which the Fifth Circuit ruled under Sale
65 on a motion for preliminary injunction the court is 
to give a hearing* A# X understand, that means me are 
to present evidence, documentary evidence or oral testi­
mony to reach & determination ©f that matter* As lour 
foa&r recalls, the judge in that case 'would set hear us 
os a preliminary injunction, said be mould not hear 
•anything until the trial. We appealed to the Fifth 
Circuit and they said under the Rule me are entitled to 
a hearing ea tie motion for & preliminary injunction.

0



1 1 0

‘We are in fete® midst of that hearing, and we think 
we are entitled to a hearing on tills .notion today, 
a conclusion of the hearing, and a ruling by the , 
Court o r  that motion.
BX THE COURT: If we could conclude it today, 1 would.
Iff MRS* MOTBEXi May I make a suggestion? The Rules 
proride that the defendants can offer this deposition, 
in. evidence under Rule 26b* How, it seems to me if 
they are interested in expediting this trial that they 
offer the deposition in evidence. Our objections are 
already in there, and the Court can rule on those, 
and they don’t have to go through this and ask M m  
again all over everything already in here. The Stale 
provides they can put this in evidence now and we can 
make our objections to it and the Court can rule on it, 
and we would save two hours, at least three hoars, of 
going over the same things they went over the other 
day,
BX THE COURT: That would have been the procedure had
you not placed him on the stand* As I say, I thought 
that would be the procedure; I hadn’t even gone to the 
extent of inquiring. I thought the matter would be 
presented on affidavits and the deposition, but you. 
had the right to choose.the procedure and you chose to 
put ©is oral evidence and have placed him on the stand. 
Mow they are entitled to cross examine him about it; 
so we are losing time now, and. I’ll just have to Fill#

t
And my ruling now is that I am going to let M m proceed



Ill

with the cross examination of this witness, and then I 
will per ad t you to give m  a copy of your brief; and 
if you desire to raise written objections to the depo­
sition, you may do so, but if you are willing to s ubmit 
it upon the statement that you have made that the type 
of questions fc© which you are objecting is what eeaaec- 
tion, if any, the IMCl has with it, and the motive, 
then I will take that deposition and read it and endea­
vor to give you a ruling upon the objections within ten 
days or two weeks —  if I possibly ean reach it, and 1 
think I can because 1 will give this a priority, 
although 1 promised another fellow a priority on a 
motion he had that I have had under advisement for 
tome thirty days. So 1 will study this cat® and give 
you. a ruling upon that* I haven’t heard from Mr*
Steads yet, feat I am going to be pretty adamant in it, 
that 1 am going to require the complaint to be answered, 
and then complete this hearing upon the application for 
a preliminary injunction in the case*
Mow, Mr. Shande?

BX MIL SMiDSs May X ask this, for clarification? Hie
summons ia this upon the defendants —  X think there
are about seventeen defendants* -- Bio suit was filed.
ob May 31st; the process —  the marshal’s return will
show this better than anything els® —  but the process

2
was served variously within the period of time, I '• 
believe, from about the day after the complaint was



112

filed through and cinelading last Thursday, which 1 
think ms the last date of service, which was the 8th. 
Mow, the defendants in this case are, according to the 
statement of counsel for plaintiff, the Defendant Board 
of Trustees of Institutions of Higher Learning; next, 
all members of that Board are sued as defendants in their 
official capacity; the additional defendant® in this 
cast are Chancellor Williams, Mr* Ellis, and Dr* Jobe 
and Mr® Lewis. How, the twenty days —  if it is com­
puted like that, we will have some answers due one day 
and other answers due other days* Does the twenty days 
run fro® the date of the last service of summons, 
which was, I believe, my beet information, June 8th, or 
does it run from the date, of all defendants, from the 
first service of process?
BI THE: COURTS 1 will permit it to ran from fell© date 
tli© last, defendant was served. If that be June 8th, 
then excluding the day of the service and counting the 
days required for the answer, that would give you until 
the 28th of June when the answer of all defendants 
would be due#
BI MR. SHANDS% On or about that time.
BI THE COURT? On or about that time, and that would be 
before the case would be resumed for hearing.
BI ME* SBfUfDSs How, if there be any preliminary .motion 
that one or sore of the defendants would care to mal̂ e, 
m&t they be filed within any period of time from the

t

day before the filing of the answer, or should they be



1.13
filed with and as a. part of the answer?
BY THE COURTS They could be filed as a part of the 
answer, or, if it’s preliminary end filed for the 
purpose of reserving points, then'I think they ought to 
be filed by the 22nd. of June bo that X would have an 
opportunity to study those preliminary motional but even 
if any preliminary motions are filed, X want the answer 
filed of all the defendants by the 26th of June, because 
you nan file separate motions or you can include your 
motions in your answer without waiving your motions by 
answering* I think it very important that the issues 
be framed.
BI MR. SHANDS; Now, as to the deposition, it is our 
disposition to expedite matters in every manner that we 
can, provided it does not sacrifice or waive any right 
or privilege of the defendants# If this deposition 
could be introduced, I understand, it would be subject 
to your exceptions?
BI MRS, MOTLEY;; Yes.
BI MR. 3HANDS* Mow —  and this could save some time —  
if upon the consideration by the Court of those objec­
tions and if part of this deposition is strikes out 
and the defendants are left without any part ©r portion 
of this deposition, then, if the defendants would have 
the right and the privilege to re-examine or further 
examine this plaintiff m  to the matters that the Court 

strike from this deposition —  if we could have 
that privilege, then we would propose to introduce this



114
deposition today and save a great deal of time,
BT TffS COURTS Well the day is almost gout, so X 
believe I will let you proceed to cross-examine*
BT MR* SBAUDS: B«g pardon?
Bf THE COURT: X believe X will let you proceed to
cross-examine, and, having the opportunity to come back 
tad; cross examine Mia again about things that night be 
ruled out, 1 will let you proceed with the cross’* 
examination this afternoon*

BT MR, SBAUDS: I want to file this. X can’t introduce
it at this stage* This is the plaintiff’s proof*
BT THE COURT: And you want to file .it with the clerk?
Bi MR* SHANDS: I want to file it with the dark*
BI THE COURT: But you are not introducing it at this
time *

stand the ruling of the Court, X have no reservation as 
to the deposition ana 1 must cross examine aa I see fit, 
irrespective of the deposition*

BT THE COURT: Xes, I believe I will let you proceed
this time, and. between now and July 10th if you can

A&S£j£££a&
CROSS EXAMTRA TIG!
BY MR. SHAMB3 CGKTIHUED



115

make stipulations, it might shorten it* I will come to 
that later*

Q. Your counsel took you through your childhood through your 
discharge from your second hitch* You went to Florida, 
and she brought cut there that you attended Gibbs High 
School. Your father at that time was living in Attalla 
County, Kosciusko. Whom did you live with down there?

A. My father’s brothers*
Q. lour father*s brothers. Did you pay anything to go to schocf 

down there as a non-resident?
A. I didn*t myself, and 1 don’t know if they did*
Q. And you don’t know whether they did or not?
A. Mo, sir.
Q. Do you know, James, whether or not tinder- the Florida law 

at that time a non-resident had to pay a fee, one way 
or the other?

A* Mo, sir, I do not know*
Q. And did you buy a driver’s license in Detroit, Michigan?
A. Tea, sir, 1 have had a Michigan driver*s license* X don’t 

remember exactly*
Q* And when you get a Michigan driver’s license, you have to

state jotft*e a resident of Michigan, do you not? j
A* Ho, sir, not as X know of.
Q» Do they have non-resident drivers’ licenses in Michigan?
A* Well, X don’t know. Sir. X have had licenses in several



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states -- Mississippi, Florida, Michigan, and other 
states• 1 never knew about tlu|t, never checked into it.

Q, Wien did you get a driver’s license — ~ Strike that.
Do you remember wb(t year it was you got your first 
driver’s license in Michigan?

A. Mo, sir, I do not*
Q, Let’s start at the back end then. The latest time# Do you 

remember when was the last driver’s license you got 
in Michigan?

» A* So. sir# X would have to check that# 1 don’t know exactly # *
where X had driver’s licenses when I went overseas. I 
believe it might have been a Michigan driver’s license, 
but I’m not positive.

Q. A Michigan driver’s license?
A. I say it might have been, hut I’m not positive.
Q, Ion don’t happen to still have that?
A* Hot on my person* I might have it in some of my records*

X don’t have it with me* 
o Q* Have you ever gotten a driver’s license in Mississippi?
A. I©sSi sir.
Q. When did you get it?
A. Well, the first time in 1946, I believe it was.
Q* I want you to be certain about this* I’m not rushing you#
A. Well, at the earliest age you could buy a license. I belie 

it was —  X was fifteen at that time, That’s when X se­
cured it, and I believe it was 1946# X know it wasn’t

............................. . __ _  116

later than 1949



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Q. Have 3r®« gotten a 4river’3 license in Mississippi lately? 
A. Tes, sir, upon ay return fro®, overseas•
Q, Tour return from overseas?
A# Well, since I came back fro® overseas; la July*
Q* How many have you recently gotten in Mississippi?
A* The one that I received has not expired yet* I believe

it’s September. 1 fesliav® that’s the date my license 
expires. 1 bought a one year license.

Q. Tou bought a om year license and it will expire in 
September of this year?

A* It expires.
Q* All right. 9/30/6O would be Ho, strike that*

What county did you say you were a resident of in 
getting that license?

Q* X know., but you have to tell them what county you live in. 
A. Well, Route 2, Box: 16, Kosciusko, Mississippi®
Q* Sow, the date of that license is what?
A. It is post-stamped Septeafcer 1st.
Q« S e p t e m b e r  1st of i960?
A* It was post-stamped b a r ® ,  Jackson, Mississippi« There’s 

a postal date September 1, I960*
Q* All right. And you. gave your residence as At tails Ocunty?

, A. Would you want as to check that date?
f
t |« I wish you would®
(5

S A* 9th month, 30th day, *61#K
I Q. 9/30/61?



A, Yes, sir,

Q« How then, September 1, I960, was after February 2, I960, 
wasn’t it?

A. Tes, air®
Q* All right# Now, when you went to Wayne College, did you 

not give your address as Detroit, Michigan?
A, Tea, sir*
Q* Ton gave it as 31-aomething, didn’t you?
A» 31-something? 1 don*t remember ever living at an address 

like- that.
Q» You gave it as 2305 Pasadena Street, Detroit, Michigan?
A. Well, that’s possibly right, because I have two sistersj 

one lives at 2303 and the other lives at 2305,
Q* New, you didn’t give Attalla County as your permanent 

address, did you? And this was 19—  what?
A, *55 you were speaking of# I didn’t understand the question#
Q» *55 when you went to Wayne?
A» Possibly not* As my residence?
Q. Yes*
A* No, sir®
Q« James, in your complaint fears I am going to ask yon if this 

is your signature* (Bands to witness)
Is that your signature? X*» handing you the last page 
of your complaint* The top of the page is entitled 

wVerification*ttls that your signature?
A* Yes, sir*
Q« lead that affidavit* Can you read that affidavit?



Toy. want me to raad it out?
Tea.
Oh, Vm sorry» (Reads!) «Vertfication, State of

Mississippi* County of Hinds* James Howard Meredith 
being duly sworn, disposed and said that he resides 
at 1129 Maple Street, Apartment 5-D, Jackson, 
Mississippi; that he is the plaintiff herein? that he 
has read the foregoing complaint arid knows the contents 
thereof, and that the sane are'true to the best of his 
knowledge and belief except as to the natters therein 
stated to be alleged on information and belief, and 
as to those natters he believes them to be true**
X don’t remember the question*

1 asked you if that was year signature Had did you read 
this affidavit before you signed this*

Mj counsel gave me the affidavit* Tea, X read the affi­
davit*

Did you read it? And you read your complaint?
Tes, sir*
Before you signed that?
I@s, sir*
Sow, James, 'where was this complaint signed by you?
It was the borne of the notary public, as far as I know.

I was carried there by my counsel*
And who was present?
Myself| the notary public? and the two counsel, Mrs* t 

Motley and Attorney Brown*



1 2 0

q, low, 1 believe you beatified on your deposition that the 
MMCP is paying —  promised they would, pay all the 
expenses of this lawsuit. Is that true?

Bf MSS# MOTLEYS We object on the ground it is not 
material or relevant to the issues of this case*
BY THE COURTS At this time I will overrule the objec­
tion, with the right to you to renew it.

i Q. Have they promised you they will pay all expense® in con- I
£ n@cti.on that m&j be incurred by you in this lawsuit?
nIL

1 A, In tfe® lawsuit. You mean as far as attorney fees and so
£ forth?0
* Q. Attorney fees, costs, everything like that.
5 A, Well, Ifn paying my own expenses, personal expenses, but
i
l m  far as —  I*m not paying an? attorney.0
< Q* You are not paying what?K
1 A. Any attorney, any lawyer.S)

mailto:n@cti.on


Q. Have you paid any money for your own personal expenses?
A. Tes, sir* I have paid all the money for all »y personal 

expenses *

Q« All your personal expenses* This complaint was drawn prior 
to the time you received your letter of rejection of 
your application, was it not?

A* I don’t know thata
Q» Didn’t you draw the line through this part of this corn* 

plaint on Page 8?
A* No, sir, I only initialed it.
Q. You only initialed it. And. that line as it existed origi­

nally written was as follows, was it not?
’’As of the time of the filing of this complaint, the 
registrar has not replied.'”

A* Yes*
Q. Did 1 correctly read it?
A. Tes, sir#
Q» And you initialed that ’’J.H.M.*?
A. Right, Sir.
Q. Mow, James, do you swear that everything contained in this 

complaint is true or do you swear that just some of 
if is true? I show you out of fairness your affidavit*

A. To the best of my knowledge. I didn’t prepare this. It
was the attorneys. To the best of my knowledge, every­
thing in there is correct.

Q* Now, on your deposition you testified that Jackson College 
is a sub-standard institution, did you not?

L
A* Yes, sir,



q. In. your complaint here you have said that Jackson College is

fully accredited, haven’t you?

BY .4RS. MOTLEY: The complaint doesn’t say that, Your
Honor. Where does the complaint say that?
BY ME, SHANDS: I think counsel is right about that. It,
is in the brief,
BY HRS* MOTLEY: What is in the brief?
BY! MR, SHANDS: I withdraw the question. I thought it

1 was here,►Iiij3
,'Q. You have never contended that and would not contend that fI

Jackson College is fully accredited, would you?
jjA. No, sir,0 *D
sQ* Dp I correctly understand you, James, in saying that you
i

0 believe some of the college institutions — « Strike that. 
<
| Do you know whether or not any of the institutions you
1 attended while you were in the Army are accredited or a

not a cere dited?
A* As common knowledge,yes, sir*
M Do you know whether any of them are members of a regional 

accrediting association? Do you have that knowledge?
As general knowledge, yes, sir. I know all of those schools 

are some of the top schools in the country. I know that. 
^ 1 didn’t ask you that. I asked if you knew they were members 

of an accrediting association. *



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A# Tea, air* Ifvs sees, than*
Q. Ton have seen. — ?
A® Where they were acerf«li.t®«i*
Q. I didfift ask that* I said *®e*feers of aa accredited iaatl 

tution.*
A* Ye®*
Q* Accredited organization*
A* Ye®, sir®
Q« You have eean that. All right. ' low, Jams, do you really, 

seriously, charge that you have beta kept out ef the 
University solely because of your race and color!

A. Would you repeat that, ple&set
Q» Do lyou here charge to this Court »**
A* Charge?
Q, Charge,.
k* I* in sorry*
Q* —  to this Coart that you have bees kept out ef the Univex 

sity because of race or color?
A« Yea, sir,
Q* All right* Tell me what you base that on, and keep in

Mind you*re .under oath. What fact do you know/ Mot 
opinion and conclusion* What fact do you. know?

