Chambers v. Florida Record and Briefs

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SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1939

No. 195

ISIAH (IZELL) CHAMBERS, JACK WILLIAMSON, 
CHARLIE DAVIS a n d  WALTER WOODWARD 
(WOODARD),

vs.
Petitioners,

THE STATE OF FLORIDA.

PETITION FOR WRIT OF CERTIORARI TO THE 
SUPREME COURT OF THE STATE OF FLOR­
IDA AND BRIEF IN SUPPORT THEREOF.

L eon  A. R ansom ,
S. D. M cG il l ,
T hubgood M arshall , 

Counsel for Petitioners.



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INDEX.

S u b je c t  I n dex .
Page

Petition for writ of ce rtio ra ri......................................  1
Summary statement of matter involved .............  1

1. Present status of case................................  1
2. Salient facts ..............................................  3

Reasons relied on for the allowance of the w rit.. 15
Prayer for the w r i t ................................................  16

Brief in support of p e titio n ..........................................  17
Opinion of the court below....................................  17
Jurisdiction ...........................................................  17
Statement of the c a s e ............................................  20
Conceded f a c ts ........................................................ 22
Argument ...............................................................  25
Conclusion .............................................................  32

T able of Cases C ited .

Brown v. Mississippi, 297 U. S. 278............................. 19
Casey v. State, 156 So. 283 (F la .) ................................  29
Chambers et al. v. State, 151 So. 499 (F la .)............  2, 21
Chambers et al. v. State, 152 So. 347 (F la .) ............. 2, 21
Chambers et al. v. State, 158 So. 153 (F la .) .............. 3, 21
Chambers et al. v. State, 167 So. 697 (F la .)........ 3, 21, 24, 27
Coffee v. State, 25 Fla. 501, 6 So. 493............................. 28
C atts v. State, 45 Fla. 491.............................................. 30
Davis v. State, 90 Fla. 317,105 So. 843........................  25
Deiterle v. State, 98 Fla. 739,124 So. 47.....................  25
Hopt v. People of Utah, 110 U. S. 574......................... 29
Johnson v. Zerbst, 304 U. S. 458................................  19
Mathieu v. State, 101 Fla. 94,133 So. 550..................... 25
Moore \ .  Dem.psey, 261IJ. S. 86....................................  20
Neal v. Delaware, 103 IJ. S. 370....................................  19
Nickels v. State, 90 Fla. 659, 106 So. 479..................... 29
Pierce v. U. .S'., 160 V. S. 355........................................  29
Powell v. Alabama, 287 U. S. 45....................................  19, 30
Sparf v .U .S ., 156 U. S. 51............................................  29
Strauder v. West Virginia, 100 IT. S. 303..................... 19

—4315





OCTOBER TERM, 1939

SUPREME COURT OF THE UNITED STATES

No. 195

ISIAH (IZELL) CHAMBERS, JACK WILLIAMSON, 
CHARLIE DAVIS and WALTER WOODWARD
(WOODARD), Petitioners,

vs.

THE STATE OF FLORIDA.

PETITION FOR WRIT OF CERTIORARI.

To the Honorable the Supreme Court of the United States:

Your petitioners, Isiah (Izell) Chambers, Jack William­
son, Charlie Davis and Walter Woodward (Woodard), re­
spectfully show:

A.

Summary Statement of the Matter Involved.
1. P resen t  S tatus oe t h e  Case.

Petitioners, Isiah (Izell) Chambers, Jack Williamson, 
Charlie Davis and Walter Woodward (Woodard), are now 
confined in the State penitentiary in the State of Florida 
under sentence of death for murder. Petitioners are all

1 p



2

young, destitute and ignorant Negroes, charged with and 
convicted for the murder of one Robert Darcey, a white 
man, in June, 1933. At the arraignment, May 24, 1933, 
petitioners Jack Williamson and W alter Woodward (Wood­
ard) pleaded guilty to the indictment and petitioners 
Charlie Davis and Isiah (Izell) Chambers pleaded not 
guilty. The court (the Circuit Court of Broward County, 
Florida) set their trial for June 12, 1933. On that date peti­
tioner Charlie Davis, under circumstances that will here­
after more fully appear, entered a plea of guilty, and the 
petitioner Isiah (Izell) Chambers was immediately put upon 
trial and convicted of murder in the first degree, the con­
fession hereinafter referred to, and the testimony of the 
three other petitioners being used against him. On June 
17, 1933 the Circuit Court of Broward County, Florida 
passed sentences of death upon all four of your petitioners 
herein.

The date of execution was fixed for August 4, 1933, but 
a writ of error was sued out to the Supreme Court of Flor­
ida, which, on December 19, 1933, affirmed the judgment and 
sentences of the Circuit Court of Broward County (see 
Chambers, et al. v. State of Florida, 151 So. 499). The 
petitioners were not represented by counsel in the Supreme 
Court of Florida upon the said writ of error as will more 
fully appear from the text of the opinion. Thereafter, upon 
petition properly presented, the Supreme Court of Florida 
permitted petitioners to file their applications in the Cir­
cuit Court of Broward County, Florida, praying the trial 
court to issue a writ of error coram nobis (Chambers, et al., 
v. State of Florida, 152 So. 347). The application for a writ 
of error coram nobis came on to be heard before the Honor­
able George W. Tedder, Judge of the Circuit Court of Brow­
ard County, Florida, April 20, 1934. On May 2, 1934, the 
application was denied by said court and from this order 
denying the issuance of a writ of error coram nobis a writ



3

of error was sued out in the Supreme Court of Florida, 
which held that the issues were triable by a jury and re- 
vesed and remanded the decision of the trial court (Cham­
bers, et al., v. State of Florida, 158 So. 153). Thereafter 
this cause came on to be heard again upon the issues joined 
before a jury on February 21, 1935, resulting in a verdict 
and final judgment in favor of the respondent herein. From 
this final judgment a further writ of error was sued out 
in the Supreme Court of the State of Florida, and which, 
for manifest error, reversed and remanded the judgment 
of the trial court (Chambers, et al., v. State of Florida, 167 
So. 697).

On October 12, 1936, the cause came on to be heard again, 
and upon proper representations and proceedings, was 
transferred from the Circuit Court of Broward County to 
the Circuit Court of Palm Beach County, Florida, resulting 
in a verdict and final judgment thereon in favor of the 
respondent herein. From this final judgment a writ of 
error was sued out to the Supreme Court of Florida, which 
on March 3, 1939, did affirm said judgment, and did, there­
after, upon the 11th day of April, 1939, after consideration, 
deny petitioners’ application for a rehearing therein.

2. S a lien t  F acts.

Bobert Darcey, a white man, was murdered in Pompano, 
Florida, a small town in Broward County, Florida, about 
twelve miles from F ort Lauderdale, on Saturday night, May 
13, 1933 about nine o’clock. Some twenty-five or thirty 
Negroes of the vicinity were arrested on that night and the 
following day, Sunday, May 14, 1933, on suspicion. All 
of them were later released except your petitioners herein. 
Feeling among the citizens of Broward County ran high and 
there was talk of mob violence. Captain J. T. Williams, a 
convict guard, who had no official connection with the officers 
of Broward County, and who appears to be a volunteer, and



4

Sheriff Clark, of the County, removed Isiah (Izell) Cham­
bers and Jack Williamson, two of the petitioners herein, 
to Miami, in Dade County, eighteen miles away, for pro­
tection. They were brought back to Fort Lauderdale to the 
Broward County jail the next day, however, Tuesday, May 
16, where they all signed confessions on May 21, 1933, and, 
on May 22, 1933, were jointly indicted with the other two 
petitioners, Walter Woodward (Woodard) and Charlie 
Davis, being charged with the murder of Robert Darcey.

In  support of their assignments of error that the con­
fessions were not freely and voluntarily given, but were 
extorted by torture and violence, and that they were de­
nied the benefit of counsel, all in violation of the equal 
protection and due process clauses of the Fourteenth 
Amendment to the Constitution of the United States, peti­
tioners adduced the following evidence at the hearing 
herein:

Jack Williamson testified in substance that he was awak­
ened on Sunday night, May 14, 1933, about 11 or 12 o’clock 
by Sheriff Bob Clark, Chief Maddox and some three or 
four other men (R. 15). He and the other three petitioners 
were handcuffed and taken to a car to which a fourth man 
was chained and the five of them were taken to the Fort 
Lauderdale jail (R. 16). The officers made them trot to 
the car because they said they were dodging a mob which 
was after the petitioners (R. 16). Upon Williamson’s a r­
rival at the jail he was taken into a room where Chief 
Maddox sat him in a chair, stuck a pistol in his neck and 
Bob Clark hit him with a pistol (R. 17). About daylight 
he was again taken to this room where J. T. Williams (a 
man weighing approximately 230 or 240 pounds) struck 
him with a loaded bicycle tire, knocking him out of the 
chair, cursing him and kicking him when he attempted to 
arise (R. 17). He was walked to different parts of the jail 
many times during that day and after dark and after that



5

they were taken to the jail at Miami (R. 18). They had 
no knowledge of where they were being taken until Sheriff 
Clark told a speed cop who stopped them that he was taking 
some Negroes to Miami to escape a mob (R. 19-20). When 
they reached Miami, J. T. Williams told them to “ take that 
light son-of-a-bitch and put him in one of the death cells” 
(R. 20). He was returned to the Broward County jail 
about 2 A. M. the following morning (R. 20). About two 
hours after his return to Broward County he was taken 
from his cell and J. T. Williams again beat him over the 
head with the loaded bicycle tire and with his fist (R. 21). 
Captain Williams told him it wasn’t what he wanted to 
say but what they told him to say (R. 22). He was walked 
back and forth and severely beaten all night (R. 22). He 
didn’t sleep any that night (R. 22). The next morning he 
read in the paper that Frank Manuel and Mack Little had 
confessed to the crime (R. 22). Thursday he was taken from 
his cell in the morning and again in the afternoon, beaten 
and knocked out of the chair. Williams said, “ Don’t you 
know that some nigger has got to die for this and we just 
as soon it be you as any one. All we got to do is blow 
a long whistle and the whole mob of Pompano will be here 
for you in a few minutes” (R. 23). They came for him 
again that-night and beat him and knocked him unconscious 
(R. 23). About daylight Thursday morning they again 
beat him in an effort to make him say that he knew Charlie 
Davis. Friday morning he denied knowing Charlie Davis 
and was terribly beaten (R. 23-24). Friday and Saturday 
he was again beaten. They walked him back and forth and 
beat him off and on all day Saturday (R. 24). Again he 
was beaten into unconsciousness (R. 24). They continued 
to beat him off and on and finally got a grass rope, tied it 
around his neck and pulled him up, beating him all the 
while until he was unconscious, snatching him up and telling 
him what to say. He couldn’t remember what it was they



6

wanted Mm to say and three times this procedure was re­
peated (R. 25). He could hear the other prisoners yelling 
and he could hear the licks given them but couldn’t see 
them (R. 25). This was continued all the week (R. 25). 
Then he was taken to a room across the hall where Captain 
Williams and the jailer had Charlie Davis, Walter Wood­
ard, Izell Chambers and some other men whom he didn’t 
know (R. 26). He made the desired confession because he 
was sure they were going to kill him; they had told him 
they would kill him (R. 27). The confession was made 
about sunrise Sunday morning (R. 27). He didn’t enter 
a plea of guilty when he was brought into court though 
he had been told to do so (R. 28). Sheriff Clark and Captain 
Williams went to his cell early that morning and told him 
when the Judge asked him if he was guilty he had better 
say yes (R. 28). Prince Douglas, one of the trustees, visited 
his cell and gave him some salve to put on the places where 
he was cut on the back of him head where Captain Williams 
had hit him. Douglas put some of the salve on his head 
(R. 29). The wounds made by Captain Williams on Thurs­
day night and by Bob Clark on the night he was arrested 
were exhibited to the jury (R. 29). Sheriff Clark inflicted 
a V-shaped scar on his head (R. 30). He didn’t make any 
confession on the night of his arrest (R. 33). He said what 
they told him to say about sunrise Sunday morning (R. 38). 
He doesn’t remember now what he said because he had been 
carried over it many times (R. 39-40). Off and on all day 
Sunday Sheriff Clark and Captain Williams came to his 
cell and rehearsed what he was to say (R. 41). J. T. Wil­
liams did most of the beating and tied the rope around his 
neck (R. 43). The rope was thrown through a crack to a 
bar on one side and he was swung up on it (R. 43). He 
didn’t know Charlie Davis until he met him in jail at Fort 
Lauderdale (R. 44). His lawyer, W. C. Mather, told him 
there wouldn’t be any use of him giving any names (of



7

witnesses to prove his ipnocence) because they wouldn’t 
be allowed to take the stand (E. 46).

Walter Woodard testified that at the time of his arrest 
he was in bed where he had been since 9 that night (E. 49). 
He was awakened by being tapped on the feet with a club. 
He was trotted out to the car without shoes and taken with 
five others to the Broward County Jail (E. 50). Monday 
afternoon he was taken before Captain Williams, Mr. Mar­
shall the jailer, Sheriff Clark and three other men (E. 51). 
He was told he was lying when he said he knew nothing of 
the homicide and that he would have to come straight (E. 
51). He was taken out several times during the week and 
questioned and was struck every time he went down except 
the first (E. 51). Sometimes his feet were stamped and he 
was kept without shoes the whole time, even sent to Eaiford 
without shoes. Whenever he stated that he knew nothing of 
Charlie Davis or the crime, Captain Williams would stamp 
his feet (E. 52). He was told he didn’t need shoes for the 
trial and was forced to walk on the cold concrete in his bare 
feet (E. 52). On the night of the 20th of May he was 
beaten (E. 53). He was stamped and brutally beaten with 
a club which left a scar in his side (E. 53). He was told that 
Jack had “ come across”  and he should do likewise (E. 53). 
He was taken out several times during the night of the 20th, 
and around 2 A. M., was told if he wanted to live until sun­
rise, it would be better to come across because Williamson 
had said he was one of the boys in it, but he still denied it. 
Captain Williams drew his gun to his head and told him if 
he said another time he was not there and that he did not 
have a part in the crime, he would kill him and throw him 
out of the window (E. 54). He—Captain Williams—was 
crying. He said that Woodard had told lies and kept him 
sitting up all the week and he was tired (E. 55). Mr. Clark 
got between Woodard and Captain Williams and Captain 
Williams said, “ You had better take him out of here, if you



8

don’t I  will kill him ” (R. 55). Captain Williams told him 
if he didn’t confess, he would take him out to West Dixie 
(R. 55). Woodard agreed to say “ what they wanted him 
to say,”  and the S ta te ’s Attorney was sent for about one 
or two o’clock Saturday night (R. 55). He didn’t have any­
thing to tell Mr. Maire but realized that if he didn’t tell him 
something, Captain Williams might kill him since he had 
been threatening his life all that week (R. 55). The state­
ments he gave Mr. Maire he was told were no good and Mr. 
Maire tore his notes up and told Captain Williams when he 
got something he would come back; that it was late and he 
had to go hack and go to bed (R. 56). Captain Williams 
then put the grass rope around his neck and strangled him 
saying that if he wasn’t going to tell the truth he was.going 
to kill him (R. 56). A second time the rope was put around 
his neck and twisted, strangling him. Captain Williams 
swearing at the time that he would kill him if he didn’t say 
he was present (R. 57). He agreed and was taken into the 
room where the confessions were to be taken (R. 57). The 
Sheriff, J. T. Williams, Walter Clark, Mr. Maire and the 
deputy Clerk were all in the room awaiting the confession 
(R. 57). He was not represented by counsel. Counsel had 
been appointed but only told him to plead guilty (R. 58). 
Before he was taken into the court room, Walter Clark and 
Captain Williams came to his cell and asked him if he was 
going to stick to what he said, adding that if he tried to 
change his statement in the court room he wouldn’t live until 
the next morning because the majority of the people in 
Pompano were from Georgia and believed in mob violence 
and they would lynch all niggers; he would turn the keys 
over to them (R. 59). He didn’t know he had an attorney 
until he was informed that his attorney’s name was Mr. 
Mather and that he had been appointed to represent him 
(R. 59). Mr. Mather told him the sentiment of the people 
of Broward County was highly against him and the best



9

thing he could do was to go down and plead guilty (R. 59). 
He confessed because he weakened under the torture and 
strain (R. 71). The record in the case shows that no lawyer 
was appointed (R. 72). During the several days between 
the time of his confession and Izell Chambers’ trial, Cap­
tain Williams continued to threaten him, telling him what 
the consequences would be if he went before the .jury and 
changed his statements (R. 73). He did not tell his lawyer 
about the torture through which he had gone because he had 
only a ten minutes’ talk with him before he was brought 
before the Judge and was instructed by him to plead guilty 
and get out of the court room as soon as possible because 
of the sentiment of the people of that county (R. 74).

Charlie Davis testified that he was preparing for bed 
when Chief Maddox, name to Ms room, told him to, stand 
back and began searching (R. 77). He was taken to the 
small jail in Pompano. On Sunday morning he was taken 
by Sheriff Clark to the Broward County jail (R. 77). He 
fell asleep on a small steel bunk with no mattress and was 
awakened by someone kicking him (R. 77-78). He was ques­
tioned by a large man who knocked him under the bunk, 
when told he didn’t know what he was talking about. He 
was knocked senseless (R. 78). The man who struck him. 
he later learned, was Captain Williams. The following 
morning he and another prisoner were tied together and 
taken to the jail at Fort Lauderdale (R. 79). Tuesday or 
Wednesday, Captain Williams and another officer hit him, 
the other officer striking him in the same place twice (R. 82). 
Later in the day he was taken to Pompano, double hand­
cuffed to Captain Williams (R. 82). He was questioned 
and told he was lying when he said he didn’t know any­
thing about the other boys. Captain Williams told him he 
was going to know something before it was over (R. 83). 
Later that night he was knocked off the chair and kicked 
by Walter Clark when he denied knowing anything about

2 p



10

the other prisoners (E. 83). He was told that a mob was 
after him and he would be shot and made to jump out of the 
window (R. 83). He was beaten by Mr. Clark and told 
that he hadn’t started. He was hit one time with a black 
jack (E. 83). On Saturday night Captain "Williams asked 
Davis if he knew who he was. Davis replied that he never 
saw him before until he came in and beat him up. Captain 
Williams ordered him not to say that any more (E. 84). 
He told Davis that he was foreman of a chain gang camp 
and nobody “ excuses” his word. He kicked him and told 
him he was going to take him to West Dixie and a man 
accompanying Captain Williams hit him in the same place 
he had been hit before with a rubber hose (E. 85). He 
was then at the point where he would have said anything 
to avoid further punishment (R. 85). Captain Williams was 
the man who did most of the beating (E. 85). Captain Wil­
liams started to put a rope around his neck but didn’t 
because some one else came in (E. 86). But he told him 
he was going to string him up like he had done some others 
who were in jail (E. 86). He was threatened all Saturday 
night and didn’t get any sleep (E. 87). Captain Williams 
had the prosecuting attorney come over and when he left he 
hit Davis and told him if he didn’t say what he wanted 
him to say he wouldn’t see daylight the next morning. Davis 
agreed to say what he wanted him to say, if he wouldn’t 
hit him again or give him to the mob, which he had been 
told was outside (R. 87). Davis made his confession the 
next morning because he was told by Captain Williams that 
if he didn’t he would either kill him himself or give him 
to the mob (R. 89). When he was being taken from the 
court room by the jailer, Captain Williams hit him and he 
again promised to say what he had been told (E. 90). He 
was afraid of Captain Williams most of all because he had 
beat him unmercifully (R. 91). His beatings began about 
2:30 the night of the arrest (R. 93). For a week he was



11

questioned, kept without sleep and beaten every night (R. 
95).

I sell Chambers testified that he was awakened about
11 o’clock on the night of May 14, 1933 and arrested along 
with three other men (R. 112). He was taken to the fourth 
floor of the jail at Fort Lauderdale and Virgil Wrig’ht and 
Chief Maddox began beating him (R. 112). On Monday 
night he was taken to Miami because, as he was told, a mob 
of fifty cars filled with men was waiting to take the lives of 
the petitioners (R. 113). They were taken down the fire 
escape and through the back of the jail (R. 113). Captain 
Williams said they deserved lynching (R. 113). At about
12 or 1 :30 that night they were taken back to the Broward 
County jail and the beating was resumed (R. 114). He 
was told by Captain Williams that they had seen his wit­
nesses and they told the same story he told, but they were 
not going to accept it (R. 115). Then they began beating 
him again and threatening to kill him or turn him over to 
the mob. He didn’t get any sleep (R. 115). He showed 
a scar and several bruises which he said he received as a 
result of the beatings (R. 115). They told him he had 
kept them up all week and caused them to lose their sleep 
but they were not going to stay up another night messing 
with him (R. 116). He was going to confess the truth 
Saturday night or they would kill him or turn him over to 
a mob (R. 116). Captain Williams beat him, kicked him, 
struck him on his knees, causing them to bleed and said 
he would rather kill him himself than let the mob have him 
(R. 117). Chambers told them if they wouldn’t kill him 
he would say ‘anything they wanted him to say’ (R. 117). 
At about 5 :30 Mr. Maire came in to take what he said (R. 
118). He didn’t plead guilty before the Judge. Captain 
Williams asked him why he didn’t plead guilty and upon 
being told that he was innocent Captain Williams told Mr. 
Marshall they had better take him away from there before



12

lie killed him (R. 119). He was taken to the Miami jail and 
kept there for about two weeks (R. 119).

IV.

The respondent offered evidence in opposition to the peti­
tioners ’ claim that the confessions were illegally obtained 
in substance as follows :

A. D. Marshall, the jailer, said that he was present on that 
Saturday night and did go and get the prisoners whenever 
the Sheriff told him and bring them up for questioning (R. 
306). They began questioning the petitioners along about 
4 o’clock Saturday afternoon. They took a recess about 6 
(R. 306). Captain Williams was there all of the time when 
questions were asked the petitioners (R. 313-314).

Hon. Louis Maire, S tate’s attorney, testified that he was 
called over to the jail that Sunday morning about 2 :30. He 
left the jail about 3 o’clock A. M., and got some sleep and 
came back again at 6 :30 Sunday morning, when these con­
fessions were signed (R. 265). W alter Woodard is corro­
borated at this point by Mr. Maire because Woodard says 
that Mr. Maire refused to accept his first story that he 
told him in the office that morning about 3 o ’clock. Mr. 
Maire tore his first story up and told Captain Williams 
that the story was no good and when they got something 
out of Woodard he would come back; that it was late and 
he had to go back and go to bed (R. 56).

Sheriff Clark’s testimony in substance shows that these 
confessions were not freely and voluntarily given. When 
asked how many hours the defendants could have had sleep 
that night when these confessions were made, the Sheriff 
sa id :

“ Q. How many hours sleep did they have the oppor­
tunity to get that night?

“ A. They could have slept all night, except I  would 
say three hours, two hours and a half or three hours.



13

“ Q. Wliat was the reason for bringing them out and 
having them returned to the cell and then later bring­
ing them out again?

“ A. Because I  would question one of them, and he 
would tell me some story about where he was at on 
Saturday night, and put him back in the cell and check 
on that and find out that he wasn’t there, he was telling 
me a lie about it, and then bringing him out and we 
would question him again, I  tell him I  checked on the 
last story he told me, tell him I checked on it, and he 
would tell me a different story about where he was at 
and what he was doing on Saturday night” (E. 276).

Again the Sheriff says that during the night’s question­
ing he would lie down and take a nap after having some 
sandwiches and coffee (E. 277).

Prince Douglas, the additional State witness, testified for 
the first time in this case. He said he was a cook in the 
Broward County Jail on the Sunday morning, May 21, 
1933, when these alleged confessions were made (E. 160). 
That he served sandwiches and coffee to Sheriff Clark and 
others including Captain J. T. Williams, the convict guard, 
all night Saturday night (E. 161). He began to serve these 
officers and others present in,the ja ile r’s office on the third 
floor of the jail about 8 :30 Saturday night, and continued 
all night until those confessions were obtained the next 
morning about daylight. The petitioners were brought in 
at different intervals all night, questioned and cross-ques­
tioned by those to whom the cook served sandwiches and 
coffee (E. 163).

But, aside from the fact that the confessions relied upon 
for the conviction and sentencing of the petitioners herein 
were extorted by torture and brutality, a graver and more 
serious denial of due process of law (assuming for the pur­
poses of argument that there can be one graver) appears 
in the fact that petitioners were denied the benefit of coun­
sel in a proceeding in which their very lives were at stake.



14

The question of the appointment of counsel for defendants 
charged with a capital offense, when they are unable to em­
ploy counsel of their own, is a serious one. All of the 
authorities hold, apparently, that the accused should have 
the assistance of counsel before arraignment in court. 
Accused should have the opportunity to employ counsel of 
his own choosing before one is appointed, but in no case 
should he be arraigned to plead to a capital offense without 
the court has appointed counsel to represent him if he has 
none and is not able to employ one. In this case it is defi­
nitely settled by this record that no counsel was ever ap­
pointed by the court to represent petitioners. The nearest 
approach to the appointment of counsel will be found in the 
transcript where Mr. Griffis says that he first knew that he 
was to represent certain of the defendants when Judge Ted­
der met him on the streets and told him that he had ap­
pointed him and Mr. Mather to represent certain of the de­
fendants. Which two of the defendants he was to represent 
he did not know and Judge Tedder did not tell him. Mr. 
Griffis says that he never talked with his clients or saw them 
before the day they were arraigned, May 24, 1933 (R. 137). 
He had notice only the day before of his appointment (R. 
137-138). He learned from the Clerk whom he was to rep­
resent; the judge never told him (R. 138). Charlie Davis, 
one of the petitioners Attorney Griffis represented, pleaded 
Not Guilty at the arraignment. A day or so later, however, 
Charlie Davis changed his plea from Not Guilty to Guilty 
without ever having consulted his attorney, and strangely 
enough, the attorney neved knew that the client wanted to 
change his plea until Captain Williams, the convict guard 
volunteer, came to his office and told him that his client 
wanted to change his plea (R. 139).

W. C. Mathers was told by Judge Tedder, according to 
his testimony, some ten (10) days before the indictment of 
the defendants that he wanted him to represent two of the



15

defendants (R. 190). Mr. Mather did not know which two 
of the defendants he was to represent and the Judge had not 
told him (R. 192).

A mere reading of the testimony of both of these lawyers 
shows that they were not appointed by any court order so 
that they could definitely know whom they were to represent 
and certainly they were not appointed in time to seasonably 
consult with their clients in order to prepare any sort of 
defense as contemplated by the statutes of Florida and the 
Constitutions of the State of Florida and of the United 
States in such cases. The defendants had a constitutional 
right to consult with their attorneys and unless the attorneys 
knew definitely whom they were to represent and the clients 
knew definitely who their lawyers were, and in time to sea­
sonably prepare for the pleas and trials, they were denied 
the constitutional rights guaranteed them under the Four­
teenth Amendment to the Constitution of the United States.

B.

Reasons Relied on for the Allowance of the Writ.

1. The conviction of petitioners upon confessions and 
pleas of guilty extorted by violence and torture, both of 
which were obtained by agents and officers of the State of 
Florida while acting in their official capacities, is a denial 
of the equal protection and due process of the law guar­
anteed by the Fourteenth Amendment to the Constitution 
of the United States. 2

2. The failure to give petitioners opportunity to employ 
counsel of their own, and the appointment of counsel (if 
such there was) who failed to seasonably and properly con­
sult with and advise petitioners of their rights in the prem­
ises and to adequately represent them in the proceedings 
below is a denial to the petitioners herein of the due process



16

of law guaranteed them and each of them by the Fourteenth 
Amendment to the Constitution of the United States.

Each of the above questions were seasonably and properly 
raised in the trial court below and both the Circuit Court 
of Palm Beach County, Florida and the Supreme Court of 
the State of Florida denied the Federal questions Involved. 
Petitioners have exhausted their remedies in the state courts 
of the State of Florida.

In support of the foregoing grounds of application your 
petitioners submit the accompanying brief setting forth in 
detail the precise facts and arguments applicable thereto. 
Petitioners further state that this application is not tiled 
for the purposes of delay.

Wherefore your petitioners pray that this Court, pursu­
ant to United States Judicial Code, Section 237b, as amended 
by Act of February 13, 1925, 43 Stat. 937, issue a W rit of 
Certiorari to revise the judgment of the Supreme Court of 
the State of Florida, affirming the decision of the Circuit 
Court of Palm Beach County, Florida, dismissing your peti­
tioners ’ application for a writ of error coram nobis, as afore­
said.

All of which is respectfully submitted this 11th day of 
July, 1939.

I s ia h  ( I z e l l ) C h a m b e r s ,
J ack W illia m so n ,
C h a r lie  D avis, a n d  
W alter W oodward (W oodard),

Petitioners.
By L eon  A. R ansom ,

1512 Girard St., N. E., 
Washington, D. C.

S. D. M cG il l ,
610 W. Duval St.,

Jacksonville, Fla.



SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1939

No. 195

I SI AH (IZELL) CHAMBERS, JACK WILLIAMSON, 
CHARLIE DAVIS and  WALTER WOODWARD
(WOODARD), Petitioners,

vs.

THE STATE OF FLORIDA.

BRIEF IN SUPPORT OF THE PETITION FOR WRIT 
OF CERTIORARI.

I.

Opinion of the Supreme Court of Florida.
The opinion of the Supreme Court of the State of Florida 

has not been officially reported. A certified copy thereof 
is found in the record, pages 350-360. A Motion for Re­
hearing was denied in a memorandum opinion appearing- 
in the record, p. 360.

II.

1.

Jurisdiction.
The statutory provision is United States Judicial Code, 

Section 237b, as amended February 13, 1925, 43 Stat. 937.



18

2.

The date of judgment is March 3, 1939, on which date the 
Supreme Court of the State of Florida affirmed the order 
and judgment of the Circuit Court of Palm Beach County, 
Florida, denying petitioners’ application for a writ of error 
coram nobis (R. 381-389). A petition for rehearing was 
filed and denied on April 11, 1939 (R. 360, 367).

3.

That the nature of the case and the rulings below bring the 
case within the jurisdictional provisions of Section 237b, 
supra, appears from the following:

A.

The petitioners herein specifically raised a Federal ques­
tion in their assignments of error in this cause (R. 1) which 
was denied by the respondent. Where convictions and sen­
tences of death rest solely upon confessions shown to have 
been extorted from prisoners by the officers having them in 
charge such acts violate the Fourteenth Amendment to the 
Constitution of the United States in that it denies the peti­
tioners their rights thereunder. The claim of constitutional 
rights was also raised by petitioners specifically at the 
trial in this cause, and the trial court in overruling peti­
tioners’ motion for a new trial expressly recognized and 
passed upon such Federal question (R. 329). Again the 
Federal questions were specifically raised in this cause 
when the case was taken to the Supreme Court of Florida by 
Assignment of Error, No. 12 (R. 334). The Supreme Court 
of Florida duly considered and passed upon the Federal 
question adversely to the petitioners, as will more fully 
appear from the opinion of the court (R. 351). The claims 
that were made by your petitioners and denied by the State 
courts a re :



19

That they were denied the due process of law and the 
equal protection of the law by the Circuit Court of Broward 
County guaranteed by the Fourteenth Amendment to the 
Constitution of the United States in that:

(a) They were not given a fair, impartial and deliberate 
tr ia l;

(b) They were denied the right of counsel with the accus­
tomed incidents of consultation and preparation for arraign­
ment and trial as provided by law ;

(c) The alleged confessions of petitioners were obtained 
by force and duress and were inadmissible as such;

(d) The pleas of guilty were likewise made under such 
circumstances as to render them illegal and insufficient, 
being entered shortly after their extra-judicial confessions, 
illegally obtained only a short time before said pleas were 
entered.

4.

The following cases, among others, sustain the jurisdic­
tion of the court:

. “A
Powell v. Alabama, 287 U. S. 45, established that the fail­

ure to give reasonable time to secure counsel to ignorant 
and illiterate youths charged with a crime punishable by 
death is a denial of due process and the assignment of coun­
sel at such a time and under such circumstances as to pre­
clude the giving of effective aid is a denial of due process 
of law. See also, Strauder v. West Virginia, 100 U. S. 303; 
Neal v. Delaware, 103 U. S. 370; and JBrown v. Mississippi, 
297 U. S. 278, all of which are authority for the view that 
the duty of maintaining constitutional rights of a person 
on trial for his life transcends mere rules of procedure. 
And in Johnson v. Zerbst, 304 U. S. 456, it was stated that 
the denial of constitutional rights to the accused person 
deprives the trial court of jurisdiction.



20

In Brown v. Mississippi, supra, it was held that the 
use of confessions obtained by coercion, brutality and vio­
lence as a basis for convictions and sentences constituted a 
denial of due process. See also, to the same effect, Moore 
v. Dempsey, 261 U. S. 86, and Powell v. Alabama, supra.

III.

Statement of the Case.
Robert Darcey, a white man, was murdered in Pompano, 

Florida, a little town in Broward County, about twelve 
miles from Fort Lauderdale, on Saturday night, May 13, 
1933, about nine o’clock. There were some 25 or 30 Negroes 
arrested on suspicion and put in jail that same night and 
the following day, Sunday, May 14, all of whom were later 
discharged except the four petitioners herein.

Feeling among the citizens of Broward County ran high 
and there was talk of mob violence. Captain J. T. Williams 
and Sheriff Clark took no chance and on Monday, May 15, 
1933, they took Izell Chambers and Jack Williamson, two of 
the petitioners herein, to Miami in Dade County, eighteen 
miles away, for protection. They were brought back to Fort 
Lauderdale to the Broward County jail the next clay, how­
ever, Tuesday, May 16, where they all signed confessions 
May 21, 1933, and on May 22, 1933, were jointly indicted 
with the other two petitioners, Walter Woodward and 
Charlie Davis, charged with the murder of Darcey.

When these petitioners were arraigned in court two days 
later, May 24,1933, Jack Williamson and Walter Woodward 
pleaded guilty to the indictment while Charlie Davis and 
Izell Chambers pleaded not guilty to the indictment and the 
court set their cases for trial June 12, 1933. At the trial 
June 12, 1933, the S tate’s Attorney stated to the court 
that all of the defendants had pleaded guilty to the indict­
ments except Izell Chambers, who was immediately tried



21

and convicted of murder in the first degree, the confession 
signed by him May 21, 1933, being used in evidence against 
him, and the other three defendants testifying against 
him also. On June 17, 1933, the court passed sentences 
of death upon Izell Chambers, who had been tried and found 
guilty, and on the other three defendants who had pleaded 
guilty to the indictments.

A day was fixed by the Governor of the State for the 
executions, but on August 4, 1933, the Supreme Court of 
Florida issued its writ of error to the Circuit Court of 
Broward County, Florida, and upon a review of the case 
thus made upon said writ of error, the judgments were 
affirmed December 19, 1933 (Chambers et al., v. State of 
Florida, 151 So. 499). The petitioners were not represented 
by counsel in the Supreme Court upon the said writ of error 
as will more fully appear from the text of the opinion.

Later, upon petition duly presented, the Supreme Court 
of Florida allowed petitioners to file their applications in 
the Circuit Court of Broward County, Florida, praying 
the trial judge to issue a writ of error coram nobis (Cham­
bers et al. v. State of Florida, 152 So. 347).

The petitioners then filed their application before the trial 
judge for the issuance of a writ of error coram nobis, which 
said petition came on to be heard before the Honorable 
George W. Tedder, Judge of the Circuit Court of Broward 
County on April 20, 1934, and on May 2, 1934, the applica­
tion for the writ of error coram nobis was denied by order 
of said judge and from the order denying the petitioners’ 
application for the writ of error coram nobis, a writ of 
error was sued out in the Supreme Court of the State of 
Florida (Chambers et al. v. State of Florida, 158 So. 153).

The cause being reversed, and issue again being joined 
therein, the matter came on for trial another time on Feb­
ruary 21, 1935, resulting in a jury verdict adverse to peti­
tioners and a subsequent final judgment on said verdict.



2 2

From this final judgment a further writ of error was 
sued out and upon consideration thereof said final judgment 
was reversed (Chambers et al. v. State of Florida, 167 So. 
697).

On October 12, 1936, issue having again being joined in 
this cause and the same having been transferred by proper 
proceedings from the Circuit Court of Broward County, 
Florida, to the Circuit Court of Palm Beach County, Florida, 
the matter again came on for trial. At this hearing the 
verdict of the jury was returned against the petitioners 
herein and later a final judgment was entered thereon in 
accordance with said jury verdict. E rror was again prose­
cuted to the Supreme Court of the State of Florida, which, 
on March 3,1939, affirmed the judgment of the Circuit Court 
of Palm Beach County, Florida, and, on April 11, 1939, 
denied a petition for rehearing therein.

This petition for certiorari is based upon the said final 
judgment of the Supreme Court of the State of Florida and 
its denial of a rehearing thereon (R. 350 et seq.).

The majority opinion of the said Supreme Court of the 
State of Florida held in substance that the confessions of 
guilt made by the petitioners out of court were legally ob­
tained and that the trial court properly considered the 
same as evidence in fixing the death sentences. The opinion 
further holds that the petitioners had the assistance of 
counsel at and before the trial. The dissenting opinion by 
Mr. Justice Brown, however, follows the principles of law 
heretofore laid down by this Honorable Court.

IV.

Conceded Facts.
While, as the Supreme Court of the State of Florida says 

(R. 351-352), the evidence as to the method of obtaining the 
confessions is in hopeless conflict, the following facts are 
either conceded, admitted or not denied:



23

1. The trial court never formally appointed Attorneys 
Griffis and Mather to represent petitioners and the records 
nowhere show any such appointment.

2. Such assignment of counsel as was made was made over 
telephone and on the streets of Fort Lauderdale, F lorida; 
and the petitioners knew nothing about it at the time the 
pleas were entered before the court. The trial judge did not 
know which two of your petitioners Attorney Mather was 
to represent and Mather never saw his clients until a few 
minutes before they were arraigned in court to plead to the 
indictments. He had no time to consult seasonably with his 
clients even if the court had told him whom he was to 
represent. Attorney Mather never knew these clients had 
confessed to the crime charged in the indictment until after 
they had pleaded guilty (R. 138). The confessions were 
obtained from the accused under such circumstances that 
they were rendered illegal and should never have been ad­
mitted in evidence against them.

3. The petitioners, ignorant youths, unaccustomed to court 
procedure, needed the assistance of the court and it was the 
inescapable duty of the court to safeguard their rights 
and liberties. Yet the court failed and refused to appoint 
any attorneys for them under such circumstances that they 
could definitely know who these attorneys were and be 
guided by their counsel. An appointment on the streets 
or over the telephone, out of open court, and out of the 
presence of the petitioners furnished them with no knowl­
edge that any counsel had been appointed to protect their 
rights, liberties and persons. The record shows that the 
petitioners in entering these pleas of Guilty were without 
the benefit of counsel, they being unable to employ one and 
the court having failed to advise them of the appointment 
of competent counsel for them. Obviously after the pleas 
of Guilty were entered it was too late to advise petitioners



24

of this fact, for then nothing remains for the State to do ex­
cept impose sentence. Even then these attorneys failed and 
refused to make a motion for a new trial and to permit the 
petitioners to withdraw their pleas of Guilty and enter pleas 
of Not Guilty, as is the usual practice in such cases. And 
that is all that petitioners have asked in their many appear­
ances before the State courts and before this Court—to be 
permitted to withdraw their pleas of Guilty, improperly 
and inadvisedly entered, and to plead Not Guilty to the 
indictments herein and to be tried on the merits of the case.

4. Captain Williams, who is charged with most of the 
brutal treatment of the petitioners, resulting in their con­
fessions and pleas of Guilty, could not be found to give 
testimony in the case at bar. When the Supreme Court of 
Florida had before it this same question in a previous 
trial of the issues here involved, it said (Chambers et al. v. 
State of Florida, 167 So. 697) :

“ Even if the jury totally disbelieved the testimony 
■ of the petitioners, the testimony of Sheriff Walter 
Clark, and one or two of the other witnesses introduced 
by the state, was sufficient to show that these confes­
sions were made only after such constantly repeated 
and persistent questioning and cross-questioning on 
the part of the officers and one J. T. Williams, a con­
vict guard, at frequent intervals while they were in 
jail, over a period of about a week, and culminating 
in an all night questioning of the petitioners separately 
in succession throughout practically all of Saturday 
night, until confessions had been obtained from all of 
them, when they were all brought into a room in the 
ja ile r’s quarters at 6:30 Sunday morning and made 
their confessions before the State Attorney, the of­
ficers, said J. T. Williams, and several disinterested 
outsiders, the confessions, in the form of questions and 
answers being taken down by the court reporter, and 
then typewritten.



25

“ Under the principles laid down in Nickels v. State, 
90 Fla. 659, 106 So. 479; Davis v. State, 90 Fla. 317, 105 
So. 843; Deiterle v. State, 98 Fla. 739, 124 So. 47; 
Mathieu v. State, 101 Fla. 94, 133 So. 550, these con­
fessions were not legally obtained.”

At the time of that opinion the court had before it the 
testimony of Captain Williams. In  the present trial the 
Sheriff of Broward County was unable to explain his ab­
sence. It is strange indeed that the Sheriff entrusted the 
petitioners in the care and custody of this man Williams 
for a week, permitting him to brutally beat and abuse them 
and force them into a confession of the crime, and yet, when 
the court, as in this case, is making an inquiry into the 
manner in which these confessions were obtained, the 
Sheriff can neither locate Williams upon subpoenas issued 
by the petitioners and the State, nor explain Ms absence 
nor deny in any way the grave charges heaped upon his

agent ARGUMENT.
I .

The conviction of petitioners solely upon confessions and 
pleas of guilt extorted by violence and torture, both of 
which were obtained by officers and agents of the State of 
Florida while acting in their official capacities, is a denial 
of the equal protection and due process of the law guaran­
teed by the Fourteenth Amendment to the Constitution of 
the United States.

In discussing this question of law we have decided to 
abandon the testimony of the petitioners and rely solely 
upon the evidence adduced by the state’s own witnesses to 
show that these confessions were illegally obtained and 
improperly introduced as evidence against these petitioners.

A. D. Marshall, the jailer, said that he was present on 
that Saturday night and did go and get the prisoners when­
ever the Sheriff told him and bring them up for questioning



26

(R. 306). They began questioning the petitioners along 
about 4 o’clock on Saturday afternoon. They took a recess 
about 6 o’clock (R. 306). Captain Williams was there all 
the time when questions were asked of the petitioners (R. 
313-314).

Hon. Louis Maire, S tate’s Attorney, testified that he was 
called over to the jail that Sunday morning about 2:30. 
He left the jail about 3 o’clock A. M., and got some sleep 
and came back again about 6 :30 Sunday morning, when 
these confessions were signed (R. 265). Walter Wood­
ward is corroborated at this point by Mr. Maire because 
Woodward says that Mr. Maire refused to accept his first 
story, the one that he told him in the office that morning 
about three o’clock. Maire tore his first story up and told 
Captain Williams that the story was no good and when 
they got something out of Woodward he would come back; 
that it was late and he had to go back and go to bed (R. 56).

Sheriff Clark’s testimony shows, in substance, that these 
confessions were not freely and voluntarily given. When 
asked how many hours the defendants could have slept 
that night when the confessions were made, the Sheriff said :

“ Q. How many hours sleep did they have the oppor­
tunity to get that night!

“ A. They could have slept all night, except I would 
say three hours, two hours and a half or three hours.

“ Q. What was the reason for bringing them out and 
having them returned to the cell and then later bring­
ing them out again?

“ A. Because I  would question one of them, and he 
would tell me some story about where he was at on 
Saturday night, and put him back in the cell and check 
on that and find out that he wasn’t there, he was telling 
me a lie about it, and then bring him out and we would 
question him again, I tell him I checked on the last 
story he told me, tell him I checked on it, and he would 
tell me a different story about where he was at and what 
he was doing on Saturday night” (R. 276).