BY MBS, MOTLEY: May it -pleas® the Court, row the
whole case is on that. I don*t understand this kino, 
of question. Ho i® asking to summarize all the eviden 
in the case by that question* W® have already put or

____________________________________________ ____________123__........



testimony* This is the issue is the case*
BX THE COURTS Well, he is entitled to cross-examine 
'him about it* however, so X will overrule the objec­
tion* j
BX MS3« MOTLETs He is asking for M s  legal opinion, as j 
far a# I can see, the evidence he has to provd that he j

i
'has been denied because of race* I
BX M S  COOETs No, fee is asking — [
BX MSS* MGTLBXj —  The witness can*t testify as to what[ 
the evidence shows he has been denied, because he is 
not a lawyer*
BX TUB COURT j Well, if he has knowledge of any facts 
he can testify to them; if not, he can so say* Xt is 
a question calling for an answer as to * fact, so X

|
will overrule the objection* ii
BY MRS-* MOfLETj lee, sir*

I

What fact do you know of your knowledge that you base your 
charge on against the defendants in this case that 
they have kept yea out because of race or color?

Because the answer that the registrar sent me stating that 
X had been —  that my application had been denied 
because X was attending * non-accredited school and

j
because I did not submit -recommendations from alumni 
from tha University of Mississippi* did not ®e@e t© me i 
reasonable, logical enough reason, for ground for pot



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admitting »©, plus education and other reasons, and 
basing on historical facts- the only other reason that I ; 
could figure or determine mas because it m s  the fact
that this is the policy, had been the policy ~~

j

B1 Mfts. SHAHD8: he object to that, as to what the policy i
is* That is not responsive* We asked him for facts*
BT ms* IOTLEIJ H# is —
SI Till COURT* Overrule the objections overrule the 
notion to exclude*

Q* 1 want facts*
A* X said based or historical facts, to the bast ©f say under* 

standing that is historical facts.
Q* Wait a Minute* Best of your understanding?
A. Ieu are asking me a very difficult question because the only , 

way 1 can answer it is on the basis of what X know* Tou 
asked what I knew*

° Q* Ton know. And X want you to restrict it to that*
A* And this is what X know* That is the answer*
Q» Ton have given me the complete, total -answer that you base 

your assertion on* All right*
James, you testified on the deposition about your 
so-callod letters of recommendation* Ton wrote mm® 
letters, five letters, of recommendation m  to your good 
moral character, dated in January of 1961, did you not?

A. Would you repeat that question, pleas®?

____________________________________ ____________ 125,____



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Q* Ton attached fc© your application a letter fro® X# L. 1 mmn* 
A. «S.«
Q. Of Kosciusko, dated January 29, 1961,_ did you not?
A* X still didn’t understand your question, Mr# Shands.
Q» Torn typed that decuisent yourself?
A# Tesf sir#
Q. I«, that contains a© recommendation for admission to the 

Univarsity.
A# Bight#
Q* neither does the one signed, purporting to fee signed, bp 

L. L* Keaton on January 29, 1961*
A. light, Sir.
Q. neither does —

IT .113* MGTLSTs May it please the Court, these doom- 
■onts that he is new showing M s  art not in evidence.
BX ME® SHAKOS. That is true.
BT MRS. nm,Eli Hew can you examine hi® os sonething 
which is not in evidence?
BX MR. SHAKOS: Because this Homing it was recognised
that there were earlier letters which were to be intro­
duced.
BX MRS. MOTLET: Earlier letters to be introduced?
Those letters are not in evidence, and 1 don’t under­
stand that he can examine a man on documents not in 
evidence, and we haven’t seen then. *

— ----------------------------------------------------------------------------------------------------------------------------------- ----------------------- .1 2 6 ..__________



II Tf® COURT: 3hmvt thm to counsel*
(Counsel liaiwtg m m  t© counsel opposite*}
BY MBS, n m & I t  1* object to these.

Janes, the paper that p i  wrote the letters erf rtcoMtiMati© 
that are in evidence, you got that, according to the 
deposition, fr@K ikt, place? That is Army issue, 
ian*t itl

What pap*** e**« you talking about?

BY Mas* MOTLEY'S Your Honor, there is a© testiasoay in 
the record a-s to what paper he has* I® hasn't testi­
fied that that is Army issue*
B I MR* SHAMBSs I * U  &sk him where it is f r o m  

BY THE COURTS I f  that is am objection, 1*11 overrule 
the objection* Be is entitled to mk about it* is- X 
understand, he is asking about the letters you Intro* 
due ad .this noruing, Exhibits 13, 14, 15, 16, and 1?#
BI MBS* MOTLEY: Jyad there was me thing on exaisiaatioa 
ms to whore the paper was from# I® can't g® m  cross- 
examination ©a something w M  sit wasn't brought out on 
direct examination*
BIT Tlffi COIIBTs Ur trial he cam* This is Rot taking & 
deposition* You're on a trial now1for application 
for temporary injunction, and you put M a  on a® a 
witness* He can cross-exaisiae about anything relevant 
to the case*



- 125. _________

ST MIS* MDTLET: fes, but fee has ho erass-exaBise M ®  on
which tea hem brought out on direct testimony, 

BI THE COURT; Mo, not oa trial of the case* When y«o 
put a witness on the witmm stand and &®k M b just one 
question, then opposing count el can. cross-examlae him 
about anything that is relevant to the cate*
B! MBS* M0TU5T* Then me object oa the ground it is sot 
relevant to this cate what type ©f paper the letter was 
typed ous not relevant to the question of whether Is© 
was excluded because of M s  race*
BI Til COURT; Overrule the objection* I will state to 
you, the Rules of Civil Procedure provide that evidence 
stall be received under two rules: one is where made
admissible under civil rules ©f federal law; another 
is if it is admissible under state law, and the Court 
shall follow that rule most favorable to the introduc­
tion of testimony* Well, I think the federal rule is 
the same in this, but I know the rule in Mississippi 
is that when you put a witness on the witness stand, 
lit is put on for all purposes and may he cross-examined 
about anything relevant to the issue. Sc* under that 
rule of civil procedure, I will overrule the objection*

|I
James, I show you Plaintiff’s Exhibit 9* Where did you get j  

the paper that was written oa?
I’m net sura* Ifthis paper is military sise paper, it ,could 

be military paper*



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Qi(» Well, in fact, ye*® know it is military paperf 
A. If' It's military siae paper*
Q* It ismilitary impsrf 
A® Tea, sir*

Q® And when yea got oat of the service, you brought some p&p«r 
with you just like that, didaft youf 

A* tea, sir, a. little.
Q* Sid 3T®u buy it frost the government?
A. ho, ®ir«

Q» Xoa knew it wm gmr^mmmt property?
A, Xes, sir> it m s  government —  the government discarded 

this paper.
Q* Whatt
A* Tli@ government or its people had discarded tMi paper.|
Q* Discarded it?
A® Xes, thrown it out, to he thrown away#
Q* Oh, they did?
A® Tea, sir#

d Q. Ten, didn't mention that the other day, did youf 
A* I didn't mention that the other day, I don't believe.

I did mention, however, that this was Military paper.
Q. All right. low. Plaintiff's tscMMtf? 14, 17 and 15 and 16 

and 13 and 22, 23 sad 25, and 12, 1, 3, 6 and 10 
art all written on the same sise paper. that you feavt 
just mentioned*

A® Tea, it could be so* I haven't measured it. 1 agree to 
that *

Q. Why didn't you mention about its being discarded the other
L



day on Thursday in jomc deposition? 1 asked, you if 
yon bought it, and you said no*

I did mention that 1 had got it during wy time in the 
service* 1 mentioned that*

?hat*s right, but you dldsft say then it had been discarded, 
did font

No, sir* A lot of things I probably dida*t say.
You mean, and you say to this Court here that this paper —  

there*® original sheets and this copy paper «*- was 
discarded by the government? Thrown away?

Yes, sir*
Where was it thrown away?
Tachikawa Air force Base, Japan*
You mean to charge the government with throwing away !

perfectly good paper?
lesjj sir*
You do do that?
las, sir®
Where in the world did they throw it and where did fern get J 

it?
We were assigned to the Weapons Division in the Supply 

Section* It mm disbanded, or as operations ware 
ceased, we all were transferred, all equipment was 
turned in, all office supplies that were office supplies 
that war® expendable of the military, and they art 
purchased on a special set-up, and when they return the 
material, my boss, the N«C*0* I was working for, he



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131

Q.
1*

Q.
A#

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was responsible for t M i t he only returned the material 
that m s  in solid form, and this material her® I 
specifically call these carbon sheets had been col­
lected in the office, —  1 ** a clerk, do all clerk- 
typist —  in the.desks of the clerks, and they threw 
it away, along with other things such as pencils that 
had been sharpened*

Did yon go out and collect up some pencils?
Tea, sir,. I got same of those too*
And you collected up all that paper?
It wasn»t much, just a. little brown folder* I remember I 

put it in a little brown folder out ©f the trash dis­
posal and carried it home with me®

How long had it bean in the trash disposal when you went 
out and picked it up?

They were throwing it away®
Q* What?

■ A® They had the workers there cleaning it up.0
Q* What were you doing that you had time to go around and 

pick up thrown away paper?
A* It .'didn’t take much time*
Q. Did they know they were throwing away good paper?
A. T@isp sir*
Q. Tou knew it was good paper, didn’t you?
A* Tes# sir#
Q. Why didn’t you return it to the government and say, *H@re, 

herefs some good paper that yousll are throwing away*®?



I did that on occasions before, but this was just a mi,nor 
matter* This was just a little bxt involved• They were 
cleaning up, they were leaving, and; so I kept a lot of 
things» Even out of that same bunch X remember X got an 
ola stamp, rubber stamp, that they had discarded some 
long time ago, and X got that too.

BX TEE COURT? Very well, Gentlemen? Xtfs 4*30, so 
X believe at this time 1 will recess this case until 
10s00 A.M., July 10th, under the statement that X 'have 
already made. We will proceed to finish it; that weak 
or go ahead with the completion—
BX MR* SHANDS; -- Beg pardon?
BX THE COURT; It is now 4*30 and X am going to recess 
this case until July 10th at ten o'clock, and it will 
be resumed here in Biloxi, so far as I know now*
If X should find out it is necessary to change the place 
of hearing, X will advise you in ample time for you to

i
make your reservations. Now, Mrs* Motley, if you will, 
leave me the brief that you have* lou can just leave 
it with the clerk, i f  yon desire* And Mr, Shands, X 
would like to have a brief from you or, at least, some I 
authorities upon the question of motive and what con­
nection or relevancy, if any, the fact the NAACP may be 
connected with it, as to whether or not that is compe­
tent » .
BI MR* SHANDS* Im, sir.



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BY THE COURT? And, of coarse, serve opposing counsel 
with copy of year brief, and, Mrs, Motley, yon ha 
aay give to Mr* Stands or mail to M m  a .copy of the one
yon leave with the clerk,
U  MBS# MOTLEY: I have already left M m  a copy, md I
will give this now to the Court«
BY MS#- ■ 3M?©Ss Within what period of fine?
IT KBS. MOTLEY: That is a brief and order from another
case on the very sama points, involving the same 
questions•
BY M L  SHAWLS: Within what period of tin® should we file 
our briefs, lour Honor?
BY THE COURT: Within the next tea. or fifteen days*
You needn't file a. brief if you will just write a. 
letter of authorities, with any comments yen desire to 
laake, and serve opposing counsel with a copy of the 
letter* You needn't go to the- tremble of filing a formal 
brief, but the authorities are what 1 *® interested in®
BY MRS* .ifDYLfiY: 1 assume is is not necessary for us to 
take exceptions but, Just in case, I want the record 
to shoe we object to & discontinuance of the hearing oa 
& motion for preliminary injunction* We think m  are
entitled to a hearing oa that motion and to a determina­
tion of that motion, and we object on this record to 
■ discontinuance of the hearing*
BY THE COURT: Very well. Let the excaptions be noted &i
the Court adheres to its ruling heretofore stated.

(Whereupon the hearing was recessed until July 10, 1961,}



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IS THE UNITED STATES DISTRICT COURT FOR THE SOU THERM DISTRICT 
Of MISSISSIPPI, JACKSON DIVISION

COURT REPORTER*g CERTIFICATE

I, D* Bo JORDAN, Official Court Reporter for the 
Southern District of Mississippi, do hereby certify that the 
foregoing pages constitute a true sad correct transcript of 
the testimony and proceedings had upon the hearing on Motion 
for Temporary Restraining Order and Preliminary Injunction in 
the above-entitled cause on the 12th day of June, 1961, before 
the Honorable Sidney C. Mize, United'States District Judge, 
Southern District, at Biloxi, Mississippi*

* WITNESS MI SIGMATURK, this the 30th day of June, 1961.

JAMES HOWARD MEREDITH Plaintiff
Vs \No« 3130)
CHARLES DICKSON FAIR, ET AL Defendant

a

BTB.' MRBAS

t e $ * * * *



135

(Thursday, August 10, 1961, 9 0 0  A«M«, th© hearing was resumed 
and the folllwing proceedings had and entered of records)

THE OOUETs I believe when we recessed this case the
j

plaintiff was on the stand on cross-examination* Are 
you ready to proceed?
MR. SHANDSs I as*
MS. MOTLEYr fey it please the court, before we pro­
ceed, we subpoenaed witness.to appear* appear at 
this hearing today, Wefd lik® the witnesses sworn
and sent to the witness room, i
THE COURT: Very well, let all witnesses come around#
(Whereupon ail witnesses were duly sworn and sent to 
the witness room)
MRS. MOTLEY: We also subpoenaed the minutes of the
board and the records of certain students* 1 want 
to know whether the records and the minutes have been 
produced, I
MR, SHAMDSi Mr, Sill a has with, him under subpoena 
the files which counsel selected, from the group that 
they have bean furnished and which they have inspected 
here in court. Does that .cover it?
MS. MOTLEY: Yes, that is right. And th® minutes?
MR. SHANDS: .. As to the minutes, Dr, Jobe is here.
We have some objections and.want the court to hear 
from us as to the breadth and scop© of that so-called 
subpoena duces tecum that he is under« I .may say that



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I)xi.j Jooe Is hers, and.,, of course, under process of 
this court» tula would nos at this moment car a to stake 
a.r. aimouncenent about the airaites because we have

objections to the breadth and scope of that sub­
poena* I wonder if we want to go into that now?
'ifo OwlIRTi I believe not at tills time® I think 1 
will let you proceed with the cross-examination of 
this plaintiff and after that is finished I will take 
up your objections to the subpoena duces tecum, any 
you have*

JAMES H* MbblhlTBj having previously been sworn, re­
sumes the stand for cross-examination:

CROSS EXAMlHATIOIi 
BY MR*. SHARDS; (continuing)
Q«

% *

Q*

k,

James, you have been on the stand, 1 believe*on two 
occasions, one when your deposition was taken in 
Meridian, and. also at the commencement of this hear­
ing in Biloxi, Mississippi, is that right?

That*s righti Sir.
Have you read and examined the deposition that you gave 

in, this cause at Meridian?
Yes, Sir*
In fact you examined it to the point where you found no 

objections to take to it, is that, correct?
That * a right, Si r *



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| Q* So you recall your testimony in that?
I A* lea, Sir*
j Q* You also have read the transcript of testimony taken at 
S Biloxi to the point of recess, have you not?