27

Again the Sheriff says (R. 277) that during the night’s 
questioning he would lie down and take a nap after having 
some sandwiches and coffee. It is highly significant that 
the officers charged with the questioning of these petitioners 
throughout the eight days before their confessions, and 
particularly on the last night when the alleged confessions 
were obtained, could not survive the ordeal without re­
freshment and rest and yet are eager to testify that the 
petitioners showed no signs of suffering from the oideal 
despite the denial to them of the same opportunities for 
recovery. And the failure of the Sheriff to know what 
Captain Williams did to the petitioners in the way of brutal 
treatment on that fateful Saturday night may well be ex­
plained by the fact that the Sheriff was not with Williams 
all of the time, in that he was asleep (R. 277).

From the above and other evidence introduced by the 
state’s own witnesses, it must be concluded, as the Supreme 
Court of Florida has heretofore concluded in this same 
cause (Chambers et al. v. State of Florida, 16/ So. 697), 
that the confessions were not legally obtained. The pres­
ent refusal of the Supreme Court of Florida to override 
the determination of a jury to the contrary, in view of its 
former unequivocal pronouncement, smacks soundly of 
a devotion to form rather than to substance in law, and 
of a willingness to sacrifice fundamental human rights upon 
the altar of cant.

It follows, of course, that if these confessions were ob­
tained by duress and force, and that the petitioners were 
intimidated by threats and torture, the pleas of Guilty en­
tered in open court immediately thereafter, and while still 
under the shadow of that force, have no greater validity 
than the confessions themselves.

‘ ‘ There is another rule of law, and it has its founda­
tion in justice, and that is, that when a confession has, 
in the first place, been made under illegal influences,



28

such influences will be presumed to continue and color 
all subsequent confessions, unless the contrary is 
clearly shown.”

Coffee v. State, 25 Fla. 501, 511, 6 So. 493, 496.

Not only is there no evidence to the contrary to overcome 
this presumption, but there is ample evidence on the part 
of petitioners to show that the illegal influences persisted 
right down to the moment of the arraignment, the so-called 
“ Captain” Williams threatening some of the petitioners 
with turning them over to lynchers if they changed their 
stories (R. 59).

The Supreme Court of Florida has repeatedly held that 
a plea of guilt entered under such circumstances should be 
set aside and a new trial granted.

“ . . . The motion to set aside the judgment and sen­
tence of death and to withdraw the plea of guilty and 
enter a plea of not guilty and proceed to trial thereon 
at once may be treated either as an extraordinary ap­
plication for new trial or as an application for writ of 
error coram nobis; our conclusion being that the judg­
ment brought in question was void and could have been 
reached by either motion.

“ The evidence as to whether the plea of guilty was 
entered through fear, duress, misunderstanding, or im­
proper influence is about as conflicting as it is possible 
for it to be. This court is on record as holding that 
such a motion is one addressed to the sound discretion 
of the trial court but subject to review by the appellate 
court, Pope v. State, 56 Fla. 81, 47 So. 487,16 Ann. Cas. 
972.

“ In the last cited case, we said in substance that the 
law favors trials on the merits and that a plea of guilty 
to a serious criminal charge should be freely and volun­
tarily made and entered by the accused without a sem­
blance of coercion and without fear or duress of any 
kind. I t  is possible that the plea of guilty in this case 
was entered freely and voluntarily and without a sem­



29

blance of coercion but, when such a plea is entered 
as here by an ignorant young man charged with a capi­
tal offense and the evidence on that point is in hopeless 
conflict, it raises a very strong suspicion that some un­
due influence contributed to the plea. When such a 
case is duly presented, the better practice is to permit 
the plea of guilty to be withdrawn and proceed to trial 
on a proper plea. . . . ”

Casey v. State, 156 So. 283.
See also, Nickels v. State, 86 Fla. 288, 99 So. 121.

The conclusion seems inevitable that the method of ob­
taining the confessions herein under discussion and the 
subsequent pleas of guilty, while petitioners were still under 
the influence of fear of further torture, and their use in the 
sentencing of the petitioners herein, all violate the funda­
mental principles of due process and have been repeatedly 
condemned by this Court as denying the protection guar­
anteed b3r the Constitution of the United States.

See:
Hopt v. People of Utah, 110 U. S. 574, 4 S. Ct. 202, 28 

L. Ed. 262;
Sparf v. U. S., 156 U. S. 51,15 S. Ct. 273, 39 L. Ed. 343; 
Pierce v. U. S., 160 U. S. 355,16 S. Ct. 321, 40 L. Ed. 454; 
Brown et al., v. Mississippi, supra;
Moore v. Dempsey, supra,

II.

The failure to give petitioners opportunity to employ 
counsel of their own, and the appointment of counsel (if 
such there was) who failed to seasonably and properly con­
sult with and advise petitioners of their rights in the prem­
ises and to adequately represent them in the proceedings 
below is a denial to the petitioners herein of the due process 
of the law guaranteed them and each of them by the Four­
teenth Amendment to the Constitution of the United States.



30

In Florida the rule is well established th a t:

“ When a petitioner is brought to the bar for arraign­
ment to inquire of the accused whether he had counsel 
to represent him, and if upon inquiry, it developed that 
he had no attorney and was unable to employ one to 
ask the accused whether he desired one to represent him. 
If he was unable to employ counsel and signified his 
desire to be represented by one, then it has been the 
practice for the Trial Judge to appoint some attorney 
to represent the accused. This practice is in accord with 
the letter and spirit of Section 11 of the Bill of Bights 
and Section 3969 of the General Statutes of Florida, 
1906.”

Cutts v. State of Fla., 45 Fla. 491.

This Court has stated the rule even more broadly:

“ In the light of the facts outlined in the forepart of 
this opinion—the ignorance and illiteracy of the defen­
dants, their youth, the circumstances of public hostility, 
the imprisonment and the close surveillance of the de­
fendants by the military forces, the fact that their 
friends and families were all in other states and com­
munication with them necessarily difficult, and above all 
they stood in deadly peril of their lives—we think the 
time and opportunity to secure counsel was a clear 
denial of due process.”

Powell v. Alabama, 287 IT. S. 45, 71 (1932).

Petitioners in this case have, we think, clearly shown that 
they had no opportunity to secure counsel. Immediately 
after their arrests, on May 14, 1933, in company with some 
thirty other Negroes, they were rushed to various jails, 
apparently for safekeeping from threatened mob violence, 
and were continuously questioned, beaten and mistreated 
for one week, without being allowed the benefit of counsel 
or communication with friends outside the jails.

It is conceded that Messrs. Mather and Griffis, the two 
lawyers assigned to represent the petitioners, were com­



31

municated with privately, one over the telephone and the 
other on the streets, and advised of their appointments. 
Petitioners were not asked by the court if they had or de­
sired counsel of their own choosing. The assignment of 
counsel was not made in open court and at a time when 
counsel could he of assistance to petitioners at the arraign­
ment and trials. No opportunity was provided for con­
sultation with the accused to determine the advisability 
of procedure to he followed. In fact, Mr. Mather did not 
know that a confession had been made by his clients until 
after the plea of guilty had been entered (R. 192-193). 
Neither counsel appears to have known his client until the 
morning of the arraignment (R. 138, 192-193), and one of 
them was subsequently informed by the convict guard, Wil­
liams, who is accused of the brutal extortion of the alleged 
confessions, that one of his clients intended to change his 
plea of Not Guilty to Guilty (R. 139). Nowhere does the 
record show that either of these counsel made any attempt 
to object to the introduction of the so-called confessions, 
move to withdraw the pleas of guilty, or make any other 
of the obvious motions to protect their clients, despite the 
suspicious circumstances surrounding the trials, other than 
to make a perfunctory argument for leniency (R. 139).

The right to the assistance of counsel is of fundamental 
importance. Without it the ignorant, inexperienced ac­
cused is at grave disadvantage. When a trial court be­
comes so derelict of its duty as to substantially deny this 
right to the accused, and when the counsel, improperly 
appointed, fails and refuses to give to the accused such pro­
tection as he is capable of invoking then there has been 
a substantial denial of due process and the trial court has 
lost its jurisdiction and the entire proceedings are null and 
of no effect.

Johnson v. Zerbst, supra.



32

Conclusion.

Equal protection and due process under the law are the 
pillars upon which our democracy rests. A denial of these 
to the humblest of our citizens is a threat to the liberties 
of all. Lives and liberties must be taken only in accordance 
with those established modes of procedure which have been 
tried and tested by time. If the experience of our centuries 
of the common law has demonstrated that trial and convic­
tion by honest testimony,. openly arrived at, is better than 
and preferable to confessions extorted by the methods of 
the Inquisition and to decisions made in the Star Chamber, 
without benefit of counsel, then it is respectfully submitted 
that the questions raised in this petition call for the exer­
cise by this court of its supervisory powers to the end that 
rights guaranteed under the Constitution of the United 
States and recognized by all civilized nations shall be 
preserved.

L eon  A. R ansom ,
S. D. M cG il l ,
T htjrgood M arshall , 

Counsel for Petitioners.

(4315)



TRANSCRIPT OF RECORD

Supreme Court of the U nited States

OCTOBER TERM, 1939

No. 195

ISIAH (IZELL) CHAMBERS, JACK WILLIAMSON, 
CHARLIE DAVIS AND WALTER WOODWARD 
(WOODARD), PETITIONERS,

vs.

THE STATE OF FLORIDA

02*T W R IT OF CERTIORARI TO T H E  S U P R E M E  COURT OF T H E  STATE
O F FLORIDA

PETITION FOB CERTIORARI FILED JULY 11, 1939. 

CERTIORARI GRANTED OCTOBER 23, 1939.





SUPREME COURT OF THE UNITED STATES

ISIAH (IZELL) CHAMBERS, JACK WILLIAMSON, 
CHARLIE DAVIS AND WALTER WOODWARD

ON W R IT  OF CERTIORARI TO T H E  SU PR E M E  COU RT OF T H E  STATE

OCTOBER TERM, 1939

No. 195

(WOODARD), PETITIONERS,

vs.

THE STATE OP FLORIDA

OF FLORIDA

INDEX.
Original P rin t

Proceedings in Supreme Court of Florida ............................... a 1
Caption.................................................. (omitted in printing) ..  a
Record from Circuit Court of Broward County.........................  1 1

Assignment of errors on writ of coram nobis.....................  1 1
Traverse or answer of defendant to assignment of errors

on writ of coram n o b is ......................................................  2 2
Petition for change of ven u e ................................................  4 2
Order for change of v en u e ....................................................  8 4
Order for change of venue and directing the sheriff to

convey prisoners to Palm Beach County, Florida.......... !) 5
Record from Circuit Court of Palm Beach County.................  11 6

Minute entries of tr ia l.......................................................... 11 6
Verdict .....................................................................................  19 12
Bill of exceptions.................................................................... 21 13

Certificate of judge ........................................................ 21 13

J udd & D etweiler ( I nc.) ,  P rinters, W a shington , D. C., Novembeb 7, 1939.

— 4477



11 IN D EX

Record from Circuit Court of Palm Beach County—Con­
tinued.

Bill of exceptions—Continued. Original Print
Caption and appearances ............................................. 22 13
Testimony of Jack Williamson :

Direct ............................................. 23 14
Cross ............................................... 38 30
Redirect ........................................... 55 47

Walter Woodward:
Direct ..............................................  56 49
Cross ............................................... 68 60
Redirect ........................................... 83 75

Charlie D avis:
Direct ............................................... 84 76
Cross ..............................................  100 91
Redirect ........................................... 118 108

Izell Chambers:
Direct ............................................... 121 110
Cross ..............................................  131 120

Charles H. Gordon:
Direct ................................   143 131
(Recalled) direct .........................  205 195
Cross ............................................... 206 196

Elbert B. Griffis:
Direct ..............................................  145 133
Cross ..............................................  149 137
Redirect ........................................... 151 139
Recross ........................................... 152 140

Stipulation re order appointing counsel.....................  153 141
Testimony of Prank Manuel:

Direct ..............................................  154 141
Cross ................................................  156 144
Redirect ........................................... 160 148

James L ittle:
Direct ............................................... 160 149
Cross .................    162 150

Willie Henderson:
Direct ..............................................  164 153
Cross ............................................... 166 155
Redirect ..........................................  169 159

Prince Douglas:
Direct ............................................... 170 159
Cross ..............................................  173 163
Redirect ........................................... 177 167
Recross ........................................... 177 167
Redirect ........................................... 178 168

Lonnie Jackson:
Direct ...............................................  178 168
Cross ............................................... 179 169

Mack L ittle :
Direct ..............................................  179 170
Cross ................................................  180 171



Record from Circuit Court of Palm Beach County—Con­

IN D E X

tinued.
Bill of exceptions—Continued. Original

Stipulation re alleged confessions...............................  185
Testimony of Eddie Hamilton :

Direct ..............................................  185
Cross ............................................... 186
Redirect ........................................... 189
Recross ............................................. 190

B. B. Johnson:
Direct ............................................... 190
Cross ................................................  191

W. P. F ord :
Direct ............................................... 193
Cross ............................................... 195

W. C. M ather:
Direct ............................................... 196
Cross ............................................... 199
Redirect .............................................. 204

Tom J. Collins:
Direct .................................................. 206

J. N. C ain:
Direct .................................................. 207
Cross .................................................. 208

W. H. Blount:
Direct .................................................. 210
Cross ...................................................  211

John D arsay:
Direct ..............................................  211
Cross ..............................................  213

J. W. Coleman:
Direct .................................................. 213
Cross .................................................... 214

Virgil W right:
Direct .................................................. 215
Cross .................................................... 217

W. C. Goodrich:
Direct ..............................................  219
Cross .................................................... 224
Redirect .............................................. 234
Recross ........................................ 234

R. C. Helton:
Direct ............................................... 235
Cross .................................................... 239

Robert L. C lark:
Direct ............................................... 252
Cross ................................................  255

Louis F. Maire:
Direct ............................................... 263
Cross ................................................  269

Walter R. Clark:
Direct ..............................................  272
Cross ................................................  285
Redirect ..........................................  301

111

Print
175

176
177 
180 
181

181
182

185
186

187
189
194

196

197
198

200
201

201
203

204 
204

206
208

210
215
226
226

227
231

244
247

255
262

265
278
293



IV IN D EX

Record from Circuit Court of Palm Beach County—Con­
tinued.

Bill of exceptions—Continued.
Testimony of Eddie Hamilton—Continued.

A. D. M arshall: Original Print
Direct .........   302 294
Cross ................................................. 312 305
Redirect ........................................... 323 316
Recross ........................................... 324 316

Motion for instructed verdict....................................... 326 318
Motion denied ........................................................  327 819

Charge to the j u r y .......................................................... 327 319
Objections to court’s charge..........................................  334 324
Reporter’s certificate............(omitted in printing) ..  335
Petitioner’s requested charges (denied).....................  336 325
Motion for a new tr ia l....................................................  339 327
Amendment to motion for new tr ia l.............................  343 329
Order overruling and denying motion for new tr ia l . . 344 330
Motion to extend time for filing bill of exceptions. . . .  346 331
Special order extending time for presenting and fil­

ing bill of exceptions..................................................  347 331
Assignments of erro r......................................................  348 332

Order settling bill of exceptions........................................... 352 335
Stipulation re bill of exceptions........................................... 353 335
Minute entries of hearing on motion for new tr ia l.......... 354 336
Order denying motion for new trial as amended.............. 358 337
Judgment on w rit of error coram nobis.............................  359 338
Order of court reaffirming sentences...................................  361 339
Special order extending time for presenting bill of excep­

tions .....................................................................................  363 340
Praecipe for w rit of e r r o r ....................................................  364 341
W rit of error .........................................................................  365 341
Scire facias ad audiendum errores with service thereon. . 367 342
Complete assignments of e r r o r ............................................  369 344
Praecipe for transcript of record......................................... 377 348
Clerk’s certificate......................... (omitted in printing) ..  379

Proceedings in Supreme Court of F lo rid a ................................. 381 350
Opinion, Terrell, J ........................................................... i .............  381 350
Dissenting opinion, Brown, J ........................................................ 384 353
Petition for rehearing .................................................................. 390 360
Recital as to denial of petition for rehearing.................   396 367
Mandate ........................................................................................... 397 367
Petition for stay of execution......................................................  398 368
Order staying execution................................................................  399 369
Praecipe for transcript of record................................................  400 370
Clerk’s certificate................................. (omitted in printing) .. 401
Order allowing certiorari ............................................................ 402 370



[fol. A] 

[fol. 1]

[Caption omitted]

1

IN CIRCUIT COURT OF THE TWENTY-SECOND 
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR 
BROWARD COUNTY

I siah  ( I z e l l ) C ham bers , J ack W illia m so n , C h a rlie  D avis 
and W alter W oodward (W oodard), Petitioners,

vs.

T h e  S tate of F lorida, Defendant in Error

P e t it io n e r s’ A ssig n m en t  of E rrors on  'Writ  of C oram 
N obis—Filed Feb. 16, 1935

Come Now the petitioners in the above cause and say 
there is error in the judgments and sentences of this Honor­
able Court heretofore entered in this cause against these 
petitioners; that if the Court had known the facts as to how 
the confessions and pleas of guilty were obtained from 
these petitioners, said judgments and sentences never would 
have been entered by the Court. And for more specific as­
signments of error, these petitioners say:

1. That the confessions and pleas filed at the trial of these 
petitioners and which form the basis of the judgments and 
sentences herein complained of were not in fact freely and 
voluntarily made by these petitioners.

*

2. That the confessions and pleas filed at the trial of these 
petitioners and which formed the basis of the judgments 
and sentences herein complained of were in fact, obtained 
[fol. 2] from these petitioners by force, coercion, fear of 
personal violence and under duress.

W h e r e f o r e ,  p e t i t i o n e r s  p r a y  t h a t  th e  s a id  ju d g m e n ts  a n d  
s e n te n c e s  m a y  b e  v a c a te d  a n d  s e t  a s id e  a n d  t h a t  th e s e  p e t i ­
t io n e r s  b e  p la c e d  b a c k  in  th e  s a m e  c o n d it io n  a s  t h e y  w e re  
b e fo re  s u c h  c o n fe s s io n s  a n d  p le a s  wTe re  e n te r e d .

S. D. McGill, Attorneys for Petitioners.

1—195



2

I n  C ib c u it  C oubt of B bowabd C ounty  

[Title omitted]

D efen d a n t  in  E bbob’s T bavebse by P leas and J oindeb of
I ssue  to P e t it io n e e s ’ A ssig n m e n t  of E bbobs— Piled Peb.
16, 1935

[fol. 3] Comes now tlie State of Florida, Defendant in 
E rror as aforesaid, by and through Louis F. Maire, State 
Attorney in and for the above styled Circuit, and joins 
issue upon the allegations of fact in Petitioners’ Assignment 
of Errors, and to each paragraph thereof separately and 
severally, and says that it is not guilty, and further spe­
cifically says:

(1) Defendant in E rror denies the averments and mat­
ters in paragraph Two (2), Assignment of E rror No. One 
(1), of Petitioners’ Assignment of Error, and says that it 
is not guilty, and joins issue upon same.

(2) Defendant in E rror denies the averments and matters 
in paragraph Three (3), Assignment of E rror No. Two (2), 
of Petitioners ’ Assignment of Errors, and says that it is 
not guilty, and joins issue upon same.

To All of Which the said Defendant in E rror puts itself 
upon the country.

Louis F. Maire, State Attorney as aforesaid.
Duly sworn to by Louis F. Maire. Jurat omitted in 'print­

ing.

[fol. 4] In C ibcu it  C oubt of B bowabd C ounty  

[Title omitted]

P etitio n  fob C h a n g e  of V e n u e — Filed June 29, 1936

Come Now the petitioners Isaiah (Izell) Chambers, Jack 
Williamson, Charlie Davis and Walter Woodward (Wood­
ard), in the above named cause and showeth to this Honor­
able Court as follows:
[fol. 5] 1. That on the 23rd day of May A. D. 1933, joint
indictments were found against these petitioners by the 
Grand Jury  of Broward County, Florida, charging them 
with murder in the first degree and in June 1933, they



3

were sentenced to death by the Circuit Judge of Broward 
County Florida, said judgments and sentences being based 
upon forced confessions and pleas. From the forced and 
involuntary confessions upon which sentences of death were 
passed, various and sundry appeals w2 * * * * 7ere made to the Su­
preme Court of Florida, which resulted in three reversals 
of the judgments and decrees of this court. That on Feb­
ruary 21, 1935, the question as to whether said confessions 
of guilt were made freely and voluntarily, was decided by 
a jury which found against your petitioners. That upon 
said verdict of the jury, this court rendered a final judgment 
sustaining the verdict of the jury; that upon said final judg­
ment an appeal was again taken to the Supreme Court of 
Florida, and on April 20, 1936, that court again reversed 
this court and remanded it back for a new trial. That the 
causes now before this court to be tried upon the indict­
ment or issues are based upon petition for writ of error 
coram nobis but these petitioners say they fear they will 
not receive a fair and impartial trial in the above named 
court where this cause is now pending on account of your 
petitioners being so Odious to the inhabitants of Broward 
County Florida, that a fair trial cannot be had; that as 
heretofore stated, great interest was manifested at all of 
their trials in this court in this case and these petitioners 
believe and so state the fact to be that it will be imprac­
ticable for them to obtain a qualified jury for the trial of 
their case now pending in this Court; that said condition 
is due to the fact that they are persons of African descent 
under sentences of death for the murder of a white person 
[fol. 6] and the newspapers and others in Broward County 
Florida have found a fertile field in which to create the 
condition herein complained of, particularly do your peti­
tioners mention the Fort Lauderdale Daily News, which has 
repeatedly published inflammatory articles in regard to said 
crime of which your petitioners are convicted and thereby 
have aroused great prejudice and hatred among the citi­
zens of Broward County against your petitioners.

2. Your petitioners further represent that the odium of
your petitioners endured by the citizens of Broward County
is further manifested by your Honor in May 1933, during
the arraignment and pleas of these petitioners, when your
Honor publicly from the bench addressed a crowd of Brow­
ard County citizens who were present in the Circuit Court



4

room to witness the trial of these petitioners on the indict­
ments herein found against them as follows:

“ The court wishes to express its appreciation for the 
orderly procedure today, to you, Citizens of Pompano and 
other sections of the County. You have conducted your­
selves as properly as could be expected in a case of this kind 
and I  appreciate it.”

3. Your petitioners further showeth unto this Honorable 
Court that various efforts have been made to obtain per­
sons in Broward County to sign affidavits in support of 
this petition; that various persons have been contacted, all 
of whom are unanimous in the statement that no fair trial 
can possibly be had in this cause in Broward County, yet 
all of such persons are afraid to sign any such affidavits 
and for that reason no affidavits accompany this petition.

[fol. 7] Your Petitioners Therefore Pray, that the venue 
in said cause be changed from the County of Broward to 
the County of Dade in the State of Florida, and that said 
cause be set for trial at the present term of the Circuit Court 
in the said County of Dade, or some other county.

And Your Petitioners Will Ever Pray.
Isaiah Chambers (Izell Chambers), Jack Williamson,

C. H. Davis (Charlie Davis), Walter Woodard 
(Walter Woodward).

Duly sworn to by Isaiah Chambers et al. Jurat omitted 
in printing.

I, S. D. McGill, of counsel for the petitioners, do hereby 
certify that the above Petition is made in good faith.

S. D. McGill, Counsel for Petitioners.

[fol. 8] In  C ir c u it  C ourt for C ounty  of B roward 

[Title omitted]
Order for C ha n g e  of Y e n u e—Filed June 29, 1936

This cause came on to be heard upon the Petition for 
Change of Venue and stipulation of counsel for the State 
and Petitioners, and upon consideration thereof,

I t is Ordered, and Adjudged, that the said Petition for 
Change of Yenue be, and the same is, hereby granted, and 
the said cause transferred to Palm Beach County, Florida.



5

It is Further Ordered that the Clerk of this Court im­
mediately enter the proceedings of record in this cause and 
transmit all the original papers filed in the case with a certi­
fied copy of the entries of Record relating to the case of the 
Clerk of the Circuit Court of the County of Palm Beach, 
State of Florida, and that said Clerk retain a copy of all the 
papers transmitted.

Done and Ordered, this 29th day of June, A. D. 1936.
George W. Tedder, Judge.

[fol. 9] In C ikcuit  C ourt for C ounty  of B roward 

[Title omitted]
Order for C h a n g e  of V e n u e  and D irectin g  S h e r if f  to

C onvey t h e  P risoners to P alm  B each  C ou n ty , F lorida
—Filed June 29,1936
This cause came on to be heard upon the Petition for 

Change of Venue and Stipulation by counsel for the State 
and Petitioners, agreeing to the change of venue, and the 
Court being of the opinion upon the record so made, that the 
Change of Venue should be granted.

It is thereupon Ordered, and Adjudged, that the Petition 
for Change of Venue be and the same is hereby granted, 
and the said cause be, and the same is, hereby transferred 
to Palm Beach County Florida for trial upon the issues made 
and the determination of said cause.

It is further Ordered and Adjudged that Walter R. Clark, 
[fol. 10] as Sheriff of the County of Broward, State of 
Florida be and he is hereby commanded to safely convey 
the said prisoners to the jail of the County of Palm Beach, 
State of Florida where trial is to be had, there to be safely 
kept by the Jailer thereof, until discharged by due course 
of Law, or transferred by an order of said Court, the said 
defendants not having entered into a recognizance bond.

Done and Ordered at Ft. Lauderdale, Broward County, 
Florida, this 29th, day of June, A. D. 1936.

George W. Tedder, Judge.

Endorsed on Back Thereon: Received this Order on the 
29th day of June A. D. 1936 and executed same on the 29th 
day of June A. D. 1936 by delivering the within named Izell 
Chambers, Jack Williamson, Charley Davis and Walter 
Woodward to the Sheriff of Palm Beach County, Florida,



6

W. H. Lawrence, and by delivering a true copy of this origi­
nal writ to him, at the same time exhibiting this the original 
to him and explaining the contents hereof.

Copy ......................................... 35
Service ..............................  1.00
Return ......................................25

Total ..........................  1.60
Walter R. Clark, Sheriff of Broward County, Florida, 

by Robt. H. Clark, Deputy Sheriff.
[Record from Broward County filed in Circuit Court of 

Palm Beach County, July 13, 1936.]

[fo l. 11] I n C ircuit  C ourt of P alm  B each  County  

Minute Entries of Trial
Monday, October 12th, A. D. 1936.

The Court convened at 9 :30 A. M. Monday, October 12th,
A. D. 1936 for the purpose of trying the issue in the case 
of Isiah (Izell) Chambers, Jack Williamson, Charlie Davis 
and Walter Woodward (Woodard), Petitioners versus the 
State of Florida, Respondent, and for the determination of 
a question of fact, to be submitted to a Jury. Present: 
Honorable C. E. Chillingworth, Circuit Judge, presiding; 
the State Attorney of the Fifteenth Judicial Circuit of 
Florida, viz: Hon. J. W. Salisbury, also the Sheriff, W. H. 
Lawrence, together with his deputies, T. P. Riggs, H. E. 
Motter, II. L. Dyer, C. B. Bowen, A. E. Budd, J. T. Lawrence, 
and J. M. Tapscott, and Geo. 0. Butler, Clerk.

The Sheriff having executed the Venires for Jurors for 
thirty four (34) and eighteen (18) Jurors respectively; re­
turnable at 9 :30 A. M. this date by Order of the Court issued 
on September 21st, 1936, and a Venire for sixty-five (65) 
Jurors, issued on October 2nd, A. D. 1936, returned the fol­
lowing as having been duly served, to-wit:

H ugh M . Brown 
C. C. L indsay 
John  J. B aker 
Chas. R . Barsfield 
and  C harles M , 
M orris

F rank  G. Lang, Jr. 
R obt. G. Bostwick, Jr. 
John H. M eerdink 
R obt. R . Neil

R egular Ven ire

C. A. Johnson 
W. M. W aters 
M anley P. Caldwell
F. A. Rowley



7

[fol. 12] The following were reported as “ Not to be 
Found” in Palm Beach County, Florida:
Clarence Sheen W. D . Johnson Jack  O. M alley
D. L. C rosby C. D . H artm an

On the Special Venire issued on September 21st, 1936, 
for thirty four (34) Jurors, the following were returned as 
having been duly served:

Nick J. Balls
G. M. C ulver 
Glenn A. M organ 
W illiam Schroeder 
Joe Griffin 
L. E . DeLoe 
J. J. H utson 
Lester M cGehee

Special  V en ir e

R . A. Pum phrey  
R. L. S tubbs
E . L. G reen 
G. W . B ennett 
C. H . A rm strong 
Thos. J. Grier 
Thos. C. M anning 
F red  M . B urbach

Jam es C. Ohm er 
L. H . P itts  
J . E . Sm ith  
W . J. B lankenship
E . F. G ollattscheek 
Jam es P. R iley 
W . H . Told 
F red  Depew and 
L. L. Griffin

The following were reported as “ Not to be found” in 
Palm Beach County, F lorida:
Cornelius W aalew yn S. L. Edlem an

J. J. Anderson Oscar G. Connor
Benj. H . H olm es T . 0 . M artin

J. E . W est 
(deceased)
E . L . Cobb and 
H a rry  M ullen

The following is the return on the Special Venire issued 
on October 2nd, 1936, for sixty five (65) Jurors; returnable 
at this time, to-wit:

F. L. Cory 
L. L. Griffin 
W. E. Gladson 
[fol. 13]
J. E . H ardw ick, Sr. 
Rober G. A tkins
F. A. Reynolds 
Geo. K ing, Jr.
A. C. K nesley 
C. A. Ford  
David M iller
H. W. Cole 
J. H . W itherspoon 
Roy Taylor 
S. M. D rake 
T rum an P. M atthew s 
W. F. D oolittle

Special  V en ir e

G .  W . Sands 
A lbert Newell 
J . B. Reynolds

Jack  Deadw yler 
J. A. Bass 
John  N ow ak 
W m. K ing 
E m m ett F . Hill
E . A. E ak in  
Jam es M . D illard 
K enneth  H anbury  
J. R . Colliver 
J . M . W ilson 
E . A. Schurlein
H . Simons
W . B, H arm an

Ira  W ebb 
C. H . H olden 
H . L. Brown, Jr.

R ay  R. Thom pson 
O. B. B raley  
M . T . M arko 
H om er A. B arr 
H arm on Blue 
Lewis A uerbach 
Clarence C. Coston 
E rnest W. F landers 
W m. G. M cC andless 
A. E . M cM illan  
Roscoe M e rritt 
H a rry  L. M atson  
and  R . P . T rav is



8

The following were reported as “ Not to be found” in 
Palm Beach County, Florida:
Carl J. Hughes 
C. A. G rantham

L. C. M arkham  
Clyde B. Chase

H. H . Gilbert 
F rank  Hoofnagle

C. A. Johnson 
W . M. W aters 
M anley P. Caldwell 

(Attorney)
John J. Baker 

(Illness)
[fol. 14]
J. J. H utson

G. W. B ennett 
L. H . P itts

John H. M eerdink
F. A. Rowley

Lewis H . Shipm an
B. B. A rm strong 
(deceased)
E. J. Kelley 
William Bethel

L. M. Ard
C. T . Langford

J. E . Sm ith
E. F. G ollattscheek
J. H . W itherspoon

S. M. D rake

W m. K ing

J. R. Colliver 
W. B. H arm an

G. M . Culver 
Lester M cGehee

W . G. M cCullen 
R . C. Sm ith

H . M . T hax ton  
W . R. D unber 
(deceased)
A. L. Browne

the following per-

I ra  W ebb
H . L. Brow n, Jr. 
M . T . M arko

H om er A. B arr

Clarence C. Coston 
and  Roscoe M erritt

their names were

R . A. P um phrey  
F red  Depew  and 
F . A. R eynolds

For reasons satisfactory to the Court 
sons were excused for the Term:

The following failed to answer when 
called:

The remaining Jurors were sworn upon Yoir Dire and 
qualified by the Court.

G. M. Culver answered late and was excused.
The Court called Criminal Case Styled as follows:

Crim. #1395

I sia h  ( I z e l l ) C h a m b er s , J ack  W il l ia m  s o x , C h a r l ie  D avis 
and  W alter  W oodward ( W oodard) , Petitioners,

versus
T h e  S tate of F lorida , Respondent

Counsel for the Petitioners and the State of Florida an­
nounced that they were ready for trial. All this time Messrs. 
Phil 0 ’Connell and Louis F. Maire, were duly sworn by the 
Court as Assistant State Attorneys.



9

Now come the Petitioners, Isiah (Izell) Chambers, Jack 
Williamson, Charlie Davis, and Walter Woodward (Wood­
ard) in their own proper persons and by Sidney J. Catts, 
Jr., and John Ziegler, Esquires, appointed by the Court to 
their defense; also the State of Florida, by Hon. J. W. 
Salisbury, Hon. Phil O’Connell, and Hon. Louis F. Maire. 
Come also the following Jurors duly qualified and duly 
[fol. 15] sworn to try  the case, to-wit:
C. C. L indsay 
Chas. R. Barfield 
Charles M . M orris 
R. L. S tubbs

E. L. Green 
C. H. A rm strong 
F red  M . B urbach 
Jam es C. Ohm er

W m. J. B lankenship 
Jam es P. R iley 
F . L. C ory and 
Joe Griffin

The Court placed the Jury in charge of the Sheriff and 
ordered a brief recess.

The Jury was recalled and at the request of counsel, the 
witnesses were placed under the rule by the Court and were 
excluded from the Court Room.

The counsel for Petitioners and the State made opening 
statement to the Jury.

Jack Williamson, a petitioner was duly sworn and testi­
fied on his own behalf.

With Jack Williamson on the stand the Court ordered a 
recess until 2 :00 o’clock P. M. this date.

At 2:00 o’clock P. M. this date, the Court reconvened for 
the purpose of resuming the testimony in Criminal Case 
No. 1395—Isiah (Izell) Chambers, Jack Williamson, Charlie 
Davis and Walter WToodward (Woodard), Petitioners vs. 
The State of Florida, Respondent, the Honorable C. E. 
Chillingworth presiding as Circuit Judge. The petitioners 
being present in person and accompanied by their counsel; 
also the Counsel of the State of Florida, the Jurors em­
panelled to try the issue, and the officers of the Court. The 
trial was continued by the testimony of Jack Williamson, 
Petitioner, recalled to the Witness Box.

Walter Woodward (Woodard) a petitioner was duly 
sworn and testified on his own behalf.

A short recess was ordered, Jury  retiring in charge of the 
Sheriff.
[fol. 16] The Jury  was recalled, all parties being present 
the testimony was resumed, by the recall of Walter Wood­
ward (Woodard) to the Box.

Charlie Davis, one of the petitioners was sworn and tes­
tified on his own behalf.



10
At the conclusion of the testimony of Charlie Davis, the 

Court ordered a recess until 9 :00 A. M. Tuesday, October 
13th, 1936, with instructions to the Jury  to remain together 
in charge of the Sheriff, and not to discuss this case among 
themselves or with anyone whomsoever.

A ttest: Geo. 0. Butler, Clerk Circuit Court.

Tuesday, October 13th, A. D. 1936.

At 9:00 o’clock A. M. Tuesday, October 13th, A. D. 1936, 
the Court convened.

Present: Hon. C. E. Chillingworth, the Circuit Judge; 
Hon. W. Hiram Lawrence, Sheriff, and his Deputies: T. P. 
Riggs, H. E. Motter, IJ. L. Dyer, C. B. Bowen, A. E. Budd, 
J. T. Lawrence, and J. M. Tapscott, and Geo. 0. Butler, 
Clerk.

The Petitioners: Isiah (Izell) Chambers, Charlie Davis, 
Jack Williamson and Walter Woodward (Woodard) being 
present in open Court and accompanied by their counsel, 
Messrs. Sidney J. Catts, Jr., and John Ziegler, as also the 
Counsel for the State, and the Jurors empanelled to try  the 
case, the trial was resumed with the testimony of Charlie 
Davis, one of the Petitioners, who was recalled, and testified 
on his own behalf.

Isiah (Izell) Chambers, duly sworn as a petitioner and 
testified on his owTn behalf.

Charles H. Gordon, Deputy Clerk of the Circuit Court of 
[fol. 17] Broward County, Florida, was duly sworn and tes­
tified on behalf of the petitioners.

The petitioners rest.

The following witnesses were duly sworn and testified on 
behalf of the State;

Elbert B. Griffis, James Little; Frank Manuel; Willie 
Henderson; James (alias Prince) Douglas, from Raiford; 
Leonard Jackson; Mack Little.

The Court ordered a recess until 1 :45 P. M. October 13th, 
1936.

 ̂At 1:45 P. M. this date, the Court reconvened, Judge C. 
E. Chillingworth, presiding and the following present in 
open Court: Isiah (Izell) Chambers, Jack Williamson, 
( harlie Davis, and M alter Woodward (Woodard), the peti­
tioners, accompanied by their counsel, Messrs. Sidney J. 
Catts, Jr., and John Ziegler; the Attorneys for the State of



11
Florida; the Jury  empanelled to try  the issue, and the offi­
cers of the Court.

The following witnesses previously sworn, testified on be­
half of respondent, the State of Florida: Eddie Hamilton; 
B. B. Johnson; W. Ford; W. C. Mather (Attorney at Law ); 
Charles H. Gordon; Tom J. Collins; J. N. Cain; W. H. 
Blount; John Darsey; J. W. Coleman (Court Reporter of 
Broward County, F lo rida); Virgil W right; W. C. Goodrich 
and R. C. Helton.

The Court recessed until 9 :00 o ’clock A. M. Wednesday, 
October 14th, A. D. 1936, with the Jury  in charge of the 
Sheriff, and instructions to them to remain together and 
not to discuss this case among themselves or with anyone 
whomsoever.

Attest: Geo. 0. Butler, Clerk Circuit Court.

[fob 18] Wednesday, October 14th, A. D. 1936.

The Court convened pursuant to recess at 9:00 o’clock 
A. M. Wednesday, October 14, A. D. 1936. Present Honor­
able C. E. Chillingworth, Circuit Judge, presiding; the Peti­
tioners, Isiah (Izell) Chambers, Jack Williamson, Charlie 
Davis and Walter Woodward (Woodard) in person and 
accompanied by their counsel, Messrs. Sidney J. Catts, Jr., 
and John Ziegler; the attorneys for the State of Florida; 
the Jury empanelled to try  the issues; Geo. 0. Butler, Clerk, 
and W. Hiram Lawrence, Sheriff, and his Deputies; T. P. 
Riggs, H. E. Motter, H. L. Dyer, C. B. Bowen, A. E. Budd, 
J. T. Lawrence, and J. M. Tapscott.

The trial was resumed with the testimony of the follow­
ing witnesses who were sworn and testified on behalf of the 
Respondent, State of Florida: Robert L. Clark; Louis F. 
Maire, (State Attorney for Broward County, F lo rida); 
Walter R. Clark (Sheriff of Broward County, Florida) and 
A. D. Marshall.

The Respondent rests.

The Court recessed until 1 :45 P. M. this date.

At 1 :45 P. M. this date, the Court with Hon. C. E. Chil­
lingworth, Circuit Judge, presiding, resumed the trial of 
the foregoing cause, all of the Petitioners, Counsel and 
Court officials being present in open Court.

The Jury retired.



12
Hon. Sidney J. Catts, Jr., counsel for the Petitioners 

moved the Court for a directed Verdict for his clients; this 
motion was denied by the Court who directed that the Jury 
be recalled. The Jury returned to Court Room.

Counsel for the Petitioners and the Respondent argued 
the case to the Jury.
[fol. 19] The Court read a written charge to the Jury  on 
the law of the case, and the Jury having heard the evidence, 
the argument of counsel and the Charge of the Court, re­
tired to consider of the Verdict.

On coming into the Court the Jury returned the follow­
ing Verdict which the Court received and ordered recorded:

In C ircuit  Court op t h e  F if t e e n t h  J udicial  C ircu it  of 
F lorida in  and for P alm  B each  C ounty

I saih  ( I zell ) Cham bers, J ack W illia m so n , C h a rlie  D avis 
and W alter W oodward (W oodard), Petitioners,

vs.

T h e  S tate of F lorida, Respondent 

V erdict

We, the Jury, find against the petitioners, Isiah Cham­
bers, Jack Williamson, Charlie Davis and Walter Wood­
ward, and in favor of the State of Florida.

So say we all.
F. L. Cory, Foreman.

The Court ordered the Verdict recorded.
The Court informed counsel that he would consider any 

further motions at some date to be fixed in the week begin­
ning on the 26th day of October, A. I). 1936.

The Jury was excused with the thanks of the Court.

No further business pending in open Court the Judge 
ordered a recess.

A ttest: Geo. 0. Butler, Clerk Circuit Court.

[fol. 20] On the 19th day of January, 1937, after the ad­
journment of said term, by virtue of a special order to that 
effect entered on December 2nd, 1936, the petitioners made



13

up and tendered their Bill of Exceptions, which, after due 
notice was settled and signed by the Judge, which Bill of 
Exceptions, Assignment of Errors and Stipulation or Notice 
is in the words and figures following, to-wit:

[fol. 21] In C ir c u it  C ourt of t h e  F if t e e n t h  J udicial  C ir ­
cuit  oe F lorida in  and eor P alm  B each  C ounty

Criminal #1395

I siah ( I z e l l ) Cham bers , J ack W illia m so n , C h a rlie  D avis 
and W alter  W oodward (W oodard), Petitioners,

vs.
T h e  S tate of F lorida, Defendant 

Bill of Exceptions

C ertificate  of J udge

I, C. E. Chillingworth, Judge of the Circuit Court of the 
Fifteenth Judicial Circuit of the State of Florida in and 
for Palm Beach County, do hereby certify that during the 
progress of the cause pending in said Court wherein Isiah 
(Izell) Chambers, Jack Williamson, Charlie Davis and 
Walter Woodward (Woodard) were petitioners and the 
State of Florida was defendant the following proceedings 
were had viz:

On the 12th day of October A. D. 1938, during a term of 
said Court the issues joined between said parties said cause 
came on to be tried before a jury and the said parties hav­
ing concluded and submitted their evidence, the Court there­
upon instructed the jury and the said cause having been 
submitted to the jury by the Court under its charges and 
the jury having returned a verdict against the petitioners 
and in favor of the defendant.

[fol. 22] [Title omitted]

Transcript of testimony taken before Hon. C. E. Chilling- 
worth, Judge of the above styled Court, and a jury of twelve 
men, at West Palm Beach, Palm Beach County, Florida, 
on Monday, October 12, A. D. 1936, at 9:30 o’clock A. M., 
when the following proceedings were had :



14

A ppea r a n c es

J. W. Salisbury, Esq., Lewis F. Maire, Esq. and Phil 
O’Connell, Esq., Attorneys for the State.

Sidney Catts, Jr., Esq., John Ziegler, Esq. and Attorney 
R. L. McGill, Attorneys for Petitioners.

Mr. Catts: The petitioners in error, and each of them, 
except to the Court’s direction to the Clerk to administer 
the oath to the jury in the following form: “ You and each 
of you do solemnly swear that you will well and truly try 
this issue wherein Izell Chambers, Jack Williamson, Charlie 
Davis and Walter Woodward are petitioners and the State 
of Florida is respondent, and a true verdict give according 
to the evidence. So help you God.’’

The Court: The Court offers to have administered to the 
jury either the above oath or the oath of ‘ ‘ true deliverance 
make between the petitioners and the State of Florida,’’ as 
counsel for petitioners may request.
[fol. 23] Mr. Catts: Counsel for petitioners decline to re­
quest either.

(The civil oath was administered.)
Jury impaneled at 11.25 A. M.

J ack W illiam son , being first duly sworn by the Clerk, 
testified on behalf of the petitioners as follows :

Direct examination.

By Mr. Catts:
Q. Your name is Jack Williamson?
A. Yes, sir.
Q. How old are you, Jack?
A. I am 23 the 14th of this past September.
Q. On or about May the 12th or 13th, 1933, where were 

you living?
A. I was living in Pompano, Florida.
Q. Where were you born?
A. In Georgia, Emanuel County.
Q. And who were you living with in Pompano on or about 

the 12th or 13th of May, 1933?



15

A. Living with Walter Woodward at Mr. Blount’s quar­
ters.

Q. Just where are the quarters located with reference 
to the railroad crossing there in Pompano!

A. It is on the east side of the railroad.
Q. About how far from the railroad!
A. I don’t know exactly the distance, I never measured 

it, or heard any one say ; it is around a mile.
Q. Were you arrested down there about that time!
A. I  was arrested on the 14th night of May, Sunday 

night.
Q. Sunday night, the 14th of May, 1933!
A. Yes, sir.
Q. About what time of night?
A. It was between 11 and 12 o’clock. I didn’t have no 

timepiece, I  don’t know exactly what time it was.
Q. Who was with you at the time you were arrested?
A. Walter Woodward, Izell Chambers and Claudie Mack.
Q. Are both of these boys in the court room?
A. Yes, sir.
Q. Point out where Walter Woodward is, which one of 

these boys?
A. That one with the light clothes.

[fol. 24] Q. This is Walter Woodward?
A. Yes, sir.
Q. And this one?
A. Izell Chambers.
Q. They were with you at the time you were arrested, 

they and one Claudia Mack?
A. Yes, sir.
Q. State what happened at the time you were arrested; 

what officer arrested you, and just -what happened at the time 
the arrest was made ?

A. On Sunday night, May the 14th, 1933, about 11 or 
12 o’clock. Mr. Bob Clark, Chief Maddox of Pompano, some 
three or four men came there and called and knocked on the 
door, and I  wakes up and opens the door and they come in.

Q. Who is Chief Maddox?
A. He is Chief of Pompano.
Q. Chief of police of Pompano?
A. Was at the time.
Q. And Robert Clark?
A. Yes, sir.



16
Q. Who was Robert Clark?
A. A deputy sheriff. I  didn’t know who he was at that 

time.
Q. Do you know whether he is brother to the Sheriff 

there ?
A. Yes, sir, I hear he was brother to Mr. Walter Clark.
Q. Go ahead?
A. They came there and arrested me; they put hand­

cuffs on.
Q. On who?
A. On me first because I opened the door for them.
Q. All right.
A. They walked in and so they put handcuffs on all four 

of u s ; and on the way to the car—they had a car parked 
out there at the quarters, around a hundred yards from the 
corner of the house, between the house and the car, they 
had a man chained to an old car side of the road.

Q. Who was the man?
A. Frank Manuel. They took him and put him in the 

car and carried us to Fort Lauderdale.
Q. What was said by these officers at the time they ar­

rested you ?
A. I asked them what it was about, or what did they held 

me for; they said “ never mind about that, come on and go 
with us.” So they made us trot from the house to the car.

Q. Why did they say they made you trot ?
A. They said they was dodging a mob, to keep the mob 

from getting us.
[fol. 25] Q. And did you go on the run from the house to 
the car?

A. Yes sir.
Q. How many of you were put in the automobile; were 

you all put in the same automobile ?
A. Yes, sir, five of us.
Q. You were all put in the same automobile?
A. Yes, sir.
Q. Now what happened to you after they put you in the 

automobile ?
A. They took us to Fort Lauderdale Jail; took the hand­

cuffs off me when they got to the county jail and took me 
back there in a room.

Q. Where was this room in the county jail?
A. It was down at the bottom when we first came in. I  had 

never been in the jail, never had been in a jail before. When



17

they come in the door they took me alone and carried me 
back into a little room that way from the door.

Q. They didn’t bring the other boys in there with yon?
A. No, sir. Chief Maddox set me down in the chair and 

he cocked his pistol and stuck it in my neck, side of my 
head, and Mr. Bob Clark hit me there.

Q. What did he hit you with?
A. A pistol.
Q. What did he say to you?
A. I  don’t remember, I don’t recall.
Q. Who all was present besides Bob Clark and Chief 

Maddox ?
A. Bob Clark and Chief Maddox, and men was coming in 

and out, I  didn’t know anyone; I  hadn’t been down here 
that long. Then they take me upstairs and put me in a cell 
and kept me there until about daylight; about daylight that 
morning they took me back down in the same room they had 
me in before.

Q. That room you were in first, when they put you in there 
first, was just a private cell; did it have a bed in it ?

A. It was a room that had a chair in i t ; it wasn’t any cell, 
it was down in the bottom on the ground, had a chair and 
tools, something or other.

Q. How big a room was it?
A. I don’t know just how large it was; it was a square 

room.
Q. As far as from here to the wall over there?
A. No, sir, I  don’t think it was that large.

[fol. 26] Q. Go ahead and tell what happened when you 
came back down there ?

A. They took me back down there that morning about 
daylight, and Mr. Sheriff Walter Clark, Mr. J. T. Williams 
and Chief Maddox was down there; so they sit me down in 
the chair, and Mr. J. T. Williams had a bicycle tire and it 
was loaded with something; so he hit me side of the head 
and knocked me out of the chair, and when I went to get up 
he kicked me in the left side. So they took me then and 
carried me back up to my cell and put me by myself that 
time around in another tier.

Q. Was this the first time you ever see Capatin Williams, 
that morning?

A. Yes, sir, the first time.

2—195



18

Q. When they took you back down to that room that 
morning was the first time you ever see Captain Williams!

A. Yes, sir.
Q. What size man was Captain Williams ?
A. He would weigh about 230 or 40 pounds.
Q. Did the Sheriff or Mr. Maddox or Captain Williams 

say anything to you at the time they hit you down there that 
morning ?

A. Yes, they says something but I  can’t remember what 
they said. They cursed me, it was curse words; I was 
scared so I  don’t know what they said.

Q. Who were there ?
A. Mr. Sheriff Walter Clark, Mr. J. T. Williams; several 

of them cursed me; these was the only men that I knew.
Q. How long did they keep you there; was it before day­

light or after daylight?
A. They carried me down there right around daylight.
Q. Now after they left there you said they took you to a 

private cell?
A. Yes, sir.
Q. Where was that private cell?
A. It was upstairs. I had never been in the jail. I don’t 

know just how the jail was built.
Q. Do you know what floor it was ?
A. No, sir, I don’t know just what floor it was.
Q. You were in a cell by yourself?
A. Yes, sir, by myself; but they took me out of there 

later and carried me across—they never carried me down­
stairs—so they carried me to a room where a bed was and 
[fob 27] a radio and I was taken out, he hit me, Mr. J . T. 
Williams.

Q. Who was it that took you out?
A. Mr. A. B. Marshall.
Q. He unlocked the door of your cell and took you to the 

other room?
A. Yes, sir, took me across to the room; I was taken out 

several times that day until late that evening; so they 
brought me back that night; then they came up there and 
took five of us and carried us to the Miami jail.

Q. What time of night was that?
A. It was the first part of the night.
Q. After dark?
A. Yes, sir, it was after dark.
Q. Who come up there to get you?



19

A. The jailer.
Q. Mr. Marshall?
A. Yes, sir.
Q. Anybody with him ?
A. No, sir. When he come there was a man standing at 

the door of the elevator.
Q. After you were taken across to the room where the 

radio and the bed was, who all was there during that time ?
A. Mr. J . T. Williams, Mr. Bob Clark, Chief Maddox, and 

another man with glasses, and I never knew him, I just 
remember him having on glasses.

Q. Did Mr. Marshall stay in the room there with you?
A. Yes, sir.
Q. He was there all the time you were there ?
A. Yes, sir.
Q. And Captain J. T. Williams was there all the time you 

were there?
A. Yes, sir; he was the one that did the slapping.
Q. Was Sheriff Clark there all that time?
A. Yes, sir.
Q. Did anybody in the room at any time during the day 

on the several occasions you said you were called in there 
with the bed and radio, did anybody else hit you, other than 
Captain Williams?

A. No, sir.
Q. He was the only one?
A. Yes, sir.
Q. When you were taken out of that room where were you 

taken to first?
A. Taken right to the cell, the private cell.
Q. Nobody in there with you?
A. No, sir.
Q. You never did go back to the bull pen after the first 

[fol. 28] time you were taken there?
A. No, sir.
Q. Who took you to Miami?
A. Mr. J. T. Williams and Sheriff Walter Clark.
Q. Who else was in the car?
A. Five; me and Izell Chambers, Mack Little, Frank 

Manuel and Walter Woodward.
Q. Did they tell you where they were taking you ?
A. No, sir, but on the road down there, there was a speed 

cop run up side of us, Sheriff Walter Clark was driving the



20

car and he told the cop that he had some negroes that he 
•— taking down to Miami to escape a mob.

Q. The Sheriff told the police officer that?
A. Yes, sir.
Q. That’s the first time you knew where you were going?
A. That was the first time. They took me down there and 

put me back up in the jail, and when they went to beating 
the boys in jail, Captain J. T. Williams told them to take 
that light son-of-a-bitch and put him in one of them death 
cells; and the man said he didn’t have any blankets, and he 
said “ never mind the blankets” , so he put me in the death 
cell.

Q. Anybody there with you?
A. No, sir.
Q. How long did you stay in there?
A. I stayed in there until the next day.
Q. They feed you in there?
A. Yes, sir.
Q. Anybody come to the cell to see you while you were in 

the cell in Miami?
A. Yes, sir.
Q. That was in Dade County jail?
A. Yes, sir.
Q. When were you taken out of that cell that night?
A. I was taken out that night say around 12 o ’clock.
Q. Who took you out ?
A. Mr. Virgil Wright and Mr. Bob Clark.
Q. Virgil Wright an officer in Broward County?
A. Yes, sir, he was an officer, as far as I know, at that 

time.
Q. Have his gun with him?
A. Yes, sir.
Q. Did the jailer in Miami also come to the cell door to 

[fol. 29] get you?
A. Some men came there.
Q. They come to the door with Virgil Wright?
A. Yes, sir.
Q. What did they do with you then?
A. They took me and brought me back to Broward County 

jail and put me in a private cell again.
Q. V ho all was with you when you came back to Broward 

County ?
A. These two cars, they drove them up in two cars. I dis- 

remember who was in the car that I  was in.



21
Q. And what did they do with you?
A. Carried me back and put me in the private cell they 

had me in at the beginning.
Q. The same cell?
A. Yes, sir.
Q. What time did you get back ?
A. Around two o ’clock.
Q. In the afternoon?
A Y p o  cn r*

Q. Was that Tuesday?
A. Tuesday, yes, sir.
Q. After you were arrested on Sunday night?
A. Yes, sir.
Q. How long did you stay there then in that cell before 

anybody came for you again?
A. About two hours.
Q. Go ahead and tell what happened that time.
A. I was taken out about two hours after I  came back 

from Miami, and J. T. Williams, Mr. Sheriff AValter Clark, 
Mr. Bob Clark, Mr. Chief Maddox, and some more men I 
didn’t know, Mr. J. T. Williams he beat me over the head.

Q. Tell me where you were taken again and who came to 
the cell to get you?

A. The jailer, Mr. A. D. Marshall.
Q. Did anybody come with him?
A. No, sir.
Q. Where were you taken?
A. I was taken across into the same room where the radio 

and bed was, and then while Mr. J. T. Williams and Mr. 
Bob Clark and Sheriff Walter Clark was there, he beat me 
with a bicycle tire loaded with something, beat me with his 
fist and knocked me down.

Q. What was he saying during this time?
A. I don’t recall just what he was saying; he was cursing, 

and they kept me and beat me around and then they put me 
back in the cell, and later on that evening—I didn’t have any 
timepiece—but later ou in the evening he came back up 
there and got me again.
[fol. 30] Q. Who come and got you?

A. Mr. A. B. Marshall, he would come for me every time, 
he was the onliest man to take me out of the cell. They 
took me back over in the same room where the bed and radio 
was at down there where Mr. J. T. Williams would hit me 
and strike me. So that evening he told me, Mr. J . T. Wil­



22

liams says “ it isn’t what you want to say but it is what we 
tell you to say; you are going to tell me what we want you 
to say” ; so then they beat me and knocked me around. I 
told him “ no, sir, I  don’t know anything about it .”  They 
beat me that evening. So they took me out of there and 
carried me back up to the private cell, where they had me 
once before, and came back again that night around first 
dark, at that time Mr. A. D. Marshall got me and carried 
me back in the bedroom where the bed and radio was. Mr. 
J. T. Williams he beat me again with a loaded bicycle tire, 
knocked me down, knocked me almost unconscious. He 
says “ it isn’t what you want to say, it is what we tell you to 
say, you have got to say what we tell you” ; so he beat me 
until Wednesday morning, all night Tuesday until Wednes­
day morning, I don’t remember how many times I  was so 
scared.

Q. You mean to say they would take you to the bed room 
and when they took you out of there they took you back to 
the cell where you were and put you in by yourself?

A. Yes, sir.
Q. That continued all that night, you say you don’t know 

how many times ?
A. No, sir, I don’t remember how many times.
Q. You sleep any that night?
A. No, sir.
Q. What happened to you the next morning?
A. The next morning they didn’t bring me back. I t came 

out in the newspaper that Frank Manuel and Mack Little 
confessed to the crime. So they didn’t bother me Wednes­
day.

Q. How did you know it came out in the paper?
A. I read it.
Q. Did you have the newspaper ?
A. Tes, sir. So they didn’t bother me Wednesday night.

[ lol. 31] Thursday in the morning they came back for me 
again, Mr. A. D. Marshall came for me, took me out of the 
cell and took me across over there into this same room where 
the bed and radio was.

Q. Could you see the room where the radio and bed was 
from your cell in where they had you by yourself?

A. No, sir.
Q. How far would you say it was from that room?
A. I don t know, but it was on the same floor. I don’t 

know just the exact distance, and I was so scared at the 
time.



23

Q. It wasn’t right across the hall from you?
A. It was across the hall, but I don’t know anything about 

the jail at the present.
Q. It wasn’t directly across the hall?
A. No, sir. So on that Thursday evening they came back 

for me again.
Q. They didn’t come for you any time between Wednes­

day morning until Thursday?
A. No, sir. So they beat me Thursday evening and 

Thursday night.
Q. Who did?
A. Mr. J. T. Williams, with a loaded bicycle tire, trying 

to make me say what he told me to say ; they told me over 
and over, sit down and tell me what to say, and I  would 
tell them that I didn’t know anything about that, and they 
would knock me out of the chair, and another man would 
hit me, Mr. J . T. Williams would knock me down and strike 
me with the bicycle tire, and I would get up and get in the 
chair and he said “ don’t you know that some nigger has 
got to die for this, and we just as soon it be you as any one. 
All we got to do is to blow a long whistle and the whole 
mob of Pompano will be here for you in a few minutes.” 
I said “ I don’t know, sir.” So they took me back that time 
and put me back in the private cell where they first put me 
in. So they came back again way in the night that night 
and brought me out again; so they beat me that time and 
knocked me unconscious.

Q. This was way late in the night?
A. Yes, sir.
Q. Who came in there at that time?
A. Mr. Sheriff Walter Clark, the man with the glasses on, 

J. T. Williams; he was the man that done the beating.
Q. Captain J. T. Williams?
A. Captain J. T. Williams. So they took me and carried 

ffol. 32] me back and put me back in the private cell.
Q. Took you out while you were still unconscious?
A. No, when I got up where I could walk. I was crazy, 

I don’t know, but when I knew anything I  was in the cell.
Q. What did he beat you with?
A. Beat me with a loaded bicycle tire, or sticks and with 

their fist and kicked me, and I don’t know wThat else. So 
they came back Thursday morning about daylight and took 
me out again and carried me into that room and they bead 
me that time, tried to make me say I knew Charlie Davis. 
On Friday morning I  told them, “ no, sir, I  never see him



24

until I see him now. ’ ’ So he heat me terribly to make me say 
I knew Charlie Davis. I told him “ no, sir, I had never see 
him before’’, and he knocked me unconscious at that time, 
and they struck me and cursed me and tried to make me say 
I knew Charlie Davis.

Q. Did you finally say you knew him?
A. Yes, sir.
Q. Why did you say you knew him?
A. I was scared they were going to kill me.
Q. Where was this happening?
A. In the same room. So they took me back and put me 

back in this private cell. So they took me out later on the 
same day and beat me again and asked me questions that 
I don’t remember. So they took me back. That time they 
beat me again Friday night, and beat me with a bicycle tire 
and kicked me and knocked me around off and on all Satur­
day night. So Saturday they come later in the day Saturday 
morning and took me out again and they beat me again to 
make me say I knew Charlie Davis.

Q. Who took you out then?
A. A. D. Marshall, the jailer, took me out.
Q. Who came up there with him?
A. Mr. Sheriff Walter Clark, Bob Clark and Chief Mad­

dox, Mr. J. T. Williams, and the fellow with glasses, and 
tha t’s the only folks I knew; I hadn’t been in Florida long 
and I didn’t know anybody at the time.

Q. Go ahead?
[fol. 33] A. They took me out and beat me that time and 
made me to say I knew Charlie Davis again, and took me 
back in the cell, put me back into this private cell. So later 
in the evening, Saturday evening, they came up there, took 
me out of the cell again, and so they beat me up Saturday 
evening, and brought me back to the cell, and I  stayed just 
a few minutes, and carried me right back again, and just 
kept me walking off and so on until way up to dark ; so they 
brought me back, in just a few minutes and took me back 
for them again, and when I come back for them that time 
Mr. J. T. Williams told them, said “ we — going to turn 
him over to the mob if he don’t say what we told him to 
say” , and trying to get me to tell what they told me, and 
beat me up trying to make me say it, and I couldn’t remem­
ber every time they called me back, I  couldn’t remember 
it, and they were telling me over and over again, so finally



25

they got a grass rope that way laying there and they took 
the grass rope, and carried me to the bull ring cell——-

Q, On what floor was the bull ring cell ?
A. It was on the same floor. Carried me to the bull ring 

cell and tied the rope around my neck, and some one got one 
side and some on the other and caught the other end of the 
rope, and pulled me up by my neck, and beat me with the 
bicycle tire, and beat me with sticks and beat me until I  
was unconscious, then they dropped me back to the floor; I 
would get up and they would snatch me up, tell me what to 
say, and they try  to make me say it, so I  told them I couldn’t 
remember i t ; so they did that again and again until they did 
it three times, and I told them the last time if they wouldn’t 
— it any more I would tell what they told me to say.

Q. What time of night was the last time they took you in 
there ?

A. It was late, way in the night. I don’t know just what 
hour.

Q. On how many times on this Saturday night did they 
take you from your cell to that room?

A. I don’t know just how many times it was.
Q. Did they keep you up all night?
A. Yes, sir, all night.

[fol. 34] Q. How long would it be between the times when 
they would come back and get you?

A. Just a few minutes. I  didn’t have any timepiece, I 
don’t know the exact time.

Q. Did you sleep any that night?
A. No, sir, I  was trying to pray.
Q. Did you see any of these other boys in there?
A. No, sir.
Q. Did you hear them take any other people out of these 

cells ?
A. Yes, sir.
Q. Hear anything that was goird on with the other people?
A. Yes, sir, I  hear them hollering, I heard the licks.
Q. How long did you hear that going on?
A. This was a continual thing.
Q. All the week ?
A. All the week, all night.
Q. You didn ’t know who they were beating at any time ?
A. No, sir, I couldn’t recognize the voices. I  recognized 

Izell Chambers voice once on Saturday night.



26
Q. About what time was it on Saturday that you finally 

told them that you would tell them what they wanted you to
say?

A. It was in the morning; it was just a few minutes after 
they put me back, and they brought me back, and had all the 
other boys sitting in a chair in the other room.

Q. After you told them that did they put you back in the 
cell ?

A. Yes, sir.
Q. When you told them that were you in the bull ring- 

place ?
A. I was in the bull ring place.
Q. They were putting the rope around your neck in the 

bull ring place ?
A. Yes, sir.
Q. How long was it then before they came back to get you 

after you told them you would tell what they wanted you to
say?

A. I don’t know exactly how long, around 25 or 30 min­
utes.

Q. Had they been telling you what they wanted you to
say?

A. Mr. J. T. Williams and Mr. Sheriff Clark had, yes, 
sir.

Q. They told you what it was they wanted you to say?
A. Yes, sir.

[fol. 35] Q. When they come and got you the next time, 
after they had put the rope around your neck the last time 
where did they take you after you told them that you would 
tell what they wanted you to say, and took you back to your 
cell, the next time they got you where did they take you ?

A. They took me over to a little room where there was a 
sofa setting there and a bunch of chairs, right across the 
hall on the same floor.

Q. Who was in that room when you got there ?
A. Mr. J. T. Williams, he came in with the jailer and got 

me that time, he was with the jailer when the jailer come 
after me, and they had Charlie Davis and Walter Woodward 
and Izell Chambers there when I  got there.

Q. Who else was in the room?
A. There was some more men but I  didn’t know who they 

was.
Q. You know Mr. Maire?



27

A. I know him.
Q. You know whether he was one of the men that came in 

the room that morning?
A. Yes, sir.
Q. What time in the morning was it ?
A. It was around sunrise.
Q. Were the lights still lit there in the room?
A. Yes, sir, I  think they were, but it wasn’t necessary.
Q. Just about daylight?
A. Yes, sir.
A. You know Mr. Maire was there that time?
A. Yes, sir.
Q. He is the gentleman who is sitting over at this table?
A. Yes, sir.
Q. Did you see the court reporter there taking down what 

you said?
A. There was some three or four men there but I  didn’t 

know the court reporter from nobody else at the time.
Q. Captain Williams was still there ?
A. Yes, sir.
Q. And Sheriff Clark was there?
A. Yes, sir.
Q. Just why was it that you said, whatever it was you 

said, there at that time to the officers of the law and the court 
officials, just why did you say what you did at that time?

A. Because they said they would kill me; they did every­
thing else to me but kill me, and I  thought tha t’s what they 
[fol. 36] would do; they said they would do it, if I  didn’t 
say what they told me to say they would kill me.

Q. That’s the sole reason you did it?
A. Yes, sir, because they did everything else to me, ex­

cept kill me. I  was scared to death.
Q. That was on Sunday morning, you say?
A. Yes, sir.
Q. Following the May 14th on which you were arrested?
A. Yes, sir.
Q. About sunrise in the morning?
A. Yes, sir,
Q. And that night had you slept any at all ?
A. No, sir.
Q. How many times would you say you had been brought 

from the cell where you were kept?
A. I don’t remember how many, lots of times, so many I 

don’t remember.



28

Q. And that night you heard other people being beat ?
A. Yes, sir.
Q. Now after that time were you later brought into court 

down there and charged with a capital offense?
A. Yes, sir.
Q. Did you enter a plea of guilty in that case ?
A. No, sir. They told me to enter one.
Q. What plea did they tell you to enter, and what did you 

enter ?
A. They told me if the Judge asked me was I  guilty to say 

yes. Mr. Sheriff Walter Clark and Mr. J. T. Williams came 
to my cell door that morning, early in the morning, tole me 
I was going down before the Judge this morning, if the 
Judge asks you you better say yes, or we will put a rope 
around your neck, we will tie the rope around your neck and 
swing you over a limb and riddle you with bullets. So after 
he carried me down in the court room that morning, I  was 
sitting over on some benches and he carried me off next to 
the jury stand there and he told me the same thing over 
again.

Q. Who did that?
A. Mr. J. T. Williams, and he told me the same thing over 

again, him and Sheriff Clark came to the cell door.
Q. That Sunday morning, Jack, when you were brought 

down, after you had told them you would say what they 
wanted you to say, and Captain T. J. Williams and Sheriff 
[fol. 37] Clark were present there at that time, was there a 
typewriter there in the room at that time ?

A. Yes, sir, I think there was.
Q. That was in the jail at Broward County. Were you 

given any paper to sign there at that time ?
A. No, sir.
Q. You weren’t given a paper to sign at that time?
A. No, sir.
Q. Were you later given a paper to sign?
A. No, sir.
Q. You never were given a paper to sign?
A. No, sir.
Thereupon at this time a recess was taken until 2 o ’clock 

P. M.



29

Afternoon Session

J ack W illia m so x , th e  w itn e ss  on  th e  s ta n d  a t  a d jo u rn ­
m ent, r e tu rn e d  to  th e  s ta n d , a n d  te s tif ie d  as fo l lo w s :

Direct examination (Resumed).

By Mr. C atts:

Q. Jack, during the time that you were in jail that you 
testified about, in Broward County, did any of the trusties 
around the jail visit you in your cell?

A. Yes, sir.
Q. Which one or how many; tell the jury just who did 

visit you ?
A. Prince Douglas, he visited me and brought me some 

salve to go on the places that was cut, and on the back of the 
head here where J . T. Williams hit me on this side.

Q. Stand up and show that to the jury. (Witness stands 
before the jury). How many times did Prince Douglas visit 
you in your cell ?

A. He visited me several times, I  don’t know just how 
many times.

Q. At the time he visited you, you say he brought you 
some kind of salve preparation?

A. Yes, sir.
Q. Did you use that, or did he put it on?
A. He put some of it on the back here, and this here, and 

he left a little bit with me.
Q. How many times did he visit you ?
A. He visited me several times, he visited me quite a 

number of times.
Q. These wounds you have testified about on your head, 

what caused them?
A. Mr. J. T. Williams, he hit me there and caused this 

[fol. 38] wound.
Q. Show the jury the scar you have reference to that was 

inflicted by Mr. J. T. Williams and tell the time it hap­
pened?

. A- He hit me there on Thursday night, and Mr. Bob Clark 
hit me there on the night which I  was arrested, which was 
Sunday night; he hit me with his pistol; and this scar, Mr. 
J. T. Williams hit me; and others. I don’t know who they 
are. There is a lot I don’t know who all they were.



30

Q. Turn around and let the jury see? (witness turns 
around).

A. That’s where Mr. Bob Clark hit me, and Mr. J . T. Wil­
liams kicked me on the side.

Q. Is there any scar there ?
A. No, sir, there is no scar; on the inside there is a know.
Q. This scar down in the middle of your forehead?
A. No, sir.
Q. What caused that?
A. I got it in a wreck.
Q. Automobile wreck?
A. No, sir, motor car wreck.
Q. That happened some long time before this happened?
A. Yes, sir.
Q. Any other scars on your head you can show the jury 

caused by anything else; do you have any scars which were 
caused by anything else ?

A. No, sir. Only that long scar, it was caused by a wreck, 
that long scar comes from the front of my head and ends 
right up here back of my ear. Mr. Bob Clark hit me just 
above that scar. That scar is not connected with it. That’s 
where he hit me with his pistol.

Q. That scar that goes all the way across the top and side 
of your head was caused by an accident?

A. Yes, sir.
Q. But this one scar, V-shape, was made by Mr. Bob Clark 

hitting you with a gun ?
A. Yes, sir.

Cross-examination.

By Mr. Maire:

Q. Jack, what night was it you say you were arrested?
A. On the 14th of May, Sunday night.
Q. And who arrested you?
A. Mr. Bob Clark and Mr. Chief Maddox, three of four 

[fol. 39] other men, I don’t know who they were.
Q. Mr. Helton?
A. No, sir.
Q. Who brought you to the Broward County jail?
A. Mr. Chief Maddox and Mr. Bob Clark.
Q. Just the two of them brought you to the jail?
A. Yes, sir, brought five of us there.



31

Q. Where did they first take you when, they first brought 
you to Broward County jail?

A. They took me aloose and took me to a little room, 
and Chief Maddox stuck his pistol to my neck and Mr. 
Bob Clark hit me there with his pistol.

Q. They did that before asking you any questions in 
there ?

A. I don’t recall; they said so much and cussed me so 
much, I  don’t know what they said. I was scared.

Q. You weren’t so scared you don’t recall some of the 
things you have testified about, do you, Jack; you recall 
everything you testified about, don’t you?

A. I  don’t know just what you are talking about.
Q. Don’t you remember what you have already told this 

jury?
A. Yes, sir.
Q. Was there anybody else in the sheriff’s office at that 

time ?
A. Yes, sir, there was men going out and in there.
Q. Men going in and out?
A. Yes, sir.
Q. Any women around there?
A. No, sir, I  don’t remember any.
Q. What floor in the Broward County court house is the 

sheriff’s office on, do you remember?
A. I  didn’t know the sheriff’s office from no other office 

at that time. This was on the bottom, when I  first walked 
into the door and back in a room there.

Q. Was this on Sunday that they stuck the pistol at you 
and hit you that you testify about, or was that on Monday?

A. It was on the night I  was arrested, I don’t know what 
time of night, I  didn’t have any timepiece.

Q. How many times have you testified before with re­
spect to the issues involved in this case? You understand 
my question?

A. Not exactly, no, sir.
Q. Do you know how many times you have testified in 

[fol. 40] this case?
A. Three.
Q. Is this the fourth time?
A. Yes, sir.
Q. Did you testify in the last hearing on the 21st day of 

February, 1935, that this happened on Monday morning, 
after you were arrested on Sunday?



32

A. I  don’t remember wbat I  said in the last hearing.
Q. I  asked you then on the 21st day of February, 1935, 

if you had testified in this case before, and here is the ques­
tions I asked you and the answers you gave; now listen and 
see if this isn’t true; “ You remember when you testified 
before I asked you this question,—I will go back and ask 
you this question: what occurred on Monday morning, that 
was the 14th? (Q.) What? On Monday morning after
the 14th; that is what you said, and I said After the 14th; 
and you said, On Monday morning after the 14th. And 
I said Who was present when he did that? And you an­
swered, Mr. Chief Maddox; he was the man that had the 
pistol cocked; stuck it to my neck, and I  asked you this 
question: Anybody else present? and you said, Yes, sir, 
there were three of four men in there, but I didn’t know 
them.” Now did you testify that way in this trial before?

A. No, sir, I don’t remember.
Q. Have you ever testified before any jury or any court 

room before you took the stand this morning right up there, 
that Chief Maddox and Bob Clark made you trot when you 
were arrested?

A. Yes, sir.
Q. You say that you testified to that before?
A. Yes, sir.
Q. When did you testify to that before?
A. I testified every time I  been on the stand.
Q. Don’t you know as a matter of fact you never testified 

to that before this morning?
(No answer.)
Q. Did you ever testify before this morning they told 

you they were making you run on account of mob violence?
(No answer.)
Q. Isn’t this what you testified to on the- last trial on the 

22nd of February, 1935: “ I was arrested on the 14th night 
of May of 1935 by Mr. Bob Clark and Mr. Chief Maddox, 
[fol. 41] I never knew no officers at that time, but I knew 
them when they had arrested me; so they wake me up out 
of the bed at Pompano, in Mr. Blount’s quarters. On the 
way to the automobile that they had parked out there in 
the quarters I saw that they had a boy tied in chains and 
was locked to a car bumper, and they taken him loose and 
brung us to jail here to Ft. Lauderdale, (and they taken 
me downstairs in the Sheriff’s office where they first brought 
me, and Mr. Chief Maddox of Pompano, he took a pistol



33

and stuck it to my neck.”  Isn ’t that what you testified 
to before?

A. I don’t recall.
Q. Are you swearing now you didn’t testify to that before ?
A. I don’t say I didn’t do it; I don’t recall it.
Q. You didn’t testify at that time that they said any­

thing to you about mob violence, or making you trot, did 
you!

A. I mentioned that every time I been on the stand.
Q. All right, you say now they took you to Broward 

County Jail on Sunday the 14tli at night, and th a t’s when 
Chief Maddox stuck the pistol in you and when Mr. Clark 
hit you?

A. Yes, sir, it was between 11 and 12 o’clock when I was 
arrested; at the time they got me up to the jail, I don’t know 
what time of night that was, but it was the following day 
of the 14th.

Q. You didn’t make a confession then, did you, as a result 
of that treatment?

A. When?
Q. The first night they arrested you on Sunday the 14th ?
A. Didn’t make any what?
Q. Confession or any statement or any admission of any 

kind?
A. No, sir.
Q. When was the next time that any officers or anybody 

in the jail did anything to you?
A. That morning at daylight when they brought me back 

down.
Q. That was Monday morning?
A. Yes, sir.
Q. And who was there then?
A. Mr. J. T. Williams, Mr. Sheriff Clark, Mr. Bob Clark, 

Mr. Chief Maddox.
Q. And what did they do to you then?
A. That’s when this J. T. WTilliams hit me with the loaded 

[fol. 42] bicycle tire and kicked me in the side.
Q. And where did that happen?
A. In the same room on the ground where I was first 

taken when I  first entered the jail.
Q. In other words, they brought you downstairs on the 

elevator?
A. Yes, sir.

3—195



34

Q. And that was on Monday morning?
A. Yes, sir.
Q. Did they do anything to you on Monday that day?
A. Yes, sir, they taken me out often, off and on all day; 

they struck me every time they took me out until Monday 
night.

Q. Until about what time Monday night?
A. It was late in the evening. I  didn’t have any time­

piece, I don’t know.
Q. Anything happen to you on Tuesday?
A. Yes, sir.
Q. What?
A. They started heating me Tuesday evening, they beat 

me Tuesday evening, and Tuesday night taking me back 
and forth all the evening Tuesday, and all night Tuesday 
night, off and on.

Q. You say they beat you all day Monday, too, off and on?
A. Off and on until late Monday evening.
Q. Beat you with a hose, did you say?
A. Bicycle tire loaded with something.
Q. Treated you pretty badly on Monday?
A. They beat me pretty bad all the week.
Q. And also on Tuesday and Tuesday evening?
A. Yes, sir.
Q. You remember all those things that you say now, 

don’t you?
A. Well there was licks; I should remember them.
Q. What happened on Wednesday?
A. They didn’t beat me Wednesday. Wednesday, Mack 

Little and Frank Manuel, it come out in the paper they 
had confessed to the crime that was committed. They didn’t 
beat me Wednesday.

Q. Up to Wednesday you hadn’t made any confession 
of any kind ?

A. No, sir.
Q. They do anything to you on Thursday?
A. Yes, sir.
Q. What did they do on Thursday?
A. They took me back and forth, walked me and beat me 

and struck me every time; I was taken out all day Thurs- 
[fol. 43] day and all night Thursday night.

Q. Who was there then?
A. Mr. J. T. Williams, Mr. Sheriff Walter Clark, he was 

there, and some more men.



35

Q. Chief Maddox, you know him?
A. Yes, sir.
Q. Was he one of them?
A. No, sir, he wasn’t there on Thursday.
Q. When you say the Sheriff, you mean Sheriff Walter 

Clark, this man here (pointing) ?
A. Yes, sir.
Q. What happened on Friday?
A. Well they took me out on Friday and walked me off 

and on all day and struck me every time I was brought out.
Q. Threaten you in any way?
A. Yes, sir.
Q. Tell you they were going to kill you?
A. Yes, sir.
Q. Just what did they tell you?
A. I  don’t remember all they did tell me, they told me 

so much.
Q. Were you scared?
A. Yes, sir, I  was scared and crazy, too.
Q. Well, you remember what happened; you weren’t so 

crazy you don’t remember what happened, do you?
A. I  should remember.
Q. Whether you were crazy or not?
A. I was bound to remember that.
Q. But you didn’t confess then, did you?
A. No, sir.
Q. On Friday?
A. No, sir.
Q. In other words, you had Sunday, Monday, Tuesday, 

Thursday and Friday, and you hadn’t made any confes­
sion, up until that time. Go ahead and tell what happened 
on Saturday.

A. Well they took me Saturday—beat me all night Friday 
night and Saturday morning they got me again and walked 
me all day Saturday and Saturday night, until late Satur­
day night they come for me and took me from across a 
private cell to where there was a bed and radio in there, 
and they had a grass rope, Mr. J. T. Williams, Sheriff 
Clark, A. D. Marshall, Mr. Chief Maddox, and some more 
men I don’t remember-----

Q. Was it Saturday morning they started walking you 
and beating you ?

A. Yes, sir.



36

[fol. 44] Q. Did they keep that up all day?
A. Yes, sir.
Q. Was Chief Maddox there, was he one of them?
A. He wasn’t there Saturday morning; I don’t know when 

he come there, hut he was there Saturday night.
Q. What time did they start walking you on Saturday 

night ?
A. They never did stop, they walked me off and on all 

day and Saturday night was when they come and take the 
grass rope and put it around my neck and pull me over the 
bar, tha t’s when I remember seeing Chief Maddox.

Q. About what time was it you remember seeing Chief 
Maddox ?

A. I don’t know. I didn’t have any timepiece. It was 
late in the night though.

Q. Have you ever testified before they beat you during 
the day time on that Saturday?

A. I don’t remember what I  testified.
Q. Saturday was the 20th of May, wasn’t it, or do you 

remember ?
A. I don’t remember.
Q. You remember what day the confessions were taken?
A. Yes, sir.
Q. What day was that?
A. I don’t remember the date, I  remember it was on Sun­

day morning about sunrise.
Q. You say they started Saturday morning the 20th and 

kept that up all day and all through the night ?
A. Yes, sir, they beat me all the week.
Q. Now you told about the balance of the week, I just 

want to get this Saturday part straightened out.
A. Yes, sir.
Q. Did they start early Saturday morning?
A. Yes, sir; it wasn’t so early. I didn’t have any time­

piece, I  didn’t have the correct time, I can’t say what time 
it was Saturday morning.

Q. You say that Sheriff Clark and Mr. J. T. Williams and 
some others were there, but Chief Maddox wasn’t there in 
the day time ?

A. W asn’t there in the day time.
Q- But at night Chief Maddox come around and joined 

[fol. 45] them ; is that right ?
A. Yes, sir.



37

Q. Didn’t you testify before they came and took you out 
long about seven o ’clock evening ?

A. I don’t know what I  testified.
Q. Now this time you testified last was the 21st day of 

February, 1935; do you remember that?
A. I didn’t just understand what you said.
Q. Do you know the last time you testified in the court 

room in Broward County?
A. Yes, sir, I  remember.
Q. That was just last year, 1935, wasn’t it?
A. I think so.
Q. And if there was any beating that took place in 1933, 

didn’t it?
A. Yes, sir.
Q. Let me ask you th is : did you testify on the 21st day 

of February, 1935: ‘ ‘ and they taken me out then on the 
20th of May and Mr. J. T. Williams taken me out about 
7 o ’clock in the evening, and they beat me, I don’t remember 
just how long it was between the spaces; it was a space of 
time, but they beat me and then told them to take me back 
and bring another one out.”  Did you testify to that?

A. I don’t remember.
Q. Did you give this testimony: “ so they beat me until 

I was crazy” .
A. Yes, sir.
Q. “ I  don’t know what I  said and what I didn’t say?”
A. Yes, sir.
Q. “ I said what they wanted me to say. So Saturday 

night about 12 or 1 :00 o ’clock, something like that—1 :30 
they come up there and bring me down into the jailer’s 
quarters, they say the jailer’s quarters—office up there, 
with a bed and radio in it, and they taken me in that office 
and set me in a chair and carry me over and over what 
to say, telling me what to say.” Did you testify to that?

A. I  don’t recall.
Q. But you recall everything you told this jury before 

I started questioning you, don’t you?
(No answer.)

[fol. 46] Q. Do you know a physician by the name of 0. 
F. Duncan and one named R. L. Brown?

A. Yes, sir.
Q. Do you remember when they went to Raiford and 

made an examination of you while you were at Raiford ?
A. Yes, sir.



38

Q. How long was that after you had been tried in Brow­
ard County before they made that examination?

A. I don’t know just how long; several months.
Q. You showed those doctors those scars at that time, 

did you?
A. Yes, sir.
Q. And you didn’t tell either one of those doctors then 

that any of these scars had been made in an automobile 
accident, did you?

A. Yes, sir, I think I did. I  don’t just recall whether 
I did or not.

Q. You were beat up you say by these men on Saturday 
night and Sunday morning, the 20th and 21st of May; and 
did you make a statement or confession that was taken down 
in writing in the presence of B. B. Johnson, W. F. Ford, 
W. C. Goodrich, Walter R. Clark, R. C. Helton, A. D. Mar­
shall, H. M. McNeal, J. T. Williams, Lewis F. Maire and 
J. W. Coleman, the Court Reporter at 6:30 o’clock in the 
morning ?

A. I  made a confession about sunrise Sunday morning.
Q. That’s when you made this confession, isn’t it?
A. That’s when I said what they had told me to say.
Q. That’s when you said what they had told you?
A. Yes, sir.
Q. Now you had been beat at that time from the day be­

fore, Saturday morning, all day and all night?
A. Yes, sir.
Q. With a rubber hose?
A. Off and on.
Q. Kicked?
A. Yes, sir.
Q. Had a rope tied around your neck?
A. Yes, sir.
Q. Scars made on your head, your head busted open; is 

that true ?
A. My head wasn’t busted open, but there was a gash cut 

in my head and scars all over my head in two or three 
places.

Q. Was there more than one gash in your head?
A. Yes, sir.

[fol. 47] Q. Had it healed up by that time?
A. No, sir.
Q. So that all these men that were present could have 

seen that gash on your head?



39

A. If they had looked for it, yes, sir, hut they never 
looked for it. I  wasn’t examined.

Q. All of these men there at that time were not sheriff’s 
officers and police officers, were they?

A. Sir?
Q. All of the men that were present were not sheriff’s 

officers or police officers, were they?
A. I don’t know what they were.
Q. You remember I was there, don’t you?
A. I remember you, yes, sir.
Q. And you remember that I  asked you whether anybody 

had promised you anything or not?
A. No, sir.
Q. Whether anybody beat you?
A. I don’t know what I  said I  was so crazy and scared, 

too.
Q. You remember me saying this and you answering it 

this way? “ Your name is Jack what?” You said “ Jack 
Williamson.” I  said, “ Jack, do you want to make a state­
ment about a case involving the robbery of Mr. Darcey at 
Pompano on Saturday, May 13,1933 ? ’ ’ And you said: “ Yes, 
sir.” I said: “ Has anybody mistreated you in any way 
to induce you to talk, anybody beat you or hit you or any­
thing like that?” You said “ No, sir.” I said, “ Has any­
body promised you any reward or anything at all to get 
you to talk?” You said, “ No, sir.” I said, “ You want 
to make a statement just to tell the truth about it in the 
presence of all these men?” You said, “ Yes, sir. ” Isay s: 
‘ ‘ What you are going to say you are going to say it because 
you want to say it and not because anybody has beat you or 
abused or hurt you or anything? You said: “ No, sir, they 
haven’t. ” Is that true ?

A. I don’t remember what I said.
Q. You don’t remember saying it?
A. No, sir.
Q. And you are testifying now if you did say that that 

wasn’t true?
A. I don’t know what I said.
Q. You know everything that happened to you but you 

don’t know what you said; is that right?
A. I know when I was struck and beat and kicked.

[fol. 48] Q. Now did you say that at that tim e; is it true 
or false?

A. I don’t remember saying that.



40

Q. You don’t deny saying it then!
A. I was crazy, I don’t know what I said.
Q. You were crazy from the result of all this beating!
A. Yes, sir.
Q. Well if you were crazy how do you remember what you 

have been telling this jury about!
A. I  should remember the licks and who hit me.
Q. Why shouldn’t you remember the rest of it!
A. I  don’t remember what I said because they had told 

me to say it, and carried me over it.
Q. What do you mean when you say “ they” !
A. Mr. Sheriff Walter Clark and Mr. J. T. Williams and 

the fellow with the fellow with the eyeglasses, and some 
more.

Q. Who took you from your cell the first time on Satur­
day!

A. Mr. A. D. Marshall took me each time, the jailer.
Q. Was that Saturday morning!
A. Yes, sir.
Q. You remember testifying this way on the last trial on 

February 21, 1935, when I asked you this question: “ Do 
you know about what time it was the first time they took 
you out of your cell that night, the night before the con­
fessions were taken” , and you answered like th is : “ It was 
right early, first of the night.” Did you testify that way!

A. I don’t remember what I testified.
Q. All you remember now and all you can think of to 

tell this jury is that these officers took and beat you all the 
evening long, and tha t’s all you can remember to tell them 
about it, isn’t it!

(No answer.)
Q. When did you commence to get crazy!
A. I don’t know the beginning when they all was beating 

on me.
Q. Were you kind of crazy on Monday after they beat you 

on Sunday!
A. I don’t remember.
Q. Were you kind of crazy on Tuesday after they beat 

you on Monday!
A. I don’t remember, sir.

[fob 49] Q. Were you crazy on Wednesday after they beat 
you on Tuesday!

A. I don’t recall, but I was crazy Sunday morning when 
they beat me and I lost sleep all the week up until Sunday.

Q. Were you crazy at any time before Sunday!



41

A. Yes, sir.
Q. They beat you up before Sunday, didn’t they?
A. They beat me all the week, every time I was taken out.
Q. You didn’t get crazy until you made the confession?
A. No, I was crazy all the time.
Q. Then you didn’t make the confession on account of 

being crazy, because you didn’t confess before Sunday 
morning, did you ?