A* 1 have seen it* 1 haven’t read it in its entirety*
You haven*t read it in its entirety. To freshen your rec­

ollection, I want to be perfectly clear as to where 
on January 3-1 ? 1961, you claimed and now claim is

. your city and county of residence and domicile*
8
* A. I don’t understand that question*
Q* I want to know that as of January 31* 1961#
A* Mj permanent county is Attala* 1 am presently attending

Jackson State- College and 1. am living in Jackson} which 
is Hinds County, at this time, and-T was at that tin®*

Q* Come again, James*
THf CCIiAT; let me interrupt to say that if you 
prefer to sit down I will waive the rule and you 
can sit at any time you may desire, or stand, just 
as yon pleas©* X am taking notice of the fact that 
the case was postponed once because of your illness 
and if you prefer to sit down 1 will permit you to do 
so*

MR. SHARDS: Thank you* and I may indulge in that pri­
vilege if I feel it is necessary* I appreciate the
kindness *

Q. Come again, 'araes. I want to know where on January 31* 1961 
your residence wa&*

________ ______ ______ __ _ _ __________ _ _ __________________________________137________



MS, MOTILE!i 1 object to that* The witness M s  just 
answered that question*
THE COURT? Overrule the objection*

Q* ’ Come again* Where was it?
A* X don * t under stand the question* Are you saying where X 

was staying?
Q* 1 want to know where your place of permanent residence was I 

on January 3 15 1961, which appears to me to be a quite I 
clear question*

| A. Attala County at Kosciusko* Mississippi*
I Q. Why was it that on February 2, 1961, you said in an appli- !
§ k i
• cation to register as a voter in Hinds County, Miss­

issippi, that you Lad been a resident of Hinds County,
| Mississippi, since September \2t I960?
Ii MRS* MOTLEY; May it ©lease the court, Mr® Stands ex-
s
l aained this witness as to that when we were in Biloxi* |
i . " |
a The witness had a certificate which he took out of his
I„■ pocket, which is not in evidence, which Mr. Shaads asked

him about® &e said, ndida*t you swear you were a resi­
dent of Hinds County*? The document was not examined j
. Iby us, as you may recall. .We probably should have in- i 
slated on examining the document before Mr, Stands 
proceeded, and X confess we should have done that*
But it seems to me that since on this.hearing for pre-

j
limitary Injunction all these strict rules of proced- | 
ure are being applied that Mr. Shands ought to put that I 
document in evidence and have it marked so we can know 
what certificate he is talking about*



ME* SHAffDS: My response to that is that 3 assume that
this man knew the contents of what he swore to; secondly
h.€ acknawledged hast* hs did swear to it* j thirdly, he 
has impressed me with being able to remember upon his 
deposition his soa..,al securi sy number , which I thick 
shows rather a. good memory*
MJ. MOTLEY; The witness a,r-U.f'i.eu that he didn’t 
® *** t.ow on t..:ero i.ntii at to.oi moment when Mr* Shards 
showed it to Mat, and I insist that if he is going to 
examine him as to this certificate that the certificate 
be marked and identified*
THE COurtT? Well, 1 will permit you to have that done 

later, but wusn he nos tae witness on cross*examination 
.first he is entitled to cross*examine about things 
testing his memory of wfcat transpired and his knowledge,* 
MAS* MOTLEY: I want so point out that It is not in
evidence* He hasn’t marked it* The plaintiff has the 
document about which he is now oxaasining him and we 
would like it marked for identification. The plaintiff 
h&a it, |

‘Rui COURT: Oh, the plaintiff has it in his posses­
sion?
MRS* MOTLEY? That's right,
THE COURT: Veyy wall, 1*11 let her have it Identi** j
fied since the plaintiff himself has the certificate,
so she states* *

i
MR* SBAiiDS: May J see what you have? ,
MRS* MOTLEY: Yes, that is what you examined him on.



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Q.

THE OQEFRT: It is not being received in evidence at
this time *
MtS* MOTLEY:. No, but marked for identification*
I#.. SHAKOS; For the information of counsel and court, 
that is not what I am talking about at all®
MRS. MG TLB!; That is the document that he asked him on 
the last dealing whether he swore on that document that 

he was a resident of Hinds County* Now, 
after the examination I read it end it doeen tt say 
that* But Mr. Shard;: ert Zixc examination said* ’’didn’t 
you awear by that paper that you were a resident of 
Hinds County?*, and I want the court to see the docu­
ment to see that it deesnCt say that# Mr. Stands 
looked at it and said to him, *!i.dn,t you swear on this* 
and the witness said, f,yesn, and the document does not 
say that#
ME. SKAKDS; For counsel’s information, what 1 am 
talking about 1 think this witness well knows.

James, when you applied to register in Hinds County you were 
given an application, were you. not, to fill out and
answer questions on?

A, I don’t particularly remember, but I assume so*
Q. You were given that* You. know that every person, that regi­

sters in Mississippi has to fill out one of those?
A* les, Six•
Q. That’s right. You attended the voting schools and yob. know 

that to be true? 1

A. I did not attend the voting schools#



H I

All right, jdut you know it to be true! so we are not asking1
him about, something he - is not acquainted with*

j
Now, James, on that document didn’t you state under oath! 
that on September 12, I960, that this oath was made in, j 
Hinds County on February 2, 1961, didn’t you state that I 
since September 12, I960, you had been a resident of
Hinds County, Mississippi? r
MRS* MOTLEY; Kay it please the court, we think,that the 
document about; which is examining this witness should 
be here and the witness should have an opportunity to 
look at the document about which he is being examined, 
which he claims that he signed back in February 1961*
Now if he wanted to examine the witness about that lie 
should have brought that document into court and he |
could gat 'that dc-srasent by -subpoenaing the clerk to
bring it so the witness will know what he is talking
about* This m n  is not-a. lawyer and. he, doesn’t know
these registration forms nor what is or there* He can’tj

|

remember what he signed back in February, The docu­
ment should be presented, to him and he should be asked 
“did you sign this?*,
T M  COURTS 1 will overrule the objection for the 
reason I just stated, that if he can, o r  does not, or 
may not remember, that is for the witness to answer , 
and it- is a competent question* Of course, if* he 
doesn’t remember, that -answers the question to that 
extent• So overrule the objection*



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142

Q.
A.
Q.
A,

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S£

308
E

A,

Q.
A.
Q.

Answer the question, James. Do you remember saying that?
I will tell the story of my registering on February 2nd.
I didn’t ask you to tell a story now.
Well, the answer to that question is no*
What?
No, 1 do not remember*
You do not rembber* Do you have a copy of the complaint 

you filed here?
You mean for this suit?
Yes, for this suit.
1 have seen one*
James, I hand you what appears to be the original complaint 

that you filed in this suit and ask you to look at the 
date of your so-called affirmation to the oath on the 
last page* Whet is the date of that?

A. 31 May, 1961.
Q. All right. Now, anywhere in that complaint do you ever say 

that you were on January 31, 1961, a resident of Hinds 
County, Mississippi?

A. No, sir,
Q. Anywhere in that complaint do you say that your permanent

home, or that your domicile, or that you were a citizen 
of Attala County, Mississippi?

A® Not as I know of# I don’t particularly recall,
Q. And you don’t remember now whether on February 2, 1961,

iwhich was two or three days after you sent an appli­
cation to the University of Mississippi, whether you 
said that you had been a resident of Hinds County Since ;



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143

A*
ft.

I A,
Q*

■September 12, I960?
I did not say so*
You didn’t say 30* James, 1 want you to reconsider that

answer,, because 1 do not want to take advantage of you
in any way, I want you to reconsider it, and after
reconsideration tell me whether you did or did not,
according to your best recollection, make oath on
February 2, 1961 that since September 12, I960, you had
been a resident of Kinds CountyM Mississippi• /

Would you clarify what you mean by residence, please#
know

lour domicile# Do you/what domicile means? You have read
the catalog of 01s Kiss, haven’t you?

A* I don’t know what you mean when you say-— ,. 1 am a student*
I was a student in January 1961, and X am going to sehoc 
in Jackson, Mississippi* I do not live in Attala County 
and drive here every day# I stay ir> Jackson and go to
school here*

James, how far have you gotten along in Jackson College 
out there?

A. You mean the grade?
Q* What is your present standing out there, what grade--fresh* 

man, sophomore, junior, senior, what?
A* Senior#
Q# And you don't know what residence means?
A. Not in the way your are saying it» It has more than one 

meaning, I imagine.
Q* In your complaint you used, it, and I am going to. give you



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144

t,de benefit of tae doubt, that- jour counsel drew that 
complaint. You don’t know what that means?
MRii* MOTLEY; In his complaint he used what?
MH„ dHAKDSi In the complaint ha alleged that he was 
a resident*

A, I did not. i say? have, iJJames/Mc-ridith, being duly sworn, 
says chat- ,]« resiurs*—  not residence-** ̂resides at j 
ij.29 Maple Street r Jackson, Mississippi«ff

Q, James, this i* the y po'nt I am getting to. Any where
in this complaint do you say that you are a resident of j 
Attala County, Mississippi? j
MRS. feu'hLBYs The complaint is in the man’s hands* 
t-hvJ complaint speaks .for itself* Ee hasn’t read that 
complaint this morning and he is asking him questions 
which are completely unnecessary. The document speaks | 
for itself as to that he alleged* j
THE COURT j Well, in order to conserve time, would
you agree that is or isn’t in there?
MRS. MOTLEYs That is notalleged in there, no, that he 
is a. resident of Attala County, in the complaint. He 
has got the complaint in his hand, why is he asking 
that question.

Q* Now, lamesj having gotten to that point, we come now to

Howard

your application which you signed on January 31>. 1961 
In that you stated that your permanent home address
and street number, county and state is Route 2, 
KoscitrSk© , Mississippi, didn’t you?



145 ’

A® What application*
Q« Tour application— —

MRS* MOTLEY; Can ha see the document?
ME* SHANDSi It is exhibited in the complaint®
ME3® MOTLEYi We insist the plaintiff be handed any 
document about which the attorney is examining him, 
four Honor* He is asking him about a document that 
he hasn’t seen since he filed it in January* He has 
to hand him the document so he can answer the question* 
THE COURT: In this particular case, 1 will require
him to show him the document • That is not a. rule of 
law in every instance, but there are occasion where- i
a cross-examiner be testing the memory of the witness 
and it is competent first to examine him about it 
tasting his memory,, bat in this instance I will rule | 
he is entitled to it now* |

Q. Where dc you find your county, your permanent hfeme, is*
A* Route 2, Kosciusko, Mississippi*
Q* Ton didn’t say that it was 4season, Hinds County, Mississ­

ippi?
A* That’s right* I said that my mailing address was Hinds 

County, M  ssiasippi*
Q» We are talking about permanent home now* Now, James, in

this appijcation read there the print under the inquiry 
of ’’Colleges attended** *

A* (reading) COLLEGES ATTKKBED - Name of Institution « UniTer-
4

sity of Kansas, Adult Classes, T opeka, Kansas, 1952- j
_______ 1953, Good Standing; Washburn University, Topeka, Kansas[



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146

1953-1954*. Good Standing} University of Maryland, 
Overseas Program,- Japan, Tachikawa Air Base, Japan, 
November 195# to May i960, Good Standing? Jackson
State College, Jackson, Mississippi, September i960 
to present, Good Standing.w

Q* You enrolled at and attended for a short time Wayne 
University?

A. Thatf s right»
Q. And you did not list that?
A. No, sir*
Q„ How, James, we had coma discussion between you and me

while you were on the witness stand about the organi­
zation known, as M.I,A.S* Do you recall that?

A* Yes, Sir*
Q. In your deposition,
A. Yes, Sir*
Q* In that deposition, which you have read, you have stated 

that you had assisted in the preparation of pamphlets 
which M*X»A.S. published and put out generally among 
the students?

A. Would you repeat the question, please*
Q. You stated that you had participated in the preparation of 

pamphlets which uera put out and circulated among the 
students by M.X.A.S.?

A. Yes, Sir.,
Q. That is true. How, uhab does M. I* A. 3* stand for?
A. I think, it's ^Mississippi Improvement Association of

Students”



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MRS. MOTLEY: Where is that in tbs deposition? i
MR. SKANDS* I think if you start around page 6? i
and look through, about 69* and I am talking about 
specially on page

Q* James, what is the purpose of M.I.A.S.? You worked with 
them In preparing pamphlets. What was that outfit 
trying to do?

A* Well, 1 don*t know for sure, but X thought it was just
as the title s*y8»~*2J»prov8nent* *

Q. How many pamphlets did you help prepare* or is that some­
thing you can’t re-member? X can understand h w  maybe !

j
you wouldn’t remember that. !

A* One or two.
Q. Have you got copies of them?'
A* 1 imagine that I could find copies* 1 don’t hare copies

with me*
Q. That reminds me cf nomjthing, too* During the noon recess

would you, equip yourself5, search for and find, those pa®« 
phlets you helped prepare for M.I.A.S.?

A. If I can.
Q. 1 know, but 1 am asking you if you would make a search for 

them during the noon recess and report or tell me whe­
ther yon couldn’t find them, or if you did find them 
report that you did find them and bring them with you?

A* Yes,. Sir*
Q. You will d,o that * Kow, you, are familiar with the organi­

sation known as N.S.R.O.S* What is that? ,



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kc 1 donrc know„ 1 have seen pamphlets on the campus with that
title on it®
MRS* MOTLEY: May it please the court, we object to this
business about, various campus organizations unless some 
relevancy is shown. He is asking him to search and

j

bring in pamphlets for some organization without showing! 
how the pamphlets are going to be material or relevant, 
to the issues in this case,
THE COURT: The relevancy, and the only revelancy I
can see would be as to the credibility of the witness, 
and it is permissible for that purpose and the only 
purpose for which I think it would be admissible at
this moment* It would be admissible upon that theory

|
and 1 overule the objection. j

I
Qo Did you work in that organisation, N.E.R.O.S.?

___ ________ _____ _ _______ __ __________ 148

A a
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Mo, sir®
James, reflect on theit *

MRS. MOTLEY: I?..i like to
Did. you t ay wha.t that is?

,ow what those initials are,
j

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MR* SHANDSl I asked him.

Q» Whet does R,E. R.O.S. stand fort 
4. 1 don't know.
Q» You don’t know of an organisation knows as "Negro Equal

Rights Organisation of Students”? (pronounced "Nigra" 
by counsel asking question )
MRS, MOTLEY: ''Nigra*, what is that; do you mean Negro?
MR. SHANDS: 1 mean Negro (pronounced "Nigra")



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149

4&T| Well, I object to that, 1 ur Honor# If |
the word is Nisgr© I think it ought to be pronounced |
N a g r c *  1

Mg COOiifi Well, Pronounce it correctly, Mr. 3hands» 
i.f chatfa what it is* «egro, she says, is proper 
pronunciation cf the word, so pronounce it right®

00 you know anything about that organ!sat ion?
1 hays seen material on the campus with those initials on it, 
Tom have read it?
1 don‘t particularly recall reading any* 1 have seen some* 
did you over work in chat organisation?
Ho, sir,
James, recalling the deposition, we talked about a type­

writer that yen wrote soma letters on, do you recall that 
Tea, Sir#
You still have that typewriter, 1 assume?
Mat * s right, Sir.
And you were to equip yourself or secure the serial number 

of that®
That’s right, Sir*
You have it?
Yes, sir*
Bo you have the serial number?
Yes, sir.
And you were to give that to me?
. . .  *Yes, sir*
Would you furnish rm that?
(Witness leaves stand and produces same)



Q. You have that?
Ak This is the sales slip that has all the information on it* 
Q. Fine*,

MR* SBiNDSi ho you have any objection to that? Have 
you seen it?
MRS, MQFjEIs Mo , I haven't* (Same handed to counsel) 

Q. James, you were married when?
A, 15 Decamber 1956,
Q* Where?
A* Gary, Indiana*
Q. lour wife’s name was what before you ware married?
A* Mary Joan Wiggins,
A, Do you recall applying i'cr a marriage license?
A, Yes, sir*
Q. In that marriage license do you recall what address you 

gave as your place of residence and home address?
A. Don’t have any idea. I probably gave my military address* 
Q. Probably did* You didn’t give one address as Detroit or 

Gary, Indiana?
A* I don’t recall that they required it*
Q. You did not give one as Detroit, Michigan?
A* I don't know-. I don’t even know if they required it*
Q. In your application to the University of Mississippi you 

wrote several letters. Do you recall that on May- 9» 
1961, you received a letter from the registrar?

A. I would have tc see the letter to know the date® (same is
handed to witness)



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151

Q« In that letter, the last paragraph,
?f*•«.In view of the forego lag, please advise if you 
dmtre your application to be treated as a pending 
application* .<*
%at was the last osr&graph, wasn't itl You may leek 
at it,

A * That?3 aor-reat *
Q* In response to that you wrote a letter addressed to *&%

Robert B, Ellis, Registrar, University of Mississippi, 
datea May 15, 1961* la the second paragraph of that 
letter you asked, that your application be considered 
as as application fer the summer 1961 ter®, did you 
not, the first, term? '

k* That»s correct•
Q* James, yen have testified that you made oath before the 

registrar of Hinds County, and you produced & little 
certificate you have there, lew I*d like to look at 
that cer til i cate *

ME* SKANDS; Bo yea have any objection# (Showing to coun­
sel opposite)
ME.S-. MOTLEY: No, I don’t,

Q« Now, tills is an affidavit and certificate for poll tax 
exemption, service men and. women, No* 2536, which 
reads :
(Counsel reals same, See Plaintiff,s Exhibit 2$)
MR. SHIBDSs 'ip would a s k  that that be identified dad 
if it is introduced we would substitute a copy if we 
introduce it*



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152

THE COURT: 4s 1 understand it, now you are marking
it for identification, I
Mr * SHANDS: Identification only* j
{Same marked Defendantfs Exhibit 1 for identification)

Q# James, as I recall, you had a driverfs license issued to
you by the State of Mississippi® That is the one you 
are operating under now?