A. I don’t remember.
Q. You didn’t make a confession on Monday, Tuesday, 

Wednesday, Thursday, Friday or Saturday, although you 
testified you had been beaten continually during all of those 
days, except Wednesday, yet you didn’t make a confession 
until Sunday morning, did you ?

A. I didn’t confess; I told what they told me to say.
Q. You told what they told you to say?
A. What they told me to say.
Q. After that statement was made on Sunday morning, 

then what happened to you ?
A. Sir?
Q. After they told what they told you to tell, then what 

did they do to you ?
A. Took me back and put me in a cell.
Q. What did they do after they put you back in the cell?
A. Well they come and told me off and on every day, they 

told me over and over what to say.
Q. Who did?
A. Mr. Sheriff Walter Clark and Mr. J. T. Williams.
Q. You had already said what they wanted you to say?
A. Yes, sir.
Q. Did they beat you anjr then ?
A. No, sir.
Q. They didn’t beat you after that Sunday?
A. No, sir.
Q. How many days was it after that Sunday before you 

were taken down before Judge Tedder and entered your 
plea?

A. I don’t remember.
Q. Was it several days?
A. I don’t remember just how long it was. It wasn’t the 

next day.
[fol. 50] Q. But you were taken down before Judge Ted­
der?

A. I was taken down there before some man, I  didn’t 
know whether it was Judge Tedder or who it was.



42

Q. You know where the court room is, don’t you?
A. Since I have been in it several times, but I didn’t know 

it before.
Q. You know now you are before Judge Chillingworth in 

a court room ?
A. Yes, sir, I realize it.
Q. And you were taken before Judge Tedder, weren’t 

you?
A. Yes, sir, I guess I  was.
Q. What did Judge Tedder tell you when you were 

brought up there to plead in this case?
A. I don’t remember.
Q. Don’t you know he asked you whether or not you had 

ever been beaten?
A. No, sir.
Q. You remember that?
A. No, sir.
Q. Did he ask you whether or not anybody had promised 

you anything to get you to plead ?
A. No, sir.
Q. Or whether any sort of representations had been 

made to you of any kind to induce you to make a plea ?
A. No, sir.
Q. You don’t remember that?
A. No, sir.
Q. Did anybody beat you up that morning?
A. No, sir. They come and told me what to say, they 

would take me out and tie a rope around my neck and hang 
me to a limb if I didn’t say what they told me.

Q. Who did all that?
A. Sheriff Walter Clark, Mr. J. T. Williams.
Q. Don’t you know that Mr. Clark and Mr. J. T. Williams 

never went up in the jail the morning you were brought 
down?

A. They went in my cell.
Q. Don’t you know that A. D. Marshall is the only man 

that saw you that morning and he was the only one that 
took you from the cell?

A. They come up there before he took me out of the cell.
Q. You swear they did?
A. Yes, sir.
Q. And they told you you better go in and plead guilty; 

is that right?
A. Yes, sir,



43

[fol. 51] Q. You remember that?
A. They told me over and over again.
Q. You weren’t crazy then if you remember that?
A. I was scared and crazy, too.
Q. Were you scared after you got in the court room?
A. Yes, sir, scared the whole time I  was in Broward 

County.
Q. Did Judge Tedder give you every opportunity to tes­

tify there in the court room and tell anything that happened 
to you ?

A. I don’t remember.
Q. You don’t remember that?
A. No, sir.
Q. On this Saturday night and Sunday morning you claim 

you were beaten, who did the beating?
A. Mr. J. T. Williams did the most of the bearing, tied 

the rope around my neck and swing it up on the bar, and 
Chief Maddox beat me, Sheriff Bob Clark struck me, and 
several other men—there was some other men that kicked 
and hit me, I don’t know who it was.

Q. Was Chief Maddox there?
A. Yes, sir.
Q. Was Bob Clark there?
A. Yes, sir.
Q. Don’t you know that Chief Maddox or Bob Clark 

weren’t over at the jail?
A. I know they was there from the time the rope was 

around my neck.
Q. Where was it they tied the rope around your neck ?
A. It was upstairs in the place called the bull ring.
Q. What did they tie the rope to?
A. They didn’t tie it to anything, they throwed it through 

a crack to a bar on one side and pulled me up on the other.
Q. Chief Maddox and Bob Clark did that?
A. Mr. J. T. Williams, Chief Maddox. Mr. Walter Clark 

didn’t have anything to do with that, he stood back with a 
pistol in his hand cursing and telling me what to do.

Q. What did they hit you with that night?
—. A bicycle tire loaded with something, and sticks, had 

sticks, I don’t know what all, their fists and kicked me.
[fol. 52] Q. What did they beat you for, what did they 
want you to say?

A. They wanted me to say what they had told me to say.
Q. What did they tell you to say ?



44

A. I  don’t remember.
Q. Didn’t you testify before they wanted you to say you 

knew Charlie Davis f 
A. No, sir, not that night.
Q. What night was it they told you that?
A. They told me that back in the wTeek, they told me that 

Thursday night and Friday.
Q. Did you know Charlie Davis before this time?
A. No, sir.
Q. You ever work with him in Pompano?
A. I met him in jail in Fort Lauderdale.
Q. Did you bleed any that night?
A. Yes, sir.
Q. Any blood fall on your clothes ?
A. Yes, sir.
Q. How much did you bleed; freely, or just a little bit?
A. Well I don’t remember how much I  bled, but I  bled.
Q. How much blood got on your clothes ?
A. I didn’t have on any shirt.
Q. You had on an undershirt?
A. I had on B.Y.D.’s, yes.
Q. What?
A. Yes, sir.
Q. Any blood get on that ?
A. Yes, sir.
Q. Was any blood on it that morning when you went in 

where these men were and made that statement?
A. Yes, sir.
Q. You know Frank Manuel?
A. Yes, sir.
Q. Was Frank Manuel in jail where you were in Broward 

County jail?
A. Yes, sir.
Q. Between the 14th and 21st day- of May in Broward 

County jail, did you tell Frank Manuel you had gotten these 
scars working on a railroad, some of them?

A. No, sir.
Q. You didn’t tell him that?
A. No, sir, I  wasn’t nowhere around Frank Manuel, 1 

was in a private cell to myself all the week only when I was 
taken out.

Q. Did you work in the field with Frank Manuel before 
this trouble?

A. Yes, sir.



45

Q. Did you have an accident while you were working at 
Mr. Blount’s by which you got some of these scars?

A. No, sir.
Q. Did you tell Frank Manuel you got some of them that

way?
[fol. 53] A. No, sir.

Q. You now say to this jury that you got one of the scars 
in an automobile wreck ?

A. No, sir, I didn’t tell the jury that.
Q. You said a motor car accident, didn’t you?
A. Yes, sir.
Q. Is that where you did get it?
A. That long scar, yes.
Q. What do you mean when you say motor car, is that 

on the railroad ?
A. Yes, sir, railroad motor car.
Q. Did you ever tell Frank Manuel th a t’s where you 

got it?
A. No, sir, I  never had much talk with Frank Manuel.
Q. Did you two months before, approximately two months 

before Mr. Darcey got killed and this case came up, tell 
Frank Manuel while you were working out in the field in 
Pompano, did you show him the scars on your head and 
tell him you got those on this motor car truck you just 
testified about?

A. No, sir.
Q. You sure you know Frank Manuel?
A. Yes, sir.
Mr. Maire: Bring Frank Manuel in.
Q. You know that boy there?
A. Yes, sir.
Q. Who is that?
A. That’s Frank Manuel.
Q. You know Mr. G. A. Worley, an attorney at Miami?
A. No, sir.
Q. Did Mr. Worley ever come and talk to you about this 

case in the Broward County jail after you were convicted? 
A. No, sir.
Q. Did he talk to Charlie Davis in your presence about it? 
A. No, sir.
Q. Who represented you on the first trial of this case ?
A. We had a lawyer—I don’t recall his name. I think his 

name was Mather.



46

Q. W. C. Mather?
A. I  don’t remember his initials.
Q. Did Mr. Mather ever talk to you about this case before 

he went in the court room ?
A. I don’t remember, but he talked with me during the 

trial. I asked him to come up to my cell and he came up 
there. I told him I was innocent and had witnesses to prove 
my innocence, and he gave me a pencil and a piece of paper, 
but he told me there wouldn’t be no use of me giving him no 
[fol. 54] names because they wouldn’t let them take the'' 
stand.

Q. Did he give you a pencil and piece of paper and tell 
you to write the names of the witnesses ?

A. He said there ain’t no use trying to get them down 
because I haven’t got any witnesses.

Q. Didn’t he take you into a room right off the Broward 
County court room, with a Mr. Albert Griffis, the other 
attorney, and didn’t they talk to you in the presence of these 
other defendants, and talk to you about this case?

A. Yes, sir, they talked to us all, some men talked to us 
all, the lawyers.

Q. The lawyers that were appointed by the court?
A. Yes, sir.
Q. Did you ever tell those lawyers at that time that you 

had been injured or coerced in any way to make this con­
fession?

A. I don’t remember.
Q. Don’t you know you told them you hadn’t been?
A. I don’t remember what I said.
Q. Don’t you know you told your lawyers that you made 

this confession freely and voluntarily and nobody had ever 
beaten you or hit you or coerced you or promised you any­
thing to get you to make it?

A. No, sir, I never told them that.
Q. You know Virgil Wright, deputy sheriff, up there?
A. Yes, sir, I think I do.
Q. Mr. Wright ever beat you in any way?
A. No, sir.
Q. Did you talk to Mr. Wright while you were in the jail 

there between the week of the 14th and 21st?
A. No, sir, I don’t remember seeing him.
Q. Did you tell Mr. Wright you got these scars on your 

head in a motor car accident?
A. No, sir.



47

Q. You deny that, do you?
A. Yes, sir.
Q. Didn’t you tell him that?
A. No, sir.
Q. To either he or Mr. Walter Clark?
A. No, sir.

[fol. 55] Redirect examination.

By Mr. C atts:
Q. Jack, did you say the day you were carried over to the 

court house, in answer to Mr. Maire’s Question, that Mr. 
J. T. Williams came in your cell before you were taken out?

A. Yes, sir.
Q. Did you see Mr. J. T. Williams in the court room that 

day?
A. Yes, sir.
Q. Did he have any conversation with you in the court 

room ?
A. Yes, sir. I was sitting on the bench at the time, all 

four of us, and he carried me off and told me to remember 
what he had told me that morning, what him and Sheriff 
Clark told me that morning in my cell.

Q. And what you said in the court room that day, did you 
still have the same fear of Mr. Williams that you had on 
Sunday morning ?

A. Yes, sir.
Q. What made you go ahead and admit, say what you did 

in the court room that day ?
A. Because I was scared of Mr. Williams, and scared of 

him yet.
Q. Jack, during the time that you were in the jail there 

in Broward County, from Sunday night when you were 
arrested, until the next Sunday morning, when you were 
brought into the presence of these other three petitioners, 
did you at any time during that week or period of time see 
any of these petitioners, other than Izell Chambers?

A. No, sir.
Q. And you only see Izell Chmbers, when he was taken 

to Miami and brought back ?
A. Yes, sir.

, Q- You were kept in confinement by yourself during that 
time?

A. Yes, sir.



48

Q. Did you see and talk to Frank Manuel during that 
time1?

A. No, sir.
Q. Were you at any time ever put in the bull pen where 

these petitioners were?
A. From the first morning I was arrested until I  was hit 

on the head, then I was taken to the bull pen.
Q. How long did you stay there?
A. I  stayed there a short time. I  was taken back, and 

[fol. 56] tha t’s when they kicked me in the side and hit me 
with a loaded bicycle tire, then they took me from there 
and put me in a private cell.

Q. From that time on did you see any of these other peti­
tioners?

A. No, sir.
Q. Did you see Frank Manuel?
A. No, sir.
Q. Did you see Mack Little?
A. No, sir.
Q. Did you see any other person who was there in that 

jail for the homicide?
A. Yes, sir.
Q. You never saw or talked to the others in the jail?
A. No, except Charlie Davis, they brought him in and 

kept him there for a moment.
Q. That’s the time they were trying to get you to say you 

knew Charlie Davis?
A. Yes, sir, but I didn’t know him.
Q. Did you have any conversation with him alone at that 

time ?
A. No, sir.
Q. You did say you saw the trusty down there?
A. Yes, sir he brought me something to eat.
Q. And the other inmates of the jail, the other prisoners 

you didn’t have an opportunity to converse with them?
A. No, sir, no one.
(Witness excused.)



49

W alter  W oodward, being first duly sworn by the Clerk, 
testified on behalf of the petitioners as follows:

Direct examination.

By Mr. C atts:
Q. Yon are one of the petitioners in this case?
A. Yes, sir.
Q. Where were you living on or about the 12th, 13th and 

14th day of May, 1933!
A. I was living in Mr. Blount’s quarters.
Q. Did you have a house there in Mr. B-ount’s quarters?
A. Yes, sir, I  had a tenant house.
Q. How many rooms in that house?
A. Two rooms.
Q. You married?
A. Yes, sir.

[fol. 57] Q. Who was living there with you at the time of 
your arrest?

A. Jack Williamson, Izell Chambers and Claudie Mack.
Q. Now on Sunday night, May 14,1933, were you at home 

that night ?
A. Yes, sir.
Q. What time did you go home, or had you been home all 

day?
A. I had been right around in the quarters all day; I 

hadn’t been far from the quarters all day.
Q. When did you go to bed that night ?
A. I went to bed around nine o ’clock.
Q. Who all was home with you at the time ?
A. They all was there, every one that stays there, Jack 

Williamson, Izell Chambers and Claudie Mack.
Q. Did they also go to bed about the same time?
A. Yes, sir, we all went to bed about the same time.
Q. How long had you lived in Pompano?
A. I  went to Pompano the last day of November, 1932, 

and I  lived there from the last day of November up until 
the time I was arrested the 14th of May.

Q. Where did you go there from?
A. I came from Scriven, Georgia, here.
Q. Do you remember that Sunday night when you were 

arrested, May 14th, you remember the night you were ar­
rested ?

4—195



50

A. Yes, sir.
Q. You been in jail ever since?
A. Yes, sir been in jail ever since.
Q. Tell tbe court and jury just the circumstances and 

wliat happened at the time you were arrested that night, 
who arrested you, and all that happened!

A. Well, the 14th night of May I  was in my house in Mr. 
Blount’s quarters, around 11 or 12 o ’clock this night, which 
was on the night of the 14th of May, when I was arrested 
by Mr. Bob Clark and Chief Maddox of Pompano, at that 
time, and Mr. Dick Goodrich, and there was two or three or 
four men who I didn’t know who they were were present.

Q. At that time did you know Mr. Goodrich?
A. No, sir.
Q. You know Chief Maddox?
A. Yes, sir, I know Chief Maddox.

[fol. 58] Q. Did you know Bob Clark at that time?
A. No, sir.
Q. Chief Maddox was the only one that came there that 

you knew at that time ?
A. Yes, sir.
Q. You did know he was a police officer?
A. Yes, sir.
Q. Go ahead and tell what happened.
A. So I was lying down asleep, I  didn’t know even when 

they come and called; I  guess I  was the last one to wake up, 
because some one hit me on the bottom of the feet with a 
club or jack or something, but not enough to hurt you; I  felt 
it sting, and I jumped up. He had a flashlight and they 
told me to get up. I said “ for what,”  and they said “ it-s 
no time to mess around here because if the mob gets you 
you m il know what it is. ’ ’ So they rushed me out without 
time to get my shoes. They trotted me to the car, and when 
we come out Prank Manuel was tied and fastened to a car, 
an old body of a car just outside my yard twenty or thirty 
feet; so they got him in the car along with us, and when we 
got in the car we got in Chief Maddox’ car and was taken 
to Broward County jail and locked in a cell.

Q. Who was taken?
A. Izell Chambers, Claudie Mack, Prank Manuel and my- 

self.
Q. And Jack Williamson?
A. Yes, sir.
Q. Five of you taken down there in Chief Maddox’ car?



51

A. Yes, sir. So Chief Maddox put me up upon the second 
floor of the bull pen. He took $1.10 off me in silver. So I 
was lodged in jail until Monday evening. The first time 
I eas taken down I seen Captain Williams, Mr. Marshall 
the jailer, Sheriff Clark, the three men was present.

Q. That was the first time you had been taken out of the 
hull pen at the time you were put in jail?

A. Yes, sir.
Q. At the time you were put in there Jack and the rest of 

them were all put in jail the same time?
A. Yes, sir.
Q. Were any of the rest of them taken to the jail there 

put in the bull pen with you?
A. Yes, sir, one of them, Claudie Mack.
Q. You remained there that Sunday night until Monday 

night without having anybody take you out?
A. Without being taken out.

[fol. 59] Q. And they took you out that evening, you said, 
Mr. Marshall, Sheriff Clark and Captain Williams took you 
out, all three ?

A. No, sir.
Q. Well, who come and got you?
A. The jailer got me, he took me out on the elevator up 

on another floor, I guess his quarters, there was a bed in the 
room, I  don’t know whether there was a radio in there or 
not; so he beat me in there and axed me and wanted me to 
tell him what I  knowed about this crime, this homicide; I 
told him I couldn’t tell him anything.

Q. Who was talking to you ?
A. Captain Williams.
Q. Did he come down with the jailer, or did you find him 

in the room?
A. I found him in the room when I went upstairs, I  was 

carried to the bedroom where he and Mr. Clark the Sheriff 
was. So he asked me about the homicide; I told him I didn’t 
know anything about it. Well he asked me several differ­
ent questions, but I was not hit that time at all. Of course 
I was crazy. He said I was lying, I had to come straight, 
etc., and all like that, so I  wasn’t questioned very long before 
I was taken back to the same place I  came from, and I was 
taken out several times through the week, sometimes in the 
day and sometimes at night and questioned in connection 
with this homicide.

Q. Were the same people there each time?



52

A. No, the same wasn’t there every time. The jailer was 
there, Mr. Marshall, and the Sheriff, Mr. Walter Clark and 
Captain Williams was there, and sometimes there would be 
other people.

Q. But these three were always present?
A. Yes, sir.
Q. Now how many times after that Monday night when 

you were taken out, you say you were not struck or abused, 
how many times after that were you taken out?

A. I don’t recall just how many times, but I was taken 
out several times, sometimes two or three times a day.

Q. Were you ever struck while in jail by anybody?
A. Yes, sir.
Q. When was that?
A. Well I was struck every time, except the first time I 

went down, I don’t recall being struck, but after this Mon­
day evening, that was the first time I was lodged in jail, I 
was taken down, with the exception of that time either my 
[fol. 60] my feet was stamped or I was struck and told I  was 
lying.

Q. Tell the jury the first time you can remember you were 
taken down and abused that way?

A. The first time I remember being taken out and went 
under torture on Monday night, after this Monday evening; 
I was taken back Monday.and was brought out again in the 
early part of Monday night and was asked about this homi­
cide, and when I didn’t know anything about who committed 
the crime, or either know Charlie Davis, why this Captain 
Williams stamped my feet, and I  was barefoot, and I was 
kept the whole time I was there without my shoes, while I 
was down there, until I was sentenced and sent to Raiford, 
even went down to the trial with afore feet, and when I 
asked for my shoes I was told I didn’t need no shoes.

Q. Who told you that?
A. Captain Williams. The concrete was cole; it was May 

and the concrete was cole at that time.
Q. You say he stamped your feet?
A. Yes, sir.
Q. What room were you in when this happened?
A. I was in the same room up from the cell I  was in.
Q. That was the room that had the bed in it?
A. That was the room that had the bed in it.
Q. And the Sheriff was there at that time ?



53

A. Yes, sir, in fact he was present every time I  was 
brought out.

Q. Tell the jury what he did when he stamped your feet?
A. AVell sometimes he stamped my feet once or twice, just 

according how long I  might be talking to him and asking 
me questions. He struck me several times and my feet was 
stamped and I was told I was lying, and I would be taken 
back, but from time to time, I  don’t recall how many times, 
each day and night, except one day, on Wednesday, I was 
taken down day and night during the period of eight days 
I was lodged in Broward County jail, and several different 
times I was taken down and struck. I wasn’t beaten until 
the night of the 20th, which was on the following Sunday 
night.

Q. Tell the Court what happened on that night?
[fol. 61] A. That night they come up and got me-----

Q. You been staying in the bull pen all the week?
A. In the bull pen all the week, yes, sir, where several 

other prisoners were.
Q. Were they in there in connection with the same matter?
A. Some wasn’t even connected or arrested on the same 

thing. So on the night of the 20th I  was brought down and 
Captain Williams asked me do I know Charlie Davis. I told 
him no, sir, I didn’t know him, just as I told him all the 
week; he told me I  was lying, I had to come straight, so 
when I denied it why he struck me as usual, like he had 
from time to tim e; he didn’t break the skin at these different 
times but I was struck hard enough to be bruised. So after 
I denied it he stamped my feet and cursed me, grilled me 
for fifteen or twenty minutes, and told them to take me back 
to my cell; they took me back to my cell, and then later I 
was brought back and he told me, he says “ Jack have come 
across and you just come across’’, and then he began to 
brutally beat me sure enough at that tim e; as far as being 
bloody, I  wasn’t bloody, but like I  was struck in the side 
some time Saturday night.

Q. What did he hit you with?
A. I was struck with a club.
Q. Who hit you?
A. Captain Williams.
Q. Did it make a scar?
A. Yes, sir.
Q. Stand up and show the jury the scar. (Witness stands

up .)



54

A. The scar is right here.
Q. Where were you when you were hit there; in the same 

room?
A. Yes, sir.
Q. You ever taken in any other room, other than that one 

room?
A. Yes, sir.
Q. Is the hull pen in that same room?
A. Yes, sir.
Q. About what time of night do you say that was after 

they told you that Jack had already come across?
A. That was the night of the 20th.
Q. About what time would you say it was?
A. It was the early part of the night.

[fol. 62] Q. Just what kind of club was it?
A. It seemed to be a piece of some kind of a handle like 

a hoe handle or shovel, it was a handle of some kind; it run 
off sharp like this, one end sharp and the other end blunt.

Q. Had you seen that instrument around there before 
that time?

A. Yes, sir, I see it before that time.
Q. Go ahead and tell the jury what else happened to you 

after they struck you with that instrument?
A. So after I was struck with this instrument he grilled 

me for quite a while, I  stuck to it I had been telling him all 
the time I knew nothing about it, and so he ordered me back 
to my cell, and I was taken out several times after this time, 
I was taken out several times on the night of the 20th, and 
later in the night, around two o ’clock this night I come down 
and he told me if I wanted to live to sunrise it would be best 
to come across, and if I  didn’t I would be taken to the west 
Dixie and there would be a necktie party, if I  didn’t  come 
across, I  better come across because Jack Williamson had 
come across and said I was one of the boys in it. So I  still 
denied it. Well Captain Williams had an automatic pistol 
and had it in a scabbard, and Charlie Davis was sitting side 
by side, and had me sitting in the chair in front of them, 
and he was nodding like he was sleeping sitting up with his 
eyes closed, and Captain Williams was crying, and he told 
when I kept denying it, he drew the gun and pushed me to 
the wrindow and stuck the gun to my head, an automatic gun, 
and told me if I said another time that I was not there and 
had part in the crime, that he would kill me and throw me 
out the window, and Mr. Clark jumped in then and got be­



55

tween me and Captain Williams, and he said “ you better 
take??. him out of here, if you don’t, I  will kill him” , and he 
took me back to the cell.

Q. What was he crying about ?
A. He said I had told lies and kept him sitting up all 

the week and he was tired and if I didn’t come across I 
would never see the sun rise.
[fol. 63] Q. And he took you back to your cell1?

A. Not the same cell I  was — the third time I was brought 
out, I was kept in another part in a private cell; after the 
third time on the night of the 20th, then I was taken back 
to the private cell. So I hear them hollering, some of the 
boys and shortly after that they come back, shortly after 
that, twenty or twenty five minutes, and bring me out. He 
said “ you know I am going to kill you tonight if you don’t 
break down, you just come across and tell what I want to 
know.” I told him he had no right to kill me because I  can’t 
lie to myself. He says “ you going to tell me” , so he went 
to crying again, and he says ‘ ‘ I  am going to take you to the 
west Dixie” . I begged him if he wouldn’t take me to the 
west Dixie and if he would send for the State attorney he 
could take down what I  said, I said send for him and I  will 
tell him what I  know. So he sent for Mr. Maire some time 
during Saturday night, must have been around one or two 
o’clock in the night, it was after midnight, and so he sent 
for Mr. Maire, I didn’t know Mr. Maire then, but I know 
him now by his face.

Q. Where did they take you when Mr. Maire came inf
A. Just in the same room, Mr. Maire came in the same 

room I was in. Of course it may have been his office, but I 
was in the same room I  had been questioned in continually 
all the week.

Q. That’s where you were when Mr. Maire came in?
A. Yes, sir.
Q. What happened at that time.
A. Well he come in and said “ this boy got something to 

tell me” and Captain Williams says “ yes, he is ready to 
tell you.” Well during the time they had sent for him Cap­
tain Williams gave me a cigarette and told me to smoke a 
cigarette so I  would be ready to tell him. So I was sitting 
there thinking what to say, because I was afraid of being 
killed, because he threatened to kill me all the week, swore I 
wouldn’t see the sun rise, and I  got to the place where I  had



56

to tell him something, so I was sitting there studying what 
to tell him, when I  knew I didn’t know nothing to tell him. 
[fol. 64] So Mr. Maire came in. Well I  had figured while I 
was sitting there of reading in the newspaper on Wednes­
day, which was May 17th, I  got hold of, I think it was a 
Lauderdale paper, and I  see in the paper, which I  read the 
headlines, negroes made a confession, Frank Manuel and 
Mack Little. So tha t’s what I  told him when he come in. 
Mr. Maire had a pen and a book to take down what I  told 
him, which he said had to be on the typewriter, but I  didn’t 
see. any typewriter, I saw him with a pen and book, so 
whether it was shorthand or regular writing I don’t know, 
but he took it down with pen. After I  told him my story he 
said it was no good, and he tore it up. He said “ when you 
get something I  will come back.”

Q. What was it you told him that time ?
A. I told him that I re-d in the newspaper where Frank 

Manuel and Mack Little had made a confession.
Q. You tell him you overheard any conversation?
A. Yes, sir, I  told him I overheard conversation; they 

were at my home, the Sunday night before they were in my 
home and I overheard the conversation, that they was talk­
ing but I didn’t know what they was talking about, I  didn’t 
get it all, I  heard them talking about spending some of the 
money that was taken otf this man. He asked me several 
questions and I couldn’t tell him anything further, only they 
was just talking in the house.

Q. Were you making that up about overhearing that con­
versation?

A. Yes, sir, I had to make something up.
Q. What was it Mr. Maire said?
A. He told them it wasn’t no good, when they got some­

thing out of me he would be back. It was late he had to go 
back and go to bed.

Q. Then what happened?
A. Well after that Captain Williams put a grass rope on 

my neck and said if I  ain’t going to tell the truth I am going 
to kill you. So he was strangling me with a rope, put a rope 
around my neck and strangled me, and then he ordered me 
back to the cell, and go get another one. I wasn’t in the cell 
long before they come back. After I come out of the cell 
I was in the bull ring, and the cell is in the bull ring in a line 
[fol. 65] like that, and I come out the bull ring door and 
Captain Williams met me with the rope and put the rope



57

around my neck the second time, and th a t’s when I made the 
confession.

Q. What did he say?
A. He twisted the rope and strangled me, swore he would 

kill me. He said if I didn’t say I was present when this 
man was killed he would kill me before sunrise, and it wasn’t 
very long before sunrise.

Q. What did they do then?
A. They took me into the same room that Mr. Maire was 

going to take the confession in.
Q. Did they leave you in that room?
A. There was four chairs setting, but I disremember 

whether Charley Davis or Izell Chambers, but there was 
one of them there when I was brought in.

Q. How long was that from the time you was brought into 
that room until Mr. Maire left there ?

A. Something like two or three hours, I guess, because it 
was around sunrise when I went into the room.

Q. Had you slept any that night, Walter?
A. No, sir. I was walked all night, not continually, but I 

didn’t have no time to sleep except in short spaces of the 
night.

Q. Was there any bed in your cell that you were taken to 
when you were put in there by yourself that night?

A. Yes, sir.
Q. But you didn’t sleep?
A. No, sir, didn’t have time to sleep.
Q. When Mr. Maire came over there that morning you 

say it was around sunrise?
A. Yes, sir, I wouldn’t say it was before or after, but it 

was around early morning, something like six o’clock, I re­
member it was red black in the east.

Q. Between daylight and sun up ?
A. It was daylight all right.
Q. When Mr. Maire got there it was after daylight?
A. Yes, sir.
Q. When he came in who all was in the room when he 

came in?
A. It seems like to me, I am not sure, but I think Mr 

Maire was already in the room when I came in there, but I 
ffol. 66] remember there was a little table set there and a 
typewriter on the table. I  am not sure, but I know it was 
two or three different times I was there.



58

Q. How long did you sit there after you were first taken 
in there before they started to take the confession that last 
time?

A. How long?
Q. Yes.
A. It wasn’t long because immediately after I was taken 

in they brought two more in and they begun to questions. 
Just a short space of time.

Q. What officers of the law were there; was the Sheriff 
there?

A. Yes, sir, he was there.
Q. Mr. J. T. Williams there?
A. Yes, sir.
Q. Who else was there at that time?
A. Mr. Walter Clark was there, Mr. Maire, the State’s 

attorney that I know, and the deputy clerk, I don’t know 
his name but he is clerk or reporter, lie is sitting in a chair 
right over there, I  don’t know his name.

Q. You mean the court reporter?
A. Yes, sir.
Q. The one that took down what you said?
A. Yes, sir.

The Court: You mean Mr. Gordon?
W itness: I  don’t know his name.
The Court: You mean the man sitting over there at that 

table ?
W itness: Yes, sir, he was sitting over there that morning. 

I didn’t know his name, but I know his face.

Q. Why did you say to them that morning anything after 
you were brought into the room?

A. Because I "was scared, I had been threatened for my 
life all night long, and I was told if I  denied anything I had 
said or any questions they asked me I would be abused.

Q. Who told you that?
A. J. T. Williams.
Q. He was there in the room at that time?
A. Yes, sir.
Q. Were you represented by counsel from that time on?
A. No, sir. I wasn’t represented. I had one appointed 

but he never did nothing but tell me to plead guilty.
Q. When were you taken into court after this Sunday 

morning?



59

[fol. 67] A. The day I  was arranged (arraigned) I  can’t 
recall what time it was, hut it was several days later.

Q. Now do you remember the day you were taken to 
court ?

A. Yes, sir.
Q. When you went to court that day, did you see Captain 

Williams that day?
A. Yes, sir.
Q. He was in the court room?
A. He come to my cell the morning before I was taken 

down, he and Mr. Walter Clark.
Q. What did they say to you that time?
A. They asked me was I still going to stick to what I 

said and I  said no. He told me if you go down there and 
try to change your statement in the court room, he says, 
“ don’t you know you won’t live until the next morning, 
because the majority of the people in Pompano they are 
from Georgia, they believe in mob violence, they will lynch 
all the niggers.” I  says “ they they have no right to lynch 
me, ’ ’ and he says ‘ ‘ they will, and I  will turn the keys over 
to them.”

Q. Was he there in the court that morning?
A. Yes, sir.
Q. Did any of them say anything to you in the court room ?
A. No, sir.
Q. Before you were taken in the court room did this 

attorney ever come to the jail to see you?
A. No, sir.
Q. Did you ever talk to the attorney before you went 

into the court room?
A. I didn’t know I  had one until I  was taken down to be 

arranged (arraigned). I came down on the elevator I see 
a man in the elevator,—I saw him here today—he told me 
he was Mr. Mather, he told me he was my attorney ap­
pointed to represent me.

Q. How long was that in hours or minutes before you 
were finally brought to court to be arraigned?

A. About thirty minutes.
Q. What did he tell you?
A. He told me the sentiment of the people of Broward 

County was highly against me and the best thing I could 
do was to go down there and plead guilty. That’s all he 
has ever told me since or before.



60

[fol. 68] Cross-examination.

By Mr. Maire:
Q. When did you first talk to Mr. Mather about your case?
A. I talked to him on the morning I was to be arranged.
Q. You know whether Mr. Mather knew at that time you 

were supposed to have made a confession?
A. No, sir, because I hadn’t seen him before.
Q. Did he ask you about the confession you were sup­

posed to have made?
A. No, sir.
Q. Mr. Mather ask you whether or not you had made a 

confession?
A. No, sir.
Q. You say you were arrested on the 14th day of May, 

was it?
A. At night, yes, sir.
Q. That was what date Sunday ?
A. It was on Sunday night.
Q. That was the Sunday before this statement was made 

by you ?
A. The statement was made the following Sunday morn­

ing.
Q. What first happened to you after you were put in jail; 

where were you taken?
A. Pardon me?
Q. Where were you taken when you were first arrested?
A. I was taken to Broward County jail.
Q. I believe you stated you were awakened by Mr. Good­

rich tapping you on the feet with a club or something?
A. Yes, sir, something.
Q. Mr. Goodrich didn’t hurt you when he did that?
A. No, sir.
Q. You are not trying to tell the jury or convey the im­

pression there was any brutality involved in that?
A. No, sir.
Q. He just come along and tapped you on the bottom 

of the feet to wake you up?
A. Yes, sir, because it didn’t hurt.
Q. Mho else was present when you were arrested?
A. The ones I know were present was Mr. Bob Clark and 

Chief Maddox of Pompano.
Q. What did they do after they arrested you?
A. They took me out to the car.



61

Q. What did they say to you!
A. I asked them what was this about, and got up, what’s 

all this about: they say “ you know what it is about, and 
[fol. 69] don’t let this mob get you’’ and told me to hurry 
and get out, so they handcuffed us—no, I wasn’t handcuffed, 
the two boys I think was handcuffed.

Q. AVho else did they have in the car; somebody in the 
car when you got there?

A. No, sir. They arrested me, told me to hurry to get 
out there, trotted me to the car, me and Jack Williamson, 
Izell Chambers and Claudie Mack.

Q. This is the fourth time you have testified in this case?
A. The third time.
Q. Didn’t you testify in the hearing when Izell Chambers 

didn’t plead guilty?
A. Yes, sir.
Q. And you testified in the hearing before Judge Tedder 

when there wasn’t a jury?
A. Yes, sir.
Q. And you testified before Judge Tedder when there 

was a jury last February; that makes four times, doesn’t it?
A. Yes, sir, four times.
Q. You have heard Jack testify every time in the case?
A. Yes, sir.
Q. And this is the first time you or Jack ever told the 

jury that the officers trotted you anywhere or told you any­
thing about a mob when you were, arrested ?

A. If you look in my first statement that I  give in this 
case I think you will find where I told I was trotted from 
the house to the car. I  don’t say I brought it up each and 
every time I made a statement.

Q. Are you swearing you ever did say that before ?
A. I  give the statement once before.
Q. Who to?
A. I  know I  told my attorney once.
Q. When did you first tell him that,?
A. Well I give him that statement in Eaiford I think.
Q. How does it happen this is the first time you ever 

told the jury about it?
A. There is quite a bit of things, quite naturally there 

is a lot of things was said and did that slip my remembrance 
at the time.

Q. This case has been in court three years, hasn’t it?
A. Yes, sir.



[fol. 70] Q. You have had all that time to think about it?
A. I have had other things to think about, too.
Q. You have done a lot of thinking about this, haven’t 

you?
A. Yes, sir.
Q. You are just adding that this time to what you said 

before?
A. It is true.
Q. It is true that you are adding it?
A. They did it.
Q. You never told another jury that until today?
A. I  don’t recall telling it before.
Q. When they first took you to Broward County jail 

where did they take you?
A. They took me up on the second floor.
Q. Did they take you to the sheriff’s office?
A. I don’t know. I don’t know where the sheriff’s office 

was.
Q. Did they lock you in the cell first?
A. No, sir, they brought me in the door, put me on the 

elevator and carried me up on the second floor.
Q. They didn’t stop on the ground floor and question you 

down there?
A. No, sir.
Q. You say that was Sunday night?
A. Yes, sir.
Q. After they locked you up when was the next time they 

took you out?
A. They brought me down Monday evening.
Q. Who brought you down?
A. Mr. Marshall, the jailer.
Q. Where did they take you to ?
A. Took me upstairs to this room where the bed was.
Q. Took you to that same room they took you the night 

the statements were taken down up there in Mr. Marshall’s 
room?

A. Well, there is two little rooms, go through one that 
haven’t got the bed in—no, sir, not the one the statement 
was taken down, because the one that has not got any bed 
in I had to go through, the one that has got the bed in it, 
it is on the same floor.

Q. You were arrested at the same time Jack was?
A. Yes, sir.
Q. Taken to jail together?



63

A. Yes, sir.
Q. You were both of you taken to the same place?
A. Yes, sir, Broward County jail.

[fol. 71] Q. I  mean when you got to the court house were 
you both taken and locked up?

A. No, sir.
Q. What happened then?
A. I was locked up, th a t’s what happened to me.
Q. What happened to Jack?
A. I don’t know, I  didn’t see him no more.
Q. They took him one place and you another; is that right?
A. They took him some place, they didn’t bring him up 

with me.
Q. Did he get in the elevator with you?
A. No, sir, I  left him downstairs, I left him down where 

we come in.
Q. When was the first time they did anything they should 

not have done, like beating you?
A. Well, the first time was Monday night, the second time 

I was brought down they stamped my feet.
Q. Where did that happen?
A. That was in the room where I was when I  was taken 

out of the bull ring and taken upstairs in the room where 
the bed was.

Q. Was it the same room you were taken into later where 
the statement was taken down ?

A. No, sir.
Q. That was another room?
A. That was the little room just outside of this room 

where you had to go through it, in fact it is not a room, 
it is just like a lobby.

Q. You say you were arrested and placed in jail on the 
14th day of M ay; is that right ?

A. Yes, sir.
Q. The petition you had filed by counsel in this case— 

did you sign the petition in this case?
A. Yes, sir.
Q. It says the 13th day of May; is that a mistake?
A. That’s a mistake; I was arrested on the 14th.
Q. When was the first time you saw Captain AVilliams?
A. Monday.
Q. When did you first see him?
A. Pardon me, I was wrong. The first time I saw him 

was the night I  was arrested at my house.



64

Q. Did lie do anything to yon that night?
A. No, sir.

[fol. 72] Q. Just tell the jury now when you were first 
taken out of your cell and illtreated in any way. It is 
stated right on from the time you were arrested right up 
to the time your confession was taken.

A. I have already explained that.
Q. You haven’t told every time?
A. I was taken out several times.
Q. Monday night was the first time; is that right?
A. Yes, sir, Monday night.
Q. Were you beaten any on Tuesday?
A. I don’t say I was beat any time up until Saturday 

night, but I was struck several licks and my feet stamped; 
I didn’t say I was beat every time, but I was threatened 
and struck, and said I was lying; I  wasn’t hit any licks not 
until the night of the 20th.

Q. You say you don’t remember now of having been beat 
and abused until that Saturday night?

A. Yes, sir, I was tortured and abused, but I  wasn’t beat.
Q. Tell them how you were treated?
A. I was struck several times, and my feet was stamped 

all through the week each time I was brought down, ex­
cepting the first time.

Q. AVhat is the difference between being struck and 
beaten?

A. Difference of being beaten and being struck?
Q. Yes.
A. Well, being struck is only one or two licks, but being’ 

beat is a continuous thing for something like five or ten 
minutes.

Q. Were you beaten continually?
A. No, sir, I wasn’t beat continually.
Q. Is that you- signature on this petition, this is the one 

prepared by your counsel, McGill?
A. Yes, sir.
Q. You signed that?
A. That is my handwriting.
Q. I t was read to you; you know what was in it?
A. Mailed to me, some of them were mailed. I  didn’t see 

this one.
Q. Well, you signed this one?
A. Yes, sir.



65

Q. You know the contents of it!
A. Yes, sir.
Q. This is the petition for writ of error coram nobis. 

What about this one here!
A. That’s my handwriting.

[fol. 73] Q. Did you know you were swearing to it!
A. Well, I don’t know whether I did or not, I  never was 

in court before, and I went through a lot of things, I don’t 
know what I  went through.

Q. This was up at Raiford you signed it!
A. Yes, sir.
Q. You remember signing this! (Counsel reads.)
Mr. Catts: Object to the reading of the affidavit to the 

petitioner before the jury. He admits the signature is his 
signature, and he has just testified so far that he knows 
about swearing to it, and I don’t see the materiality of read­
ing the body of it.

The Court: Objection overruled.
Q. Did you sign this !
A. That’s my handwriting, yes sir.
Q. Now you are swearing now that you were occasionally 

beaten and struck by these men; is that true!
A. I was continually struck any time I was brought down, 

struck or my feet stamped.
Q. Did you ever hear this before: “ Your petitioners fur­

ther represent that Walter Woodard, one of the petitioners 
herein was almost continuously beaten, kicked and bruised 
every night from the time he was arrested May 13, 1933, 
until May 21, 1933, when it is stated that he confessed to 
the crime therein charged against him.” Is that true!

A. Yes, sir. T hat’s true. I  say it was continuous beat­
ing of about five or ten minutes, but I  was continually struck 
and my feet stamped each time. You call it what you will.

Q. They didn’t start on Monday morning and beat you 
until Sunday!

A. Each time I was brought down my feet was stamped, 
and sometimes they struck me two or three times.

Q. Did they beat you some on Monday or strike you and 
stamp your feet!

A. Yes, sir.
Q. Did they do that on Tuesday!

5—195



6 6

A. Every time I was brought down I was struck some or 
my feet stamped.

Q. Did they do that on Wednesday?
[fol. 74] A. No, I wasn’t beat on Wednesday.

Q. Did they beat you Thursday?
A. Every day I was brought down, and every night.
Q. Did they beat you Friday?
A. That was continued each day and night, I  was brought 

down.
Q. Did they do anything to you on Saturday before the 

confession was taken from you, in the day time?
A. I don’t recall being brought down on Saturday until 

around dark Saturday night, the first part of the night.
Q. They didn’t beat you then during the day on Satur­

day?
A. I don’t recall being brought down until Saturday eve­

ning, or the first part of the night.
Q. Then you weren’t continuously beaten, bruised and 

kicked on that day?
A. No, the times I wasn’t brought down I  wasn’t beat.
Q. About what time did they first take you out of the bull 

pen on Saturday night, May the 20th?
A. Well, I didn’t have any timepiece, I  couldn’t say defi­

nitely, but it was the early part of the night, around dark.
Q. Who took you out of the bull pen?
A. Mr. Marshall.
Q. Where were you taken that night?
A. I was taken up to the same room I have explained to 

the court.
Q. Who was there?
A. Captain J. T. Williams, Sheriff Walter Clark was 

present.
Q. Mr. Marshall?
A. Yes, sir.
Q. A crowd of other men there?
A. Sometimes there was other men, but the first time they 

were the only ones.
Q. What did they say or do to you that time?
A. Well it was only one talked to me that time.
Q. Did he do anything else but talk to you?
A. Not the first time, no, sir. He threatened to kill me, 

said I was lying.
Q. Did he step on your toes or hit you with a rubber hose 

or strike you the first time ?



67

A. Not the first time, no, sir.
Q. Questioned you, and then did they take you back to 

your cell?
A. Yes, sir.

[fob 75] Q. Did they take you out a second time?
A. Yes, sir.
Q. Who took you out the second time?
A. The same man,, Mr. Marshall, the jailer.
Q. They carry you to the same room?
A. Yes, sir.
Q. Who was present that time ?
A. The second time I was taken out was Captain J. T. 

Williams, Mr. Walter Clark, the Sheriff of the jail, and the 
jailer, Mr. Marshall.

Q. Was Mr. Maddox there?
A. He was there in the night but I  don’t think he was 

there the second time.
Q. Mr. Bob Clark?
A. No, sir, I  didn’t see him.
Q. Was anybody there the second time, except Sheriff 

Walter Clark, J . T. Williams and A. D. Marshall and your­
self?

A. I don’t recall, the second time.
Q. Now were you struck or beaten or abused any that 

time?
A. Yes, sir, I was struck.
Q. Who did that ?
A. Captain J. T. Williams struck and threatened me, my 

feet stamped.
Q. Tie a rope around your neck the second time?
A. No, sir. I  was threatened with a rope, but not the 

second time.
Q. Was it after the second time they took you out that 

they sent for me to come there ?
A. After the second time I was moved from downstairs, 

the second time I was taken out from upstairs I had a rope 
around my neck.

Q. Did anybody do anything to you that time besides 
either Sheriff Clark or J. T. Williams or Mr. A. D. Mar­
shall?

A. Mr. Walter Clark—I don’t recall him hitting me.
Q. But he was there?
A. Yes, sir, he was there.
Q. Was anybody else there the second time?



6 8

A. The second time I was taken from upstairs, I was 
changed from upstairs to downstairs, Chief Maddox was 
there.

A. I am talking about Saturday night?
A. Yes, sir.
Q. Did you say there were some other men there then, the 

second time you were taken out?
A. The second time I was taken out I  was taken out from 

downstairs there was just the three men present. I  was 
taken out lots of times.
[fol. 76] Q. Was anybody present when you were taken 
out any time that night besides these three men and your­
self until the time the confession was taken?

A. Yes, sir.
Q. When was that?
A. Well, after I was taken out the second time from down­

stairs on the night of the 20th, which was the early part of 
the night, I  don’t know what time, but the second time I  was 
brought down, the second time I was taken out from up­
stairs there was other men present.

Q. There were other men present?
A. Yes, sir.
Q. You know about how many men were present?
A. No, sir; something like four or five.
Q. Did any of these other men do anything to you at that 

time ?
A. Yes, sir, I was struck a lick or two by them.
Q. Struck by some of the other men ?
A. Yes, sir, I was beat by some of them.
Q. Did you say whether or not Mr. Maddox was there?
A. Yes, sir, he was there when I had the rope around 

my neck.
Q. About what time ?
A. I don’t know what time.
Q. Was Bob Clark there then?
A. No, sir I don’t recall seeing him.
Q. You hadn’t made any confession or any statement of 

any kind until Saturday night?
A. No, sir.
Q. And yet you claim you had been beat and struck?
A. Yes, sir, and under threats, torture and threats.
Q. as your life threatened before that Saturday night?
A. Yes, sir.



69

Q. Still didn’t make a confession?
A. No, sir.
Q. Did they do anything more that Saturday night to 

make you confess ?
A. Well I  was beat twice that Saturday night.
Q. Where were you beat?
A. I was beat in the same room.
Q. I mean upon what part of your body?
A. I was struck all over the body, on the head and body 

and even on the feet, because I didn’t have any shoes on.
[fol. 77] Q. What were you struck on the head with?

A. With a rubber hose, bicycle tire, loaded, and black 
jack.

Q. Did it cut the skin or anything like that?
A. I t was sore.
Q. Did it bleed?
A. No, I  only bled at one place and th a t’s when I was 

struck on the side.
Q. That’s when you were struck on the side?
A. Yes, sir.
Q. What did you mean by swearing to this in your peti­

tion then: ‘ ‘ Captain Williams, a man weighing about two 
hundred fifty pounds, struck petitioner in the jaw bringing 
blood from it in profusion” ?

A. I don’t know what you mean because I am not edu­
cated.

Q. You said you signed the petition and swore to it. 
That’s the paragraph about Walter Woodard; you are 
Walter Woodard, aren’t you?

A. Yes, sir.
Q. You don’t remember swearing to that?
A. I don’t say I  didn’t swear.
Q. See if you ever heard this before: “ Upon entering the 

room, therein he saw some eight or nine men. Some had 
pistols, others black-jacks, clubs and a loaded rubber hose. 
Your petitioner, Walter Woodard had scarcely seated him­
self before they began beating on him. Captain Williams, 
a man weighing about two hundred fifty pounds, struck peti­
tioner in the jaw bringing blood from it in profusion. ’ ’ You 
ever hear that before?

A. Ever hear that before ?
Q. Yes, you ever hear what I have just read you?
A. I don’t recall.
Q. But you swore to it without hearing it?



70

A. No, sir, I couldn’t do that.
Q. Is it true or not true?
A, I  was only beat once and brought blood and that was 

on my side.
Q. Then if this petition says Captain Williams struck you 

on the jaw and brought blood from it in profusion, you are 
now swearing to the jury that it is not true ?

A. That is not true?
Q. Yes. Is it or isn’t it?
A. No, sir, I bled some from the nose.

[fol. 78] Q. From your jaw?
A. No, sir.
Q. Then that is a mistake, isn’t it?
A. Yes, sir.
Q. When were you hit on the side with that club that you 

just told the jury?
A. Saturday night.
Q. That bled, did it ?
A. Yes, sir.
Q. Did it bleed through your clothes?
A. Yes, sir.
Q. Was that before or after you had seen me the first 

time ?
A. I t was after you left the room.
Q. Now, when you were brought into my office, you will 

remember I  asked you if you had been beaten in any way?
Q. Your Honor, I  don’t remember going to your office, 

I  remember your coming into the room where I  was.
Q. You still contend it wasn’t my office, but wherever it 

was you first saw me, did I  ask you whether you had been 
beaten ?

A. No, sir. You asked Captain Williams where was the 
boy that was ready to tell us something, th a t’s all I 
remember.

Q. Don’t you remember that I  asked you whether or not 
these officers had pounded you in any way to make you talk? 
Don’t you know I  told you that if they had—I made them 
all step out of the room—and I told you this, “ now you are 
just here with me, I am the State’s attorney; it is my duty 
to protect you if you have been treated wrong, if you tell 
me you have I will have the Judge take you to another jail 
to protect you” ?

A. No, sir, I don’t.



71

Q. You deny I  told you that?
A. Yes, sir.
Q. What was the reason that you finally confessed?
A. I weakened just like you or any other human being 

going under the torture and strain.
Q. Didn’t you tell the jury the reason you confessed was 

they told you that Charlie Davis had already told about it?
A. No, sir, I told the jury that they told me Jack William­

son, but that didn’t make me confess.
Q. Is that the reason you confessed, because they told 

you about Jack ?
A. No, sir.

[fol. 79] Q. But you said that was the reason?
A. I broke down with the mental strain just like any other 

person.
Q. You told this jury that the reason was because Jack 

Williamson confessed, didn’t you?
A. No, sir, I  told you they told me that I had to confess 

because Jack Williamson had already come across.
Q. And it was after they told you that you did confess?
A. Yes, sir, a long time after.
Q. How long after?
A. It was along toward day, and it was shortly after you 

went away from there.
Q. Don’t you know when you were brought in the room at 

6:30 o’clock Sunday morning, when all these men were 
present, and all these men were there ready to take the 
statement, didn’t I at that time, in the presence of all of 
them, the police officers and other witnesses, ask whether 
you had been abused and mistreated?

A. I don’t remember.
Q. You remember this: I said “ you want to tell about 

this occasion when Mr. Darcey was clubbed Saturday night, 
May 13, at Pompano” ; you said “ yes, sir.” I said: “ has 
anybody promised you any reward or anything to get you 
to talk” ? And you said “ No, s ir” . I  said “ you just want 
to talk because you want to tell the truth about i t ” . And 
you said “ Yes, sir.” Is that true or untrue?

A. I guess I said that because I made the confession, but 
I don’t know just what any one said at the time because 
I never took it down.

Q. Did I  ask you these questions and did you make those 
answers ?

A. I don’t recall



Q. You are not denying it, are you?
A. No, sir, I  am not denying it.
Q. Did you testify the man that wore glasses that was 

sitting here this morning, was present when this confession 
was taken?

A. Yes, sir.
ffol. 80] Q. Do you see that man in the court room now?

A. Yes, sir.
Q. Where?
A. Sitting right over there by the table.
Q. You know what his name is?
A. No, sir.
Q. If this man’s name is Mr. Charles H. Gordon, are you 

now swearing that Mr. Charles H. Gordon was present when 
you made the confession?

A. That’s the man that was present. I  don’t know his 
name.

Q. This is the man that was present?
A. Yes, sir.
Q. What lawyer represented you when you were tried?
A. When I was tried ?
A. Well, when you pleaded guilty; did you plead guilty?
A. Yes, sir.
Q. What lawyer represented you?
A. I don’t know his name.
Q. Mr. Mather or Mr. Griffis?
A. No, sir. Mr. Mather was appointed.
Q. But did he represent you?
A. No, sir.
Q. Didn’t Judge Tedder appoint him to look after your 

case?
A. I didn’t know I had a lawyer.
Q. Weren’t you present in the court room when Judge 

Tedder did appoint you a lawyer?
A. No, sir.
Mr. C atts: The record in this case shows there was no 

lawyer appointed.
The Court: The record will have to speak for itself, what­

ever it shows.
Q. You remember when Izell Chambers went to trial, 

don’t you?
A. Yes, sir.
Q. You testified in that case, didn’t you?



73

A. Yes, sir.
Q. Anri you were a State’s witness!
A. Yes, sir.
Q. Put up there by me as State Attorney?
A. Yes, sir.
Q. Do you remember Judge Tedder advising you of your 

rights before you made any statement?
A. Yes, sir.
Q. He did, didn’t he ?
A. Yes, sir.
Q. You testified then and admitted all of your testimony 

against Izell Chambers practically the same as that put in 
[fol. 81] the confession?

A. Well I did it under threats.
Q. You weren’t threatened in the court room?
A. No, I was threatened before I come in the court room.
Q. Judge Tedder advised you of your rights?
A. Yes, sir.
Q. Hadn’t Mr. Mather or Mr. Griffis told you that?
A. No, sir.
Q. Did any lawyer ever talk to you about this case at all?
A. Told me to plead guilty, the one what was appointed, 

ten minutes before I  pled guilty.
Q. How long was it after this confession was made before 

Izell Chambers was tried, do you remember?
A. No, sir, I don’t recall.
Q. It was several days?
A. Quite a bit of days, several days.
Q. Were you threatened any between this confession and 

the time you were brought down in the court room?
A. Yes, sir.
Q. Who threatened you?
A. Captain J. T. Williams.
Q. Were you beaten any?
A. No, sir.
Q. When did he threaten you?
A. Well he come up one day, I think Jack Williamson 

sent for him, he come in, he and Sheriff Walter Clark, and 
Izell Chambers and Jack Williamson and myself was taken 
out and taken into this same room where the confession 
was taken, and he talked with us one by one that day, around 
twelve o’clock, and he told me, Jack and Izell just what 
would be the consequences if we went before the jury and 
changed our statements.



74

Q. When you testified there in the case against Izell 
Chambers in open court before Judge Tedder, and told all 
these facts, nobody was intimidating you or beating you at 
that time ?

A. No, sir, hut they had.
Q. Xow did your lawyer ever ask you anything about this 

confession ?
A. No, sir.
Q. Xever did!
A. No.
Q. Did you ever tell your lawyer, or any one that repre­

sented to be your lawyer, told you they were your lawyer, 
that you had — beat and coerced and promised anything 
to make this confession?
[fol. 82] A. No, sir, I  was never talked to, the only thing 
he told me, I  had about ten minutes talk with him before I 
was brought back before the Judge, and he instructed me to 
plead guilty, and get out of the court room as soon as pos­
sible because the sentiment of the people of Broward County 
was against us.

Q. Did he ask you anything about this confession!
A. No, sir.
Q. You didn’t have an opportunity to tell him; is that 

right ?
A. Yes, sir.
Mr. C atts: May it please the Court, in this case the record 

shows Izell Chambers was tried at a date subsequent to the 
date at which these other defendants entered a plea of 
guilty, and a date subsequent to which the alleged confes­
sions were made by the petitioners. Move to strike from 
the consideration of this jury any testimony about anything 
that happened at the trial of Izell Chambers.

The Court: Motion denied. It may not be in issue, but 
it may be admissible to test the credibility of the witness.

Q. Walter, the first time you talked to me in this case 
about the facts that happened at the time you were arrested 
until the alleged confession was made, did you at that time 
tell me about the information that was conveyed to you by 
the officers about the mob, and that you were caused to run; 
did you tell me that the first time you ever talked to me 
about it?

A. Yes, sir.
Q. I believe you said that all of the testimony that you 

gave in the confession itself was made by you only through



75

fear that you had of Captain Williams and the other officers 
that were present and what they inflicted upon you?

A. Yes, sir.
Q. Through your fear of further punishment or bodily 

violence ?
A. Yes, sir.
Q. The petition that was read to you, that was drawn up 

by your lawyer ?
A. Yes, sir.
Q. You naturally would sign anything your lawyer said 

you should sign and swear to it?
A. Yes, sir.

[fol. 83] Q. You remember reading carefully the petition, 
or do you now remember what was in the petition at the time 
you signed it ?

A. No, sir, I  didn’t read them, they was read by other 
parties.

Q. Read to you?
A. Yes, sir.
Q. The matters set forth in there are substantially wThat 

happened to you?
A. Yes, sir.
Q. Gained by your attorney from information you im­

parted to him?
A. Yes, sir.
Q. Well you did not bleed when you were struck on the 

jaw, but you did bleed when you were struck in the side ?
A. Yes, sir.
(Short recess.)

Redirect examination.

By Mr. C atts:
Q. Did you at any time, other than the one time you have 

testified to already, talk to Mr. Mather, the man whom you 
say was representing you in that case?

A. No, sir, not before or since.
Q. In the elevator that time, was the only time you ever 

talked to him?
A. The only time.
Q. Either before or after the trial?
A. On the elevator about ten minutes until we got in the 

court room, we went off the elevator into the jury box in 
about ten minutes.



76

Q. That’s the only time you talked to him? 
A. Yes, sir.
(Witness excused.)

[fo l. 84] Chablie  D avis, b e in g  f i r s t  d u ly  sw o rn , te s tif ie d  on 
b e h a lf  o f th e  p e tit io n e rs  as fo llow s :

Direct examination.

By Mr. C atts:

Q. Your name is Charlie Davis?
A. Yes, sir.
Q. You are one of the petitioners in this case, Charlie?
A. Yes, sir.
Q. Where did you live about May 11, 12 and 13 and 14, 

1933?
A. In Broward County.
Q. In what part of Broward County?
A. In a little small place called Pompano.
Q. What were you doing in Pompano at the time?
A. Well, I was working in a store in the colored section.
Q. Do you remember the night, Saturday night, May 13, 

1933?
A. Yes, sir, I remember it pretty well.
Q. You remember being arrested that night?
A. Yes, sir, I  was arrested about 9.30, between 9.30 and 

ten o’clock.
Q. Where were you arrested?
■—. I  was arrested where I was rooming with a lady by 

the name of Mamie McNeal.
Q. Where have you been since the time you were arrested, 

and that date; been in jail since that time?
A. Yes, sir.
Q. What clay of the week was it?
A. I t was Saturday night.
Q. Who arrested you?
A. Chief Maddox of Pompano.
Q. Was anybody with him at the time you were arrested?
A. There was some people with him, I  saw some people 

but when he arrested me he arrested me right himself.
Q. He came into the room where you were ?



77

A. Yes, sir. I  was getting ready to go to bed. I  saw a 
light coming toward the window, the window was half open, 
and some of the boys said a spook was hanging around there, 
so I thought some of they was trying to scare m e; so when I 
went to the door he walked in, he come in and looked around 
a while, so I  asked him what did he want, he didn’t say noth­
ing ; he told me to stand back, so I stood back and he looked 
around and searched around as long as he wanted to, and he 
[fol. 85] asked where I had been. At that time I  just had left 
the store and bought some toys. He looked around and went 
back again into the room, there was two boys two beds, a 
large bed and a small one. So he told me to come and go 
with him.

Q. Where did he take you ?
A. He took me to the small jail up at Pompano.
Q. You say that was around 9 or 9 :30?
A. Between 9 :30 and 10 o’clock.
Q. On May 13, 1933?
A. Yes, sir.
Q. Was there any one else in the jail at that time?
A. Yes, sir, there was some more people there; I  didn’t 

know many people there, I  hadn’t been there very long. 
There was some more in there but I was in a cell by myself.

Q. Put in a cell by yourself ?
A. Yes, sir.
Q. How long did you stay in Pompano jail?
A. Until Sunday morning. I was taken out of the jail 

Sunday morning by deputy Sheriff Bob Clark. I  didn’t 
know him at the tim e; afterwards I knew him as Bob Clark.

Q. By yourself?
A. He took me and a fellow by the name of Carnell Pone.
Q. Took you from the Pompano jail to Broward County 

jail?
A. Yes, sir. We was handcuffed together, and this boy’s 

father was in the car ahead of us with the fellow by the name 
of Goodrich.

Q. Bob Clark was the only officer in the car with you?
A. He was the only one with us two.
Q. Now during the time you were in the Pompano jail did 

any officer of the law or any other person come in the jail to 
see you?

A. Yes, sir, long about 12 o’clock, somewhere around 
there, I laid down—there wasn’t any mattress in the place, 
it was a steel bunk, it had two bunks in the cell, so I sit on the



78

bunk, I  got sleepy and laid down on the steel bunk, so around 
1 :30, or about that time, I  didn’t have any timepiece, I  feel 
some one kicking me; so I  woke up and turned over, and 
[fol. 86] when I  turned over, a great big large man was 
standing with his feet crossed, so I went to get up and he 
asked me some thing—I hadn’t woke up good—he asked me 
something. I  told him I didn’t know what he was talking 
about. I was trying to ask him what they arrested me for. 
So he hauled off and hit me and knocked me clean back 
under this bunk, and where the steel was it hit my head right 
up here. He had something in his hand, something about 
this long (indicating). I couldn’t make out what this was be­
cause he knocked me out, and when I  come to, before I  could 
get to myself very good he asked me some more questions, 
I  told him I couldn’t answer the questions, I  hadn’t opened 
my eyes.

Q. Where did your head strike, what did it strike against?
A. The first time I  been in jail at all, I  had never looked 

under where I  hit it, wdiether it was steel or brick, it was one 
of the two.

Q. Where did it hit you ?
A. Hit me right here. I  have got a scar there.
Q. Scar there now?
A. Yes, sir.
Q. How did he hit you on the back of your head?
A. He hit me in front, but my head hit back.
Q. You say you were knocked out?
A. Yes, sir.
Q. Knocked out completely ?
A. Yes, sir.
Q. You didn’t know anything?
A. I  didn’t know anything for a while.
Q. Go ahead and tell what you remember?
A. This man, I didn’t know who he wTas, so he asked me 

some questions, so I  told him I  couldn’t answer the ques­
tions, I  didn’t know what it was all about. He turned to one 
fellowT and says “ th a t’s about all you know” , and turned and 
walked out. There was a bunch of them besides him around, 
a dozen at least. So he turned and walked out the door and 
he shut the cell door, and after he shut the door they stood 
and looked at me a while and then go on away.

Q. Eight there, do you know who that gentleman was that 
came into the cell where you were and struck you that night ?



79

A. I learned his name, he told me his name was Captain 
[fol. 87] Williams.

Q. Was anybody else with him that night that you now 
recognize !

A. You mean the 13th!
Q. That Saturday night when Captain Williams came to 

you there in the cell and knocked you out!
A. Yes, sir, there was around a dozen in all.
Q. Do you know now who any of these gentlemen were !
A. One fellow I learned afterwards was a secretary, a fel­

low they called him Mack, was a trusty secretary.
Q. Was any other officer of the law there at that time; 

was Chief Maddox there !
A. I think it was Walter Clark and a fellow that kind of 

favored him, I  think it was him, and Chief Maddox was 
there.

Q. You saw him that night and recognize him now as be­
ing one of the gentlemen that were there that night!

A. Yes, sir.
Q. Nothing else happened to you that night after they 

left!
A. No, sir, no more than I  heard them bringing in several 

people, they were beating some people, I  don’t know who 
they were.

Q. Had anybody told you up to this time what you were 
being arrested for!

A. No, sir.
Q. Go ahead and tell what happened the next morning, if 

anything did happen!
A. The next morning was Sunday morning; they took me 

down about 6 :30, the sun was just beginning to get up, they 
took me down to Fort Lauderdale jail, me and a fellow called 
Rone and his father. I  was in a roadster tied to him and this 
boy was behind in the car with Mr. Bob Clark; so he had 
taken me and his father and put us in the same cell of the 
bull pen, th a t’s where he put us. I  had blood on me and I 
wanted to take a bath, and when I come back all the fellows 
ask me, some of the fellows in the bull pen ask me when did I 
come home, they ask me was I with these folks that they 
kept bringing in and wanted to know from me what hap­
pened, the fellows in the bull pen, what they call the Kanga­
roo Court. So they went and brought this man, Mr. Rone, 
this boy’s father, and I told them I would rather take the



80

whipping, I thought he was too old for such things. They 
didn’t bother me no more that day.
[fol. 88] Q. Go ahead and tell the court and jury the first 
time the officers came to talk to you again?

A. The next time they came to see me was on Monday 
afternoon—well that Saturday night, I  was arrested on the 
13th, I  didn’t know what had happened until that Monday, 
when Captain Mr. Wright, I think he was a road patrolman, 
he came and got me in the hull pen and took me and carried 
me up on another floor. I think, in fact I know Mr. Marshall 
got me first and carried me up on the other floor. Mr. 
Wright came in and got me and brought me down in the 
kitchen and he talked with me for a while and he asked me 
where I was Saturday night, and I  explained to him as best 
I  could. He told me, he said, “ don’t you know what has 
happened?” I asked him, I asked him the question what 
had happened and he told me something, but anyway he told 
me to come go with him, and I went with him down in the 
sheriff’s office on the bottom floor, and a man sitting down 
there, I don’t know the man’s name, when I  walked in there 
he he asked come fellow if he knew me. I think Izell Cham­
bers was in the room and Walter Woodward, and there 
might have been some more in there; so this Mack Little, I 
never had seen him before in my life, and he said “ Yes, I 
know him” , he had a knot over one eye, he said “ yes, I  know 
him” , and one of the fellows told him he had been telling 
stories that were untrue, I don’t know when, but he asked me 
did I know him, and I said “ no.” He asked me did I know 
the other fellows, I told him “ no” , and he took and carried 
me back up in the cell.

Q. Who took you?
A. Virgil Wright, I think his name is.
Q. What officers were present at that hearing; was Cap­

tain Williams there at that hearing ?
A. I hadn’t seen Captain Williams since the night he beat 

me until I think it was Tuesday or Wednesday.
Q. He wasn’t down there that time ?
A. No, I don’t remember seeing him. Mr. Walter Clark 

was in the office the-, it was a kind of a stout fellow.
Q. Mr. Walter Wright?
A. Yes, sir.

[fol. 89] Q. Were you ever mistreated in the jail, other 
than this first night up there at Pompano?



8 1

A. Mr. J . T. Williams he hit me and kicked me out of the 
chair one time.

Q. When what day of the week was that ?
A. This was along later in the week, I don’t remember 

the date or the day.
Q. Were yon kept in the bull pen all that week, or were 

you put in a private cell?
A. I  was kept in the bull pen a good while.
Q. You remember what day they took you out of the bull 

pen and put you in a cell by yourself?
A. It was on Monday.
Q. Monday?
A. Yes, sir.
Q. You were arrested on Saturday?
A. Yes, sir, Saturday night. On Monday afternoon he 

told me what had happened, they had arrested so many 
people about it—I don’t know the fellow’s name, but I  re­
membered his name afterwards—so he told me there was a 
man got hurt down there on Saturday night, I  believe he 
said.

Q. 'Go ahead and tell the court and jury what time it was 
that you were put in this cell by yourself; was it Monday, or 
what day?

A. Yes, sir, it was Monday, I  was put in the cell around 
11.30 or 12 o’clock.

Q. In the day time?
A. Yes, sir.
Q. How long were you kept in the cell by yourself?
A. I was kept in there until around one or 1.30, some­

where around there when Mr. Virgil W right came in and 
took me out of there.

Q. Was that the time he took you down in the kitchen?
A. Yes, sir, he took me in the kitchen and talked with me 

and I explained to him where I had been.
Q. When they got through talking to you down there, with 

this boy who said he knew you, who had a knot over the eye, 
did they take you back to a cell by yourself ?

A. Yes, sir.
Q. And how long were you there that time in a cell by 

yourself ?
A. I stayed there until that same afternoon when they 

come and got me and brought me out and carried me back 
into the bull pen, they took me back in the bull pen.

6—195



82

[fol. 90] Q. Tell the court and jury the first time that it 
happened, if you know, when it was that any of them struck 
you or abused you in Pompano jail?

A. I don’t understand.
Q. I  mean in the Port Lauderdale jail?
A. That Wednesday or Tuesday, Captain Williams and 

some other officer, I didn’t know who it was, but I  know 
Captain Williams, he hit me, and another fellow hit me in 
the same place, I  don’t know who the other fellow is that 
hit me in the same place twice, and him and two or three 
more fellows came up and got me in the day time and car­
ried me to Pompano.

Q. All the people that went with you to Pompano, were 
they all sheriffs, did they all have guns?

A. Yes, sir, if I don’t make no mistake they all had guns.
Q. Did Captain Williams?
A. Yes, sir, I wras double handcuffed to him.
Q. Did they beat you or strike you at Pompano ?
A. No, sir, they didn’t beat me that time.
Q. How long did they keep you at Pompano?
A. He kept me down there about, I  reckon about 30 or 

45 minutes.
Q. Then what did he do with you?
A. He brought me back.
Q. Did he threaten you or do anything to you at Pompano?
A. No, sir. Captain Williams told me to wash my clothes.
Q. When he brought you back to jail where did he put 

you?
A. Put me in the bull pen.
Q. And how long did you stay in the bull pen that time 

before they took you out again?
A. They took me out again that night.
Q. Where did they take you this time?
A. They took me out and questioned me.
Q. What room did they take you to?
A. I think it wTas the 4th floor of the jail down there in 

the jailer’s quarters, where a bed and radio was at.
Q. Who was there that time?
A- Mr- Marshall, the jailer, Captain Williams, and Mr. 

Walter Clark was there.
Q. Did anybody strike you there or abuse you that time; 

just tell the court everything.
rfol. 91] A. They asked me some questions about Jack 
M illiamson and Izell Chambers, asked me did I know them,



83

I told them no I  never know them, I never see them before 
until I see them in jail here. Captain Williams told me I 
was lying, told me I  was telling something untrue. I  told 
him I didn’t know anything about these boys at all until I 
see them in jail. He told me I was going to know something 
before it was over, so they took me back to the cell. Well I 
heard them pick out somebody else. Then they took me 
down to the bull pen, and they took me out again later in the 
night, the same night, and Mr. Sheriff Walter Clark was 
standing up there and Captain Williams was sitting up on 
the table, Mr. Marshall I  believe he sat down on the chair. 
That time Mr. Walter Clark went somewhere back in the 
corner there for something, anyhow he asked me again did 
I know these boys and I told him I  didn’t know any of them, 
and he knocked me off the chair and kicked me. He told me, 
he said a mob was after us four negroes, anyhow he said 
that he would shoot me and make me jump out the window 
and say I tried to run. He said he was going to give me to 
the mob if I didn’t tell him what he wanted to know. I told 
him I  didn’t know anything to tell him. He said I was going 
to know something before it was over with. I  told him I  
wasn’t going to tell anything untrue on myself; I  had done 
nothing; and he give me some licks that hurt me, and he hurt 
me when he beat me the night before, th a t’s when he told me, 
he say he hadn’t started; he hit me one time with a black 
jack. That time Mr. Walter Clark came back up there where 
we was and he laid the gun on the table, and I seen this 
black jack in his hand, and the gun, I  don’t know whether 
that’s what he hit me with that Saturday night, but he laid 
his gun on the table, so he told me, he say I  wouldn’t be 
living until some length of time if I didn’t do what he 
wanted me to do. So he told the jailer to take me back 
downstairs, he would see me later, and some one else. The 
next time they took me out was Thursday, they took me 
out on Thursday and I see Jack Williamson; I didn’t know 
him at the time. A man asked me didn’t I know him, I 
told him I  didn’t know him. It seems like Jack had had 
[fol. 92] some rough treatment when I  looked at him, seemed 
like he had been through something what I had been through. 
So Jack pointed out me and told him he knowed me. I told 
him I didn’t know anything about Jack, the first time I see 
him. Well after then Jack, I forget exactly when it was, 
Jack tried to straighten it out, he told me he told a story,



84

he was scared and frightened and beaten up, he was half 
insane. He didn’t know anything about me.

Q. They took you out on Thursday; did they take you 
out any Friday?

A. They take me back down to where I  was at, I  reckon 
about an hour, and took me back up there again, I think it 
was the same date if I  don’t make no mistake as to the time, 
and they questioned quite a bit, they took me and Claudie 
Mack—I know him because I saw him in jail there—so they 
asked which one of you boys they call K id ; so Claudie told 
them they called him Kid sometimes, but Claudie didn’t 
know my name and I didn’t know his name at the time, hut 
I been by the bull pen and heard them call him Kid. So he 
looked at Claudie and he looked at me, he says “ one of you 
Kids I want, I want both of you.”  So they kept Claudie up 
there, then the man told them to take him on out, and they 
kept me up there. At the same time they brought Walter 
Woodward in, if 1 don’t make no mistake, asked him did he 
know me—they asked me before he came in, told me what 
they were going to do, I told them they couldn’t do any 
more than go ahead and kill me, because I  couldn’t hardly 
see my head was hurting so bad at the time. They asked 
Walter did he know me, he said no he didn’t know me. They 
asked me again did I  know him, I told them no. I  didn’t see 
him no more after I saw him down in the bull pen, where 
he told me his feet was hurting him, the first time I  see him. 
Captain Williams say “ you negroes know something, you 
going to tell us something,” so I told him I didn’t have noth­
ing to tell him no more than what I have said. He stopped a 
while and looked at us and cursed and used bad words and 
[fol. 93] everything, profane language, and from then on I 
was taken out, but not like I was Saturday night, I think 
it was somewhere around the 20th or 21st of May, 1933.

Q. What happened to you that night, tell the jury every­
thing that you can remember that happened to you on Sat­
urday night; tha t’s the week following the Saturday on 
which you were arrested?

A. That man told me, he took me in there, he told me he 
says, “ do you know who I am?” He is a pretty large man. 
He asked me did I know who he was, I  told him no, sir, I 
never see him before until he come in there that night and 
beat me up. He stopped me right then and told me not to 
sav that no more. I didn’t say it no more either. He says 
him name is Captain Williams, he was foreman of a chain



85

gang camp, and nobody excuses liis word. I  told him I 
wasn’t trying to excuse his word, I  was telling the truth 
about myself and where I was and everything. I told him I 
didn’t even know what had happened until Monday after­
noon. That’s the same night that this other fellow hit me 
right in the same place I was hit before by Captain Williams 
kicking me. I don’t know who the other fellow was. He 
says he was going to take me out on the west Dixie, he said 
quite a few things, I don’t remember all the things he did 
say, but I know he kicked me and this other fellow hit me 
in the same place I was hit before with a rubber hose. So 
I was feeling pretty bad, I would say anything he wanted 
me to say if he didn’t kill me. This was long about when 
this happened, was long about Sunday morning some time, 
he was taking us up and down and grilling us, and so he 
took me and had me on a bench with somebody else, I don’t 
know who they was, I  didn’t try  to find out who they was. 
I didn’t sleep at all that Saturday night; I  slept about three 
hours Sunday.

Q. How many times did they take you out Saturday night?
A. I was taken out all the time, I was taken out, I  counted 

them, five.
Q. When you were taken out were you taken to some other 

part of the jail?
A. Yes, sir, I was taken in—I wasn’t taken downstairs at 

[fol. 94] all, I  was taken up in the ja iler’s quarters.
Q. In the Broward County court house?
A. Yes, sir.
Q. And who were the officers present there when you were 

taken up ?
A. Mr. Walter Clark was present, I remember three times 

I see Mr. Walter Clark, the other two times I didn’t see him, 
and this J. T. Williams, he was the man that did the biggest 
part of the beating.

Q. He was there?
A. Yes, sir.
Q. "Who else was there besides Walter Clark and Captain 

Williams?
A. And the jailer.
Q. The jailer was there?
A. Yes, sir, and once or twice I saw Mr. Goodrich.
Q. Well did you see any people around there that you 

didn’t know?



8 6

A. Yes, sir, I  see some, but not every time I  went up there.
Q. That night were you beaten on that Saturday night or 

struck any time or mistreated by any officer ?
A. Yes, sir, by Captain Williams.
Q. On what occasion, the first time, or second time or third 

time or fourth time, or when, tell the jury what they did 
to you on that night, or did anything happen to you, any 
mistreatment, tell the jury just what happened to you.

A. Captain Williams hit me with a club, I think it was, 
that night, in my side; I  have got the scar right here. I re­
member he hit m e; he tried to hit my head but I ducked out 
of the way and I dodged a little bit and he hit my side when 
I stooped over, and I think that was three or four times, I 
disremember now, but it was Saturday night, and after this 
other fellow had hit me the first night I was arrested, and I 
told him after he hit me, I told him I would say anything 
he wanted me to if he didn’t kill me.

Q. Did they say anything about a rope that night; did 
you see a rope?

A. Yes, sir, I  see a rope. He started to put a rope around 
my neck, but he changed his mind because some one else 
came in there, I  don’t know why.
[fol. 95] Q. What did he say?

A. He was going to string me up.
Q. What did he say?
A. He told me he was going to string me up like he dome 

some other folks that was in jail like I was, he told he done 
some one, I don’t know the name, but some one came in 
there and told him not to do that.

Q. Did anybody take up for you, any of the officers, for 
your mistreatment?

A. No, sir.
Q. Say anything to you about jumping out the window?
A. Yes, sir, he told me he was going to make me jump out 

the window. He told me I was going to be some kind of a 
negro, I forget the expression he made, he told me he was 
going to get his gun and lay it on the table and make me 
jump out the window and say I tried to jump out to run 
away from up there at the ja iler’s quarters.

Q. This was on the fourth floor?
A. I reckon it was the fourth or fifth floor.
Q. Did he tell you he was going to shoot you?
A. He says he was going to shoot me if I didn’t jump, 

would say I  tried to grab the gun and shoot him with it.



87

Q. How long did that treatment keep up with you that 
night ?

A. He kept me going—I was threatened all night.
Q. Saturday night ?
A. I  didn’t sleep all that Saturday night at all. I  didn’t 

get no relaxed until Mr. Maire came, he said he was the 
prosecuting attorney; I had never seen him until he come 
over there the first time and he tore up the paper, he said if 
they gets something-----

Q. Did you see the State attorney when he came over the 
first time?

A. Yes, sir.
Q. Did he talk to you?
A. I disremember if he talked to me; I  see the one they 

said was the State attorney.
Q. What did you hear him say then?
A. He was talking with the other officials, and th a t’s the 

time when he tore up this paper. That’s the paper where 
Walter Woodward was telling about when he was on the 
stand, that was the same time. If I  don’t make no mistake 
the prosecuting attorney came over twice.
[fol. 96] Q. That was the first time?

A. Yes, sir.
Q. Well did they do anything to you after the prosecuting 

attorney was over there the first time, before he came the 
second tim e; did they take you out any more ?

A. Yes, sir, I  got one more lick, Captain Williams hit me 
one more time after the prosecuting attorney left.

Q. What did Captain Williams tell you about the con­
fession?

A. He told me I was telling things untrue to him, and I 
said I was doing no such thing, and he said if I  didn’t say 
what he wanted me to say I wouldn’t see daylight the next 
morning, or I wouldn’t see the sun go down.

Q. When he told you that did you tell him what he wanted 
you to say?

A. I told him I would say just what he wanted me to say 
if he wouldn’t kill me or give me to the mob that he said 
was out there, he started to hit me again and I  told him that.

Q. Then you told him you would say what he wanted you 
to say?

A. I told him I would say what he wanted me to say.
Q. Did he send for the State attorney again?
A. Yes, sir.



8 8

Q. You know the State attorney now?
A. Yes, sir, I know him now when I  see him. He sits over 

there with a brown suit on.
Q. Where were yon when the State attorney came over 

that morning—what time did he come over the last time ?
A. The last time he came over?
Q. That Sunday morning?
A. I don’t know what time.
Q. Before daylight?
A. It seems to me the first time was very early but the 

last time it wasn’t so early.
Q. You know whether it was daylight or dark when he 

came over the last time ?
A. The last time he come over there I know it was day­

light.
Q. At that time when he came over there where were you?
A. I  was sitting in a chair.
Q. In what room in the jail?
A. On the last floor of the jail, I don’t know whether third 

or fourth.
Q. Who else was there?
A. Well there was other boys.

[fol. 97] Q. What other boys; these boys here?
A. Jack Williamson, Walter Woodward and Izell Cham­

bers, we was all sitting around on chairs when he came.
Q. What did Captain Williams say to you before he came 

in?
A. He gave us his opinion of everything he wants us to 

say.
Q. Hid you say then at that time what he wanted you to 

say?
A. I told him I would say what he wanted me to say.
Q. Did you say in the presence of Mr. Maire what he 

wanted you to say ?
A. Xo. sir. I never said anything.
Q. Well you did say some things in the presence of Mr. 

Maire?
A. I don't remember saying anything. I tried to tell that 

man how I was beat and everything, but I didn't say any­
thing the first time: I tried to do that. I iw a m te f f c  say-

; so*#* word, he spoke everything aboat he bang re­
sponsible-----

Q. Yrn dH iwmthT # m attr-jiM * fhtiTH thwt iMiHT#r#T M r*  
; :: seme km c’



89

A. Yes, sir.
Q. Why did you make the confession ?
A. I made it because I  thought that was just about the 

last of me, because he told me if I didn’t do it he was going 
to take me out on the street, he said he was going to give 
me to the mob or kill me himself, and I  was afraid.

Q. You were really afraid of him?
A. Yes, sir, he had done enough to me to be afraid, he 

was a large man and I  know that he would do what he say, 
at least I  thought he would; I had pains right then from 
what he had done to me already; I  was hurt so bad I couldn’t 
hardly see.

Q. Did you sleep any that night?
A. No, sir.
Q. After they left the next morning did you sleep any 

that day?
A. On Sunday I  slept about three hours.
Q. Now were you taken over to court later on to enter a 

plea or be arraigned?
A. Yes, sir, I  was taken down to court to be arraigned, I 

don’t remember the date. I had told him I  would say what 
he wanted me to say, I  said I  will plead guilty to everything, 
and so when I got down there I wouldn’t plead guilty.
[fol. 98] Q. You pled not guilty?

A. I didn’t plead guilty. I didn’t do what he wanted me 
to do.

Q. What happened to you after that time, after you were 
taken back to jail?

A. Up until the time just before we was taken down I 
told him that I  would plead guilty to what he wanted me to 
say. Well after then I  got to thinking I hadn’t done nothing 
and I know I  was telling something untrue on myself; I 
don’t know about the other boys, and so I got thinking 
about it, and I told him I didn’t think I wanted to do that, 
I told him I wouldn’t tell an untruth on myself, so it was 
one time we was taken down there-----

Q. You were taken down there the first time before the 
Judge and before Mr. Maire; you know where the court 
room is, don’t you?

A. Yes, sir.
Q. You say you didn’t do what he wanted you to, you 

wouldn’t plead guilty?
A. No, sir.



90

Q. Now were you taken back to jail after that time, after 
you were in the court room, did they take you back to jail?

A. Yes, sir, they took me back to jail.
Q. After you got back to jail did you at any time after 

that see Mr. Williams again?
A. Yes, sir, I  saw him, and he was the onliest man I  see.
Q. Tell the Court and jury what happened to you that 

time ?
A. I  see him again; at the time he hit me.
Q. AYhere were you at that time?
A. When he hit me the jailer was taking me up in the room 

where the radio and bed was. I didn’t see nobody but him, 
I didn’t see no one. I  got off the elevator, I  didn’t see 
nobody but Captain Williams; well he hit me so hard, he 
was mad because I  didn’t do that, so he hit me so hard—I 
didn’t see no one else there, I didn’t see no one but him, and 
I told him I would say what he wanted me to say again, and 
so when I  told him I would say it he told me he was satisfied 
I would say it. He told me lots of things, but I  don’t re­
member what he told me.

Q. Did he tell you he wanted you to plead guilty, and did 
[fol. 99] you tell him you would plead guilty?

A. Yes, sir, I  told him I  would.
Q. Did you tell your lawyer you would plead guilty ?
A. I  didn’t have any lawyer.
Q. Did any lawyer ever talk to you about your case?
A. The morning I was brought down before the Judge to 

be sentenced.
Q. The time you were taken over in the court the first 

time were all these other boys over in court that time ?
A. Yes, sir.
Q. That was when you wouldn’t plead guilty?
A. Yes, sir.
Q. Did any of them plead guilty at the time when you 

wouldn’t plead guilty?
A. Yes, sir, I think so, I  don’t recall but I think so.
Q. You think some of them did the first time?
A. Yes, sir. I didn’t know these boys very well. I  think 

so, I  think, they did. I  didn’t plead guilty.
Q. How many days was it after that time before you came 

back and did plead guilty ?
A. I t was the day that Izell Chambers went before the 

grand jury.
Q. You mean before the Judge to be tried?



91

A. Yes, sir, so I  entered a plea of guilty.
Q. Why did you enter a plea of guilty?
A. I  entered it because I was afra id ; I was being forced 

to.
Q. Who were you afraid of?
A. I was afraid of Captain Williams most of all and I 

was scared of a mob.
Q. Was it on account of the fear you had of Captain 

Williams ?
A. Yes, sir, of him, honest to goodness, he beat me un­

mercifully.
Q. Had he beat you unmercifully since you were in court 

the first time ?
A. Yes, sir, he had beaten me, but he hadn’t beaten me 

like he had the last time and said what he said about jump­
ing out of the window, and put his gun up on the table, like 
he beat me the first night I was arrested.
[fol. 100] Q. You say the reason you went back and told 
the court you would plead guilty was you were afraid of 
Captain Williams and the rest of them?

A. Yes, sir.
Q. Did you on that morning talk to anybody who pur­

ported to be a lawyer to represent you?
A. The morning I went down to court, supposed to be 

going to trial, this man, I don’t know his name now, come 
to me and said he was the lawyer, the State appointed him.

Q. Did he talk to you, tell you anything about your case, 
what to do or not to do ?

A. He told me that he was a lawyer, was appointed by 
the State, I understood it that way. So I tried to explain 
to him that he didn’t know anything about this case no way 
at all; so he tried to tell me the best thing to do ; when I was 
up there he didn’t say anything to me but come down in the 
court and stood up when the man sentenced us to the chair.

Cross-examination.

By Mr. Salisbury:
Q. Who arrested you?
A. Chief Maddox.
Q. Who else?
A. By himself.

_ Q. And what were you doing down there at the house the 
night he arrested you?



92

A. The night he arrested me I  just had come from the 
store and I had bought some soap. I had my shirt off, I 
was just going to take a bath and rinse out the shirt and go 
to bed.

Q. You were rinsing out the short when he came to arrest 
you?

A. Yes, sir.
Q. What did you have on the shirt?
A. I put it in water.
Q. What did you have on the shirt, why were you rinsing 

the shirt out ?
A. Nothing but dirt.
Q. Any blood on it?
A. No, sir, I never see any blood.

Mr. C atts: Object.
The Court: Objection sustained.

Q. You say they took you then to Pompano jail?
A. Yes, sir.
Q. And who was present?
A. Chief Maddox took me to jail. He took some more 

men but he left them and come over with a flashlight; I 
[fol. 101] thought some one was trying to scare me because 
they said the place was spooky. He came around with the 
light and walked up to the door and came in and looked 
around the house, searched it two or three times, and I  asked 
him what did he want-----

Q. I am talking about after they got you in the jail, did 
somebody beat you?

A. Yes, sir.
Q. Who was present?
A. Chief Maddox was present.
Q. Was Sheriff Clark present?
A. I didn’t know him at that time, I had never seen him.
Q. Take a look at him now. You said a while ago you 

saw some one that kind of favored him?
A. I don’t know for certain whether it was him or not.
Q. You remember whether or not Mr. Walter Clark ques­

tioned you in Pompano?
A. No, sir he didn’t question me then. Mr. J. T. Williams 

was the man that was doing the biggest part that night.
Q. Now when was the first time they took you back to 

Broward County jail on Sunday?



93

A. Sunday morning.
Q. Now when was the first time they started beating you 

up there ?
A. I believe on Monday.
Q. Did any one beat you on Sunday?
A. No, sir.
Q. What happened Monday?
A. Monday afternoon was when they took me out and I 

learned what it was all about, what they claimed had hap­
pened. I still didn’t know what happened. A kind of stout 
man told me down in the office that Mack Little said he told 
the officers he knowed me and had seen me or something. 
Izell Chambers was in there and some other boys. And he 
said you don’t know anything about any of the other boys, 
and I said I didn’t know anything about them, that I never 
seen them. So Mr. Wright took me and carried me back 
upstairs and locked me up in a private cell.