A, That’s right*
|
* Q* When was that license issued to yea?
$ A*. I believe it was September of I960* j

I

Q* Did you fill out m  application for that?
A, Mo, sir* I oorfb remember' that they required it*
Q* low just don’t recall?
A, I went to the Highway Department over here in. Jackson and 

they looked hack and found my record and issued me a 
license, 1 don’t believe that was-***

Q« You had a driver’s license from the Stats of Michigan, too, 
do you not?

A, At one time, but not at that time*
Q* What is the last driver’s license you had indued to you

before you got your Mississippi driver’s license, from j 
what state?

A* Ho state* It was the military forces of Japan.
Q. Military fortes in Japan.* What was the last driver’s

license issued to you by a state prior to the one you 
got from Kisaissippi? j

A* 1 don’t know* It was most likely Indiana* That was the



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last place 1 was stationed*
0* Where?
1 * Indiana*
Q« And in that•driver** license you stated that your permanent

heme or residence, either one, was Kosciusko, Kiss-
isslppi; or did. you girs it as Gary, Indiana, or 
D etroit, Mi eh igan 1

A* I don’t recall* I ail.gat hare put my military address, I 
dealt know*

Q* So you recall whther you pet Attala County, Mississippi,
m  it?

A. On. which license?
Q. Oc the one we are talking about, Indiana*
A* 1 doubt that*
Q. lou doubt it. Where were you Hiring at the time you got 

that 3 icense?
A* Stationed at Bunker Hill Air Force Base, Paru, Indiana, If 

1 .got a license th*r-e, I don’t know-;, .1 was stationed 
before that in Nebraska, 1 believe,

Q. When you want Into the army on your second hitch, I belie?# 
in 1955, October 5% where did yem state was your perma­
nent home address and residence? -

A. Would you repeat that*
Q* When you went into the any, re-enlisted on October 5s 1955, J 

where did yea designate or advise the military authori­
ties, or where was shorn on your record was your #er-
raanent hors© sad re-sidence? *

i



154

4® it was noo, as X recall. *. My pxace of enlis taient was 
detroit, Michigan®

'*•* **’■ dxdi* t ask you about, what-. Where did you give as vour
permanent Loae and residence?

I* X would have to/ s©3 my military rscord® 1 usually give
Mississippi when it 5s sailed for, but at that tine 1 
don1* believe it was called for*

Q» You just dondb recall one way cr the other?
. A, sir1* 1 would *iat# to see the record to know what X
* put on that record*
j Q» If what you put on that record was the truth?5
jf A* Yes, it was the truth*
I Q* Just as a, matter of relevance, ^mes, on your first enlist- 
| iisnt paper where did you. chow was your permanent homej
| or residence? how your first enlistment was in 1951,
j July 28th,
o A* You feava copieg of eiy records® In order for me to determine 
jl that and say 1 would have to see the records*
Q. You donlt remember?
A, I do not remember* And I denft think that there is a cell 

for & permanent residence on the record®
Q® You don't? Well, whatever you put, was it the truth?
A» What 1 put was trite®.
Q* Keeping in mind that yon application to the University of 

Mississippi was signed by you on January 31, 1955,(sic) 
you remember that well enough to recall it without my
showing you? 

A. The application?
i



Q*
A,
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lea, |)
lea, Sir*
Ion reme&ber that, And you wrote so* several letters to !

the ueivereic? to ?% 1X1? s?
Differ exit t isaes ?

f
Tes,
Xes, Sir*
At any time subsequent to January 31st did you ever advise 

the University of Mississippi that your permanent hose 
or residence was Hinds County, Mississippi?

I didst *t understand your question,
(last question read by reporter)

Mo, sir.
Why didn’t you?
Because 1 considered that that had been cleared, up and 1 

considered that the people there had something to do 
with it. The only thing 1 would do was answers to 
important things, and I thought that this was cleared 
up in the application*

Give me that answer again, because you made me think of 
something, -

I thought, that the portion where the residence was required, 
the only pl&caa that -1 maw that it was required, was 
in. the getting of recommendations, and I thought that wan 
all taken care of in the initial application, that 15 {
had. no reason to go into that further* i

In other words, you were making known to the© what you
i



thought was important, irrespective of what they may 
have wantedj is that what you are trying to say?
MRS. MOTLEY: He didn't say that. What question is
he answering. May I have the reporter read the ques­
tion pending? There is no question pending.
MR. SHANBS? Letfs see if there is®
MS* MOTLEY: He didn’t testify that he gave them only
what he wanted.
Mi. SHAND8: Let’s get the full picture. Mr. Reporter,
if you would go back to the question 1 asked him, which
prompted the remark by me that he made me think of

-something*
THE COURT: Over rule the objection.
(the last four questions and answers were read)
THE COURT: I overrule the objection®

What's your answer to that, lames?
Was I just telling them what I wanted them to know? Is 

that the question?
No. j

MR. SHANDS: Read it again, Mr. Reporter*
(the last question was read by reporter}

No. I gave them everything I thought they required, and 
in each letter— not each letter, maybe, but often I 
asked if there was anything further required. And 
whatever they said there was, I gave them*

If in fact your residence did change from Attala—
MR. SHANDS: Strike 'that out, (Same was stricken)



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157

Q. James, as to your social security number, whoadid you work
for, if anybody, from the time you graduated fro® 
high school at Gibbs High School— graduated from the
last grade at Gibbs High School-**

Q.

A 9
Q.

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ME. SHANBSi Strike that first part*
— in, Florida until now? Have you worked for anybody, held 

any job?
No, sir, except in the service, that I recall*
Nothing except in the service. How did you. happen to get 

a social security number? Is that requisite to go in
the array?

1 got that longer than 1 can remember* I don’t know. I 
think. I was about twelve or fourteen years old. I 
got it before 1 left Mississippi.

You came back to Mississippi looking for a job, didn’t you? 
When?
After you got out of the army?
When?
Well, you know when, you got out of the array— July of I960, 

wasn’t it?
’61*
I mean *61, excuse me,
*60. No, Sir, you’re right, *60. No, sir, I came back

* *  " 'f ' *e*K'<Kww,..

to go to school*.
You didn’t cone back hare to use that social security number

and get a job and make a living here in Mississippi?
1 came here to get an education in order to make, a living* 

MR. SHANDS: Would the court indulge us in a short



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recess?
THE COURTi Very well* Take about an eight minute 
recess#

(After recess)
Q. ^amss when you enrolled at Wayne College you gave as your 

then address, permanent address, 2305 Pasadena Street, 
Detroit, Michigan, did you not?

A. As my address, yes#
Q. Did you give them- any other statement as to your residence 

or your home?
A„ 1 don't particularly recall. If it called for it, 1 did*

I completed all the requirements of the application®
Q. Did you put any address on that other than 2305 Pasadena 

Street?
A® If it called for it, I did* 1 don't recall®A
Q* Tou just don't remember that*

® A. Don't remember hardly anything about the application. 1Q
filled out for that school*
MR. SHANDSil I have handed counsel a document for her 
to look at, which X propose to examine the witness 
about#

Q. Now, James, we have that document which you couldn't remem­
ber about while ago. In fact, you know that your 
application, your sworn, written application for 
registration is one thing, and your application for 
exemption from poll tax is another thing, don’t you?

.1 Or did you know that?



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159

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| A* 1 did not know that®
|| Q* Did jov knm that you signed two different things?
| A* Mot until recently that 1 checked, I actually signed three,
|I i signed the book, too*
1 Q® Xou have been up there to check since you testified in 

Biloxi?
A* To check on the-~~
Q. Yes, on. what you signed*
A, Sot. on what 1 signed*.
Q* How did you rammbB? that? Tcm said when you checked you 

found you had signed three things *
A* When I went to check—
Q« What did you check and where?
A. I checked, on it a day or two ago on the law on service man 

and their tax exemption law®
Q. You cheeked on that?
A* That1 e .right#'

® Q* Why did you do that?
A* 1 wanted to make -sure that I knew what the raw was*
Q* Do you know what it is?
A# No, sir®
Q» Then all you aid was sake sure you don’t know?
A* If that is the way you want to put it*
Qt If that is the way I want to put it* I'm not asking you,

Jatsea, I?« just asking you
A* Th@y interpreted the law.. 1 gave them the information'.

They filled out everything except the portion where



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x  had to interpret certain articles of the constitution©
1 told them ay entire story in regards to this Toting 
and h® mads all decisions and 1 signed wherever he ■ 
pointed out for me to sign* And 1 felt thee, and 1 feel 
now that as a veteran 1 was entitled to register to vote 
in the State of Mississippi, 1 explained to him then 
that I was a permanent resident of Attala County, the 
only county in Mississippi I had ever lived in, for 
over a year, 1 explained that to the clerk, 1 ex­
plained to him I was going to school at Jackson Stats 
College and had been there since September* And the 
clerk filled out the forms and gave them to me, and 
that is it*

Q. *Wes, you said *he*. I wanted to bring it out a little 
bit* Did 1 understand you. said the clerk filled out 
this application instead of you? Is that your signs-

__ _______________________________________ ________  __ ____1 6 0  _

A.
Q.

A®

Q.

ture right there?
May I see this., .please, (same handed to witness)
In fact, you take a good look at every bit of that writing 

on that thing ami tell me what's your*a and what isn't 
your's. Taka your time*

I filled this out and it is correct® It says, "Where is 
your place of residence in the district?*, and that is 
my place of■ residence in the district, where I was 
staying*

All right. Where you were staying. Now, you wrote all 
of this in your handwriting?

^es, sir.



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161

Aod you say tnat you fcold that- fellow that your home was
Attala Countyj Mississippi? j

i
That?a right. Sir, I
You told him that? j
I told him that, the only place in Mississippi that I had [ 

lived for laere than a year was Attala County* Mississippi 
and 1 explained to him that I had been in the service 
for the past nine years and he told me to fill out the ;
forms and he gave me this slip, la fact. he told—  I

‘ Ihe filled out the slip, I filled this application out# | 
And you read all of that?- f
Bo, sir® |
Janes, you mean to tell ae you took aa oath without reading f

j
it? |

Yes* Sir* He told me I was qualified and I could register,
|

and I took his word for i t *  j
|

Now, this s i g n e t - j r " :  a p p e a r s  t o  ha a m a n  b y  the name of Mr*
J* E* McLeod. Bo jgv know what he looks like? j

Yes,, sir, 1 know him*
Would you recognisst him if you, wars to see him?
I think sc*
You are going to have an opportunity to see him, I think*

i,

so I want yen to say what, you told him and he told you*
I coiildrrt remember that verbatim*
I want you to reflect- on that before you answer it* j* i
I couldn*t remember verbatim, but I told hiss my entire

s

story♦

i



Walt now® Let13 gat down, James, to what you told him
■

without classifying it as to your entire story*
MRS* MOTLEY: May it please the court, I?d like to
clarify the record# We are talking about two differ­
ent records, one of which has been marked for identi­
fication, and the other has not, and the witness has 
been talking about two documents at the same time and 
the record is going to be very confusing.
THE COURT: Very well. Let the documents which have
been shown to the witness be marked for identification* 
{Same marked as Defendants Exhibit 2 for identification)

Now, James, the thing I am asking you about right now is 
your sworn, written application for registration.
If the man:s name is Mr. J. R* McGleod, whom you 
dealt with, please state what you told him in connection
with this, your sworn, written application for regis-

aay
bration on February 2, 1961. Tou/make such reflection 
as you care.

I do not remember verbatim the discussion, word for word*
1 went into the place of registration® There were 
crowds of people there and when I got in line up to the 
counter I told the man I wanted to vote* ± imagine he 
knew that. And he gave me the form to fill out* I 
don’t know if it was before X told him what my status 
was or after , but I filled the form out, reading and 
interpreting the articles that he pointed out for me



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.,;_____ _________________________________ ____ __ 163
:

6a. And either before thqt or after, X believe after,
| we cam to the place of determining whether or not I
i

could register* And 1 explained to him that I had been
in the service fur nine years and that I had tried to

;
register absentee, t u t  they informed me I couldn’t, 
and I explained, to him—

Q. Ion applied what to register?
A. By absentee, in absence* In other wordst the military 

have a set-up where you can register in some states 
with your officer there* They have what they call 
a voting officer and he takes care of the paper work®

Q« Where did yon apply for an absentee voting?
A. In Japan* And he either didn’t know, or, anyway, he

couldn’t accommodate me. So, after that 1 told him 
that 1 had— he wanted to know about my residence, 
where 1 was living— and X told him that 1 was at 
Jackson College, a student, and that 1 had been there 
since September and had only been discharged from the 
service since July of I960* And X remember him par­
ticularly asking me if 1 had lived in Hinds County be­
fore thtit and I told him no, that I had been in the 
service before that time. And he decided, determined, 
that X was eligible to register,there in his court.
Sow, 1 didn’t see any laws, he didn’t show a® any, and 
I assumed that he knew what the law was and if X was 
qualified to register ho would register me and if rX 
wasn’t, he wouldn’t, and that was that© *

Q« Did you tell him before he approved your application that



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164

you were a resident of Attala County, Mississippi, and 
that you were here only temporarily?

A® 1 don’t believe that that question came up* He wanted to 
know if I had lived in Hinds County prior to my going
into service and I told him i had not*

Q* Sid he ask you ware you were living on January 1, 1959?
A» No, sir® 1 don’t know i? he did, but he knew I was in 

service*
Q* On your previous testimony in Biloxi did you tell me 

* you told him, *1 told him 1 had always lived in Attala
! County**?3§
\ A* lou say did 1 say that?
Q* Tes.
A* If it’s in there*

I
Q* Well, do you now say you. told bia that?
A* Yes* in Mississippi I told him, that in my living in Miss­

issippi prior to my coming to Jackson College that I 
had always lived in Hinds County* 1 told hi® that*

Q. Prior■to coming to Jackson you had always lived in Hinds
County? |

A, I had always lived in Attala County--correct!on. I am sure 
you know 1 didn’t moan Hinds County*

Q. Did you make an application, for an absentee ballot to your 
voting officer in the army while you were in Japan?

A, My voting officer either told m& that there was no pro­
vision in Mississippi for registering absentee, even 
though you could vote absentee, or he didn’t have the 
application. X believe he said there was no provision



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for registering absentee, but you could vote absentee*
Q* So you never did make an application?
A. I tried*
Q« Correction, Did you ever make an application?
A* While in the service? No, Sir. This was my first appli­

cation*
Q. dames, on the document which has been identified by the

stenographer, question No* 9' "Where is year place of 
residence in the district?*, did yon specify 1129 
Maple Street?

A# Tesi Sir, as mj place of residence in the district*
Q* Did you in question No* 10,fspecify the date when such 

residence began”, give September *60?
A. Thai1® right, Sir* That is when school started*
Q, Sow, we coma to No. 11, «State your prior place of residence 

if any”* Did you put "Kosciusko, Mississippi”?
A* Xes, Sir. That was where I was staying prior to coming, 

to Jackson College*
Q. That*a not what the question, is# Head it yourself» No. 11*
A* {reading) "State your prior place of residence, if &nyn• 

"Kosciusko, Mississippi*®*
Q* Now, do I understand you to say that you told the gentleman 

who handled y o u r  application, that at; that time you were 
a resident of Attala County and not just here in Jack- 
son as a student? That question is not complicated 
as I mean to ask it* If it is, I Ml rephrase it* '

A, If you will, please. I didn’t understand*



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MB® SEJtMDfil.., Read the question*
MIS# MOTWX: I think the plaintiff has answered that
question at least three or four times in the last half 
hour and X think tnere is a limit to how many times he 
can be asked over and over and over the same question® 
That is in the record. asked him that question at 

. least three tinea already.
THE COURT? I don’t recall he asked that particular 

' question. Overrule the objection®
A. I did not myself determine residence. I explained to him 

my situation. Further, as a military man X always 
was under the impression that military men, as far as 
residence and different types of requirements was con­
cerned, were in a particular statute or category and 
I always thought .that students, generally ware in that 
sa&e category, same category or special category* I 
still feel'that, and I don t know about this determin­
ing residence. I don’t know what constitutes it, so 
forth • 1 have been to my legal officer while 1 was
in service to discover residence and I still didn’t 
come up with any concrete answer to determine real* 
deace in different cases#

Q* Where did you got all that idea that you think you are
entitled to this, that or the other as a student and 
as a member of the armed forces?
MRS. MOTLEft He didn’t testify lie thought fee was 
entitled to this, that or the other.