Q. When did they first start beating you?
A. First started beating me on the 13th, the first night I 

was arrested, about 2.30.
Q. I am talking about after you got back to Broward 

County jail.
A. It was on Wednesday.

[fol. 102] Q. Didn’t beat you on Monday?
A. No, sir, they didn’t beat me on Monday.
Q. Anybody hit you Monday?
A. It was either Tuesday or Wednesday.
Q. Any one hit you on Tuesday?
A. No, sir.
Q. When was the time that Captain Williams said he 

was going to push you out the window and then say you 
jumped?

A. The first time he told me, -he first time he mentioned 
that was in Thursday night, I remember Thursday night, 
and he mentioned it again Friday night and Saturday night. 
He was talking about the mob that was out there waiting 
for me, and talked about turning the keys over to the mob.

Q. How many nights were you questioned after you got 
to Broward County jail?

A. They didn’t question me the first of the week, as I 
said it started on Wednesday or Tuesday.

Q. You remember signing this petition (showing witness 
paper). Is that your signature, Charlie?



94

A. Yes, sir.
Q. Did you read that before you signed it!
Mr. Catts: You better tell him what it is.
Q. The petition was sent to you at Eaiford. You signed 

that!
A. I didn’t understand it very well. I  had never been 

in court before but I  thought it was all right and everything 
that was in it was right.

Q. Was everything in that petition that was signed by 
you at Raiford true!

A. I  don’t know what is in that one there; I signed more 
than one, and more than two I  think,

Q. I am talking about the petition that was sent to you 
at Raiford and you signed. You remember signing this 
petition and swearing to it, this petition that was sent 
you up at Raiford!

A. Yes, sir.
Q. Did you read that over before you signed it?
A. I disremember.

[fol. 103] Q. Was it read to you by any one?
A. I  believe it was read.
Q. Is everything contained in that petition that was read 

to you true?
A. Yes, sir, as far as I can recall.
Q. Do you recall the petition that I  just presented to 

you, you recall whether that petition, from what you read 
or what was read to you, stated among other things-----

A. Your Honor, I  remember the petition but I  do not re­
call what was in the petition and everything about it, I do 
not remember.

Q. Let me refresh your memory: “ Your petitioners fur­
ther represent unto the Court that Charlie Davis was taken 
from his cell to the Sheriff’s Office of Broward County, 
Florida, at about 9 :30 P. M. on May 20, 1933, and he was 
ordered to be seated. Immediately after he was seated in 
the Sheriff’s office, he was knocked out of his chair” .

A. Yes, sir.
Q. That’s correct?
A. Yes, sir.
Q. That’s after you reached Broward County jail?
A. Yes, sir.
Q. “ —against the brick wall of the room, knocking him 

almost senseless by one of the men present there.”



95

A. No, sir, I  haven’t said the brick wall, I  don’t know 
what kind of a wall.

Q. For a week they had been questioning him and he was 
without sleep and beating him every night; did they walk 
you every night for a week before you confessed on Sunday?

A. From the time I told you a while ago they asked me 
on Sunday and I say-----

Q. Did they begin walking you on Monday?
A. They started Tuesday or Wednesday.
Q. Do you recall testifying in this case on February 21, 

1935, down at Broward County, the last trial of this case?
A. Yes, sir, I  remember being down there.
Q. I ask if you remember Mr. Maire asking you this 

question and giving this answer: “ I know that Charlie, 
but I am asking you about the night up here in the jail, 
the night before this confession was taken, did Captain 
[fol. 104] Williams kick you that night, when he hit you 
with his fist? (A.) No, sir, he kept sending the jailer down 
in my cell, and I  told him I  didn’t want to see him, because 
I hadn’t done nothing. (Q.) I know, but did he kick you? 
(A.) No, sir, he told me he would get some of those trust 
negroes and have them throw me out the window and say 
I jumped out, committed suicide.” Is that true or not. 
Did Captain Williams threaten to throw you out?

A. He threatened to, throw me out or make me jump out 
from Thursday night to Saturday.

Q. And the further question and answer: “ He didn’t 
kick you? (A.) No, sir, I  don’t  remember him kicking me. 
(Q.) What did you mean when you testified before, I  asked 
you this question: ‘How many times did he hit you with 
the club ? ’ and you said ‘ once ’, and I  said ‘ How many times 
with his fist’ and you said once. I  said ‘What else did he 
do?’ and you said, ‘he kicked me,’ and I said, ‘How many 
times did he kick you?’ and you said ‘Didn’t kick me but 
once.’ Didn’t you testify to that here before, Charlie? 
(A.) That is right.” Do you recall that question and an­
swer?

A. That last question I  don’t remember. Your Honor, 
I do not remember all the things that happened in the case.

Q. Now, Charlie, after they got you up to Broward County 
jail, excluding any of this kangaroo court, I  mean when 
they put you in the cell, did the other prisoners in there 
give you some certain licks for testifying as a witness, 
among the prisoners?



96

A. Yes, sir.
Q. No officers?
Q. Yes, sir.
Q. Excluding that, I want you to again tell the jury the 

first night, or the first day that Captain Williams, or any 
of the sheriff’s deputies, or any other person beat you 
or kicked you or hit you with any object?

A. It was on Tuesday or Wednesday night.
Q. Let me ask you another question; when was it that 

they asked you if you knew Jack Williamson; I believe 
you testified that was on Saturday?
[fol. 105] A. I don’t recall the exact date they asked me.

Q. Was it just after you got in Broward County jail, 
or after you had been there quite a while?

A. I had been there quite a while. As I said a while ago 
they didn’t take me out until Wednesday or Tuesday, be­
cause I was in jail all day Sunday and Monday.

Q. Didn’t you testify before these gentlemen of the jury 
a few minutes ago that they brought you out on Saturday 
and asked you if you knew Jack Williamson, and they 
took you back to your cell; was that on a Saturday?

A. Yes, sir, they brought me out right enough and I say 
those same words, but I disremember whether it was Satur­
day or not.

Q. Do you recall whether they brought you out on Mon­
day, the first Monday after you got in there?

A. No, they didn’t get me the first Monday, they took me 
out only one time; they started beating me Tuesday night 
or Wednesday.

Q. What did they do when they took you out that one 
time on Monday, what did they do?

A. They took me down on the bottom floor in the sheriff’s 
office.

Q. Did any one strike you?
A. No, sir, they didn’t strike me that time.
Q. What did they do Tuesday?
A. They didn’t take me out as I  knows, I don’t know 

whether it was Tuesday or Wednesday they took me out.
Q. Charlie, do you recall whether it was the first part 

of the week you were in jail or the last part of the week 
you were in jail they took you down to see Jack Williamson?

A. It wasn’t the first part of the week.
Q. It was toward the last part of the week?



97

A. Toward the last part of the week but I disremember 
what day it was.

Q. Was it prior to the time you gave this confession?
A. It might have been Thursday, I don’t know.
Q. Now you say you were carried down to Pompano 

again ?
A. Yes, sir.

[fol. 106] Q. What were you carried down there for, and 
what did you do?

Mr. C atts: Object to counsel trying to elicit an answer 
from the witness which would not prove any issue in this 
case.

(Question withdrawn.)
Q. Did you ever get beat or did any one ever strike you 

and mistreat you in Pompano Monday, the following Mon­
day after you were confined in Broward County jail?

A. The following Monday?
Q. Yes, th a t’s right?
A. No, after they took me out the first time they didn’t 

strike me. That’s when Captain Williams told me to wash 
my clothes.

Q. I believe you say that you counted five different times 
they took you out?

A. Yes, sir.
Q. About how long would they keep you out there and 

grill you and question you and beat you, about how long 
a length of time when they would take you out these five 
different times?

A. They kept me out there sometimes a long time.
Q. Would you say an hour?
A. Yes, sir, they kept me out there at times over an hour.
Q. Over an hour?
A. Yes, sir.
Q. Five times? What was the longest time of any of 

those five times?
A. I do not know.
Q. Would you say it was longer than over an hour, or 

would you say it was over two hours ?
A. Around two hours.
Q. The other times were about an hour, do I understand 

you to say the other times were around an hour and longest 
time was about two hours?

7—195



98

A. Yes, sir, this is my guess for I  didn’t have no time­
piece. I  know they kept me there a long* time, they kept 
that up all night until Sunday somewhere about eight or 
nine o’clock.

Q. What would they do when they took you out, besides 
beat you—you say they made you walk for almost a week; 
did they make you walk on Saturday night? .

A. Yes, sir.
[fol. 107] Q. Who made you walk?

A. They walked themselves from the cell, walked from 
there to the elevator, and walked back and forth. What 
possessed me to count those times was because some other 
fellow down there said he had counted four times, and I 
said it was five, and then it was after 12 or one o’clock 
I  think.

Q. Who had counted four tim es; what do you mean, some 
other prisoner had counted four times?

A. Yes, sir.
Q. And you remember they were wrong?
A. I  remember him saying that, I don’t know who he 

was, he was down below me.
Q. Now when they took you out of your cell and brought 

you back, you walked from your cell down to that room, but 
in addition to taking you down there I  believe you stated 
they struck you and threatened you, but in addition did 
they make you walk up and down so you couldn’t sleep?

A. No, sir, I  couldn’t sleep at all no way.
Q. Did they walk you up and down that Saturday night 

when they took you out five times ?
A. They didn’t walk me no more. They walked me from 

the cell.
Q. Was Captain Williams with you at all times during 

those five times?
A. Captain Williams was present every time.
Q. Every time?
A. Yes, sir.
Q. Was Sheriff Clark present every time?
A. I  didn’t see him every time.
Q. Each one of these five times was an hour, and the 

longest period was around two hours?
A. Yes, sir. I told you that was my guess.
Q. Now how many of these five times would you say 

was closer to two hours than one hour that Captain Wil­
liams was with you continually?



99

A. I  don’t know, I  couldn’t tell yon now, because I  was 
upset and frightened, I couldn’t tell you.

Q. Let me ask you this question: you do know the short­
est period of time of any of these five times was over an 
hour ?

Mr. C atts: He said his guess would be such and such a 
time, but he didn’t know how long.

[fol. 108] Q. Is your guess that a still shorter time of these 
five times was over an hour?

A. Yes, sir.
Q. And Captain Williams was with you continually the 

whole time?
A. Yes, sir, he was with me continually the whole time. 

There was more folks, I  don’t know who they were.
Q. Did he ever have Jack Williamson along on any of 

these tr ip s ; you were alone, weren’t you?
A. Yes, sir, I  was alone.
Q. Did he ever have Walter Woodward on any of these 

trips ?
A. They was brought in the same time I  was just about 

day that Sunday morning they were brought in that same 
morning.

Q. I am talking about Saturday night that you were taken 
out and Captain Williams was with you continually, accord­
ing to your guess, not less than an hour, and in at least one 
instance over two, five different times during that night?

A. Yes, sir.
Q. Were you alone, were any of these other petitioners 

with you ?
A. I wouldn’t say that I was alone all the time.
Q. Was Jack Williamson ever with you?
A. I don’t remember.
Q. Was Walter Woodward ever with you?
A. I don’t remember, Walter being with me any time of 

night, I think it was that night— —
Q. I am asking about that night?
A. I don’t remember, your Honor.
Q. You don’t remember whether you were with Walter 

Woodward that night?
A. Not at night. That Sunday morning before day I 

know he was there.
Q. You know who was there?
A. Walter Woodward, Jack Williamson and myself.



100

Q. You know they were where?
A. In this same place of Mr. Marshall where he sleeps, 

where the bed and radio and chair and different things.
[fol. 109] Q. I am asking you if Walter Woodward or any 
of these other boys sitting over there were ever with you 
on any one of these five times that Captain Williams took 
you out of your cell and stayed with you continually?

A. I told you I don’t remember.
Q. When was this you saw Mr. Maire tear up something; 

what caused you to remember th a t; didn’t you state that you 
saw Mr. Maire tear up Walter Woodward’s confession, 
and you talked to Walter?

A. I talked to Walter?
Q. You recall what you testified?
A. Yes, sir, I  told you Mr. Maire come over twice.
Q. Didn’t you say you heard Mr. Maire question Walter 

Woodward Saturday night?
A. I told you I heard Mr. Maire say something, but I  ain’t 

saying anything about Mr. Maire questioning Walter Wood­
ward.

Q. You heard him say something to who?
A. Say something concerning protection, th a t’s what he 

said.
Q. Now I am asking you the fact, do you recall whether 

or not you ever saw Mr. Maire with Walter Woodward 
Saturday night?

A. The only time I see Mr. Maire or Walter Woodward, 
the onliest time I saw Mr. Maire and know Mr. Maire was 
the nest morning—you are talking about this night—the 
only time I  saw him anywhere near Walter Woodward, it 
was that same morning, that same night or morning, what­
ever you want to call it.

Q. What do you mean, morning or n ight; do you mean the 
morning when the confessions were taken at 6.30 at Mr. 
Maire’s office?

A. Yes, sir.
Q. That’s when you saw Walter Woodward and saw Mr. 

Maire questioning him?
A. Yes, sir.
Q. And th a t’s the only time you saw them together?
A. That’s the only time I ever saw them together.

[fol. 110] Q. Now when do you claim you ever saw Mr. 
Maire tear up a piece of paper that you now tell this jury



101

was a confession, or didn’t you see him tear up anything 
that day?

A. I told you Mr. Maire came twice over there. The first 
time he must have been disgusted or something because he 
went away.

Q. What did he do ?
A. Well I  know about the next time he came. I  remember 

some of that pretty well.
Q. You are sure you saw Mr. Maire twice. That was 

Saturday night of Sunday morning ?
A. I said I  remember the last time he come well some of 

the things.
Q. That’s the time you gave this confession!
A. The last time.
Q. Now you say you were walked out five different times 

and taken down by Captain Williams, and he was with you 
continually the whole time?

A. Yes, sir.
Q. How many times to your knowledge was Walter Wood­

ward taken out by Captain Williams ?
A. I don’t know how many times he was taken out, but I 

hear the door slam back, somebody, I don’t know who it was.
Q. You heard Walter Woodward testify just now?
A. Yes, sir I  heard him.
Q. How many times was Jack Williamson taken out to 

your knowledge Saturday night and early Sunday morning ?
A. That I  do not know.
Q. But you recall definitely that you were taken out five 

times ?
A. Yes, sir, because the fellow below me, might have been 

sleepy or something, but he said I had been out four times, 
I don’t know whether th a t’s the last time or not, I  was hit 
so I don’t know; they come and got me another time, that 
was the last time that night; I  didn’t go back after that 
Sunday morning.
[fol. 111] Q. You recall the second time you say you saw 
Mr. Maire when the confession was given?

A. Yes, sir, I recall the time I saw Mr. Maire, the time 
when I told that man I would say what he wanted me to say, 
that was on Sunday morning when Mr. Maire came over 
there.

Q. You remember whether or not Mr. Maire asked you 
whether or not any one had beat you or threatened you in 
any way ?



102

A. I  remember Mr. Maire telling something like that but 
I  ain’t saying nothing to him, I wouldn’t talk.

Q. You mean you didn’t talk to him?
A. I didn’t talk to him.
Q. You remember whether or not on May 21, you remem­

ber this question was asked by me and you gave this answer: 
“ Charlie Davis, do you want to make a statement and tell 
what you know about the hold up of Mr. Darcey at Pom­
pano on May 13, 1933, (A) Yes, s ir” . Is that true?

A. I  don’t remember saying that.
Q. “ Has anybody beat you or forced you in any way to 

make the statement you are about to make? (A) No, sir, 
they have not.”  You recall that?

A. No, sir.
Q. ‘ ‘ In order to induce you to make a statement has any­

body promised you any reward or anything to get you to do 
it? (A) No, sir.” You recall that?

A. I  remember his saying something. I didn’t know what 
his name was, I  didn’t even know who he was until he 
told me.

Q. This question was asked you: “ You want to make a 
statement freely and voluntarily, of your own will? (A) 
Yes, sir.” “ And tell the truth about it? (A) Yes, sir.” 
You don’t recall that?

A. No, sir.
Q. You recall the trial of Izell Chambers when you tes­

tified on behalf of the State ?
A. I  don’t remember those things, and that man he 

threatened me and said what he would do, and I  believed he 
was going to do what he said he would do.
[fol. 112] Q. I  ask you if you remember the day that Izell 
Chambers was tried and you testified in court as a witness ?

A. Yes, sir, I  remember some things that day all right.
Q. What things do you remember that day, that you re­

member testifying?
A. I  remember well seeing this big man Captain Williams, 

I  remember him coming around, he come in and say some­
thing to me, but I  don’t know what it w as; he told me not to 
forget what he told me.

Q. Charlie, at the trial of Chambers, this negro sitting 
over this end, you recall testifying as a witness for the State 
at his trial, do you not?

A. I  remember that day, of course I  don’t know what I 
said.



103

Q. But you do remember Captain Williams coming in 
there that clay?

A. I remember—what caused me to remember him so well 
he came over where I  was and he spoke to me again. He 
went on the stand after then.

Q. Did any one else speak to you that day?
A. I don’t remember anybody else speaking to me except 

the man I used to work for.
Q. At the trial did you or did you now answer the same 

questions according to the way you did in the confession at 
the trial of Chambers?

A. I tell you what I  do remember. This lawyer that I 
had I remember I  tried to tell him, he came up there to me 
one time and I tried to tell him-----

Q. I  am talking about the trial of Chambers.
A. Yes, sir, the day of Chambers trial.
Q. Tried before a jury wasn’t it?
A. Yes, sir.
Q. And you testified?
A. Chambers tried before a jury.
Q. And you testified?
A. No, sir, I  a in’t saying I remember nothing about my 

testimony or anything like that.
Q. I am not asking you if you remember your testimony. 

I ask you can you remember being physically in the court 
room, sitting in the court room testifying, you remember 
that?

A. Yes, sir, I went on the stand, but what I said I  don’t 
[fol. 113] know.

Q. What you said you don’t know?
A. No, I don’t remember what I  said.
Q. Why were you in that situation; right now you can’t 

remember, but you can remember these other things, why is 
it you can’t remember what you said?

A. Your Honor, I  told you I  could remember some things, 
I couldn’t remember everything.

Q. Can you remember anything you said 'when you were 
a witness in that case?

Mr. Catts: If you can remember anything, just answer 
the question yes or no.

Witness: I told him, no sir, I can’t remember.
Q. Charley, you remember Mr. Worley, an attorney in 

Miami ?



104

A. I  only know Mm by seeing Mm one time.
Q. He came up from Miami to the jail to talk with you?
A. Yes sir, he did.
Q. Did you tell Mr. jWorley about Captain Williams, 

Sheriff Clark and the rest of them beating you and threaten­
ing to push you out the window?

A. If I  told Mr. Worley I would not have been here today.
Q. You would not have been here today?
A. No, sir.
Q. But you didn’t tell him. He was a lawyer that came 

up from Miami to see you about representing you?
A. Yes, sir, my father from North Carolina got him to 

come up here.
Q. That was his job, he came up after you had given this 

confession up in Mr. Maire’s office, wasn’t it?
A. I told them I would say what they wanted me to if they 

didn’t kill me.
Q. How many days after that was it Mr. Worley came up 

from Miami to see you?
A. Yes, sir, he came up.
Q. About how long after you gave the confession in Mr. 

Maire’s office?
A. I don’t know.
Q. Would you say it was three days?
A. I do not know.

[fol. 114] Q. Would you say it was three weeks?
A. I  do not know.
Q. Just a blank, your mind?
A. I  don’t know what it is.
Q. Was it after the plea of guilty before Judge Tedder in 

tMs case that Mr. Worley came up to see you?
A. Yes, sir, he came up to see me.
Q. Was it after you plead guilty ?
A. It was after I  was sentenced.
Q. You know James Little ?
A. No, sir, I  see Mm in jail.
Q. You do know him?
A. I see him in jail, see him in jail the first time I see him.
Q- As a matter of fact you were in the same cell with 

James Little for a while?
A- Yes, sir, for a wMle. He made a confession, Mm and 

Frank Manuel. A fter then he was pat down ha Hie hall pen.
C As a matter of fact you were in the same cell with



105

James Little on Saturday before the confession was given 
on Sunday.

(James Little brought into the court room.)
Q. Is that James Little?
A. I don’t know whether tha t’s James Little or not.
Q. Is he the man you were in jail with?
A. I  saw him out there in the kangaroo court. Before 

this time I  was lying on the bed and he sat on the other 
bed before this time.

Q. Was he in your cell with you on Saturday before this 
before this Sunday that you gave the confession in Mr. 
Maire’s office?

A. I don’t remember.
Q. But you do, however, remember he was in your cell at 

some time?
A. Yes, sir.
Q. And this is the one?
A. That’s the m an; first time I saw him was in jail.
Q. You recall whether or not you had a conversation with 

him as to whether or not you had been beaten ?
A. No, sir, I  never talked. The fellow said I was crazy 

because I wouldn’t talk.
[fol. 115] Q. Who said you were crazy?

A. Fellow by the name of Banjo Bernev. He was in jail 
at the time.

Q. I ask you whether or not you told this boy here whether 
they had or had not beat you?

A. I don’t remember.
Q. You don’t remember whether you told him they had or 

not?
A. I don’t remember I  told him anything, that he talked 

to me about anything.
Q. You mean to convey to the jury that you had been 

beaten and walked since Tuesday, Wednesday, Thursday, 
Friday and Saturday, and you can’t remember whether you 
told this darkey whether you had or had not?

A. You know that place is full, your Honor, lot of people 
were in there I  haven’t never seen before.

Q. You didn’t ever see him in your cell?
A. I  told you before he was in my cell sitting on the bed 

talking to another fellow, and I  was lying down. There is 
four bunks in the cell. I  was laying down at the time because 
my head was aching.



106

Q. Why was it now that you went up to Mr. Maire’s office 
and answered these questions to him like you did in your con­
fession, and why was it you got up in court and plead guilty?

A. I didn’t go to Mr. Maire’s office; if I did, I didn’t 
know it.

Q. Well the office where Mr. Maire was sitting when these 
questions were asked you and the answers given by you, why 
was it you confessed in front of Mr. Maire, sitting here, and 
the Sheriff, sitting here, and several others ?

A. I told Captain Williams I  would say anything he 
wanted me to say if he wouldn’t kill me and wouldn’t heat 
me any more, I  told him I  couldn’t stand any more.

Q. Were you afraid of Captain Williams?
A. Yes, sir.
Q. You remember testifying on February 21, 1935, at the 

trial of a case down in Broward County, Florida ?
A. Yes, sir, I  remember being down there.

[fol. 116] Q. You remember this question: “ Did Mr.— 
Captain Williams hit you with anything? (A.) He had a 
black jack up there and he throwed his gun on me and I told 
him his gun wouldn’t shoot and he laid it down on the table. ’ ’ 
You remember whether that question was asked you and 
that answer given ?

A. No, sir.
Q. “ You weren’t scared of him then were you Charlie? 

(A.) No, sir, I  was as much law as he was.”  You remember 
that question and that answer given?

A. No, sir.
Q. And you say it was because you were afraid of Captain 

Williams that you made this confession?
A. Yes, sir, and there was other things.
Q. What was that ?
A. Well the mob, the people he claimed was out there; to 

make me jump out the window and shoot me, make believe 
I was trying to run, and things like that.

Q. I  will ask you if you remember, referring to February, 
1935, you remember this question being asked you and the 
following answer given: “ I believe you testified a few min­
utes ago that you weren’t afraid of Mr. Williams up here in 
the jail the night of the 21st—20th and 21st, of May, is that 
true?’’ (A.) That is right. You remember that question 
being asked and you giving that answer ?

A. Your Honor, I  don’t remember saying it.



107

Q. I will ask you if you remember this question: “ Well 
what made you give this confession then? (A.) After I  saw 
I had to do that, I had to rely on my own self, to save my 
own life.” And this question: “ So it wasn’t because you 
were afraid of Captain Williams or any of the officers, but 
you were afraid you would lose your life, was it? (A.) Yes, 
sir, I was afraid I would lose my life. I knew that man was 
the sheriff, but I wanted to know about this man, seemed 
like he was taking possession of this country. He was a con­
vict guard. I know law, see ? and recognize law and order. ’ ’ 
You remember that answer being given?

A. Yes sir, I remember I  said I never broke the law, I 
remember that.
[fob 117] Q. And you say you were afraid of mob violence ?

A. Yes, sir, he had talked so much about it.
Q- You remember this question being asked at that same 

trial: “ Were you ill-treated by any of the officers between 
the time the confession was taken and that day, Charlie? 
(A.) Well, I tell you, I read in the paper and saw where they 
was beating up people in Pompano and shooting up innocent 
people, and so I  tried to take it all on myself to keep them 
from shooting up anybody else, because those white people 
had taken the law in their hands, and they are not law, see? 
shooting up people and running them away from town, over 
shooting people going to church, and I tried to take it upon 
myself to keep them from shooting up anybody else.” You 
remember that question was asked and that answer given?

A. Yes, sir, I remember something concerning it but I 
don’t remember all of it.

Q. What did you mean by that?
Mr. C atts: Object to that.
The Court: Objection sustained.
Q. Is that true or untrue?
A. I remember something that you spoke a while ago but 

I can’t tell you all of it.
. Q- Charlie, as a matter of fact did you make this confes­

sion that you made in order to take it all on yourself and 
keep them from shooting up people in Pompano; was that 
the reason you confessed?

A. No, sir.
Mr. C atts: Object.
The Court: Objection overruled.



108

Q. Charlie, Judge Tedder appointed a lawyer to defend 
you, did he no t; you recall whether he did or not ?

A. The man I told you about, I  didn’t know his name, went 
down with m e; came up before I  went down.

Q. Came up to your cell, did he?
A. No, he didn’t come up to my cell. I  was in the bull pen, 

he came outside the bull pen and I  came out, th a t’s the first 
time I  ever see him. He said that he was a lawyer ap­
pointed by the State.
[fol. 118] Q. To defend you, didn’t he?

A. Yes, sir.
Q. Did you tell him whether or not you had been beaten?
A. I wanted to tell him.
Q. Let me ask you first, did you tell that man that came up 

to see you in the bull pen before you went to plead in your 
trial, did you tell him or represent to him that Captain Wil­
liams or the Sheriff, or any one else, had beat you or ill- 
treated you and forced you to give that confession?

A. I wanted to tell him but Captain Williams was right 
there with us and I couldn’t tell him.

Q. You mean you didn’t tell him?
A. No, I didn’t tell him.
Q. Did the lawyer ever ask you when Captain Williams 

wasn’t present?
A. No, sir, in fact the lawyer he hadn’t said a dozen words 

to me.
Q. On Saturday night, prior to the time the confession 

was given, did Bob Clark or Mr. Virgil Wright ever question 
you, they come there to your cell ?

A. I  haven’t seen them.

Redirect examination.

By Mr. C atts:
Q. Charlie, were you ever brought into court down there 

in Broward County and the court itself tell you you had an 
attorney to represent you?

A. I don’t understand.
Q. Did the Judge down there of the court ever bring you 

before him and tell you you had an attorney, that he had 
appointed an attorney to represent you?

A. I don’t remember. He said something down there, I 
don’t remember that time, because I  tell you why I didn’t 
remember because my head was worrying me, and I don’t



109

remember; he was saying something, I don’t remember 
exactly what he said.

Q. The only way you knew you had an attorney was by 
what the attorney told you!

A. Yes, sir, th a t’s the only way I  know him, just before I 
went down in the court room, he came outside my cell, I 
started to tell him I hadn’t done anything, he could see 
himself.
[fol. 119] Q. Did you have any wounds on you at the time 
you were talking to the lawyer ?

A. Yes, sir.
Q. Where were they?
A. Right here and back here, and right around there. 

(Indicating.)

By Mr. Salisbury:
Q. Where did you get those wounds ?
A. I got them from Captain Williams.
(Witness excused.)
Thereupon Court adjourned to 9 o’clock A. M. Tuesday, 

October 13,1936.

[fol. 120] Morning Session

Tuesday, October 13, 1936, 9 o’clock.
C h a r l ie  D a v is , the witness on the stand at adjournment 

was recalled, and testified on behalf of petitioners as fol­
lows :

Redirect examination.

By Mr. Catts:
Q. Yesterday you testified that you testified down in 

Broward County at the trial of Izell Chambers; was that 
the same date on which you finally entered a plea of guilty 
in Broward County?

A. Yes, sir.
Q. You also told the court and jury yesterday that -when 

you were brought back to the cell that Saturday night some­
body said to you it was the fourth time you had been out; 
where were you kept at, in the bull pen?



110

A. I  was kept in the bull pen.
Q. How many other persons were in the bull pen?
A. There were around twenty.
Q. Was it one of these other boys in the bull pen that 

said that to you ?
A. Yes, sir.
Q. Did you wake him up at any time?
A. He was already woke by the sound of the door he said. 

I  don’t know who he was, I  didn’t see him.
Q. Did you sleep any that night yourself?
A. No, sir.
Q. Around this bull pen are separate cells where you 

sleep?
A. Yes, sir, there is four bunks in each cell.
Q. Then the outside door of the cells open- up into what 

you call the bull pen, a big open space there?
A. Yes, sir.
Q. Did you know any of these other three defendants sit­

ting here before you were brought into Broward County 
jail?

A. No, sir.
Q. Did you ever seen any of them before?
A. No, sir; if I  see them I  didn’t know them.
Q. The first time you saw them was in jail?
A. Yes, sir.
(Witness excused.)

[fol. 121] I z e l l  C h a m b e r s , being first duly sworn by the 
Clerk, testified on behalf of the petitioners as follows:

Direct examination.

By Mr. C atts:
Q. Your name is Izell Chambers? ,
A. Yes, sir.
Q. You are one of the petitioners in this case?
A. Yes, sir.
Q. Where were you living during the month of May, 

1933?
A. I was in Pompano.
Q. How long had you lived in Pompano?
A. I  lived in Pompano around five months.



I l l

Q. Who were yon living with at that time?
A. I  was living with Walter Woodward.
Q. At his house there in Pompano?
A. Yes, sir.
Q. You remember when you were first arrested in con­

nection with this case ?
A. Yes, sir.
Q. Where were you arrested and about what time of night?
A. It was about eleven o’clock on the 14th night of May 

in 1933, when I was arrested in Mr. Blount’s quarters.
Q. At Walter Woodward’s house ?
A. Yes, sir.
Q. What were you doing when they came there and ar­

rested you ?
A. When they came there and arrested me we was all 

asleep, and I think I was about the last one that was 
awakened out of bed that night.

Q. Tell the jury everything that happened to you after 
the time you were arrested, and after you got to Broward 
County jail?

A. Gentlemen of the jury, it was on the 14th night of May, 
1933, I was awakened out of my bed about eleven o’clock, 
me Walter Woodward, Claudie Mack and Jack Williamson; 
we was arrested by Sheriff Walter Clark and Mr. B-. R. Hel­
ton and Mr. Bob Clark, and there was some more that I  can’t 
recall now. However, when I was awakened they told us to 
get up and put on our clothes, so I  was almost frightened 
because Mr. Blount had sent word down to the quarters 
that Sunday night to tell everybody not to go out of the 
quarters because tomorrow some said they was going to 
[fol. 122] kill so many negroes of the town until they would 
have to lay them out in a truck load. So that night we all 
went to bed; so when they walked in to arrest us, I  asked 
them for what—I was trying to figure then that was the 
mob done come to get us, and they said you find out what if 
we messed around here very long. So after we got on our 
clothes they told us to run for fear the mob may overtake 
us before we got to the County jail of Broward County. 
So after we get to jail they separate me from the other three 
boys.

Q- On the way to the car what else happened, if anything?
_A. Just after they told us -to run, I think if I make no 

mistake, one of the boys while running lost one of his shoes 
between there and the car.



112

Q. Did you pick up anybody else?
A. This Frank Manuel, be was tlie cause of me being 

mostly in this trouble today, be was chained to an old car 
body out there, not more than 15 or 30 yards from the house 
where we was arrested at.

Q. Did they unchain him at that time?
A. Yes, sir, they carried him to jail with us. So after I 

got to the jail they separate me from these other three 
boys. Chief Maddox and Mr. Virgil W right they take me 
up on the fourth floor of the jail to a room, where they 
beat me throughout the week. They began beating me there 
and I asked what they were beating me for.

Q. Was this Sunday night?
A. On Sunday night, May 14th.
Q. As soon as you got in the jail they took you up on 

the fourth floor?
A. Yes, sir.
Q. Is that the same room that had the bed in it?
A. The same room that had the bed and radio in it, yes, sir.
Q. Who took you up there, Mr. Virgil Wright?
A. Mr. Virgil Wright and Chief Maddox, the Chief at 

that time.
Q. Was anybody else there at the time?
A. Nobody but just those two only; so they begun beating 

m e; I  asked them what was they beating me fo r ; well they 
told, says “ wasn’t you with these negroes that killed this 
man up there in Pompano” ? I  told them no I  wasn’t even 
with anybody that killed anybody. I didn’t even know the 
[fol. 123] man was killed until late that Sunday night, didn’t 
even know the man, had never seed him. So they continued 
to beat me there for quite a bit, until they thought of this 
lady who was serving time in the jail, she being not more 
than five or six feet from the place where they was beating 
me at and they temporary ceased thinking the woman had 
heard the indecent words they was using while they was 
beating me, so they stopped beating me for quite a while 
and put me in a cell with another boy by the name or 
Carmele Rone.

Q. On what floor?
A. In the same floor they was beating me on.
Q. That wasn’t the room where the bull pen was ?
A. No, it was a private cell, they put me in with him ; so 

that Monday morning which was the 15th of May, they took 
me down in the sheriff’s office, I  suppose, the first and the



113

last time without beating me and they kept me for quite a 
bit; they didn’t beat me that Monday morning.

Q. They ask you questions?
A. They only questioned me that Monday morning.
Q. Who was there?
A. Mr. Sheriff Walter Clark and some more men, I  can’t 

recall who it was. I  remember I was in there and they ques­
tioned me, and so they took this Mack Little, Frank Manuel 
and Charlie Davis and took them down to the office; and 
they asked me wasn’t I  with them the night the man was 
killed. I told them no, I  didn’t know anything about his 
death until late Sunday. So they took me back in my cell, 
and that was Monday night. Well about a little after dusk 
dark, I suppose, they come up to my cell and took me out and 
they started on the way to Miami with us, they claimed that 
a mob of fifty cars filled with men was waiting to take our 
lives. I told them I  hadn’t did anything for the mob to 
take my life, and I didn’t believe the mob would want to 
take the life of an innocent man. Instead of them taking 
us down the elevator they took us down the stairway steps 
that leads to the back of the jail.
[fol. 124] Q. And took you all the way down the fire escape ?

A. Yes, sir. So we goes down and gets in the car. While 
we was on the way, Captain Williams, the man that did the 
most of the beating from Tuesday until Sunday morning, 
which was the 21st of May—so while we was on the way to 
Miami he says to the sheriff Walter Clark, he says “ well 
you know we are saving the county two thousand or more 
dollars; of course if it wasn’t for us the mob would lynch 
these five niggers. ’ ’

Q. Who said that?
A. Captain J. T. Williams. He said in fact they deserve 

lynching, and I told him I hadn’t did anything to be lynched 
for, while we was in the automobile.

Q. Who else was in the car ?
A. Frank Manuel, Jack Williamson, Willie Henderson, 

and I, there was five in the car, they were taking us to 
Miami for safe keeping that night.

Q. What officers were in the car?
A. Sheriff Walter Clark and Captain J. T. Williams was 

the only two officers in the car. So they took us on to 
Miami that night which was the 15th of May, 1933.

Q. Anybody stop you on the way to Miami ?
8—195



114

A. Yes, sir, I  think that speed cop stopped us on the way; 
he rode up by the car with us in, and he blowed the siren, 
and Captain J. T. Williams told him he was getting away 
with five negroes from a mob, and he told him to go ahead. 
So we goes into Miami jail; they kept us there that night 
and on the 16th, I  think somewhere along about 12 or 1.30 
they came over and carries us back to Broward County 
jail. After they took us back to Broward County jail they 
resumed beating of us again.

Q. Tell what happened to you?
A. They resumed beating me.
Q. Where were you taken when they first brought you 

back?
A. They took me back to the same cell they took me out of 

on Monday night.
[fol. 125] Q. Put anybody in there with you ?

A. No, sir, I was in there alone that time, on the fourth 
floor. Then they took me out and began beating me again.

Q. Tell the Court and jury who all got you and who bear 
you?

A. It was Captain J. T. Williams.
Q. Who come and got you?
A. Mr. Marshall the jailer come and got me from the cell 

every time I was taken out, and so they come and got me 
again and began to beat me right on.

Q. Where did they take you ?
A. They took me into the room where they had this little 

cot; there wasn’t any one staying there at that time, it was 
said to be Mr. Marshall’s quarters, but he wasn’t staying 
there the time in that room they was beating us. And they 
began to beat me, try  to make me untruthfully say I knew 
something about the death of this man, when I said I was 
innocent of it. And so during that evening some one, I think 
it was Carnel Rone—not Carnel, but it was another one of 
the Rone boys, told me that Prank Manuel and Mack Little 
had made a confession to taking the life of this map that 
I am accused of and being tried for today, and he said that 
Prank Manuel and Mack Little involved me in the case, 
and I told him I didn’t know this Mack Little and Prank 
Manuel hadn’t even seen me after that Sunday night they 
put me in prison. So on Wednesday morning, which was 
May 17, it came out in the paper that Frank Manuel and 
Mack Little had made a confession of this case.

Q. You see it in the paper?



115

A. Yes, sir, I  read it myself.
Q. In what paper?
A. I  don’t know; I think it was the Lauderdale Morning 

News.
Q. Where did you get the paper from?
A. From some of the boys taking the paper there that 

time. So that Wednesday they take me out and begin to 
beat me again, trying to make me say I  know something 
about the death of this man. And I told Captain J. T. 
Williams and Sheriff Walter Clark, if you will go up to 
Pompano, I  have witnesses there that will tell you where 
I was Saturday night, and he asked me to give the witness 
[fol. 126] name, and I  did so ; and he goes up to Pompano 
to see my witnesses and returns to Broward County jail 
and said we have seen your witnesses and they have told 
the same story you are telling but we are not going to 
accept what they say. We told them they had better let 
you go if they don’t want to be in jail just as you are, or 
be in worser condition. So after they told me that, they 
commenced beating me again, threatening to take my life 
or either turn me over to the mob else, and I told them, 
I says ‘ ‘ Captain J'. T. Williams, I  am innocent of what you 
mens have got me accused for; I  have sent you out to see 
my witnesses and they have told you where I  was Saturday 
night when this crime was committed, but you continue to 
beat me.” Now, gentlemen of the jury, after I  have told 
the sheriff just where I was Saturday night, and these wit­
nesses knew where I was, then they continued to beat me 
throughout every day and every night. I  didn’t even know 
what sleep was, I  had almost forgot what sleep was to a 
man; when I  was in the cell I was in misery from where 
they beat me. I  have a scar on my hand and this one on my 
head, and I have several bruises.

Q. Show the bruises to the jury?
A. This scar came here on me by being hit here by Cap­

tain J. T. Williams, th a t’s where he kicked me down, knocked 
me down on the floor; he kicked for my head but I throwed 
my head to keep him from hitting me in the eye, th a t’s 
the cause of the two on my head today. So every day they 
continued to beat me trying to make me untruthfully say 
I knew something about the case, when I  told them I  had 
witnesses to prove where I  was that night. Every night and 
day until the 21st morning of May I was beaten by Captain 
J. T. Williams.



116

Q. Do you know what happened on the night of the 20th?
A. Yes, sir.
Q. Just when was the first time you was taken out and 

questioned about it ?
A. The first time I was taken out that night I  was taken 

out from the cell where I  was alone, I  was taken out in the 
bull pen.
[fol. 127] Q. When had you been put back in the bull pen?

A. I had been put back in the bull pen, I don’t recall just 
what day it was, he took me back in the bull pen some time 
after Frank Manuel had made a confession in this case. 
So that Saturday night Mr. Marshall he came down in the 
bull pen and gets me about nine o ’clock and he took me up 
on the fourth floor of the jail, the room where they had 
usually beat me throughout the week, took me up there and 
after getting in Captain J. T. Williams and Sheriff Clark, 
says “ ain’t you ready to confess the tru th .” I told them I 
had confessed the truth throughout the week and that I was 
innocent of what they was beaten me up and threatened to 
take my life or either turn me over to the mob. They said 
“ well, you have kept us up all the week and caused us to 
lose our sleep but we are not going to stay up another night 
messing along with you.”

Q. Which one of them told you that?
A. Well Captain J. T. Williams and Sheriff Walter Clark 

told me that I was either going to confess the truth that 
Saturday night, May 20th, or either I  was going* to be killed 
that night, they was going to kill me or turn me over to this 
mob. I  told them I was innocent and it had been proved, 
but they wouldn’t listen to me, and the second time they took 
me and beat me same as they did the first and the third. I 
think if I make no mistake Frank Manuel and Mack Little 
was there the third time I  was taken out that Saturday 
night, they had these two boys out there, and Captain J. T. 
Williams and Sheriff Walter Clark they told these boys to 
tell just how this crime was committed, and so these boys 
commenced to swear untruths on me, and so when. I  would 
go to speak or say anything why Captain AYilliams would 
make me hush, wouldn’t admit me to say anything to these 
boys or contradict anything they said against me. And so 
I  just hushed because I knew good and well, just like they 
had beat me and kept me up throughout the week, they 
would kill me just as they said they was going to do that 
night unless I did make a confession of the case, and to that



117

third time—then they took me back to my cell and kept me 
[fol. 128] there but a very few minutes. On the fourth time 
they take me out and ask me the same thing, was I ready to 
confess and tell the truth. I told them I told the truth, all I 
could tell. So Captain Williams began to beat and kick me 
and knock me about, knock me on my knees and caused my 
knees to bleed, and then he took his revolver from his pocket, 
he said he would rather kill me himself than let the mob 
have me. This man, the tears was rolling from his eyes, 
he said he was going to kill or else do what he said he was 
going to do. I  told him don’t kill me or either turn me 
over to this mob, I  would say what he wanted me to say, 
but I told him at the same time I  was innocent of it, and 
it was against my will to say what he wanted me to say. 
Gentlemen of the jury, if I had been guilty of what Captain 
J. T. Williams and Sheriff Walter Clark and Captain 
Wright, Chief Maddox had me accused of, and beaten me 
up throughout the week, if I had made a free and voluntary 
confession of the case, I  would have made it on the first 
time they beat me, which was on Sunday night, and it shows 
you my confession which I did make was not free and volun­
tary, because they beat me throughout the week and kept 
me up from Monday night until Sunday night, which was 
from the 14th to the 21st, and th a t’s when I  made the con­
fession, or said just what they wanted me to say. I  .have 
never made a confession, I have never signed a confession 
to this. I have never picked up a pen to sign it; all I 
know I  am innocent of it.

Q. About what time of night was it they took you in there 
with Frank Manuel and Mack Little!

A. I  don’t know exactly what time it was but it was get­
ting very late in the night.

Q. Was that the fourth time you were taken out that 
night!

A. That was the third time.
Q. When you finally did say anything was it what Frank 

Manuel and Mack Little had said about you!
[fol. 129] A. I don’t know what he wanted me to say, but he 
wanted me to say I  knew something about the death of this 
man, th a t’s what he wanted me to say.

Q. You say they were making accusations in there against 
you, Frank Manuel and Mack Little!

A. Yes, sir.



118

Q. How long was it after that time before you were finally 
taken hack in there and said you would tell what they 
wanted you to say ?

A. I t  was but a very few minutes.
Q. Was it near daylight or near midnight?
A. Yes, sir, it was daylight, i t  was about 5:30 o’clock 

Avhen I  told them I  would say what they wanted me to say, 
because it was somewhere between 6 and 6:30 o’clock when 
Mr. Lewis F. Maire, the prosecuting attorney, came up there 
to take down what was said.

Q. What did they do with you after that ?
A. After they told me to say what they wanted me to say, 

Captain J. T. Williams just begun to prime me what I  was 
to tell the prosecuting attorney when he come.

Q. Then where did they take you ?
A. Well, after they got through questioning me they 

just kept me there until he come.
Q. Kept you in the same room?
A. In the same room, yes, sir.
Q. Hid anybody else come in that room before Mr. Maire

came?
A. Not that I know. Lot of men was in there before he 

came in.
Q. How about the other four boys ?
A. Yes, sir, they was brought in there.
Q. You were the first one in that room?
A. I  think I was the very first one in there because I 

didn’t go back to my cell on the last time I  was taken out.
Q. Now how long after that was it you were taken in 

court ?
A. That was on the 21st; it was better than three weeks 

before I  was taken down to court.
Q. You mean more than three weeks before you were 

taken down there for trial?
A. Yes, sir.
Q. W eren’t you taken down there for arraignment?
A. Well they took me down there once to plead guilty as 

Captain J. T. Williams told me to do.
[fol. 130] Q. Well how long was that after this Sunday 
morning?

A. I  don’t recall just how long but it wasn’t but a few 
days.

Q. Now when you got down in the court that morning did 
you plead guilty?



119

A. No, sir, I  plead not guilty.
Q. Had you seem Captain Williams any from that time 

on Sunday morning and the time you were taken into court ?
A. He was in the court room.
Q. Had he come to the jail to see you any time?
A. Yes, sir, he come and told me he wanted me to plead 

guilty before the Judge if I  wanted to live.
Q. What did you tell him?
A. I told him I would. I  told him that in order to keep 

him from heating me up. He was killing me.
Q. Now when you got in the court room you did not 

plead guilty?
A. I did not plead guilty, no, sir.
Q. Now when you plead not guilty that day in open court 

were you taken back to your cell after that time ?
A. Yes, sir.
Q. That same day?
A. Yes, sir.
Q. What cell were you put in the jail?
A. In the same cell I  was taken out of.
Q. And they you stayed there for some two or three weeks 

before you were tried?
A. Well I  stayed in that cell I  suppose it was not more 

than five days I  reckon. After I  wouldn’t plead guilty, 
Captain J. T. Williams came back and he took me hack in 
the same room that he had beaten me in, and he asked me 
why didn’t I plead guilty. I  told him I  just didn’t plead 
guilty because I  was innocent of what you men accuse me 
for, and I didn’t want to plead guilty before the Judge. He 
told Mr. Marshall they had better take me away from there 
before he killed me himself. So that same night they took 
me then to Miami jail for safe keeping, and I stayed there 
I think it was two weeks until they brought me back.

Q. They took you from Broward County jail alone ?
A. They took me from Broward County jail alone.
Q. None of the rest of the boys were taken down there 

but you?
A. No one but me.

[fol. 131] Q. Who all was there that Sunday morning?
A. I  dori’t know.
Q. That Sunday morning when they was supposed to take 

the confession?
A. I don’t know, but I  know Sheriff Walter Clark, Chief 

Maddox, R. H. Helton, and a lot of other men,



120

Q. And Captain Williams!
A. Captain Williams, he was there.
Q. Why didn’t you say something to these gentlemen that 

were there that time about 6.30, whenever it was this state­
ment was taken ?

Q. Well it was because Captain J. T. Williams during the 
time he was beating me, he told me if I  didn’t make the con­
fession, say what he wanted me to say, he would shoot me 
and throw me out the window and swear he shot me as I 
jumped to run.

Q. Had you slept any that night!
A. Not that night and I hadn’t slept but a very little bit 

throughout the week. I had almost forgot the use of sleep.
Q. You know whether Frank Manuel or Mack Little were 

ever put on trial in this case!
A. Mack Little he was put on the stand.
Q. Were they ever put on trial!
A. No, they never was on trial. They just confessed but 

they are free today. They have never been on trial.

Cross-examination.

By Mr. Salisbury:
Q. You were arrested at the same time that Walter and 

Jack Williamson were arrested!
A. Yes, sir.
Q. You were living with them!
A. Yes, sir living with Walter Woodard.
Q. You had been knowing them a long time!
A. I  had been knowing Walter for more than three or 

four months.
Q. Who do you say arrested you!
A. Well, Chief Maddox, Sheriff Walter Clark, Mr. Robert 

Clark, Mr. R. H. Helton, I recognized those, and Mr. Dick 
Goodrich, he was there also.

Q. Was Sheriff Walter Clark along that night!
A. Yes, sir, he was along that night.

[fol. 132] Q. Now you say they tolcl you that night there 
was a mob after you!

A. Yes, sir, tha t’s what they told me. I  asked them what 
they wanted me for and they told me if I  messed around 
there long I  would find out.

Q. They didn’t tell you there was any mob after you this 
Sunday morning!



A. I had been threatened about the mob throughout the 
week.

Q. I  believe you testified that Captain Williams of the?/ 
beat you throughout the week?

A. Yes, sir, Captain J. T. Williams.
Q. Was he the one that beat you every time?
A. Every time I was beat except Sunday night, when 

Chief Maddox and Mr. Virgil Wright beat me.
Q. Was that the Sunday night you were arrested?
A. Yes, sir.
Q. All the balance of the week you were in the Broward 

County jail Captain Williams beat you?
A. In the presence of Sheriff Walter Clark.
Q. Was that all night long?
A. Well he beat me a good bit every night and day.
Q. You say Virgil Wright beat you on that Monday?
A. No, sir, on Sunday night.
Q. On the Sunday night you were arrested ?
A. Yes, sir.
Q. And Captain Williams was the one that beat you the 

balance of the week?
A. Yes, sir.
Q. How many times did Captain Williams take you out 

of your cell on Saturday night and Sunday morning before 
you made your confession?

A. I was taken out four times.
Q. How long did he keep you out at a time?
A. I  don’t know exactly how long.
Q. How long would you guess?
A. I  don’t have no guess because I didn’t have any time­

piece, but I only know he kept me out but a very short while.
Q. A very short while?
A. Yes sir.
Q. Didn’t beat you long at a time?
A. Not long at a time because if they had beat me long 

at a time they couldn’t have kept on.
[fol. 133] Q. You remember testifying two previous times 
in this case, once when you were placed on trial on June 12, 
1933, in Broward County, you remember testifying?

A. Yes, sir, I remember testifying.
Q. You remember testifying at the same place in Broward 

County February 21, 1935 ?
A. Yes, sir.

121



122

Q. You remember your testimony you gave in both of 
those cases?

A. Yes, sir, I  remember well.
Q. I will ask you if you recall when you were tried in 

Broward County on June 12, 1933, when Mr. Maire asked 
you the following questions and the following answeres 
were given: “ And these officers questioned you all week 
long and you denied it at first? (A.) I  denied about what 
the man told me to do, yes, sir. (Q.) And when the rest of 
the boys went up there and admitted it why you had to do 
it? (A.) The people didn’t know exactly how it was until 
I  come down and told it myself. (Q.) If you wanted to deny 
it why did you wait all week before you told the truth about 
it? (A.) I was off one day and I  didn’t tell it because 
Walter told me if I  told it he would kill me.” You remem­
ber those questions ?

A. No, sir I  don’t remember that.

Mr. C atts: I  want to object to this. Counsel for the State 
is asking questions that were propounded to this witness 
on the trial of this case when he was on trial under indict­
ment in the case, where the issues raised were different than 
what are now raised before this jury.

The Court: Objection overruled.

Q. Now, Izell, you say that Captain Williams took you 
out four times, you remember distinctly, on Saturday night 
before you made the confession?

A. He didn’t take me out, Mr. Marshall the jailer took 
me out.

Q. Captain Williams was the one that beat you ?
A. Yes, sir.
Q. He was the one that beat you every time?
A. Every time I was taken out, with the exception of 

Monday the 15th of May.
[fol. 134] Q. That was the beginning of this week of beat­
ings?

A. Yes, sir. *
Q. Any of these other boys sitting here with you at the 

time Captain Williams would take you out ?
A. No, sir, when I was taken out I was alone, with the 

exception of the fourth time I  was carried out and told them 
I  would say what they wanted me to say. So then they 
bring the three boys in.



123

Q. Yon say you were only taken out for a little time Sat­
urday night before you made the confession Sunday, for 
a short period of time?

A. Yes, sir, I  was taken out a short period of time until 
that Saturday night, could have been ten or fifteen minutes, 
I don’t know how long I stayed out.

Q. Could it have been an hour?
A. No, sir, I  don’t believe it could have been an hour.
Q. You remember testifying in this case February 21, 

1935, in Broward County?
A. Yes, sir.
Q. I  will ask you if you remember this question, I will 

ask you if you recall these questions being asked by Mr. 
Maire and giving the following answers: “ When did you 
first see Captain Williams that week? (A.) He was here 
the whole week. Every time I was carried out he was there. 
(Q.) Well was that at night? (A.) Night and day. (Q.) 
Captain Williams carried you out at night? (A.) Yes, he 
was there; every time I  was carried out he was there. (Q.) 
Now getting back to Saturday night, May 20, 1933, what 
time of night did you see Captain Williams? (A.) All 
nightlong. (Q.) Well, what time the first part of the night? 
(A.) F irst part of the night, yes, sir, from Saturday night 
until Sunday morning. (Q.) Well you don’t mean now you 
saw him—he wasn’t with you all the time? (A.) All night 
long, yes, s ir.” You remember those questions and giving 
the following answers ?

A. Yes, sir.
Q. Is that true or untrue?
A. Captain J . T. Williams was with me throughout the 

week, with the exception of Monday night.
Q. I am asking about this Saturday night?
A. That Saturday night he was there all night long.

[fol. 135] Q. What do you mean by telling the jury when 
he took you out on the fourth time it was fifteen minutes— 
could it have been all night?

A. No, sir I couldn’t have been out there all night.
Q. Then this testimony that I have just read and the 

answers you gave, is that true or untrue ?
A. He was there with me throughout the night.
Q. Now you want to say he was with you throughout the 

night?
A. He was, and th a t’s what I have been testifying to in 

every trial, and it is true.



124

Q. You don’t mean to tell this jury now that Captain Wil­
liams on this Saturday night that you testified to on Febru­
ary 21, 1935, that Captain Williams only took you out four 
times for ten or fifteen minutes at a time-----

A. He didn’t take me out; Mr. Marshall took me out. He 
beat me four times during the night.

Q. Did he beat you all night long?
A. He beat me each time I was called out.
Q. And fifteen minutes at a time, all night long?
A. He beat me each time I  was carried out with the ex­

ception of the time he was questioning me, when he was 
trying to make me say I knew about the crime.

Q. I will ask you if you recall this question being asked 
you: “ You mean that—well, did you see him at ten o’clock 
that night? (A.) Ten o’clock that night. (Q.) See him at 
11 o’clock? (A.) Yes, sir, I seen him then. The only time 
I  didn’t see Captain Williams that night is when they car­
ried me back to the cell to bring some of the other boys 
out.’’ You remember that?

A. That’s righ t; I couldn’t see him when I  was in the cell, 
because he stay- in the room during the time.

Q. But you did see him when he had you all night long 
Saturday night?

A. Every time he would bring me out in this room I saw 
Captain Williams.

Q. I  will ask you if at the same time and place, February 
21, 1935, you recall the following questions asked you and 
giving the following answers: “ Well Judge Tedder asked 
[fol. 136] you when he went to sentence you if you had made 
these confessions freely and voluntarily? (A.) Well, if he 
did I don’t remember. (Q.) Oh yes; he asked you didn’t he 
that he wanted to know if anybody had bothered you or
forced you-----  (A.) The prosecuting attorney, he asked
me that morning. (Q.) And you told him, no? (A.) Yes, 
sir.’’ You remember those questions and giving those 
answers ?

A. I  told the Judge I had been beat. «
Q. I am asking you if you remember the questions being 

asked you?
A. I don’t remember the Judge asking me had I  been 

beat or made a free and voluntary confession.
Q. You remember the prosecuting attorney asked you 

that morning and you said no, you had not been beaten?



125

A. I remember the prosecuting attorney questioning me 
but I don’t recall just what lie said.

Q. And you can’t recall just what you answered?
A. No, sir, because what I said—Captain Williams he 

said that, because they was going to kill me, so I forgot what 
he told me to say.

Q. You recall every single thing Captain Williams told 
you, don’t you ?

A. No, sir, I  don’t, because what he told me to say it was 
untrue and I  can’t remember.

Q. You remember enough though to get up in this court 
room and recite what Captain Williams had told you to say 
and what was taken down here in your confession?

A. No, sir, during the time the prosecuting attorney was 
there, Mr. Maire was questioning me that morning, I would 
forget what Captain Williams had told me to say, then he 
would tell the prosecuting attorney just what to say, as if 
it was me talking to him, and the prosecuting attorney told 
Mr. Williams “ will you please stop interrupting me until 
I get through questioning him. ’’

Q. Do you mean to tell this jury that Mr. Maire, the State 
Attorney, let Mr. Williams tell him what to put down in the 
confession?

A. He did until Mr. Maire interrupted.
[fol. 137] Q. You recall when you were taken before Mr. 
Maire he asked you this on May 21st: “ Your name is Izell 
Chambers? (A.) Yes, sir. (Q.) Do you want to tell about 
the case involving the holdup of Mr. Darcey at Pompano on 
Saturday May 13th 1933? (A.) Yes, sir. (Q.) What you
are going to say you are going to say it because you want 
to say it and not because anybody had beat you or abused 
or hurt you or anything? (A.) No, sir, they haven’t. (Q.) 
In order to get you to make a statement has anybody 
promised you anything, any reward or favor? (A.) No, 
sir. (Q.) Nobody has mistreated you, beaten you or abused 
you in order to induee you to make a statement? (A.) No, 
sir. (Q.) And whatever statement you make you are mak­
ing it of your own free will and accord, voluntarily and of 
your own free will? (A.) Yes, sir.”  You remember Mr. 
Maire, sitting here, asked you those questions and you giving 
those answers to Mr. Maire?

A. He asked me a lot of questions, and th a t’s the first 
time I ever been in a court house or jail; I  don’t remember 
now what he said. I know he questioned me.



126

Q. You don’t remember what you answered?
A. No, sir, I  don’t remember.
Q. Did Captain Williams tell you to tell Mr. Maire that 

people hadn’t beat you?
A. Yes, sir, he told me to tell them just what he wanted 

me to say.
Q. You are sure that Captain Williams told you to say 

that ?
A. Yes, sir.
Q. What else did he tell you to say?
A. I don’t know, but he just told me to tell Mr. Maire just 

what he wanted me to say.
Q. And did he relate to you what he wanted you to say?
A. He had primed me what to tell Mr. Maire before he 

came in.
Q. Did he tell you to tell Mr. Maire you had helped hold 

up Mr. Darcey?
A. I don’t think he told me that, but he told me-----
Mr. Catts: Object.

[fol. 138] Q. Did he tell you to tell Mr. Maire that he hadn’t 
beaten you?

A. He told me I better not tell Mr. Maire he had beat me, 
or either the jury, if I  did I  wouldn’t  live.

Q. When did he tell you that?
A. He told me the same time he was telling me what to tell 

Mr. Maire.
Q. That was when?
A. On the 21st morning of May, 1933.
Q. Was that the first time?
A. No, sir, he told me I had better not tell it throughout 

the night when he was telling me what to say, if I told I was 
either beat or forced to say anything they would kill me or 
turn me over to the hands of the mob.

Q. This you say was Saturday night?
A. Yes, sir, it was on the 21st morning of May, which was 

on Sunday morning.
Q. Do you recall the date that you made this confession 

before Mr. Maire?
A. Yes, sir.
Q. What date was it?
A. On the 21st morning of May.
Q. You remember that?
A. Yes, sir.



127

Q. You remember the date that you were tried before the 
jury down before Judge Tedder in Broward County?

A. I remember when I went on the stand.
Q. Before a jury?
A. Yes, sir.
Q. Looked just like this jury, twelve men?
A. There was twelve men, yes, sir.
Q. You remember that date?
A. Yes, sir.
Q. That was when?
A. I t was on the 12th of June, 1933.
Q. Did Captain Williams or the Sheriff or anybody else 

beat you at any time from the time you made your confession 
in May up to June 12, 1933?

A. Well from the time that I  had made the confession 
until the 12th of June they keep me in Miami jail until that 
date, and during the time I  was down there in Miami jail 
Sheriff Walter Clark and Mr. Virgil Wright came down 
there to see me. While being there they told me I  better 
not get up on the stand on the 12th of June and say I  was 
beat and forced to say what I  did say, if I  did I  wouldn’t 
live to get out of the Court house, they would kill me. Also 
[fol. 139] Captain Williams he came down to Miami and 
visited me down there, and he told me the same thing 
that Captain Wright and Sheriff Clark told me.

Q. You mean th a t’s why you didn’t say anything on the 
12th of June when you were tried?

A. Yes, sir, because they said they would kill me, and 
that’s just what they said.

Q. As I  understand, you are telling the jury the reason 
that you let that period of time elapse from the 21st of May 
until the 12th of June ; I believe you said you were in Miami 
jail?

A. Yes, sir.
Q. And the reason you still didn’t tell Judge Tedder, you 

still didn’t tell your attorney and you still didn’t tell the 
jury, was because Sheriff Clark, Captain Williams and 
somebody else came down to Miami and told you if you did 
you wouldn’t get out of the court house alive in Broward 
County?

A. I  told this man what they said that was appointed by 
the court to represent me, I told him that I  had not been 
treated right, I  had been forced to say what I  said, and on 
my last trial in February this lawyer got up on the stand



128

and said I didn’t tell him anything, Mr. Griffis I  believe is 
his name. He denied I had told him anything. The only 
thing this man told me, he told me to get up there, to just 
get up before the Judge and tell the Judge I  was guilty, he 
tried to get me to plead guilty to aiding and abetting, and 
I  told him I didn’t want to ; and he told me to get up and 
plead guilty to being accessory to the fact, and I  told him 
I didn’t know what that was, and why would I  plead guilty. 
I  think he was a very poor lawyer.

Q. Well did you as a matter of fact attempt to tell the 
Judge, or attempt to tell the jury at your trial on June fol­
lowing the time you made the confession, that anybody beat 
you or laid a hand on you?

A. Did I attempt to tell him ?
Q. Yes. Or, on the contrary, didn’t you say they hadn’t?
A. Well, th a t’s why I  say I didn’t have a trial because if 

I  have a trial I would have free privilege to tell what hap­
pened to me throughout the week.
[fol. 140] Q. Didn’t you get on the stand and testify when 
you were tried in June, after the following May that you 
made the confession?

A. Beg your pardon?
Q. Were you permitted to testify on the stand; you testi­

fied before the Judge?
A. Yes, sir, I  was permitted to get on the stand.
Q. When you got on the stand did you attempt to say 

you had been beaten when you had given that confession 
before Mr. Maire?

A. No, sir, I did not. They said if I  told it they would 
kill me.

Q. Turn around. Where did you get that scar on the 
back of your neck ?

A. That scar was put on me before I got in prison.
Q. They didn’t do that to you?
A. No, sir.
Q. Let’s see the scar they did?
A. That scar right there.
Q. What did they do that with?
A. I was kicked there.
Q. AVasn’t cut there?
A. No, sir, I wasn’t cut.
Q. That’s from a kick?
A. Yes, sir, from a kick.
Q. AVhat’s that on the back on the back of your neck?



129

A. That’s from a cut.

Mr. Catts : Object to that question.
The Court: Objection overruled.

Q. Now let’s get back to Saturday night before Sunday 
when the confession was made. I  want to find out now how 
many times you were taken ou t; as I  remember it was four ?

A. Yes, sir.
Q. Now can you recall about how long at a time you were 

kept out by Captain Williams these four times on Saturday 
night, before Sunday morning you made the confession1?

A. I  didn’t have a timepiece; I  don’t know just how long.
Q. Well, could you judge how long?
A. I might make a mistake on it.
Q. Was it all night long like you said—you recollect this 

testimony taken in the other case?
A. Yes, sir.
Q. Was it all night long?
A. I  couldn’t have stayed out all night long before being 

[fol. 141] taken back to my cell. I  mean I was carried out 
throughout the night.

Q. That was before you made this confession before Mr. 
Maire?

A. I  was taken out three times before that.
Q. Now when you were taken down in the court room 

when you said you refused to plead guilty; you recall that 
time?

A. When I  was taken down to plead guilty ?
Q. Yes, and you refused to, and you plead not guilty?
A. Yes, sir.
Q. W asn’t Captain Williams in the court room?
A. Yes, sir.
Q. W asn’t Sheriff Clark in the court room?
A. Yes, sir.
Q. You weren’t afraid then?
A. Yes, sir, th a t’s the reason I didn’t even plead guilty, 

I didn’t plead guilty because-----
Q. Didn’t you just tell this jury they would do all these 

things to you if you didn’t plead guilty?
A. Yes, sir.
Q. But nevertheless you plead not guilty?
A. I plead not guilty.

9—195



130

Q. Now why was that; did you lose your fear of Captain 
Williams?

A. No, sir, I  still had the same fear, will always have that 
fear.

Q. Then why did you change your mind and plead not 
guilty?

A. The reason was because they was not beating me at 
that time, but they did say they would kill me if I  didn’t 
plead guilty before the Judge.

Q. Didn’t you just tell the jury before you went down to 
the court room Captain Williams came up to your cell and 
made these threats, and told you to stick to your story of 
being guilty?

A. Yes, sir, he did, but I  did not.
Q. You had lost your fear of Captain Williams?
A. No, sir, I  still had the fear and will always have it.
Q. I will ask you if you remember on the last trial of this 

case in February, 1935, the following questions being asked 
you and the following answers being given: “ Was Captain 
Williams in the court room that morning when you were 
[fol. 142] tried? (A.) Yes, sir, he was in the court room 
when I was tried. (Q.) Where was he sitting? (A.) I  disre- 
member where he was sitting at. (Q.) Was he sitting on the 
bench or among the officers? (A.) He was on the seat when 
they called him to the stand; I remember seeing him on the 
stand. (Q.) Did you know he was in the court room when 
you were being tried? (A.) No, sir, I  didn’t know it until 
he came up on the stand. (Q.) Well you knew it then, didn’t 
you? (A.) Yes, sir, I  knew it then, but I  had already been 
called upon the stand and went down.”  You had already 
testified by the time you saw Captain Williams in the Court 
room?

A. The day I was tried they had put me in a padded cell, 
and Captain Williams came up there right in front of the 
cell that morning and told me not to forget what he had 
told me to say on the stand. I  had seen him before I  was 
taken down to court that day.

Q. Now I want to get back again to Saturday night and 
see if I  can refresh your memory about how long a time you 
were out with Captain Williams. I  ask you if you remember 
the last time you testified on the trial of this case in Feb­
ruary of last year in Broward County: “ What time did you 
say they first took you out of your cell? (A.) I  was out all 
night. (Q.) Didn’t you tell your counsel that they had you



131

out at 10 o ’clock? (A.) I was out at that time, yes sir. (Q.) 
Do you think they had you out as early as 9 o’clock? (A.) 
Nine o ’clock that Saturday night? (Q.) Yes. (A.) Nine 
o’clock that Saturday night I was out.”

Mr. C atts: Object to the repetition. He has already asked 
that.

The Court: Objection overruled.
W itness: Yes, sir, I  told him I  was taken out about nine 

o’clock that night, and I  told it in every statement I  made 
on the stand.

Q. Were you also taken out at ten o ’clock?
A. I  was taken out throughout the night.
Q. Were you taken out at eleven o’clock?
A. I  was taken out throughout the night.
Q. Were you taken out at twelve o’clock?
A. I  was taken out throughout the night, four times dur­

ing that time.
Q. You know Mack Little?
A. Yes, sir.

[fol. 143] Q. And Frank Manuel?
A. Yes, sir.
Q. You ever had any trouble with these two boys?
A. Never had any trouble with them in my life. I  only 

saw Mack Little when I  saw him in jail.
Q. You have known him since then?
A. No, sir, I  don’t know him now, I  only just have seen 

him a good bit of times.
Q. You know him by sight?
A. Yes, sir, by sight.
(Witness excused.)
Recess five minutes.

C harles H. G ordon, being first duly sworn by the Clerk, 
testified on behalf of the petitioners as follows:

Direct examination.

By Mr. C atts:
Q. Your name is Charles H. Gordon?
A. Yes, sir.



132

Q. What official position, if any, do you hold in Broward 
County, Florida?

A. Deputy Clerk in the Clerk’s office. I handle all the 
legal work, criminal jury trials, etc.

Q. How long have you been Deputy Clerk in Broward 
County ?

A. Eleven years.
Q. Do you know one Captain J. T. Williams, a former 

convict guard that testified in these cases down in Broward 
County, by sight?

A. I  know a man by that name, that I  understood to be 
J. T. Williams, a convict foreman, or foreman of a convict 
camp, something like that.

Q. He testified in these particular cases?
A. I can’t recall, we have been in so many of these trials 

that I  don’t remember, but I  think perhaps he was in the 
first one, while I am not sure.

Q. Will you please describe to this jury the appearance 
of that man, as well as you remember, and what size man, 
his appearance in general, and anything else that you know 
of his looks?

A. Well, I  didn’t pay much attention to him, but he 
seemed to be a man perhaps forty or forty-five years old— 
of course th a t’s guess work—a reasonably large fellow, well 
[fol. 144] proportioned, and I suppose would weigh 200 or 
225 pounds. He represented or appeared like he was or 
had a field position in charge of a convict crew, and also 
I  think he had a couple of blood hounds that he sold later 
to the County.

Q. Did he take the blood hounds with him?
A. No, I think Broward County bought them at the time. 

I don’t recall.
Q. Just what do you mean he appeared to have a field 

job of a convict camp, just explain that to the jury?
A. Well I  understood he was foreman and had been with 

the State road department perhaps several years, and had 
been located up in this County, perhaps west of Boynton 
or Delray, and he looked like he would be well suited for 
such a position.

Q. You mean by that he was a man of temper or harsh-----

Mr. Salisbury: Object on the ground it calls for the con­
clusion of the witness, and has nothing to do with the issues 
involved in this hearing.



133

Q. Just explain to the jury from anything you know or 
that you saw of him, the type of man he was, Mr. Gordon ?

Mr. Salisbury: Same objection.
The Court: Has any effort been made to subpoena him ? 
Mr. Salisbury: He has been subpoenaed by both sides. 
The Court: He is not here.
Mr. Salisbury: We have been unable to locate him any­

where.
The Court: Objection sustained.
Mr. Salisbury: No questions.
(Witness excused.)
Petitioners rest.

[fob 145] E lbert B. Gr if e is , being first duly sworn by the 
Clerk, testified on behalf of the State as follows:

Direct examination.

By Mr. M aire:
Q. Will you please state your name?
A. Elbert B. Griffis.
Q. Where do you live ?
A. Port Lauderdale, Florida.
Q. What is your occupation or profession?
A. Attorney at law.
Q. How long have you been an attorney at law?
A. About eleven years I have been practicing.
Q. How long have you veen practicing in Fort Lauder­

dale?
A. Eleven years.
Q. Do you remember representing any of the petitioners 

in this case at the original trial?
A. Yes, sir.
Q. Who?
A. I  represented Izell Chambers and Charlie Davis.
Q. Prior to the time they were arraigned did you as such 

attorney have any consultation with your clients?
A. I  did.
Q. You remember how many times?
A. Twice.
Q. Who was present when you talked to them?



134

A, At the first conference there was no one present that 
was close enough that they could hear what we were talking 
of but myself and the particular defendant that I  was talk­
ing to ; I  talked to them separately.

Q. Was Captain Williams present where he could hear 
what was said?

A. No one could hear what was said.
Q. Except you and your client ?
A. Except me and the client.
Q. Did you discuss the case with them?
A. I did.
Q. Was anything said at that time about a confession?

Mr. C atts: Object to that on the ground that any com­
munication between this, attorney and any client is a privi­
leged communication. The second ground that we want to 
raise and get it in the record some place—counsel has not 
asked the question yet, but I think it is the proper time 
to do it—there is nothing of record in the case to show this 
attorney was ever appoin-ed by any court to represent the 
[fol. 146] petitioners, nothing in this record any place to 
show this attorney was ever appointed by any court to rep­
resent these petitioners.

The Court: Have not each of these petitioners already 
testified as to their conversation with Mr. Griffis and Mr. 
Mather ?

Mr. Catts • For the purpose of the record only, we would 
like at this time to have the fact established in this case 
before this jury, that the record does disclose—the Court 
has the record before him—that there has never been an 
order which the statute requires to be entered by the Court, 
appointing a lawyer to represent either of these defendants 
in the capital case in which they were before the court.

The Court: Regardless of the fact that he did act as 
counsel for the defendants; not that he didn’t act as counsel, 
but he wasn’t appointed by the court?

Mr. Catts: Yes, sir, he wasn’t appointed by the court.
The Court: Objection overruled.^ You may proceed.

(Question repeated.)

A. Yes.
Q. State what one and who you were talking to?
A. Well, I  talked to each one of the defendants separately, 

and I  made the statement to each of them that I  understood



135

that the State claimed to have confessions from each one 
of them.

Q. Did they make any statement then?
A. Well, I  stated to them, each one of them that if those 

confessions had been forced by any threats, they had been 
beaten or they had been promised anything, that I wanted 
to know it at that time. Shall I  state what they said, if 
your Honor please?

The Court: If there is no objection.
Mr. C atts: We object on the ground he has never been 

appointed by the court to represent them, and on the ground 
it is privileged.

The Court: Objection overruled.
[fol. 147] W itness: Each one of them stated to me they 
had not been promised anything, neither had they been 
forced or threatened or in any way coerced or compelled 
to make a confession.

Q. Did you talk with them at any subsequent time, that 
is, before they were taken to court room to be arraigned— 
just a moment, did you tell them what your connection with 
the case was?

A. Yes, sir, I told each one of them that the court had 
appointed me to represent them, and I also asked them if 
they had other counsel, or intended to get other counsel; 
that was before they were taken to the court room to be 
arraigned. After they were taken into the court room there 
was something said about some of them wanted to plead 
guilty, and at that time, with the permission of the court, 
we took them, Mr. Mather, who represented the other two 
defendants, and myself, we took them into a room adjoin­
ing the court room which they used as a witness room, and 
out of the presence of everybody else, we went into the 
question of the advisability of whether they should enter 
pleas of feuilty or not guilty at that time. I told the two 
I was representing, as near as I could, what in my opinion 
would be the effect of their plea. I  explained to them as 
near as I could see the advantage or disadvantage perhaps 
of entering the plea of guilty or not guilty. I  explained 
to them also very fully that if any one had promised them 
anything, or threatened them, or in any other way to get 
them to plead guilty, that they must not plead guilty on that 
account. I specially stressed this point, that if any one



136

had told them they would use their influence with the court 
to get him to lighten their sentence or punishment in any 
way that they must not rely—I told them first they could 
not depend on what was told because it would probably be 
by officers who were prosecuting officers of the court, and, 
second, that the Judge would not listen to them, anyway 
they never would be permitted to talk to the Judge. Imme­
diately after that— I  will go back a little bit. I  told them as 
far as pleading guilty or not guilty was concerned that I 
[fol. 148] couldn’t advise them, and after I had told them 
what the effect would be, that it was up to them. I  explained 
to them that that they were each one entitled to a trial by 
jury. Then after this conference we went into the court 
room, at which time pleas of not guilty were entered by both 
of the defendants that I  represented. That, as I  remember, 
was about the 24th or 25th of May; the trial was set for 
about somewhere between the 10th and 15th of June. I 
talked to them afterwards as to whether they had any wit­
nesses, whether any one knew anything about the case, and 
if they wanted to summon any of them; they said they 
didn’t. I  believe Charlie Davis said something about he 
might want to communicate with his father or some relative, 
and I  told him to let me know about that. But each one 
said there were no witnesses and nobody knew anything 
about the case. I  had no information or knowledge of any­
body that could testify to anything of value to the defend­
ants. Then I was over there another time, I  saw Izell 
Chambers and Charlie Davis. Then one day the Sheriff 
came by and said that Charlie Davis wanted me to come 
over and talk to him. The Sheriff said he thought Charlie 
Davis wanted to change his plea. I  went over at that time 
and talked to him again, and I  cautioned him very care­
fully against listening to any promises that anybody might 
have made with reference to getting him to enter the plea 
of guilty, that is, changing the plea which had previously 
been entered. He told me at that time he had definitely 
made up his mind he wanted to change his plea, and give 
as his reason that he thought that the Judge would be 
more lenient than the jury woufid. Well of course you 
understand that the way I  saw it, that having these con­
fessions and also understanding there were no corroborating 
circumstances, that it was a question which I  couldn’t an­
swer, as to whether the Judge would be more lenient than 
the jury, and his judgment on that I thought was as good



137

as mine; I  thought so at the time. Consequently, at the 
time the case was set for trial, and upon his express re­
quest, I  asked the Court to change the plea of not guilty 
[fol. 149] to the plea of guilty. Of course Izell Chambers 
went to trial on that day.

Q. Were they advised of their constitutional rights by 
Judge Tedder at the time they were arraigned?

A. Yes, Judge Tedder advised them of their rights.
Mr. C atts: Object to that.
The Court: Objection sustained.
Q. Did you as their counsel advise them of their consti­

tutional rights before arraigning?
A. I  also stated that and that they had a right to trial 

by jury.
Q. Did you see any signs of fresh scars on the body of 

either of them?
A. No,, sir, I  did not.
Q. At any time?
A. No.

Cross-examination.

By Mr. C atts:

Q. Did you ever have any talk with either of these boys 
that you now represented before the day on which they 
— to be arraigned?

A. No.
Q. What time of day were they actually arraigned?
A. I couldn’t say, but judging from the usual procedure, 

I would say it was some time after eleven o’clock.
The Court: Does the record show that date ?
Mr. C atts: Yes, sir, the record shows the date.
The Court: What was it?
Mr. Maire: May 24, 1933. It doesn’t state the time but 

it was ten o’clock, I  am sure, Wednesday, May 24.
Q. What time on that day did you first talk to either of 

these petitioners, and where?
A. As near as I  can remember, it was about nine o’clock. 

The court usually begins at about 9 :30. As I  remember I 
got there some half hour before the court usually opens in 
order to get a chance to talk to these men. As I recall,



138

Judge Tedder notified me the afternoon before of the fact 
that I  had been appointed.
[fol. 150] Q. State the fact of that notification?

A. Judge Tedder, I don’t know whether he was on his 
way up town or on his way back from up town, back to 
the court house, but he came by the office. At that time my 
office was on Andrews Avenue, second floor up, near the 
river. As I remember I had started up the stairs as Judge 
Tedder came along the sidewalk and called me, and I  believe 
we stopped on the sidewalk there and talked.

Q. And what did Judge Tedder say at that time about 
the case?

A. Judge Tedder told me that he had appointed me to 
defend two of the defendants.

Q. Tell you which two?
A. I  can’t remember, Mr. Catts, but I  have a hazy recol­

lection he said he didn’t remember which ones he had desig­
nated me to represent, but I  could find out from the clerk.

Q. How did you find out which two you were to represent?
A. As I remember, he said I  could find out from the clerk 

of the court, or from somebody, it was the clerk I  believe.
Q. Did you ever ask the clerk who you would represent?
A. As I remember, I inquired the nest morning of Mr. 

Charles Gordon, the deputy clerk, before I went upstairs to 
see these prisoners, and he told me the names of the ones 
I  represented. You understand this has been three or three 
and a half years.

Q. Now, as a matter of fact don’t you know the record 
down there don’t show that you were ever appointed?

A. I  don’t know that.
Q. Have you ever made an examination of the record?
A. No, I  haven’t.
Q. To determine that fact?
A. N o; in fact when you mentioned it this morning was 

the first time I didn’t know the record didn’t show it.
Q. Then on the morning on which they were to be ar­

raigned which one did you talk to first?
A. I  can’t remember, Mr. Catts.

[fol. 151] Q. Mr. Griffis, did you say the first time you 
talked to these boys, did you talk to them alone?

A. I  will tell you where I  talked to them. There is a 
corrider running from the jail into the Circuit Court room. 
These prisoners were brought out of the jail, and were 
brought up to the door of the court room, and then I called



139

each one of these prisoners off by himself, those two I 
represented, to the other end of the corrider, out of the 
hearing of the officers, who had other prisoners in charge 
near the door of the court room.

Q. I believe you testified a few minutes ago that after 
the arraignment day on which both the defendants that you 
represented pleaded not guilty, that word was brought you 
by the sheriff that one of them wished to change his plea?

A. That’s right.
Q. I  will ask you to state to the Court and jury if at that 

same time Captain Williams accompanied Sheriff Clark?
A. I  believe that he did. I  think th a t’s the first time that 

I met Captain Williams, and I  was introduced to him at that 
time. I  didn’t know who the man was and I didn’t know 
what connection he had with the case. He was with Sheriff 
Clark.

Q. Had you from the time these boys were arraigned until 
the day they sent you word, or word was brought to you by 
the Sheriff and Captain Williams they wished to change 
their plea, had you in that interim talked with either of these 
boys?

A. I  don’t believe I had because that was just a few days 
afterwards.

Q. Then of your own knowledge you don’t know of any­
thing that happened to this boy during the interim that 
caused him to want to change his plea?

A. No.
Q. When Izell Chambers was tried did you make an argu­

ment to the jury?
A. I  made a short argument, and about the only argument 

I could make. My argument was based upon-----
Q. I  didn’t ask you that.
A. Pardon me.

Redirect examination.
By Mr. M aire:

Q. I show you at this time a transcript of the proceed- 
[fol. 152] ings and a certified copy of the minutes of the 
Circuit Court, page 469. Will you examine that please, sir?

(Witness examines.)
Q. Does that show who you were appointed to represent?
A. It seems to.



140

Mr. M aire: I  want to offer that in evidence at this time.
The Court: Just stipulate and put it in the record.
Mr. C atts: I stipulate that portion of the record speaks 

the truth of what happened there that morning. I want to 
stipulate the same thing with regard to Mr. Mather. I  would 
like to do this, I would like to stipulate to put the whole of 
the record in this case in. We would have to put the record 
in to show there is absence of any appointing.

Q. After you were told that Charlie Davis wanted to 
change his plea, did you confer with him!

A. Yes, sir, I went over there and talked to him quite a 
while.

Q. Did he make any statement to you at that time as to 
why he wanted to change it ?

A. Nothing except that he thought the Judge would he 
lighter on him than the jury would be.

Q. Did he tell you he was beat or coerced or promised 
anything ?

A. He didn’t state that he had been promised anything to 
get him to change his plea. I went into that very carefully, 
if he had been promised anything.

Recross-examination.

By Mr. Catts:
Q. Mr. Griffis, down there at the last trial of this case that 

was held on the 21st day of February, 1934, at that time did 
you know, when you were testifying before the Court in 
this case, who you had represented by name?

A. As I recall, when the question was first asked—you see 
these names are all together, they were all tried down there 
together, and at that time I was doubtful as to one of their 
names. However, when I  looked the men over I  could pick 
out the face of the man I did represent.
[fol. 153] Q. You didn’t know in your own mind the name 
of the man you had represented in the first degree murder 
charge?

A. If you will remember these men were all together there.
Q. They are still altogether,*aren’t they?
A. Yes, sir. At the time I couldn’t recall the names be­

cause each man, his name was just as important as the other. 
When I  looked at the men I knew who they were I  think.

Q. The question I  asked you, did you know, in the trial of 
the case at that time, the last trial in Broward County, the



141

names of the two men whom you had represented in the first 
degree murder case?

A. Of course I  knew Izell Chambers.
Q. Did you know him by name? Did you tell the court 

the names of the men you had represented?
A. Yes, sir.
Q. And did you do that in this record?
A. Certainly I did, but I was doubtful whether Jack Wil­

liamson or Charlie Davis was the name of the man that I 
represented.

Q. You came to the conclusion at the last trial which par­
ticular one it was by name and by sight ?

A. By looking at them.
Q. And you found his name out at that time before that 

court down there in the last tr ia l; you made up your mind 
definitely as to his name at that time which was some two 
years after the time you had represented him?

A. Yes, sir.
(Witness excused.)

S tipu la tio n

It is stipulated between counsel for the State and the 
petitioners that the certified copy of the transcript of the 
record in the Broward County Circuit Court does not show 
the formal order appointing counsel to represent either of 
these petitioners (the defendants in that court) was ever 
entered by the Circuit Court of Broward County.

[fol. 154] F rank  M a n u el , being first duly sworn by the 
Clerk, testified on behalf of the State as follows:

Direct examination.
By Mr. Salisbury:

Q. State your name.
A. Frank Manuel.
Q. Where do you live ?
A. Pompano.
Q. You remember the time that Mr. Darcey was robbed 

and killed ?
A. Yes, sir.



142

Q. Did the Sheriff’s officers pick yon up at that time!
A. No, sir, they picked me up that Sunday night.
Q. That Sunday night right after Mr. Darcey was killed? 
A. Yes, sir.
Q. Did they confine you in the Broward County jail?
A. Yes, sir.
Q. How long were you in jail?
A. I  was in there thirty two days.
Q. During that period of thirty two days—first let me 

ask you, do you know Mr. Walter Clark, the sheriff?
A. Yes, sir.
Q. Is this Mr. Clark sitting here?
A. Yes, sir.
Q. You know Captain Williams?
A. Yes, sir.
Q. You know Mr. Marshall, the jailer?
A. Yes, sir.
Q. You know who Mr. Bob Clark is?
A. Yes, sir.
Q. During the thirty two days that you were confined 

in jail were you questioned by any of these officers I  have 
just named regarding the death of Mr. Darcey?

A. Yes, sir.
Q. During any time, that thirty two days period when you 

were being questioned, did they question you off and on?
A. Yes, sir, they questioned me.
Q. How long a time would you say they questioned you? 
A. About fifteen minutes.
Q. During any of the time that they questioned you did 

any of these officers I have named, or any other person in 
Broward County jail, beat you or threaten you?

A. No, sir.
Q. Do you know these four defendants sitting over here? 
A. Yes, sir.
Mr. Ziegler: Object to this testimony, it is irrelevant and 

[fol. 155] immaterial to the issues in this case.
The Court: You mean the last question or the one before? 
Mr. Ziegler: The one before.
The Court: Objection sustained. Answer stricken.
Q. You know these four defendants sitting over here? 
A. Yes, sir.
Q. Where did you see them?
A. In the jail house.



143

Q. At the time yon were confined?
A. Yes, sir.
Q. Where were you confined in the jail; where did they 

keep you in the 'jail?
A. Well they kept me in the cell.
Q. Where in relation to these four defendants sitting over 

here?
A. They was in there?
Q. In there with you?
A. Yes, sir.
Q. Did you see them during that whole thirty two days 

you were in jail?
A. Yes, sir.
Q. Did you see them every day?
A. Yes, sir.
Q. At any time, in your presence, did you ever see any 

officer I  have mentioned, or any other officers, or any one 
else in the Broward County jail, beat or threaten any of 
these four boys sitting over there?

A. No, sir.
Q. Did you hear anybody in the jail there, the Sheriff or 

Captain Williams, or anybody else, promise them anything?
A. No, sir.
Q. While you were in the cell there with them?
A. Yes, sir.
Q. Did you ever see any one beat any one of these boys ?
A. No, sir.
Q. Did you ever see any marks on any of their bodies ?
A. No, sir, no more than the same marks that was on him, 

on Jack.
Q. What did you say?
A. I  ain’t seen no marks no more than what was on Jack, 

an old mark.
Q. You mean you noticed these marks in jail?
A. Yes, sir.
Q. You say they were old marks?
A. Yes, sir.
Q. Did he happen to tell you how he got them or when?
A. No, sir, he didn’t tell me.
Q. When did you first notice these marks? When did they 

arrest you?
A. On Sunday night.

[fol. 156] Q. The same time they arrested these boys?
A. Yes, sir.



144

Q. Did you notice these old marks on Jack Williamson at 
that time ?

A. Yes, sir.
Q. Did you ever at any time see any fresh marks or 

bruises on them!
A. No, sir.
Q. At the time when he was confined in the same cell with 

you during that thirty two days tell you that any of the 
officers I have mentioned, or any one else, had beat him ?

A. No, sir.
Q. Tell you they had threatened him?
A. No, sir.
Q. Tell you they had promised him anything?
A. No, sir.

Cross-examination.