____ ____________ _ _ ____________________ _  ___ __________166



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16?

Mi* SHAKDS; 1 want the witness to clearly understand 
the question and I want the record to—
THE COURT: As 1 understand, the question— and I
don’t believe he answered yet— -you asked if he told the 
registrar if he was a resident, of Attala County?
MR* SHAIIBS: las, Sir,

Q* Did you tell him that or not?
A. 1 told him—
Q« Just answer that yes or no* because you have already given

your explanation but I don’t believe answered the ques­
tion.

A. X don’t recall I told him that exact word# I don't believe
it was ever phrased that way while 1 was talking to hi® 
or making application.

Q. Bid ycm ever bear of a resident of one county being either
entitled or legally permitted to register in another 
county?

* A* Well,' when I was in. the courtroom there was a man and his
wife case ia and they said they just came fron another 
county and they wanted to register, and they did, I 
don’t knew the rules on voting, particularly, in the 
county. I don’t knew*

Q. You don’t know a,od haven't been advised, were not then ad­
vised, that the only place under the laws of Mississippi 
that you can register is your county of residence? Now, 
James, reflect on that, Didn’t you then know and were
you not then advised that the only place you,could

s



16B

register in Mississippi was your county of residence? ; 
A. No, sir, I did not knew that*
Q. In your testimony at Biloxi you had some remarks to make aboul 

what that registrar told you and what he said to you*
Tell me what he said to you and you to— -no, what he 
said to you in that conversation*

A. What do you mean? When?
Q. When you went up to register and get your poll tax exemption.. 
A. You are talking about something specifically or the entire

time I was there?
4* Letts take it for the entire time*
A, Well, I don't know all the things he said* The only thing 

that really stood out with me was when h@ asked me to
!

lean over the counter and he told me to go out and tell 
all the people they could register and vote' in that 
court if they passed the test * That is the only 
thing I really remember*

Q. I an going to read bo you from page 84 of your testimony 
at Biloxi beginning at Line 5 from the bottom*
WQ» Did anybody tell you what you had to do in 
order to qualify to register?
A. las* And I told him that I had been in the 
service* I told him that I had never lived in 
Hinds County* I told hi® I had always lived in Attala 
County.n ■
Is that answer true?

A. That is correct— prior to my coming to Jackson College*
i



Q,« At the bottom of page H5 on this particular point) Line 
23 fro® the bottom*
**A. 1 explained to him my situation, 1 explained to
him, thoroughly that I was a permanent citizen of Attala.;

I
County, I explained that to him* 1 explained I never j 
had lived in Hinds County prior to coming to school 
there* That is when be went on to tell me about any 
body could register to vote in Kis court, and 1 didn’t 
have much to say in that clerk’s office when 1 regi­
stered to vote,” f
Is that answer correct? j

A, That is correct*.
Q* 1 hand you. a part of your application to the University

of Mississippi, and I ask you to examine that and tell !
I

me if that is your handwriting and that you filled that I
out? J

A, I filled cut the front part.,. j
Q* By the way® Did you read each, one of those Questions before!

f
you filled them out? In other words# is whatf3 on 
there stated or asserted by you as being true and cor­
rect?

A® To the beat of my knowledge»
Q* Is this true or correct, James?
A. To the best of my knowledge it is true and correct* i
Q« Did you put anything on that application saying that

#1 am filling this out and it is true to the best"of
jmy knowledge*» Don’t you know whether in fact that is i 

true or untrue* lead it*



170

I was trying to find where it said "to the best of your 
knowledge”. They generally do. I don't see it

A.

on here. To the best of my knowledge— * I imagine 
there are a couple of hundred items on here— and to 
the best of my knowledge I answered each one correctly.

You want to stick to a couple of hundred items or you want 
to count them , because there is not that many on 
there*.

To the best of my knowledge everything on here is correct.
Well, that wcn11 get the job. Did you represent the cont­

ents of that document to the University of Mississippi 
as being true in each and every respect?

Yes, sir.
Now, James, I want you to read that carefully at this time 

and tall me if there is any statement on there that 
is in fact untrue or false,

(Witness reads same) This is true®
Have you looked on both sides?
1 didn't fill out the other side. This is the physician
All right. Look on that side and see if anything is false. 

MRS• MOTLEYi He just testified that the physician 
filled it out, How can he testify as to whether the 
physician filled it out true or false?
THE COURT? He can testify as to whether it is or 
not if he knows. As I understand it that is his 
application that was submitted to the university with 
both sides filled out by him or somebody else, and 
that is the question he is asking and 1 think it is



171

I competed to ask the question,,
A* To cry knew,ledge there is nothing on hare false* 

ij Q« On the part filled one by the doctor you say there is 
i nothing on chars to your knowledge? —
A. That’s right*
Q* --•which is not correct?
A. That is right,*
Q* As to the siae, the very first word of which at the top 

of" the page is WIH3TEUGIMONS’*, is what vou filled out?1 ' '
2 A* That’s right.
S| Q. In each and every particular?
i5
«' A* I made all of these marks on there®
| Q. And is it your statement that every answer given on here
r

| was then, in fact, and is now,true and correct?t?
| A* To the best of my knowledge*
 ̂Q* I didn't ask you. that, lames. 1 want an. answer and 1<
§ don’t think 1 am imposing on you In the least. Tell
® ran whether it*s true or false?0
1 A* It is true to the best of my knowledge*

MR* SHARDS; lour Honor, I asked—
THE COURT; I will ask the witness this, because I 
can’t tell a witness what to answer. I will ask him 
if be refused to answer the question without quali­
fying it n o  the best of his knowledge”?

A. No, sir* Yes, Sir, this Is time® ,
Q. This is true. That’s all I wanted, Jamas, for you to tell

I i I

I me whether it was the truth.



172

Mi* SHAND3: I have asked that this document I have
been talking about be identified, and if it is per­
missible that different identification numbers be used 
to show the identity of that side which the witness 
testifies he filled out, and all of which is true, 
as distinguished from that side which, was filled out; 
by the doctor and which follows the words "MSBIGAL 
EXAMINATION B*
THE COURT: Let it be identified with the proper
exhibit number and on. the part he states that ha 
filled out put that exhibit A and the other part B of 
t h e s ame mam b e r
MR. S HANDS:.. If the reporter should care to use the 
numerical it will be identified number 3 of what he 
filled out and identified number 4 of what the doctor 
filled out.
THE COURT: Very well, Mr* Reporter, you mark it
as you customarily mark exhibits.
(Same marked as defendants exhibit 3 and 4, respect­

ively, for identification)

. MR. SHOffiS: Until we introduce this, is it permis­
sible with the court that we retain this document?
THE COURT: Yes, so long as it is available to any­
one who wants to sec* it.
MR, SHAJ3DS: Wefll not ask to retain the certificate,
which belongs to him.



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173

WITNESS: What about my receipt ?
ME* SHANDS; That is what I am talking about« We 
will not retain possession of that* The reporter 
has that and you will get it back, 'because I stated 
that if it is introduced we would substitute a copy 
and glue you yourf s back*

Q. When you enrolled at Wayne College did you pay a non-resi­
dent fee? And what state is that in?

A. It is Wayne University--it was at that time— in Michigan.
Q. Did you pay a non-resident fee or a resident fee?
A. I did not pay a non-resident fee*
Q. You paid a resident fee?
A. That!s right*
Q. And at the time you enrolled you were not then in the 

armed services of the United States?
A. That * a corre ct*
Q. You paid a fee for a resident of Michigan?
A. I didn't pay an out-of-state fee. I paid the normal fee,
Q, Well, there is not but two kinds, resident and non-resident? 
i. Yes, Sir,
ft. I say* that is right, isn't it?
A, What?
Q» There is only a resident and a non-resident fee?
A, les, I assumes
Q, So if you didn't pay a non-resident, then you did pay a 

resident fea*?
A. Yes, Sir.



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174
!

Q«

A.

A.
Q.

A.

Q.
A*

A,
Q.
A,
Q*

A*

When you attended all of the other colleges mentioned in 
your application except Jackson College? you were 
in the armed services, weren*t you?

that*a right.*
Who paid the fee for* you to attend those colleges, you 

or the United States Governmentt
The government paid thrwe-fourths, I paid one-fourth.
Did you pay a non-resident —  * 'Did you pay one-fourth of 

a non-resident fee, or one-fourth of a resident fee 
inthose colleges?

That was never a question, to my knowledge. This was 
a military education program established under the 
Universal Military Training Law of 1951, and I don’t
know#

You just don’t know,
even

1 have never heard of a re ai den ce/feting considered under 
this»

Do you know' the answer to my question?
No, Sir, 1 do not know,
James, what does the NMOP have to do with this lawsuit?
Nothing,
Is the NAACP Legal Fund furnishing you at their expense 

lawyers?
That is the Legal Defense Fund*
Did you request them to do that?
To help me in this suit, or what? ,
Yes«

;



And they paid all the costs that have bean put up?
No, sir,

MRS* MOTLEY; May it please the court, of course we 
have been over this? twice and we were over it on the 
deposition and we objected. He brough it up at 
Biloxi and we objected, and here we are again*
THE COURT; If he went over this before, I don*t 
recall, and I have not read the deposition.
MRi SHAMDSi The deposition it was, and objection 
was made in Biloxi to it. Now there are certain 
•features of this that I want to go into which were 
not gone into in Biloxi#
MRS. MOTLEY; We object again to going into the 
method of financing a lawsuit on the ground, that 
it is not relevant or material to the issues in 
this case. The only issue this court has to decide 
is whether the plaintiff has been denied admission 
solely because of his race and. color. The manner in 
which the litigation is financed doesn’t have any­
thing to do with that issue.
THE COURT: 1 think it has to this extent, and I
will limit it to this extent, only going to the credi­
bility of the witness. J don’t think his motive or 
proof of financing or anything would be material 
upon the major question, the main question, in the 
case. But the witness is on cross-examination, and 
going to the credibility of the witness I think it 

___ doesJaave_aJbe<^lngjxnder the law; in other words, I_



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176

Q,
A.
Q.
A*

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Q* 
A,

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A,
Q.
A»
Q.
A.
Q.

think the authorities bear that out and I will limit 
the effect of this testimony to. that and that only,
uhl©ss it is shown to me on final argument it is 
relevant on other issues#

And they paid all the court costs?
Yes, sir*
Furnishing you a lawyer?
Yes, sir®
Why did you ask them to help?
I don’t fully understand which answer you want me to give * 
1 just want to ask why you asked than?
Because I know that they were an agency that was to help 

people in civil rights matters, where they were being 
denied their civil rights.
MR* SHARDS': We object to whether they were being
denied their civil rights and move to exclude. That 
is the very heart of this case. There is a denial 
that we have denied any civil rights*
THE COURT: Overrule the motion.

Go ahead® Is that your complete answer?
You say when?
No, why* You were tailing me about that*
Well, that was it*
That is your* answer. You own property, don't you?
Yes, sir*
And you make money from that property every year» don’t yon;

iI haven’t up to this point.
You haven’t?



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17?

A# Mo, Sir®
Q# Tots. have aade a® money out of the property that you own

f

in Attala County?•* if.

A* Mo, sir*
Q« How is the world are you carrying it?
A 0 What do you roan?
Q* How are you affording the opportunity to keep it?
A* Well, I M ? e  to pay taxes every year* that is all#
Q. You don’t grow any crops"on than?
A* The only one thorn is faming on 1 just purchased, this 

year#
Q. leu mean in 1961?
A* I960
A® Ion mean last year?
A* last year* And the original'owner had a crop a lre a d y , 

which belonged, to htm#
Cl. Ton haven’t made &ay money oat of any of the property you

j
ownf ■ Ii

A. I have not,
Q. You have not* Have you got a crop planted on one this year? 
A. Xes, Sir.
Q. What kind of crop?
A. Cotton and'■corn*
Q* How. many acres in this whole place?
A. It is eighty-four acres, however, the man that is working 

it had an operation and the crop has gene this year 
and 1 am sure I won’t mk& anything this year



__________________ _______________.______________ i?a ____

Q« Do you owe any money on those places?
A* No, Sir*
Q* Where do you get the money you Ilya oaf 
A* I am on the Korean G.I. bill,
Q* What do you get a month?
A* $160.00.
Q. lour wife is on that, too?
A* What?
Q. Your wife on the Korean G.I. bill?
A. No*
Q* She was not in the armed services?
A, No, Sir, she was i&y wife»
Q« And the only thing, only income that you have is the 

$160*00 a month?
A* That5s right, Sir*
Q* Has she worked at any time since yon got out of the service? 
A» No, sir,
Q* You have got two automobiles?
A. Eight, Sir,
Q. One Volkswagen?
A, That1 s right*
Q. And one 1952 Cadillac?
A. That’s right,
Q. Do you receive any money from anybody except the govern­

ment on your G.I, bill?
A. No, sir.



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' 179
..

.
A* Tour family is a wife and one child?
A * Tha tf s ’ ri ght *
Q. low own and operate a Toikswagon and & Cad:iliac?
A* That*s right*
Q* Have sines you get out of the army receive* any money from

anybody hj way of gifts, grants, or freat any source
. . other tfhaa your G. 2. Bill!
A* No, sir®

i Q* And your family is you, your wife and one <laughter?
i A. Son*

Q» Son* Ia*l yoti rent an apartment ?
A* That*s right,' Sir.
Q. What is jmr monthly rent?
A# |40 *00,
Q* D© yen owe. any moa«7 ©a either caw of your automobiles?
A. §©, Sir*
Q. Are you. paying any fees to go to Jackson College?

Q Aa le3$ Sir#
Q« How such are you, paying per month out of your own pocket? 
I* Well, it is not per month* It is the quarter is $55*00 

for the quarter and the summer session is $35*00 each 
session*

Q. #35,00 each?'
A, Each session*
Q« 135 *00 each session?
A. Per session *
Q* I*m sorry, that is rot- clear to me*



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A; Well, they call it sessions. That Is what they call it,
swraer session. They have two , and it is #35.00 for 
each one#

Q. So that is #70*00 for—  
k» For the two*
Q* For your sraer schooling?
A* That8s right*
Q* How, the government pays part of that?
A, No, sir*
Q* The government does not?
A. No, Sir*
Q. 1 thought you were under the 0. I. bill*
A. I told you they pay me $160*00 a couth*
Q. Oh, and out of that is supposed to cosine your tuition? 
A. That * a c orre c t,
Q* Mow, have you been getting $160*00 a month, laths say, 

since you entered Jackson College?
A* Or the amount of the number of days I attended during the 

month*
Q. What 1 am trying to get at, James, is how much money the 

government pays you per month under your G* X. Bill? 
A, #160*00*
Q* Since your enrollment at Jackson College*
A, #160*00. Now you asked about each individual month.

They pay #160*00 a month, but 11 you only go part of 
a month they only pay you part of the $ 160*00* That
has been ray basic rate for the entire time*,

Q. lour basic rate**— <

i:
I

i



Ha^e you draw: your full tine each month?
Yes, the regular-ti®®,
S© you have' gotten from the goverxnent under the G. I.

. bill $160*00 per■month?
Tfeat*» correct.
For met mo nth eeasamciag with the day you enrolled in.

. school *t.Jackson - College?
For ®*©h ;soatfe, .
*•11* dii thcy^fef yo» for SanteKber?
®**Y "-Sfcey paid as--from-the date 1 started

in ,3eptc»bar, eighteen days, or something like that,
. until the- end of the month. Th« cay period oa it "is 
. fro* the • first of the month t© the @ni of the *©nith 
■ ®ad if you begin in the diddle of the Month or btgia 

- • ia the middle of the month your- only paid for the tine 
you attended. But the basic rat# is the same. 1 
guass they divide the days.; and •■pay you so much for 
each. day.

And since you hare been discharged- from the aray nobody 
has given you any money?'

Ho, Sir*
Has anjdMedy, -©ay organisation, ■ or sore than one person 

promised you any Money? !
Ho, air, ..
For bringing this suit?

— t» $16G,00»



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Q* Whom did you first tala to about bringing this suit?
A* What do you mean?
Q* Just that* Who did you first talk to about bringing this 

lawsuit?
Ju Most likely some of my— ** You are talking about* taking 

actual steps?
Q» Y 0 3 <*
A. Some of my college class-mates and callege-watas.
Q» Old Medgar ISvwfes and you discuss this lawsuit?
A« After I started the process.
Q, After you started the process# What process had you 

started?
A, I wrote for the application.
Q. You wrote for the application* Had you then decided to

bring this lawsuit?
A* Yes, Sir.
Q. How long hare you been a. member of the KAACP?

“ A. I joined, I believe, in September,,
Q. When you came to Jackson College?
A. That’s right.
Q. At soma of the NAACP meetings you have carried people

to tjihege meetings in your Volkswagen car, haven’t you? 
A. What do you mean by carried some people to the meeting?
Q. You gave them a rid®.
A, No, sir,, The only person that I have taken that I recall 

was my wife*
Q* You never carried people to the meeting?



183

A* Mo| Sir®
Q* When it that you solicited funds fox* the 1M0? fe&rs

il* Mississippi?
A® S«t w  have 'in ny life: anywhere*
Q. Sever in year lift. Do you atte&d regularly the NAACP

seating* here?
A® 1 assume you ar# talking about the stass .settings* you near* 

or private seating©?
j

Q* Both* :
I» Mass settings, the other seatings, no*
Q* Were • you at the one tfhere— isbo was It spoke?— I believe 

oat: of jmr rational officers fro*. Sew York or Wash* 
ingjtori ir about ly? ' . -•
KRSj. l&TLSTf We object to this. I don’t see the ., 

alley . this* '
?lil! OOljRfi 1 believe you have inquired into that 
.far; enough, Kr. Ska ads. I sustain the. objection.

Q.* Bid yew seen 3epteafeor of 1950? • i ■
m,- SRMSt I'n clarifying that point now. Tour Honor. 
IKE: GOIlEfi . Tea, go ahead.

A® That** right.
Q. Sept ©saber of I960?
L* Last fmrs last September*. ■ ' •• |

X ■ “■ •* 1 \ '
Q, Do you pay fer your books? ■ j
4. Books? ‘ Tom seen to to go to school?
Q. Tea.
A. Tes, Sir®
Q. ted your school supplies? ________________ I



134

4* Yes, Sir*
Q* The government doesnlt furnish those over and above the

$160.00?
4* No, Sir.
Q. Did you receive a letter concerning a movement such as 

"Operation Mississippi” In connection with your mem­
bership in the NAACP?
MRS. MOTLEY: We object to that. We don’t see the
relevancy of going into what letters fee received on 
a movement•
THE COURT: I don’t see the relevancy, Mr. Sh&nds.
MR, SHAN OS: As soon, as I get the letter Immediately
in hand, the document, which I have reference to now, 
I will bring it up later in the examination. 1 would 
withdraw it at this particular time.
THE COURT: Very wall* It is nearly adjourning
time, so I believe we will take a recess until two 
o * clock*

(Whereupon court recessed until 2:00 p*®*)

(Mr* Shands continues cross-examination)
Q. Before recess you said you were going to look and under­

take to find some of the pamphlets of M.X.A. S.which 
you had assisted in preparing* Did you make that 

search?
A Yes,, Sir®



Q. you have them? 
i. ft#, Sir*
Q. Where are they?

(Witness hands to counsel)
low eiuny was it iiaai yea helped prepare that you ' 
t®abIe/to find?

I® Those, are tilt only ones that I waa In the preparation*
Q* How -of. the® wort you adviser in?
A* .What:do yen a«an»
Q. Advisor,, that.yea ooftmltcd with reference to*
A* That ia wfeab 1 m i ,  I consulted m  those®
Q* James, I want yon to consider this answer before yon »&kl 

it, and 1 will ask yea if you were sot present and 
consulted is the preparation of others in addition to 
those two?

A* Ho, sir*
Q« That ia not tin#! lea. say yon did.not? .
A* So, sir* Those two which I gave are the only two that I 

had a, hand in.the work'of®
Q» That jm what?
A» Had a .hand in the preparation#
Q» la the preparation?
A* lee, Sir*
$« Sow tell me her many others ’yon sat ia and advised about

or met with, those people who did that?
*• Well, that ia what I aw saying, that 1 eat ia on those two* 
Q* Where did the preparation of these take plaoo?

1*5



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MiS*. MOTLEY: ig object to this unless these leaflets
have acme relevancy to this case, 1 don't sea any 
relevancy in .asking him whether he prepared certain 
pamphlets of a student organization unless he sfeoows 
it has something to do w i t h  t h e  issue in this ease®
THE COURT; 1 make t h e  s a m e  ruling o k  this as I 
did on, the other objection, I don’t think on the 
main issue it has any relevancy at this time, but as 
to the credibility of the witness a,, very wide latitude 
is allowed in cross-examination, going into the back­
ground, associates, companions, things of that type® 
The law is pretty well settled on that, but each case 
of course depends upon the particular facts* In this 
case I think a fairly wide 1 attitude is permitted, so
I will overrule the objection and limit the effect 
of it to the credibility of the witness*

I
Q* Where were these prepared? Where were you when you'assis­

ted, in the preparation of j these?
A* At the school, Jackson State C o l l e g e ®

Q* Whereabouts on the Jackson St^te College campus'?
A. Well, I don’t know* It was possibly in the conference 

room in the library or inja class room*
Q. Come, Janes.® lou could remember your social security 

number. Don't you know wiiers these were prepared?

A. What do you mean ^prepared*? j
Q. Where you sat in and helped prepare them*

MRS* MOTLEYi I don't see the relevancy of th«t at all®



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We are going into something that doesn’t have anything 
to do with this case* What difference does it make 
where those pamphlets ware prepared* He can, go on 
like this for the next two weeks asking him details•
THE COURTi Well, as I say, he is entitled to a 
reasonable cross-examination along these lines* I 
think that is the law* Of course it may have no rele­
vancy as to the credibility, but until I hear it and 
get the full facts I can’t tell whether it has any 
relevancy as to the credibility or not, but there’s a. 
probability it might* So, I’ll give you, if you want 
it, a standing objection to questions of this type and 
let the objection be overruled and you do not waive 
your objection by failure to renew it, and also give 
you the right of objecting, not withstanding that 
standing objection,
MRS. MOTLEY: I think there ought to be some limit to
the time he can show the credibility of this witness*
If he is going to be permitted to bring, up pamphlets 
of meetings and all kinds of things in an endless effort 
to try to trap this plaintiff into saying something he 
didn’t intend to say or may not have remembered, dates, 
places, times, this could go on for—
THE COURT? If he makes a mistake, inadvertently is 
what you might say trapped, he can correct his testimony 
with any further statement* 3o he will he given, full 

opportunity*
MS. MOTLEY: That seems to be the whole purpose of this .



:ids

examination, to- try to trip up the plaintiff and have 
feim say, wIt was don© in the library*, when In fact It 
was done- i.n tea conference mom, That d©.e-sn*t have 
anything to do with this case* We *11 ba here for two

I
week® with him trying to trap the plaintiff Into say- j

|
log something that doesn't amount to a hill of beans, 
anyway* I £,.m ft think that is proper cross-examination* ! 
He ha® had him o& z m  stand for mm? two hours ©a hie 
credibility* , |
THE OOWLlt 1*11 overrule the objection#

i
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Qf Were you in Walter Wiiliaisi* room when you did this!
A# 8©, sir* |
Q* Waiter Williams is the roan that scat jm. up to get you to 

be registered when you knew you were»*t qualified,
1$nit he?

A. ■ Walter William didn’t send m  up.to get registered* He
is president of the student government affepeiation*. |

Q. ■ Tou talked with a:ia# he twfcod you to §© register, didn’t he? 
A* The student gevemmeat association was eeeour&glng people 

to vote in Jackson College, and he is president*
Q» And be didn’t esk you bo go register? j
A. 1 talked with him about it*
Q* He wanted you to riglstur?
A. That’s right*
Q. . A®d you talked with. bits, about registering» is tnat rights 
A* He didn’t send me up*



j

Q. He asked you to register, didn't he?
A, That’s right*
Q« And you knew at that time that you weren’t qualified to 

register in Hinds County?
A, lo, sir, I have explained that several times, that accord­

ing to my interpretation I was and. still am qualified 
to register and vote in. the State of Mississippi, and 
since I don’t know the laws in their entirety and the 
interpretations I feel that when I explained my situation 
to the registrar it is up to him to make the decision 
as to whether or not 1 could register to vote*

Q. James, you got me off the track 1 was on* You have gone 
so far there that—
MS* MOTLEY: We are going to object to going back
over that registration business* We spent all morning 
on that# I think there really is a limit to the length 
of examination on one point that he can go into and we 
have been over that all morning, as to what he told 
the registrar when he went to register,
THE COURT* IU1 overrule the objection#

Q. Will you read your testimony beginning at Line 3 of page 

84 of—
MRS. MOTLEY: He read it this morning#
MR. SKAMDSt He didn’t read that part. Get your 
transcript and you’ll sea#

Q. Beginning at Line 3? page 84* and read down through this
paragraph. And James, yon ere the mate who will benefit 

________ the most by this,., and the only reason,I_!^aking_up____

| ............................. .......................... ........ ......_ _ _  __ 189



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this much time is to give you an opportunity*
A-. "BT THE.OOURT: Overrule the motion*

Q* .Go ahead then*
A. And so with these things I just— * I just told him 
I had bean in service, and he told me in this court—
he told m® to fill out the papers.and then he told me 
to go out and tell all the niggers they can register 
and vote in this court, all they got to do is pass the 
teBb*---. And 1 didn’t have much to say„w 
Is that all?

Q® Yea. Is what yon said in. that true?
A. That is true®
Q» You don’t want to reconsider or change that statement.

S Q-

A.
Q.

A.

Mow, James, back to—
MR. SHANBS: Would lour* Honor permit us to examine
these documents, he has just .handed us here?
THE COURTl Yes.

âme.s, who else sat in with you and helped prepare these 
pamphlets1 how many of you were there?

Exactly what do you mean by "prepare*?
Well1 what’s your definition of "prepare"? You said you 

helped writ® them or prepare them.
To write them* . •

0. Who sat. in with .you o n . that,, how many?
A, 1 don’t remember the number — two or three.
Qe Who were they? . -
A* I’d rather not answer that unless it is absolutely aeee- 
_____  ssary. I don’t know all of them.® I know some of thenuj



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191

Q» Tell me why it is that you think you would rather not tell
who it was* There is nothing in your mind wrong with 
these pamphlets, is there?
MS* MOTLEYs Me object to this on the ground that 
this is a state institution, these students are in a 
state school and this sort of information is now 
sought from the plaintiffs and could be used against 
these students to expel! them from the institution, 
or some such thing, and we object on the ground it is 
not relevant or material to the issues in the case 
for him to know who the students were* If this were 
an. independent college it would be a different thing,
T his is a state coll©g« and the suit is against the 
state and they are seeking this information and we 
think they are not entitled to get it on that ground.
It*s common knowledge that people who do these kinds 
of things' in Mississippi, write these sorts of pais** 
phlets, are visited with all kinds of economic reprisal, 
harassment Irons, tbs white citizens council ancl similar 
things who oppose negro activities of this kind, and 
we object on the ground it is not relevant or material 
to the issues in this case®
ME* SHAND3: Me taka very sharp issue with and deny
such statements as made by counsel of economic reprisal 
and white citizens councils and that sort of thing.
There * t nothing in this record—

rj t t
MRS* MOTLEY; What do you want to «smow?



192

MR* SHAN-DS: I -want to show—
MRS. MOTLEY: Whatfs the relevancy?
ME» SHANDS: I want to showifco h® is, what he does, wha:
his attitudes are and what he stands for and believes 
and how it should be brought about*
MRS. MOTLEY: Ind the document speaks for itself and
you could put that in evidence and it will show what 
he stands for, and to expose other students to ex­
pulsion**
THE COURTS Let me see the documents®
MR. SHANDS: I canst understand why if there is noth­
ing wrong with it—
MRS. MOTLEY: We know exactly what is going to happen
to those students*
THE COURT: One at the time, now® Have you finished
yours argument, Mr* Shands?
MR. SHMDS: I cai#b understand if there is nothing
so awful about them why so much objection is made to it* 
THE COURT: Very well, Mrs. Motley*
MRS. MOTLEY: The documents speak for themselves, and
as 1 said before, this is a special kind of situation, 
it' is not the ordinary and usual case. Those students 
are enrolled in a state institution* Hie state policy 
is to oppose and object to negroes who agitate for 
reforms along the lines of negro rights, such as advo­
cated in that pamphlet* What is going to happen to 
those students, we already know because it’s happened



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193

in Alabama and other states where negroes participated, 
in this sort of thing,, they have bean expelled. The 
Fifth Circuit decided last Friday a. case involving 
that* So 3 *u. not making things up. There has been 
a case like that.

i
THE COURT? Wasn’t that reversed on the ground that 
they didn’t give the students a hearing?
MRS, MDTLET: That*a right, but what I am citing the
case for is evidence of the'fact that in these 
state institutions today during this particular civil 
rights agitation period, as they call it, the state 
institutions are seeking to expel those negro students 
who participate in this sort of thing, and I think 
it unfair in this kind of proceeding to force this 
plaintiff to give the names of other students who 
may be subject to expulsion by these same state auth­
orities. who oppose that kind of thing. That is what 
he is seeking. It doesn’t have any.relevancy in this 
case* !
MB* PATTERSONs Counsel has made a good propaganda 
speech but cannot verify on© iota of the charges. 
against the state of Mississippi about expulsion of 
negro students in state institutions®
MRS. MDTbSTj Ho, but this plaintiff has had bis
insurance cancelled--
THE COURTt (interrupting) Very well, I believe I’ve 
heard enough argument from both sides.
On one theory of the law it, would, be competent, to



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194

show who bis associates are, but the extent to which 
it would go would be that he and some othevs prepared 
these two documents, and I doubt if it would throw 
my light on his credibility, so I sustain the objection 
Mft® SHAKOS5 As to who the others were?
THE COURT: Yes, who was present*
MR* SHAKOS: Who was present. Is that the only
objection' the court sustained?
THE COURT: That is the only thing before me now®

Q* James, you have read these, you helped prepare them, and 
you agree with the contents of those documents?

A ® Y es .
Q. You do?

MR. SHARDS: We would ask that they he marked for
identification.
{Same marked as Defendants Exhibits 5 and' 6 for 

identification)
ME. SHANES: May we have an exception to the ruling
of the court?
THE COURT: You may have the exception*

Q* James, do you. know Aaron. 1* Henry?
A* Aaron £,. Henry?
Q* Yes*
A* Are you talking about the president of the NAAGP?
Q. Yes. •
A* I donst kaow him personally* 1 know who you are talking

about *



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Q« .Did y on ever talk with him about your lawsuit?
A. Never talked with him period*
Q* Never talked with him period?
A, io*

Q,. When was it you talked with Medgar Evans about your law­
suit ?

t. What do you mean— at any time? I have talked with him 
recently*

Q. Let’s ©ay the first time*
A* 1 believe that was about the last of January*
Q. Where, did that conversation take place? In Jackson?
A, Yes* i

Q* I hand you a letter and ask did you receive a letter from
j

Aaron Henry dated February 14th? j
A. Never received a letter from Aaron Henry*
Q# Ion never did* You never received a letter containing 

a paragraph— fro® Aaron Henry and also signed fey 
John C* Melcher— -containing this paragraph:
"Also, before you receive this letter w® will probably 
be involved in a legal suit against the University ©f 
Mississippi to compel them to ada.it negro students to 
the campus* I know you can see the tremendous task 
w® have. Will you help carry the load?**
Did you ever receive a copy of that letter?

A. I never did®

_______ - ________ -_______ __ _________ _________________ _____ _ _________________195 .

Q« Y o u  never saw it? 
A, 1 never s$w it*



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196

James, I hand you this application and ask you if that is 
the application that you transmitted to the University 
©f Mississippi with your letter of January 31* 1961? 

That*s right, Sir,
Is that the entire application?
I b@li©v@ so*
¥©11, take your time, because I am not— whether counsel 

thinks so or ■ not— trying to trap you in anything; I 
just.want the facts*

Yes, Sir, I believe this was all there was*
James, your activities with the M*1*A«S, you believe, as 

you say, as set out in the contents of these two 
, documents* You in your first letter to the University 

of'Mississippi used a paragraph in which you yourself 
referred to your race, dida*t you,- and I ask you to 
•read paragraph 3 of that letter •

(reading) "I will not be able to furnish you with the names 
of six university•alumni because 1 am a negro and all 
graduates of the school are white* Further, X do not 
know any graduates personally, however, as a substi­
tute for this requirement I am submitting certificates 
regarding my moral character from negro citizens of 
my state.n

Do you know ©very alumni of 'the University.of Mississippi?
Did I understand you to say—
Do you know every alumnus of the State of Mississippi 

personally?

No, sir# ■________________

!



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Q. How do you know whether they are or arent members of the 
Caucasian race?

A. I have read it*
|

Q. Oh, that is the point. lou are saying what you have 
read, not what you know?

A, Well*— -
Q. Just answer me that question?
A. That’s right, Sir*
Q, That is the correct answer, Now, also in this application, 

which you said was true—
ME. SHANDS; Strike that*

(Same is stricken)
Q. In the liter of March 26, 1961, to the University of

Mississippi you there again sought to throw race into 
this lawsuit, isn’t that true?

A. If it’s in the letter, I don’t know the dates, what was 
said on certain dates*

® Q .  L o o k  at that letter. That is your letter of March 2 6 — .Q
I t  is April 12th. Loo* at the last paragraph of that* 
lou first threw race into the matter in your letter 
of January 31, then read the last paragraph of that 
letter of April 12th that you w rote the registrar or 
Mr, Lewis, which, ever it was*

A*, (reading) ’’When I forwarded ray application to Mr. hilts on 
January 31, 1961, I stated in a letter to him and in 
my application that 1 am a Negro citizen of Mississippi^ 
Because of my failure to hear from Mr. hills since his s 
telegram to me of February 4-, 1961? 1 have concluded |



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that Mr* Ellis has failed to act upon m.j application 
selely because of ay race and color, especially since 
1 hare attempted to comply with all of the admission
requirements and have not been advised, of any defi­
ciencies with respect to same*®

Now, how in the world, did you assume all of that, dames?
Are. you sensitive on the subject of race?

Very much so* .
Oh, you are? How long nave you bean so sensitive on the 

subject of race?
All my recollecting life,

l
All your life since childhood, isn*t that right? I
Thab?s right* iI
You have had nervous trouble# .haven t you*
Nervous trouble? j
Yes* !j
Oh, 1 don*t know* The air force doctor didn’t think so®
The air force doctor didn*t think so?
That’s right.

Q. Did you ever think so?
A, I thought so possibly, And sometimes when these racial

incidents would come up throughout the years, when at 
the peak of them X would .become a little tense in the
stomach,

Q« You really had a complex about that thing?
A. 1 had an interest,
Q, It would excit e you?
A, I was interested in it, I was very concerned.



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199

Q« Wouldn’t it cause you to be highly nervous and excitable
' iand wouldn’t you loses your4 temper over race matters?

A, I don’t recall ever losing my temper* Becoming nervous 
and axelted«

Q. You don’t* All right. And you say you never had any
lnervous trouble? !
i

A. Not that was coofirmed® !I
Q« All right, James* I am going to give you a moment to j

reconsider that question, to re-consult with yourself* j|
You want to change that answer? I

I
A. Mould you restate the question where I will know exactly

what I am answering, j
{Last question was read by the reporter }

A. Well, when I was in the service , on two or three differ­
ent occasions I had the occasion to go to the doctor 
because of the tenseness in my stomach, and upon dis-

I
cussing it with them we concluded that it was just 
tensuess anci-»

Q. Just what?
A* Tenseness*
Q. Just tension. Is that as far as you want to go?
A, Well, that is what-»
q. All right. Let’s see if this will refresh your recollection. 

On your application, health record, which has been ex­
hibited to your counsel earlier, you were asked the 
question to designate whether you had ever had any 
nervous trouble of any sort. What was your‘answer?



ko "No5*.
Q® All right, I mafet reference to the report of medical 

history in part—
(Haiiis to counsel opposite}
I make reference to a. part oof your army record, which 
you gave us authority to get and which.the defendants 
got, In which, this- question is asked 
•Hervous trouble of any sort *%• and to that question 
is checked BXesw.

A* Yes,, Sir*
Q« Now, please read the corresponding question on your appli­

cation. to the University of ..Mississippi and your cor­
responding answer*

A® The statement is "Nervous trouble of any sort** The 
answer is ’’No*.

Q* Look up about three or four lines above that and see what 
the question is about depression.

A. "Depression or excessive worry"*
Q. What answer did you give?
A. "No".
Q» I will ask you what the answer on that army record is®
A. "Yes*.
Q. Did you fill that out yourself? Look at it. I want you 

to look at it carefully before you answer.
A. I filled it out, 1 &cn just trying to see what the date is.
Q. I thought you did. How could that have been done. I want 

your explanation. On June 7, I960, if that was true 
and if your application to the University of Missies-



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201

was true on January 31, please explain to me how they 
could both be true,

A. 1 could explain it very well, I reflected on that at
the time and at the time I took this physical for my 
discharge, which jS there. And I talked with the doc­
tor and he checked the record and he said I had not had Ij
any trouble, any that would be considered as nervous 
trouble„j I believe he made a comment on the back of 
the medical report* I

Q. What doctor was that?
A. Don’t know, Medical*
Q. You don’t remember his name? |

|
A, I don’t remember any doctors’ names in the service,
Q, Did you tell your doctor that examined you on January 31 

about that?
A. I don’t recall that I did or did not. The air force doc­

tor said that it was not any problem, that it was not— . 
* Q. James, you have even been under psychiatric care, haven’t 

you?
A. No, sir,

i
Q. Psychiatric, Do you know you had a psychiatric report in 

your army record?
A. Yes, 1 was quite aware of that, an examination. It was

that examination that formed the conclusion for this 
answer.

Q. Is that true?
A, That is true. I



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202

Have you ever read that psychiatric report?
No, Sir® They donft let us see it*
1 think you have a surprise*. If you. never did see the

I
report hor could the report have changed your mind?

The doctorreport to me changing my mind*
You don’t reckon he’d write one thing and tell you something 

else, do you?
I don’t know what doctors would do# 
lead that thing* (hands to witness)
(reading) # This ia a 26 year old nego SSgt who complains 

of tension, nervousness, and occasional nervous stomach. 
Patient is extremely concerned with the ’racial problem’ 
and his symptoms are intensified whenever there is a 
heightened tempo in. the racial problems in the US and 
Africa* Patient feels he has a strong need to fight 
and defy authosity and this he does in usually a pas­
sive, procrastinating my, At times ha starts a cru­
sade to get axisting rules and regulations charged.
He loses his temper at times over minor incidents both 
at home and elsewhere* No evidence of & thinking dis­
order. Diagnosis: Passive Aggressive Reaction, chronic,
moderate-, la commands, t ions: No treatment recommended.1*

Does that square up with—  • Would you also read the last 
line* recommendations?

•Patient declined any-medication»w
Mow, I explained that. He wanted to give me some 
tablets to relieve my nerves. I told him 1 didn’t want j 
them, I would rather just go or*



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Q0 Is this doctor’s name Kubitz?
A. Kubitz, yes, I recall the name now. And—
Q. You recall the name now* And you remember what his diag­

nosis, provisional diagnosis was?
A* No, sir.
Q. Suppose you read it.
A, Is this the same one?
Q. Up here, (indicating)
A. "Provisional diagnosis". What does that mean?
Q. You don’t know what provisional diagnosis is?
A* I—
Q. You don’t know what provisional diagnosis is?
A. I do not,
Q. You are ranked as a senior in college?
A. That is correct*
Q. What is the provisional diagnosis made? Read it*
A. "Provisional Diagnosis; R* 0* obsessive compulsive neu­

rosis".
Q. MR -» SHARDS: I ask that be marked for identification*

\Same marked as defendants exhibit 7 for identi­
fication)

Q. Now, James, did I understand you to say that that problem 
of your’s had been going on for many years?

A. You mean ever so often getting tension?
Q. les, sure, a bit disturbed by racial problems?''
A, That’s correct.
Q. That’s right* And is that what you had referenda to in one

______________________ __________ __________________ _ _____203 __



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204

of your letters when you said in on© of your letters t©
the University of Mississippi that you were an unusual | 
student?

A* Ho, Sir* I meant iegro when I said unusual*
Q. I©* SHAHBS: 1 want this identified.

(Same mark act defendant’s exhibit B for identification)

MR* SHAHBSs May I say for the record that at this poin
the testimony in the last few minutes is part of the 
connecting-up of this M.I.A.S. material. It’s part of 
the witness’s own testimony showing this, and the con­
tests of those, we say, bears upon the relevancy of the 
M.I.A.S. letters about which 1 asked the witness and 
he has testified*

Q. ^aaes, when was the first' time you saw that on the campus 
at Jackson Goliege? {hands to witness)

A* I saw one of these for the first time after the demon­
stration they had out there,

Q. Did you refuse to join in that demonstration?
A* What do you mean did I "refuse to join in that demonstration}1!
Q, Well| I mean ware you requested and asked to join in it and 

refused to do it?
A, No, sir*
Q* And you declined to go along; you declined to attend it?

■ Were you invited to attend?
A. I don’t know if any special invitation* I guess all the 

students were invited, if you call, it invitation*



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Q. Oh, they were. You saw that- at that time?
! A, After the demonstration I believe X saw that*

Q. Does that reflect your feelings and your attitudes?
A. Definitely not*
Q. What?
A, Definitely not.
Q. Oh, it doesn’tJ You don’t fool with that; don’t fool with 

this at all? 
l! A* Not at all*

ME* 3HAKD3; X want this identified*
(Same marked as defendant’s exhibit 9 for identifies'

tion)
Q. You are opposed to everything in this? 
A, I haven’t seen it yet.

m
Q

Q, You gust don’t agree with it?
A, Would you let me see that* please• i do not agree with 

the contents of this.
Q. You do not agree with it* Are you serious about that?
A. Definitely*
Q«  ̂antes, when you applied, filed your application, for ad­

mission to the University of Mississippi you were sent 
a general catalog, issue of I960?

A0 No, sir, I was not sent a copy. I asked for a copy, but I 
did not get one*

Q, You never did get one of these?
A» I have a copy. 1 was not sent one.
Q. Oh, you weren’t. I thought one was sent you. ftow, when

did you get one?



Oh, it. was after 1 submitted the application#
After you submitted the application?
They had one at the college library#
That is the one you read?
•̂es, before# j
Before you filed your application?
That!s right»
And that is the on® that you read at page $3 about sub­

mitting the list, the names of six alumni along with 
your application?

They sent that information along with the application 
'material®

I know, but you saw in the catalog, too, didn't you?
I had seen it before the%, yes#
And it was sent along with the application, too?
Yes-, Sir#
And that yon did not do, didn't submit those names when 

you filed your application, did you?
Mo, Sir, but I submitted t’m  reason why I didn't,
1 knew you did that, because that is 'in your letter, as 

you stated your reason why.
The reason*
Your reason, all right, the reason why# Play on your words* 

Mow, whB'b made you jump to such a fast conclusion whan 
you assumed that you ware being denied this on account 
of race? In that letter of April 12, yes, you said 
that you hadn't heard from the® and you assumed that 

that was the reason*



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A* Are you talking about the original application or the
!

April letter ?
q . 1 am talking about on April 12, that since you hadn*t

heard from it you just assumed that it was race that 
had something to do with it,

A. That*s fight„
Q. And that is all you had to go on, exactly. Mow, dames ,

also, you wrote a letter attached to your application, j 
which was also made an. exhibit to the complaint * That | 
letter you wrote on. May 21, 1961, which your counsel 
has seen, which is this. Would you please read it.

|
A* (reading)* Mr* Robert E» Kills.*a«*e**.w i

(Witness reads Plaintiff 5s rxiitoit Mo* 25)
Q0 New, tames, read Mr* Bills* letter to you of Mav 9, 1961, jI

and please explain to me, if you can, how you could make: 
any such as s u it  pM or as you just reads’ j
MAS. MOTLEY; May it please the court, this is an argu- |

.. Imerit now with the witness. These aren't questions* j
He is arguing with the witness and giving conclusions 
and then asking him how come he reached that conclu­
sion, and I don’t think that is proper examination.
Ha is now arguing with t,Leman.
THE COURT: Yes, I sustain the objection to that.

It is argumentive.

Q. Now, James, your farms in Attala County, did you ,j.ose 
money on them last year?



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2 0 $

A. What do you. mean, nlose money”?
Q. Did you get, from them as much money as you— . Wait a 

minute, Don * t you know what *lose money on them” 
means?

A, Well, I don’t see how I could lose money. I paid taxes.
1 told you already I didn’t get any income from It, but j
I don*t consider I lost money as such*

Q. That is what 1 was getting at. Did you receive any income i 
of any kind from any of your farms?

A. I did not.
Q* Did you receive any income from them the year before?
A, I did not*
Q. Did you receive any income from them the year before?
A. 1 haven’t received any income from them*
Q. So far all you have done is pay taxes?
A. Thatfs right»
Q. Now, James* you were asked—
A. I would like to make an exception to that last question*

In about 195? they built a. new road and 1 believe I 
sold about an acre and & half to the state, or whoever 
it was, for building the highway, but 1 didn’t sell 
it. You know* they wanted it for the highway and paid 
me for it. Other than that, that is the only income 
I have received from the property*

Q. w‘ames, do you remember on July IS, I960, that a report 
was made— *
Do you remember Richard E. Greer, MSget, 0. S» Air
Force?



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209

A # X s s * j
Q. In your outfit? j
A. that was my last. First Sergeant and boss*
Q* And do you remember Mr. Jack 0. Wolfe, Captain, 0* S*

Air Fores?
A* That was my Commanding Officer.
Q. And from your army record I would ask that you read 

Ho. VI, COMMENTS OF EEFORTIK3 OFFICIAL *
A. (reading) facts., and SpecificAchievements: During this

reporting period, Sgt Meredith took & negative attitude 
toward most cf the. jobs assigned him# “a ignored the 
maintenance of MAMA? Fora 44# individual training record# 
even though this form was reviewed with him, and he was 
specifically assigned, this duty. &e further failed to 
maintain an accurate record of items covered, at Com­
mander’s Call, for future reference. A recommended 
method of such recording was explained to him, and he 
was directed to maintain this each month. His mainten­
ance of tli© squadron duty roster was far below what he 
is capable of, and he exercised no tact or diplomacy in 
dealing with persons of equal or higher rank, thus caus­
ing much unnecessary friction and ill feeling. He did 
render much assistance, and display his resourcefulness 
in connection with the recent squadron display for Irate 

■ Forces Day,
Strengths: Sgt Meredith has taken, advantage of many 
opportunities to further his own education, and has



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210

counseled and encouraged many airmen to do likewise*
He has & quick mind, capable of clear thinking* and is 
not content to merely ride with the tide*

i Q*|

A*
Q. 
A.

Recommended Improvement Areas; In the opinion of this 
writer , the area most needing improvement in Sgt Mere­
dith *8 case is his outlook on the world in general, and 
more especially those to whom he owes alliance,«•*

Owes what?
a-1-1-e-g-i-a-n-c-e (spelling)
How do you pronounce that?
Allegiance*

w,..at present the squadron to which he is assigned and 
the United States Air fores* further, he should rid
himself of his antagonistic attitude, and develop a
spirit of cooperation.
Suggested Assignments! Sgt Meredith has expressed a de« 
sire to leave the Air Force, and has forfeited his oppor­
tunity to reenlist. Inasmuch as I feel his intended 
course of action will be best for both himself and the 
Air Force, I can make no recommendation for future 

assignments.*
This is the first- time that I have seen this* 
m .  SHAKES: Mark this for identification*
(Same marked Defendants exhibit 10 for identification)

A. There are several other efficiency reports in there, also.
Q. James read at VII on that same page and tell me what block

i

is checked.
A. (reading) RKOOmiSKDATlOH FOR PROMOTION - Do Hot Recommend



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211

For Promotion,
Q. James, have you investigated whether or not .a loss of a 

substantial number of credits of hours would affect
your benefits under the G,I. Bill of Eights?

A. You say have I?
Q. Investigated that®
A» Investigated? I have not.
Q. WI have not”. Have you any source of income of any kind

if you didn’t have your G* I, Bill of Rights?
A. I have potential sources of income,

Q. What are those potentials?
A. My farms.
Q. The only one that will grow anything is the $4 acres, is

that right?
A,. I could always sell them.
Q. James,— —

ME, SHANDSt Could we take a five minute recess? 
THE COURT; Tes, take about eight minutes recess.

(After recess)
Q. James, I got a question, a little question here® Was it 

in Biloxi on June 12 that you told me~or was it in 
Meridian in ycur deposit ion--* that you told me about 
helping prepare some of these M.I.A.S, pamphlets? Do 
you remember which it was?

A. No, I don’t.
Q. Well, one of the two places, wasn’t it?

A. Yes, Sir,______________ ___________ ___ ___________



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Q* ia<̂  Jot3 haven’t; bean expelled from yacksoa State Cdllege,
. fcavs you?

j A« What do tow. tsaan— X have boon cr hqve&’t bean?
Toy. h a m H  boon since you told that you helped prepare 

those M.I^A.S. pamphlets?- 
A» I haven’t been exposed***! mean*- -
Q. Expelled you mean, instead of- exposed,
A, — Expelled*
Q« low have teen exposed, but not expelled. Now, James, her®

1  see la your complaint that you complained about having j  
tc put your race m. your.application for®. Ton don’t 

: like that?
A® Wall, it immediately - is against you*
Q* What’s that? -
A* It is immediately against you when your rasa i« .recognised*
Q* It 1® against- you,
A, That’s right®
Q, Hav© you spoken to the U. :3* Government about that?
A» What do you mean*
Q* is is on your army record. Bid you know .that?

■

W  lace?
Q* Tea, - -
A. Oh, sure, X knew it was on there.
Q* And. it is on all your army papers, isn’t it?.
A® Well, 1 don’t know about .all, but it is. on jour military

records*



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213

Q.
A*
Q.
A.
Q»

A,

Q.
A.
Q.

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Q.

A.
Q.

A*

And you art either referred to as Negro or Negroid?
That’s correct,
Kow do you- pronounce that?
Negro,
How, James, about your residence* Back here in your army- 

record, Fellow, here’s one I believe, and you said that 
your army record stated facts about. This is October 
5S 1955 ® That is the date you started your second 
hitch, wasn!t it?

That’s correct.
And on October 5, 1955 > you were twenty-one years of age? 
That1© correct.
Now, do 1 see that wrong on that page and does that say 

nHoae Address 2305 Pasadena Street, Detroit 2d, Wayne 
County, Michigan?11 

That5 s right.
Well, I’ll declare.

MR.. SKANOS: I’d like to have that marked for
identification.
(Same marked defendants exhibit 11 for identification) 

It said ’’Horn© Address**.
And that is the same little old address you gave Wayne 

College, wasn’t it?
That is where I was- living when I attended Wayne College. 
That is the same address you gave that I read you out 

earlier, wasn’t it, Wayne College?
That’s correct. ,



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214

Q*
A*
Q.

A,
Q*

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A.

How. that was in 19551
les, Sir®
Now, you went into the army, selective service, in October 

1:955 from Detroit, Wayne, Michigan draft board, didnTt
you?

That’s correct*
Janes, have you ever- registered with any other draft board 

anywhere'?
The only draft board 1 ever registered with is Detroit, 

Michigan. That is where I was at the time I became 
eighteen.

You never, did register with one down here at Attala County, 
Mississippi?

1- wasn't here•at the time that I became eighteen.
My question simply was did you register for the draft in 

Attala County, Mississippi?
1 don’t- know. After•1 got discharged from the service 

they sent—
1 am talking about, did you ever register with the draft 

board in Attala County, Mississippi?
When 1 got discharged from the service they sent m  some 

form to fill out and I. don’t know what it was., to go . 
on, but it was through the selective service. But 
the only one-I know that I registered with was.the one 
in Wayne when I was eighteen years old.

When what?
When I was eighteen, the day I. was eighteen.



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Q* But you went in after you were twenty-one at that sane 
draft board, didn’t you?

A» ‘I wasn’t drafted* I volunteered®
Q. I know you volunteered, but you went in through the same 

board?
A® I never went into a board# I volunteered both times#
Q. James, I have a couple of fellows here who have been in 

the army* When you got out of service, had your 
first hitch, you had to register with the draft board, 
didri ’ t you?

A. No, sir*
Q* That is not so?
A* That is not so*
Q« Bid you ever register with that board in Detroit?
A. When I was eighteen*
Q* And you hadn’t registered with them since then?
A. When I was discharged somebody sent me some papers, the fora* 

somewhere,
Q* that is after the second time?
A. The second time® The first time there wasn’t no papers, hut 

the last time* And 1 filled them out and sent them 
to whatever address was on the form, and I don’t know 
where it was® When I was discharged I gave my permanent 
address aa Mississippi and they might have taken and 
when they sent me the fora included that address to 
the .Mississippi Board, 1 don’t know#

Q. We have got another oath coming up here. Would you read thi.-
________one? Did you read this one before you signed up?_____ _

-------------------— ^ ... 215



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216

A. Don’t- know. 1 wouldn’t say I retd it.
j Q* You said you did in the oath.
i
i A. 1 know 1 signed it* That is military. 1 always sign 

everything they tell me.
Q. You sign everything anybody shoves' at you?
A. In the military. When I took ay first oath the man says, 

’•You don’t need to read It, just sign it”.
Q. In part of this paper which that oath is attached to you 

swore you were registered with that draft board in 
Detroit, di da *t you?

A* I say that hers. That is the only draft board I ever bean 
in in my life.- I was in there once when I was eighteen 
years old#

Q. Fellow, you-were a. heap more than, eighteen years old on 
October Sf 1955?, weren’t you?

A. 1 don’t understand what you. mean.
Q. I simply asked you~»
A. I didn’t .know you had to register but once,
Q. Well, you never did. change your registration.* We’ll put 

it in your language*
A$ I never changed it myself,
Q. At any time? Eightf 
A® I served my military obligation. In fact, I served one 

year more than my military obligation.
Q. James, on February 3, 1956, you had a permanent address 

as 2305 Pasadena Street in the discharge that you got 
fro® the If* S. lovamment at the end of your first



.

217

hitch, didn*t you?
A. They always ja.it your home of record on your discharge*

My. home of record for both enlistments was Detroit, 
Michigan,-;

Q* When you got out of the army on the first hitch, you went 
into the reserves?

A* That*# correct, automatically* That is the law*
CL And then you went in. the second hitch you came out of the 

reserve arm. were shovelled to be in the regular army*
A* That is not true* 1 had an eight-year military obligation, | 
Q. You what?
A* An eight-year military obligation, and I served nine years, 

so I served one year .more than my obligation. My obli-
n ’i

gabion was up a ysar before 1 got out*
Q* James, do you recall that on Ĵ ly- 22, 1959, that you—

1958, that you were in the army dispensary or hospital, 
■whatever you call it?

 ̂ A* No, I wouldn*t recall any such date as that*
 ̂ Q. You wouldn't deny it, either, - would you?

A. No, sir*
Q. I hand you here a page from your army record dated July

22, 1958, and it shows "Dispensary* on there* What is 
that thing— what does it say? Can you read that?

A. I think 1 can make- it out* I can*t reall all this. What 
portion you want me to read*

Q. Just any part of it* Wh&t is this right here?
A. That is the date of Jul2&, 1958. "Has an emotional prob­

lem. He is very compulsive", I believe that is, and.

I



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ffMo problem interfering in normal living. Ha is
worried.»w I don’t know if 1 can make that out.
*H.e is worried about shortness of temper*.
MS®.. SE4JIBS; We ask these be marked for identification* 

(Same marked defendants exhibits 12 and 13 for identification)

MR* SRAMDS; We*& like the record to show that there 
has been marked for identification a page here which 
consists of two pages® It was $ust called to my attent­
ion, that both of these pages should have been marked, for 
i dent i f i c a. t i on«

!
THE COURT; J at it be marked*
MR® SHARDS: There are several other instances of that {
in this army record portion that we have here and 1 \

would., like the stenographer to let the identification 
be on both pages of a document, if it consists of two 
pages, instead of fust on one page, and I wanted the 
stenographer to conform to that.
THE COURT? Are they pages about which you examined 
the witness?
MR. SHARPS; . les, sir,
MRS. MOTLEY; This is going to be introduced into evi­
dence and we would like to make our objections to this. 
THE COURT; Be is not offering it now, as 1 understand 
it* I don’t know whether he will offer them or not later 
on* He has the opportunity of having them 'Marked for 
identification and introduce them later, or not intro- 
duelag them at all*



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MRS. MOTLEY: 1 thought he was about to introduce them* 
ME* SBAMD& Would you please mark the documents 1
hadd to you, Mr. S©porter, which the witness has ident-H
ified as his latter of January 31, 1961, addressed to 
the office of the registrar at the University of Miss­
issippi, Division of Student ^Personnel, University

of Mississippi, together with the application attached
thereto.
MRS* MOTLEY: That letter is already in evidence, 1
believe*
ME..* SKAIiOSi Then, let the record show I want the 
application marked*

(Same marked a,# Defendants Exhibits 14 thru 2Jkt incl#, for
identifieationI

MR* SHAN03s1 Even though the letter of January 31® 
1961, is made an exhibit to the complaint and also
has been introduced, as it is the letter that the 
application accompanied I would like to have it 
marked for identification, otherwise 1 think it is 
going to be a question of referring backward and 
forward*
TEE COURT: Ihry well, 1*11 let you have it marked
for identification.
(Same marked defendant fs Mo. 25 for- identification) 

(cross examination continues)
Q. Whan you sent this application in, the so-called certi.fi-

k

cates that you had attached to it did not contain



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220

any recommendation of you for admission to the uni­
versity, did they?

A* That is co rract*
Q, And you learned that they were inadequate and insufficient 

when? When did you learn that they didn't comply with 
and kind of requirement?

A. 1 knew that before I submitted the applications
Q* Oh, you did. I: see,* You knew that before you submitted 

the application, that these were insufficient and 
inadequate?

A. 1 knew 1 couldn't meet that portion of the requirement*
THE COURTi Let me interrupt* 1 assume you are 
going to have considerable more cross-examination#
ME. SHAMDSi Some more, not a great deal, but some 
little more®
THE COURT: 1 believe we511 take a recess at this time
and recess until 9*15 in the morning.

{Court recessed until 9*15 the following morning)

(Friday August 11, 1961, 9*15 a .in., hearing resumed)
Q. âiaes, I hand you what appears to be the original file copy 

of the original complaint which you filed in this law 
suit® 1 ask you to turn to page & and read the first 
three and a fraction lines cf it®

A. (reading) *...sum-accredited college and on the grounds that 
he did not have the required citizens alumni certif!-



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. U_________________ _ _________ _ _ ____ _________ _________________

cates and on other uadisclosed grounds.** 
the next line hm been struck out*

Q« What was that line astyped before it was stricken?
A* w**as of tbs tine of the filing-of this complaint the 

registrar had not•replied#*
Q« Who struck that line out, you? 
k« I don’t know who struck it out.
Q* 'Whose initials are to the right-hand-side?
A* Those are my initials#
Q. That complaint, from the face of it, appears to have bees

drawn prior to the time that you received the letter froi 
Mr. Ellis dated May 25 rejecting your application, is 
that correct?

A* That's correct*
ME. SHARDS: If the court please, on yesterday I
asked this witness the names of the people who wars 
present with him when he and they prepared the pamphlets 
distributed or put out in the name of M*I#A#S* Counsel 
for plaintiff made strenuous objection to that and the 
court sustained that objection* Among her reasons was 
that in her judgment, as counsel in 'the case, if 
expressed into the record and in that matter alone 
it might subject to those persons to, I believe, ex­
pulsion or penalizing action* The court sustained 
that objection* Subsequently I asked the witness, 
plaintiff James Merid&th, if he had been expelled from 
Jackson State College. He said no* In the .course of



232

®y examination of bis 1 'belie'?# that I made reference 
to the .fact that after the earlier public hearing in 
this cause, o? which tats hearing we are now engaged 
in is a continuation, as that hearing was recessed from 
Biloxi, at page £2 of the transcript of fiat testimony 
of this witness he stated two lines from the bottom 
that Walter Williams was the person, 1 think, who 
mentioned to him about toting* Sow, my point is that if 
this witness has testified about haring given testi­
mony about his having prepared, assisted in the pre­
paration of, those pamphlets that he produced here in. 
court, if lie has not been expelled then in ay humble 
judgment that completely refutes the statements made 
by counsel, 1 am making this observation tor two 

purposes, first, to protect the point that we think is 
well taken, that we are entitled to have from this 
witness as to who else at Jackson College participated 
la the preparation of those pamphlets of M«X.A,S*$ 
secondly, 1 want the record to be crystal clear as to, 
at this point;, our again referring the matter to the 
court on the objection made and the ruling of the court® 
THIS COURT? It this time t will adhere to my ruling,
I did not sustain it on the ground that it would cause

jt
any serious consequences, because that would sot be an - i 
excuse if it is relevant and competent. At this point j 
X think it is not relevant to the matters or would 
throw any light upon the credibility o? this* witness*



223 223

Q,. James, Do you recall when you went to Kosciusko the
first time to get some certificates signed as to— . 
Just a moment. Withdraw that and strike it from 
the record.
(Same is stricken)
MR. SHANDS: We have no further cross-examination
at this time.
THE COURT: Do you have any redirect?
MRS. MOTLEY: Yes, sir, Your Honor.

REDIRECT EXAMINATION
BY MRS. MOTLEY:
Q. Have you ever voted in the State of Mississippi?
A. No, Mam.
Q. Is this the poll tax exemption certificate that you took 

out of your pocket?
A. Yes, Mam.

MRS, MOTLEY: We'd like to have this marked. It is
marked now as Defendant's 1 for identification. We 
would like it marked for the plaintiff and want to 
offer it in evidence.
THE COURT: Let it be marked.
(Same received and marked Plaintiff's Exhibit No, 
28, which exhibit is not copied here as the origi­
nal will be sent up with original record.)

Q. Mr. Meridith, is this your application for registration, 
which you identified yesterday?



225 & 224 224

A. Yes, Mam.
MRS. MOTLEY: We * d like this marked and offered in
evidence.
THE COURT: Let it be marked.

(Same received and marked as Plaintiff's Exhibit Wo. 2 9» 
which exhibit is not copied here as the original will 
be sent up with original record.)

Q. Mr. Meridith, is this your application with letters of
recommendation attached that you identified yester­
day?

A. Yes, Mam.
MRS. MOTLEY: We'd like this marked and offer it
in evidence.
THE COURT: Let it be marked.
(Same received and marked Plaintiff’s Exhibit No. 50 
to 40, incl., respectively, which exhibits are not 
copied here as the originals will be sent up with 
original record.)
MR. SHANDS: May we let the record show those things
attached to that application are mere certificates 
of good moral character.
MRS. MOTLEY: The documents speak for themselves.
MR. SHANDS: That is all right. I just wanted to
keep the record straight.
MRS. MOTLEY: I think that is all for the plaintiff.
THE COURT: Any re-cross?
MR. SHANDS: May I make this observation: I am



2 2 4  & 22 5 225

wondering If it would be service to counsel for 
plaintiff, to the court, to the plaintiff and to 
the reporter to let each one of the documents which 
constitute the total application be marked, instead 
of just maybe marking the first page, (The same 
were so marked) There is one question, which I 
overlooked asking on my cross examination and which 
I don’t think there can be any objection to or 
reticence about my asking.

RECROSS EXAMINATION BY M R . SHAKOS:
Q. James, on the same day that you registered in the office 

of the Circuit Clerk and Registrar of Hinds County, 
did you also go over and register on the voter 
books, or registration books of the City of Jackson?

A. That's correct, the registrar told me to go over there 
and get on the books, and I did.

Q. You did register in the City of Jackson?
A. I did.

MR, SHANDS: That is all.
THE COURT: Stand aside.

(WITNESS EXCUSED)

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