By Mr. C atts:
Q. Where were you arrested from?
A. Pompano.
Q. What time of night?
A. About nine o ’clock.
Q. And what was done with you when they first arrested 

you?
A. They take me up there to Pompano jail house.
Q. Who took you up there?
A. Mr. Bob Clark.
Q. And some other officers?
A. And Mr. Maddox.
Q. Anybody else?
A. No, sir.
Q. Just the two officers?
A. Yes, sir.
Q. What house in Pompano were you arrested?
A. I  was home in bed.
Q. Where did you live?
A. I  lived in James Little’s.
Q. You know where Walter Woodard lived?
A. Yes, sir.
Q. How far from where Walter Woodward lived?
A. About half a mile.
Q. Did Walter Woodward live between you and the jail in 

Pompano?
A. Yes, sir.



145

Q. Were you handcuffed?
A. Yes, sir, I was handcuffed.
Q. They handcuffed you when they arrested you?
A. Yes, sir.
Q. On the way to Pompano jail did they stop and pick up 

anybody else?
A. No, sir, not with me.
Q. They took you right to Pompano jail?
A. Yes, sir.
Q. And then what did they next do to you?

[fol. 157] A. They questioned me and took me over.
Q. Who questioned you in Pompano jail?
A. Mr. Maddox.
Q. What did he say to you ?
A. He asked me did I know anything about that.
Q. What did you tell him?
A. I  told him, no, sir.
Q. How many times were you questioned?
Mr. Salisbury: If he wants to open this up, we are agree­

able, but we object on the same grounds he objected.
The Court: You want to go into the treatment of this wit­

ness by the officers ?
Mr. Salisbury: We will agree to that.
Mr. Catts : I am just testing his credibility.

Q. After you were taken out of the jail there at Pompano 
what did they do with you?

A. They didn’t do nothing there only talk with me.
Q. Where did they carry you?
A. They carried me to Lauderdale.
Q. Didn’t you state they went to get Walter?
A. Yes, sir, they went down there and got them.
Q. Where did they get Walter from?
A. Over in Mr. Blount’s quarters.
Q. What did they do with you while they went to get 

Walter?
Mr. Salisbury: Object.
The Court: Objection overruled.
Q. What did they do with you while they went to get 

Walter?
A. Didn’t do nothing with m e; left me in the car.

10—195



146

Q. Who was left there in the car with yon ?
A. Mr. Goodrich.
Q. If Mr. Goodrich comes on the stand and says he hit 

Walter on the foot with a strap, he didn’t do it; he didn’t 
leave the car, he stayed there in the car with yon; is that 
right ?

A. Yes, sir.
Q. When yon were first taken to Broward County Jail 

where did they put yon?
A. They put me in a cell.
Q. What cell?
A. I  don’t know.

[fol. 158] Q. Were you taken on the first floor, second floor, 
third floor or fourth floor?

A. On the first floor.
Q. They put you in a cell in the bull pen?
A. No, sir.
Q. In a cell by yourself?
A. They put all four of us in there together.
Q. In a cell?
A. Yes, sir.
Q. And how long did they leave you in that cell ?
A. All night.
Q. They didn’t take any of you out of that cell that night? 
A. Yes, sir, they questioned us.
Q. Did they take you out of the cell; did they take any 

of these boys out of the cell that night?
A. They took them out and questioned them.
Q. How do you know they questioned them; where did 

they take them?
A. In the room.
Q. Did you hear them when they questioned them?
A. Yes, sir.
Q. How far was the room where they took them to ?
A. We was in the room together.
Q. Well did they take all of them out into the room out 

there?
A. No, sir.
Q. Take them out one at a time ?
A. Two at a time.
Q. Was anybody in the cell besides you and these boys?
A. Yes, sir.
Q. How many people in the cell that night?
A. I don’t know.



147

Q. Did you mean to tell the jury a few minutes ago that 
they kept all these boys here in that same bull pen or in the 
same cell with you for that whole week, for thirty two days? 

A. We was in the cell, we could go in the cell.
Q. That’s what they call the bull pen, isn’t it?
A. I  don’t know nothing about no bull pen.
Q. Tell the jury what kind of a place they had you in; 

have more than one bunch of cells in there ?
A. Yes, sir, there was more than one cell in there.
Q. And in each one of the cells three or four people would 

sleep?
A. Yes, sir.
Q. And they had several of those?
A. Yes, sir.

[fol. 159] Q. T hat’s where they had all of you?
A. Yes, sir.
Q. Did they keep all of you in there for the whole thirty- 

two days you were there?
A. No, we stayed in jail-----
Q. I mean in the cell where you were?
A. No, sir, I  was over in one cell.
Q. Did you see these boys every day?
A. Yes, sir.
Q. Every day?
A. Yes, sir.
Q. All of them?
A. Yes, sir.
Q. What time did you see Izell Chambers on Monday, the 

first Monday after they were put in there ?
A. I  see him Monday morning.
Q. Did they take him out of there that day?
A. Yes, sir, they took him out.
Q. When did they take him out?
A. I  don’t know.
Q. How long did they keep him about ?
A. Fifteen minutes.
\A. And then they brought him back?
A. Yes, sir.
Q. You see him at supper time that night!
A. Yes, sir.
Q. Was Jack Williamson there that night?
A. Yes, sir, he was in there.
Q. Did they take him out that night, that Monday night? 
A. Yes, sir.



148

Q. How long did they keep him out?
A. About fifteen minutes.
Q. And then they brought him back?
A. Yes, sir.
Q. Was he there at breakfast on Tuesday morning?
A. Yes, sir.
Q. Both of them?
A. Yes, sir, all of them.
Q. All four of them there at breakfast on Tuesday 

morning?
A. Yes, sir.
Q. This was Tuesday after you were put in there on Sun­

day night; you know they were there with you ?
A. Yes, sir.
Q. And were there at lunch time on Tuesday?
A. Yes, sir.
Q. As a matter of fact don’t you know two of these boys 

were carried down to Dafe County jail and stayed there 
from Monday evening until Tuesday about one o ’clock, don’t 
you know that of your own knowledge ?

(No answer.)

Redirect examination.
[fol. 160] By Mr. Salisbury:

Q. During the thirty two days that you claim you were in 
jail, during any of the thirty two days when they had you 
in the Broward County jail, and while you were in the cell, 
or in the same cell block with these four boys sitting over 
here, did any of the officers around the jail beat you?

Mr. C atts: Object.
The Court: Objection sustained.
Q. Who else was in that same cell block with you; yon 

remember whether or not James Little was?
A. Yes, sir.
Q. You remember whether Willie Henderson was?
A. Yes, sir.
Q. You remember whether Mack Little was?
A. Yes, sir.
Q. You know Lonnie Jackson?
A. Yes, sir.
Q. Was he in there some time?
A. Yes, sir.



149

Q. You remember Ed Hamilton? 
A. Yes, sir.
Q. And Fritz Douglas?
A. No, sir, I don’t know him.
(Witness excused.)

J ames L it t l e , being first duly sworn by the Clerk, testified 
on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:
Q. What is your name ?
A. James Little.
Q. Do you know Izell Chambers—you know all four of 

these boys sitting there?
A. Yes, sir, just by name.
Q. You know their names. What are their names?
A. Izell Chambers there, next to him Walter Woodward 

and next to Walter is called Jack Williamson, and the other 
they call Charlie Davis.

Q. You remember when Mr. Darcey was killed?
A. Yes, sir.
Q. Were you picked up at that time by the Sheriff’s 

officers ?
A. Yes, sir.
Q. Did they put you in jail?
A. Yes, sir.

[fol. 161] Q. Where did they put you in relation to where 
these four boys were in the jail?

A. Me and Charlie over there was in the same cell.
Q. In the same cell?
A. Yes, sir.
Q. Was that a room cell or did it open out?
A. I t opened out just like going out here.
Q. Where were these other boys kept in jail in relation 

to your cell; could they all go into this bull pen together that 
the cells opened on?

A. Yes, sir, for a few days.
Q. How long were you in jail?
A. Eight days.
Q. And when were you put in jail?



150

A. Put in jail on Sunday night.
Q. Was it the same night these four boys were put in jail?
A. Yes, sir.
Q. You were there then in jail from Sunday for a period 

of eight days, in other words, until the following Monday?
A. Sure.
Q. Until the following Monday?
A. Yes, sir.
Q. During that time did you have frequent opportunity 

to see these four boys sitting over there ?
A. Yes, sir.
Q. Did you at any time see any of the officers, or any one 

else in Broward County jail, beat or threaten any of these 
four boys in your presence?

A. No, sir, not in my presence.
Q. Did you ever see any marks or bruises on any of these 

four boys, did you see any blood on their clothes?
A. No, sir.
Q. During the eight days period?
A. No, sir, I ain’t seen but the one with the scar on him.
Q. And you saw what ?
A ., The scar on Charlie Davis; it was an old scar on the 

back of his head.
Q. He had that scar when he was in jail?
A. Yes, sir.
Q. Did Charlie Davis, during the time you were room­

mates in the cell, and the other boys during the time you 
mingled with them in the courtyard, tell you any of these 
officers or any one had beaten them or threatened them or 
promised the?/ anything?

A. No, sir.

[fol. 162] Cross-examination.

By Mr. C atts:

Q. You say you were arrested on Sunday night?
A. Yes, sir.
Q. At Pompano?
A. Yes, sir.
Q. That’s where you live ?
A. Yes, sir.
Q. You are the father of Mack Little?
A. Yes, sir.



151

Q. Taken to Broward County jail in Fort Lauderdale?
A. I  was taken down Monday.
Q. You were kept in Pompano jail Sunday night ?
A. Yes, sir.
Q. Did you know either of these boys here by sight before 

you were arrested?
A. No, sir.
Q. The first time you ever saw them was when you got 

where?
A. After I  got in jail in Pompano; me and Charlie 

were in the same cell, at least in the same cooler, and after 
we got to Lauderdale I was with him there.

Q. Who all was put in the same place with you in Broward 
County jail, how many of these boys ?

A. All three of them, all of them but Jack, I  didn’t know 
him, don’t know him yet.

Q. Were they in the same cell with you?
A. All in the bull ring they call it.
Q. By bull ring you mean it was a big open space that had 

cells ?
A. On the side.
Q. Where three or four men slept in a cell?
A. Yes, sir.
Q. Now were all four put in the same bull pen with you?
A. Yes, sir, we all was in the same one together.
Q. That was Monday morning when you got there they 

were already in the bull pen?
A. Yes, sir.
Q. When did you get there Monday morning?
A. Monday evening.
Q. What time?
A. Got there before night. I don’t know exactly.
Q. Now during the time that you were kept in that bull 

pen did they ever take you out and question you, were you 
ever taken out of that bull pen ?

A. No, sir.
Q. You stayed in the bull pen the whole eight days you 

stayed in jail?
A. Yes, sir.
Q. Did they take any of these other boys out?

[fol. 163] A. No, sir, not until Saturday morning.
Q. They didn’t take any of them out until the following 

Saturday morning?
A. Yes, sir.



152

Q. And you saw each one of these boys every day during 
that period of eight days'?

A. Yes, sir, as far as I  can come at it.
Q. You swear you saw them there when you came in Mon­

day evening?
A. Yes, sir.
Q. Did you see them Monday night ?
A. After we went in them rooms where we sleep, I  couldn’t 

see them then.
Q. What time would you say was the last time you saw 

them Monday night?
A. Well, as near as I  can come at it was about eight or 

nine o ’clock, hut Charlie, me and him was in there together 
at night.

Q. Did you see them Tuesday morning?
A. Yes, sir.
Q. All of them?
A. Yes, sir, they was all there for breakfast.
Q. What did you eat for breakfast, you remember what 

you had for breakfast that morning?

Mr. Salisbury: Object.
The Court: Objection sustained.

Q. You didn’t  all have breakfast there that next morning?
A. Yes, sir, grits, bacon and coffee.
Q. And all four boys were there that time?
A. Yes, sir.
Q. That’s Tuesday morning?
A. Yes, sir.
Q. And you saw them go to bed there Monday?
A. No, I  didn’t see them go to ged, I  see them leave to go 

to bed.

Mr. Salisbury: Object.
The Court: Objection overruled.

Q. Did you see them Tuesday morning after they had 
breakfast?

A. Yes, sir, we all was there together.
Q. Did you see them Tuesday afternoon?
A. Yes, sir, I see them practically all day.
Q. I  want to know if you did see them every day; did you 

see them every day?
A. Yes, sir, I  think I  did.



153

ffol, 164] Q. And you are sure, you are positive, you are 
willing to swear you saw them on Monday evening when you 
were brought in there; you saw them when you got up at 
Breakfast Tuesday morning?

A. Yes, sir.
Q. What day was it they were taken down to Dade County 

jail, two of these boys?
A. I  don’t know.
Q. You know they were taken down there?
A. No, sir, I  didn’t know that.
Q. You said you didn’t see them beat them up in your 

presence?
A. No, sir.
Q. You know whether they were ever taken out of your 

presence to any place ?
A. No, sir.
Q. They were never taken out of your presence all the 

time you were in jail?
A. No, sir.

(Witness excused.)
Mr. C atts: I  am going to ask that these witness- who go 

out there be segregated from the other witnesses who have 
not testified.

The Court: All right, separate those who have testified 
from those who haven’t.

W il l ie  H endebson , being first duly sworn by the Clerk, 
testified on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:

Q. What is your name?
A. Willie Henderson.
Q. Do you know those four boys sitting over there, the 

colored boys?
A. Yes, sir.
Q. Where did you see them before?
A. I  see three of them in Blount’s farm, and the other 

one in the blacksmith’s shop.



154

Q. Which three did you see at Blount’s farm?
A. Jack, Walter and Izell Chambers.
Q. Where did you work?
A. I worked for Mr. Blount.

[fol. 165] Q. You work with these boys did you?
A. Yes, sir.
Q. How long did you work with them ; how long did you 

know them prior to the time that Mr. Darcey was killed 
down there at Pompano, about how long?

A. I worked with them about five months.
Q. You remember when Mr. Darcey was killed?
A. Yes, sir.
Q. Were you picked up about that time and placed in the 

Broward County jail?
A. Yes, sir, that was Sunday night.
Q. Did you see these four boys in that same jail?
A. Yes, sir.
Q. How long were you in jail?
A. I  stayed in there thirty two days.
Q. During that time where in relation to these boys?
A. I  don’t understand.
Q. Where were these boys kept and where were you kept 

in jail?
A. They were kept in jail.
Q. What cell were they kept in and what cell were you 

kept in?
A. There was no separate cell.
Q. So you were all able to mix together, were you?
A. Yes, sir.
Q. Did you see these boys while they were there ?
A. Yes, sir.
Q. Did you at any time during the time you were there 

see any one in the jail, any officer or any one in the jail, in 
your presence, beat or threaten to beat, or promise these 
boys anything?

A. No, sir.
Q. You had opportunity to see them every day?
A. Well some days they switched some of them around, I 

didn’t see them every day.
Q. Did you see them at night time during the time you 

were confined there?
A. Yes, sir.
Q. At any time did you see any fresh marks or bruises 

or blood on any of these four boys?



155

A. One of them I  did, Jack said he got that working on 
the railroad.

Q. You see what, blood on it?
A. No, sir, scar on his head.
Q. Where did he tell you be got that!
A. Working on the railroad. F irst time I see him.

[fol. 166] Q. Where ?
A. On Blount’s farm.
Q. You mean a prior time?
A. I see the scar before he was put in jail.
Q. You are sure those are the same scars?
A. Yes, sir.
Q. Did you see any fresh scars while he was in the jail, 

see any blood on him?
A. No, sir, I  didn’t see any blood.
Q. On his hands?
A. No, sir.
Q. Did any of these four boys down there ever tell you 

anybody had beaten them at any time they were in jail with 
you?

A. I  didn’t hear them say.

Cross-examination.

By Mr. Catts:

Q. Your name is what?
A. Willie Henderson.
Q. Were you taken to Broward County jail on Sunday 

night ?
A. Yes, sir.
Q. That you were arrested?
A. Yes, sir.
Q. When you got there that night where were you placed? 
A. I  was placed in Fort Lauderdale County jail.
Q. What part of the jail?
A. In the ring, where they placed colored folks, what they 

call the hull ring.
Q. On the first, second, third or fourth floor? _
A. I  disrem-ber. I know it was upstairs, I  didn’t count 

how many floors.
Q. Do you know how many stories there are in the build­

ing where the jail is?
A. No, sir, I  never did know how high.



156

Q. Were you taken up on the elevator?
A. Yes, sir.
Q. You know where Mr. Marshall, the jailer’s office is?
A. Yes, sir, right in the sheriff’s office.
Q. Is it on the same floor where your cell was ?.
A. No, sir.
Q. How many floors up is that?
A. I don’t know.
Q. I t is several floors. Did you gd up on the elevator?
A. Yes, sir.
Q. You don’t know how many floors it is up?
A. No, sir.
Q. You know it is above the floor you were on?
A. Yes, sir.

[fol. 167] Q. Now you say you didn’t see these boys all 
the time, they were taken out and shifted around from time 
to time?

A. Yes, sir.
Q. They were all four in the bull pen that Sunday night 

when you got there?
A. Yes, sir.
Q. They take any of them out there Sunday night ?
A. I  didn’t see them.
Q. Well did you see the boys Sunday?
A. Yes, sir.
Q. They were frequently taking them out of there?
A. No, only just shifted them around.
Q. What you call shifting them around?
A. Moving them one place and putting them in another.
Q. One part of the jail and another?
A. Yes, sir.
Q. Did these four boys here stay there in the bull pen with 

you the whole week, the first week ?
A. Yes, sir.
Q. You are sure of that?
A. Yes, sir.
Q. And you saw them every day ?
A. Yes, sir, every day for a week.
Q. Did they shift them around that week?
A. Not the first week they didn’t shift them around.
Q. You are sure they stayed there in the bull pen?
A. Yes, sir, for that whole week.
Q. You knew the boys before that time?



157

A. Yes, sir.
Q. You saw them Monday morning after they were taken 

there Sunday night ?
A. Yes, sir, they were right in jail.
Q. You saw them Monday at noon time?
A. Yes, sir.
Q. See them when they ate dinner?
A. Yes, sir.
Q. See them Monday night?
A. Yes, sir.
Q. See them when they ate dinner Monday night?
A. No, sir, didn’t eat dinner Monday night, eat dinner 

about two o ’clock.
Q. When was the last time Monday night you see them?
A. The last time I see them they was going to bed.
Q. About what time Monday night was that?

[fol. 168] A. I  didn’t have no watch, I couldn’t tell you 
what time it was, because I  didn’t have any watch in jail.

Q. After dark?
A. Yes, sir, after dark.
Q. Did you see them Tuesday morning?
A. Yes, sir.
Q. What time Tuesday morning was the first time you 

saw them?
A. Why all of them got up out of the bunk, I don’t know 

exactly what time.
Q. Long after daylight, or shortly after the sun was 

rising ?
A. I couldn’t see the sun, but it was after daylight; in my 

estimation the sun was rising because it was shining on 
the building.

Q. On Tuesday morning, you see them when they ate 
breakfast that morning?

A. Yes, sir.
Q. When did they have breakfast that morning ?
A. Around 8.30.
Q. You say you know these three boys of long standing, 

Chambers, Woodward and Jack Williamson?
A. Yes, sir.
Q. You swear you saw all three of these boys that 

morning?
A. Yes, sir.
Q. You are positive, certain of it?



158

A. Yes, sir, I  am sure I see them just like I  am looking 
at you.

Q. And you saw them over there that week the same way!
A. I  see them for that whole week during the time they 

was in jail with me.
Q. And they were right there technically with you the 

whole week?
A. They didn’t  lock them up in the cell; in the bull pen.
Q. You didn’t miss any of them for any length of time?
A. Not until after the first week.
Q. When did they start shifting them, the next Monday or 

Tuesday?
A. I don’t know exactly when they started ; I know they 

shifted them around.
Q. Did they still have them in the bull pen with you on 

the following Saturday?
A. They had Charlie Davis.
Q. What day of the week did they take the rest of them 

[fol. 169] out of there?
A. I  don’t know. I  know they shifted them around.
Q. What was the first day you can remember they first 

started shifting them around?
A. I  don’t remember what day it was they started to shift 

them around.
Q. Getting back to this Monday and Tuesday, are you 

still positive all these boys were there Monday and Tues­
day?

A. Yes, sir.
Q. Was Charlie there Monday and Tuesday?
A. Yes, sir.
Q. Every one of them there?
A. Yes, sir.
Q. And you were looking at them just like you look at 

me now?
A. Yes, sir.
Q. Don’t you know they took two of these boys down to 

Dade County jail about dark on Monday and kept them 
until Tuesday around noon time?

A. I didn’t know that.
Q. You didn’t know that?
A. The only way I can tell, if they did take them out then 

it must have been their hant or spook or ghost, I  don’t 
know.



159

Redirect examination.

By Mr. Salisbury:

Q. There were quite a few others in that same cell block 
with you besides these four ?

A. Yes, sir.
Q. About how many of you altogether ?
A. I  don’t know; right smart of them, I  didn’t count 

them.
Q. There were a right smart number of you in there alto­

gether ?
A. Yes, sir.
(Witness excused.)

[fol. 170] P r in c e  D ouglas, being first duly sworn by the 
Clerk, testified on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:

Q. What is your name?
A. Prince Douglas.
Q. Do you recall being in Broward County jail at the time 

a Mr. Darcey was killed down in Pompano?
A. Yes, sir.
Q. What was your capacity there in the jail?
A. I was head cook.
Q. And you were serving a sentence there, were you?
A. Yes, sir.
Q. You are serving time in Raiford now, aren’t you?
A. Yes, sir.
Q. How many times have you been to Raiford?
A. Twice.
Q. Prince, I  ask you to look at these four colored boys sit­

ting over there and ask you if you have ever seen them be­
fore?

A. Yes, sir.
Q. Where did you see them?
A. In Fort Lauderdale jail.
Q. You say you recall the time Mr. Darcey was killed?
A. Yes, sir.



160

Q. During the time when you remember seeing these four 
boys in jail, what were you doing there at the jail ?

A. Cooking.
Q. Do you recall any time while you were cooking—-first 

let me ask you, do you know Sheriff Walter Clark, sitting 
here?

A. Yes, sir.
Q. Did you know Captain Williams ?
A. Yes, sir.
Q. You know Bob Clark?
A. Yes, sir.
Q. You know Mr. Virgil Wright?
A. Yes, sir.
Q. You know Mr. Louis Maire?
A. Yes, sir.
Q. In fact you had been there long enough so you knew all 

these officers, didn’t you?
A. Yes, sir.
Q. I  will ask you if you remember when Sheriff Clark, 

Captain Williams and certain other officers there were ques­
tioning these four boys ?

A. Yes, sir.
Q. This kitchen that you work in, whereabouts is that in 

relation to a room in the jail that contains a table and radio; 
[fol. 171] have you ever been in that room?

A. Yes, sir.
Q. Whereabouts is that room from the kitchen you 

cooked in?
A. I  can’t tell you exactly in feet.
Q. Whereabouts?
A. I t is in the jail.
Q. I  understand that, but try  to describe to the jury where 

in relation to the kitchen is the room with the radio and the 
table ?

A. The kitchen is on the second floor and the room is on 
the third floor, about eight feet up above the kitchen.

By a J u ro r : That room is right over the kitchen?
W itness: Yes, sir.

Q. You know where Mr. Marshall’s quarters are?
A. Yes, sir.
Q. Now where in relation to the kitchen are Mr. Mar­

shall’s quarters?



1 6 1

A. You come right from the kitchen on out right in the 
door and walk into Mr. Marshall’s quarters.

Q. Where is the radio and the table?
Q. The radio and the table sets right there.
Q. Are Mr. Marshall’s quarters out in another part of the 

jail?
A. I t  is in the quarters but it sets over to one side.
Q. In  Mr. Marshall’s quarters?
A. Yes, sir.
Q. In other words, can you get from the kitchen where you 

were cooking directly into Mr. Marshall’s quarters?
A. Yes, sir.
Q. Is there a door that connects them?
A. Yes, sir.
Q. Do you recall during the time that these boys were in 

jail, do you recall one night that you were requested by Mr, 
Marshall to serve him any sandwiches and coffee at night?

A. Yes, sir.
Q. You recall what night that was?
A. Saturday night.
Q. Did you serve him sandwiches and coffee all night that 

night ?
A. Yes, sir.
Q. Who to?
A. The high Sheriff.
Q. By the high Sheriff you mean Mr. Walter Clark?
A. Yes, sir, and the other officials what was there.
Q. Was Captain Williams there?
A. Yes, sir.
Q. Mr. Bob Clark?
A. Mr. Bob Clark.

[fol. 172] Q. During the time while you were serving any 
sandwiches and coffee, did you see any of these four boys 
in that room ?

A. Yes, sir.
Q. About how often did you go into that room during that 

night ?
A. I  was practically there all the time, only when I  go 

downstairs and get some hot coffee and bring it back up 
there.

Q. By that you mean you were in this room where the 
radio and table was serving coffee ?

A. Yes, sir.
11—195



1 6 2

Q. At any time during that night did you see Mr. Bob 
Clark or Mr. Walter Clark or Captain Williams, or any 
other officer, or any other man in that room strike or beat, 
or threaten to strike, or threaten to beat any of those four 
boys or throw them out of the window?

A. No, sir.
Q. How long were you in there Saturday night?
A. All night long.
Q. During the time you were there did you ever hear any 

of these four boys make any statement ?
A. Yes, sir.
Q. You hear them make any statement whereby they ad­

mitted participating in-----
Mr. C atts: Object to that. It would not be admissible in 

this case.
The Court: Finish your question and I  will rule on it.
Mr. Salisbury: —(continuing) participating in the rob­

bery of Mr. Darcey.
Mr. C atts: Object.
The Court: Objection overruled.
W itness: How is that ?
(Question repeated.)
A. Yes, sir.
A. At that time when you heard-----
Mr. C atts: I  am going to interpose an objection to each 

question as to anything said by these boys.
The Court: The question is not whether they admitted 

committing a murder, it is whether he heard them make a 
statement. Objection overruled to the question.
[fol. 173] Q. At that time when you heard any of these 
boys make any such admission, did you see any officer strike 
or threaten to strike any of these boys that made those 
admissions ?

A. No, sir.
Q. You know Jack Williamson?
A. Yes, sir.
Q. Which one is h e ; point him out?
A. The second one from the end.
Q. Did he ever at any time while he was in jail request 

you to bring him any salve to put on his head?
A. No, sir.



163

Q. Did you see any marks or bruises or blood on Jack 
Williamson, or the other three of these defendants?

A. No, sir.
Q. Were you there at the Broward County jail on the 

Sunday morning that Mr. Maire and Mr. Clark, Captain 
Williams and others took down some confessions that these 
boys made, or some statement that these four boys made?

A. Yes, sir.
Q. When in relation to this time, this Saturday night?
Q. It was Saturday, the same Saturday.
Q. Before the Sunday?
A. Yes, sir.
Q. That you have described seeing these boys in the room 

with the radio and the table?
A. Yes, sir.
Q. And the night you were serving sandwiches and coffee 

all night long ?
A. Yes, sir.

Cross-examination.

By Mr. C atts:
Q. How many people did you serve sandwiches to that 

night ?
A. I don’t know exactly the number but it was the whole 

sheriff’s force and Mr. Captain Lee.
Q. Well about how many men would you say were there?
A. Mr. Clark, Mr. Wright, Mr. Louis Maire, Mr. Bob 

Clark, the high Sheriff’s brother, Mr. Marshall and Captain 
Williams.

Q. That’s all you remember now ?
A. Yes, sir.
Q. But there were some others there that you don’t re­

member; you think th a t’s all there were there, th a t’s all you 
served sandwiches to?

A. Yes, sir.
[fol. 174] Q. How many times did you serve?

A. I had sandwiches up there and every time they would 
ask, one of them would wanted sandwich and cup of coffee, 
I would give it to them.

Q. You had to prepare these sandwiches and coffee down 
below?

A. I prepared the sandwiches and brought them up, and 
made my coffee and went back and got it and bring it up.



164

Q. That’s what I  say, you made your coffee and sand­
wiches on the floor below where they were eating the sand­
wiches and doing the questioning, didn’t you?

A. Yes, sir.
Q. What floor of the jail was that where you made the 

sandwiches and made the coffee?
A. That is on the second floor.
Q. On what floor was it of the jail where they ques­

tioned these boys?
A. That was the third.
Q. Now did you see these officers of the law practically 

all night that night?
A. Only when I  went to get coffee.
Q. You don’t mean you made up enough sandwiches all 

at one time to last all night?
A. Yes, sir, I made them of cold meat.
Q. You made the sandwiches up in the room?
A. Yes, sir, up in the room.
Q. Did you sleep any that night?
A. No, sir.
Q. You stayed up until daylight?
A. Yes, sir.
Q. Did Captain Williams stay up until daylight?
A. They all stayed in there.
Q. They all stayed up all night?
A. Yes, sir.
Q. Did Jack Williamson stay up all night?
A. They bring one of them at a time, backwards and for­

wards.
Q. Every time you see them that night?
A. Yes, sir.
Q. Brought them in and out all night?
A. Yes, sir.
Q. Just those four?
A. Yes, sir, until they confessed.
Q. They confessed about daylight the next morning, 

didn’t they?
A. Yes, sir.
Q. Who would do the questioning when they brought 

them in there?
A. The high sheriff and State attorney.
Q. Was the State attorney there all night, too?

[fol* 175] A. He wasn’t there when they first started in­
vestigating.



165

Q. What time did he first come over there?
A. About 8 or 8 :30.
Q. About 8 or 8 :30 ?
A. As near as I  can remember.
Q. Did you give him coffee and sandwiches?
A. Yes, sir.
Q. Do you know how many times he ate sandwiches and 

coffee ?
A. No, sir.
Q. Did you see him have coffee and sandwiches at least 

one time that night ?
A. I remember giving him coffee.
Q. What time of night was it you give him coffee?
A. I  don’t know.
Q. You think he came over about 8 o ’clock?
A. Yes, sir.
Q. And when did be leave, or did he leave ?
A. He left the next morning.
Q. After the confessions were made?
A. Yes, sir.
Q. He stay there nearly all night?
A. He stayed in there in that room where they was in­

vestigating.
Q. Where they were bringing these boys backwards and 

forwards all night; they didn’t sleep any?
A. I don’t know if they sleep or not.
Q. The boys were awake?
A. Every time I see them.
Q. Every time you would go in that room they were 

awake ?
A. Yes, sir.
Q. You didn’t see them hit these boys that night?
A. No, sir.
Q. You see them threaten them in any way at all?
A. No, sir.
Q. But they didn’t talk to them that night like I am, in 

the tone of voice I  am talking to you, did they ?
A. They didn’t talk as low as you talk.
Q. Did they talk loud to them?
A. They didn’t holler, but they talked to them.
Q. What did they tell them?
A. What did they tell them?
Q. Did anybody curse at them that night ?
A. No, sir,



1 6 6

Q. Didn’t anybody curse at them!
A. No, sir.
Q. Did you give these boys any sandwiches that night? 

[fol. 176] Q. I  give one of them a sandwich and cup of 
coffee; I  don’t  remember which one.

Q. How come you didn’t  give any to the rest of them!
A. Just one of them wanted a sandwich.
Q. You ever been convicted of crime in Palm Beach 

County?
A. No, sir, I  have been tried here but I  wasn’t convicted.
Q. As a matter of fact, you turned State’s evidence. How 

many boys were arrested at the same time you were!
Mr. Salisbury: Object.
The Court: Objection sustained.
Q. Did you plead guilty to a charge in Palm Beach County 

of breaking and entering Mr. Collins house in Kelsey City?
A. I never have plead guilty to breaking and entering a 

house.
Q. Well, a building of D. J. Collins, and you were turned 

over by this County to Broward County, when you went to 
Broward County jail?

A. I  was arrested in Broward County.
Q. Then they brought you up here and then turned you 

back to Broward County ?
A. Yes, sir.
Q. Did you enter a plea?
A. Not to Mr. Collins, I  didn’t know what his name was.
Q. And did you enter a plea of breaking and entering 

in this County?
A. Yes, sir.
Q. You never have served any time for that. Never been 

sentenced on that plea yet, have you?
A. No, sir.
Q. You know Spot, one eye trusty, over here in the 

County jail?
A. No, sir.
Q. You know the one eye boy over there, this trusty when 

you see him?
A. Boy named Willie?
Q. Yes, he was there when you left this morning?
A. There is a one eye boy over there.
Q. Did you the night before last tell him you were going 

to get thirty dollars out of this case for coming down here,



167

and ask him to get you a pack of cigarettes, you would 
pay Mm later?

A. No, sir.
[fol. 177] Q. What did you say to him about cigarettes?

A. I told him I  have been brought down as witness and 
ask him to get me some cigarettes, and I get the money 
and give it to him.

Q. Did you tell him you to get thirty dollars in this case?
A. No, sir, a in’t mentioned any money to him at all.

Redirect examination.

By Mr. Salisbury:
Q. You are up at Raiford?
A. Yes, sir.
Q. Serving time?
A. Yes, sir.
Q. You were subpoenaed by the State to come down here?
A. Yes, sir.
Q. You expect to get a witness fee; you expect to get 

some money for coming down here ?
A. No, sir, I  don’t expect anything.
Q. Any one promised you any money if you would come 

down here and testify ?
A. No, sir.
Q. Now, Prince, this Saturday night before the Sunday 

when you heard these four boys make the confessions, on 
that Saturday night did the Sheriff’s officers bring other 
men into that room and question them, besides these four 
boys?

A. Yes, sir.
Q. In other words, they didn’t concentrate on these four 

boys that night ?
A. No, sir.

Recross-examination.

By Mr. Catts:
Q. Didn’t I  ask you a while ago who they took and brought 

up here besides these four boys, and you said that was all? 
Who did they bring up that night?

A. They brought several more men up there.
Q. How long did they keep them in there ?



1 6 8

A. He kept bringing them backward and forward, just 
like these boys.

Q. Did you ever take any salve to this boy, Jack William­
son, without his asking you, just do it of your own accord ?

A. No, sir, he never have asked me.
Q. You did it without his asking?
A. No, sir.
Q. You give him a sandwich?
A. Give one of them a sandwich.

[fol. 178] Redirect examination.

By Mr. Salisbury:
Q. You didn’t refuse any of these boys sandwiches and 

coffee, did you?
A. No, sir.
Q. The Sheriff tell you to give everybody in the room 

something to eat?
A. He told me if anybody wanted it, give it to them.

By Mr. C atts:
Q. What kind of sandwiches did you have?
A. Minced meat sandwiches and cheese and bologna.
(Witness excused.)

L o n n ie  J ackson , being first duly sworn by the Clerk, tes­
tified on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:
Q. Your name is Lonnie Jackson?
A. Yes, sir.
Q. I  will ask you if you know these four boys?
A. I  know their faces, I  don’t know their names.
Q. You do know them by their faces?
A. Yes, sir.
Q. Where did you see them last?
A. Broward County jail.
Q. What were you doing there in jail?
A. I was put in jail, I  was forty days in jail, I  was trusty 

in jail.



169

Q. Being a trusty, did they keep you locked up all the time, 
or did they let you go around any place in the jail you could
go?

A. Yes, sir.
Q. You remember the time these boys were there?
A. I remember the time they were in jail.
Q. In making your rounds in the jail did you have an op­

portunity to see these four boys at any time they were in 
the jail?

A. I  had carried them their lunch.
Q. Carried them all their meals?
A. Yes, sir.
Q. When you carried any of these four boys their meals 

did you ever see any one of them that had any bruises or 
[fol. 179] marks or any blood on his body or his clothes?

A. No, sir.
Q. Did any of these four boys ever tell you anybody 

down there in the jail ever beat them?
A. No, sir.
Q. When you were going around the jail on your duties 

on Saturday during the time the boys were in jail, did you 
see Sheriff Clark, Captain Williams, or anybody else, beat 
any of these boys?

A. No, sir.

Cross-examination.
By Mr. C atts:

Q. You know Captain Williams when you see him?
A. No, I don’t know him when I see him.
Q. You don’t  know him?
A. No, sir.
Q. You didn’t see him there?
A. I  don’t know him.
Q. How many people did you carry lunch to every day in 

the jail down there at that time?
A. They had to bring to all in jail, I  didn’t keep count of 

them.
Q. Well did you carry ten people lunch?
A. I don’t remember who I just carried there.
Q. You don’t have any idea about how many people you 

fed down there; you fed these four boys?
A. Yes, sir, I know these four boys.
(Witness excused.)



170

M ack  L it t l e , being first duly sworn by the Clerk, testified 
on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:

Q. What is your name?
A. Mack Little.
Q. Take a look at these four darkey boys over there.
A. Yes, sir I  see them in jail.
Q. You remember the time Mr. Darcey was killed down 

in Pompano?
A. Yes, sir.
Q. Did you get picked up by the sheriff’s officers at that 

time?
A. Yes, sir.

[fol. 180] Q. Were you taken to Broward County jail?
A. Yes, sir.
Q. Were you in jail there the same time these boys were? 
A. Yes, sir.
Q. Do you know any of their names?
A. Yes, sir, I  know them.
Q. You know their names?
A. Yes, sir.
Q. What are their names?
A. Jack Williamson, Izell Chambers and Charlie Davis.
Q. Where were you kept, what cell were you kept in?
A. I was kept in No. 7 cell.
Q. Did No. 7 open out in the same bull pen that these boys 

were in?
A. Yes, sir.
Q. Were you all mingled there together all day until they 

were locked up in individual cells at night ?
A. Yes, sir.
Q. Did you have an opportunity to see these boys off and 

on during the time you were there?
A. Yes, sir.
Q. During the time you had an opportunity to see these 

boys did you see any marks or bruises of any kind on their 
body ?

A. No, sir.
~~Q. You ever see any blood on their body or their clothes? 

A. No, sir.



171

Q. Did you at any time ever hear any official, that is, the 
Sheriff, Captain Williams, or anybody else ever threaten any 
of these four boys?

A. No, sir.
Q. Did you ever talk to any of these boys while they were 

in jail?
A. No, sir, I ain’t talked to them.

Cross-examination.

By Mr. C atts:
Q. You say your name is Mack Little?
A. Yes, sir.
Q. AVhen were you arrested?
A. In Pompano.
Q. When, what night?
A. On Sunday night when I  was arrested.
Q. About what time?
A. I guess about eight o’clock.
Q. What did they do with you when they arrested you?
A. They didn’t do anything, only put me in jail.

[fol. 181] Q. In Pompano jail?
A. Yes, sir, carried me to Pompano jail on Monday morn­

ing they took me out and carried me to Lauderdale.
Q. When they took you down to Lauderdale jail, where 

did they put you?
A. They put me in the bull pen.
Q. T hat’s where No. 7 cell is?
A. Yes, sir.
Q. And did you stay in the bull pen, or in that bunch 

of cells right there, all the time you stayed in jail?
A. Yes, sir, stayed there in the day, I stayed in the bull 

pen in the day time and in the night I go to the cell. Thei e 
is steel between the cells and the bull pen. Night I go in the 
cell, and day I  stay in the bull pen.

Q. How long did you stay in jail?
A. Thirty two days.
Q. Where were these boys when you were put in jail?
A. They was in there.
Q. What part of the jail was it?
A. I don’t exactly know, but they was in jail.
Q. But not in the same bull pen you were?
A. Yes, sir, one while they were.
Q. That morning were they in the same cell?



172

A. Yes, sir.
Q. All four of them in the same cell with you that morn­

ing?
A. Yes, sir.
Q. You mean the same bull pen?
A. Yes, sir.
Q. How long did they stay there after that?
A. I  don’t exactly know, but they stay in there about—I 

don’t exactly know, but about three or four days I  guess.
Q. They ever take any of these boys out during any of 

that time ?
A. I  didn’t see them take them out.
Q. Did they ever take you out?
A. No, sir.
Q. Did they at one time have Izell Chambers and you in 

the Sheriff’s office at one time?
A. No, sir.
Q. Did you see a confession saying you had confessed to 

this murder?
A. No, sir.
Q. You never saw a confession that said anything like

that?
A. No, sir.
Q. You know Captain Williams?
A. No, sir.

[fol. 182] Q. You never see him at the jail and talked to 
him?

A. If I see him I  didn’t know him.
Q. Did you know any of these boys before they went in 

jail?
A. No, sir.
Q. F irst met them when you got down there?
A. Yes, sir.
Q. And you are sure now they were all in the same cell 

with you that morning when you were first brought in there; 
they were in the same bull pen with you?

A. Yes, sir.
Q. And how long did they stay in there; when was the 

first time you ever remember their taking any of them out ?
A. I  stayed in there thirty two days and I  didn’t see any 

one taken out. He questioned all of u s ; they took them out 
to question them.

Q. How long would he keep you ou t; would he take you 
out or question you in the cell?



173

A. Take ns ont.
Q. These people that were left in the cell couldn’t hear 

what you were saying on the next floor?
A. No, sir.
Q. Take you on the elevator and take you up?
A. Yes, sir.
Q. You don’t know whether he went two floors or three 

floors ?
A. No, sir.
Q. When was the first time after you got to Broward 

County jail you remember their taking any of these boys 
out and questioning them ?

A. I  don’t remember now.
Q. You don’t remember taking any of them out and ques­

tioning them?
A. Not exactly the dates.
Q. Did they take them out the first day to question them? 
A. No, sir, not the first day.
Q. Take them out the second day ?
A. No, sir.
Q. How long would they keep them out when they took 

them out?
A. About fifteen or twenty minutes.
Q. And would always bring the same fellow right back?
A. Yes, sir.
Q. You didn’t bunk in the same cell with any of these 

boys?
A. No, sir.
Q. How close was their cell to yours?

[fol. 183] A. I  was in No. 7; cell and I think Izell was 
in No. 8, he was below me.

Q. That is, he had a cot underneath your cot?
A. No, sir, I live in No. 7 cell and he live in the 8 cell.
Q. That was the one further away from yours?
A. Yes, sir.
Q. Did they ever keep these boys out as long as an hour 

on Monday or Tuesday?
A. No, sir.
Q. Not any one of them?
A. No, sir.
Q. Long as two hours ?
A. No, sir.
Q. Long as ten hours?
A. No, sir.



174

Q. You sure about that, that you saw them all day Mon­
day?

A. Yes, sir.
Q. That’s the first day you got there?
A. Yes, sir.
Q. You sure you saw them all day Tuesday?
A. Yes, sir.
Q. When did you go to bed Monday night?
A. Go to bed when you get ready.
Q. Go to bed before dark or after dark?
A. Go to bed when the dark come.
Q. When you went to bed Monday night were they still 

there ?
A. Yes, sir, they were there.
Q. And were there the next morning, Tuesday morning? 
A. Yes, sir.
Q. And you saw them all day Tuesday?
A. Yes, sir.
Q. Well now did they ever start shifting these boys 

around and putting these boys in some other part of the 
jail away from the bull pen?

A. No, sir.
Q. As I  remember you stated you stayed in the same 

cell for thirty two days ?
A. Yes, sir, as far as I know.
Q. Now did they stay in the cell there with you for the 

whole thirty two days, all four of them?
A. Yes, sir.
Q. You know one of these boys as well as you know 

the other?
A. I  know them but I  don’t know them apart.
Q. Which one of them is which; what is this boy’s name? 
A. I  don’t know.
Q. What is this boy’s name?
A. Walter, I think.
Q. What is the name of the next one?
A. Jack.
Q. What is the other one’s name?
A. Izell.

[fol. 184] Q. Which one of them is Charlie?
A. That last one there.
Q. Did you see these boys the whole thirty two days you 

were there?
A. Yes, sir.



175

Q. You are sure?
A. If they took them out I didn’t know anything about it.
Q. Well if they kept them out a whole day you would 

know?
A. Yes, sir, I  would know it.
Q. Well don’t you know while you were there this boy 

was taken down to Dade County jail, and was not in Broward 
County jail?

A. If he was I  didn’t know anything about it.
Q. That’s what I  am asking you about; you said you 

saw them every day. Don’t you know they took him down 
there, took this boy over here down to Dade County jail 
about Monday noon and didn’t bring them back until Tues­
day afternoon?

A. If they did, I  didn’t know anything about it.
Q. Then they weren’t all there in the pen all that time you 

were in jail?
A. They took me and put me on the fourth floor.
Q. How long did they keep you on the fourth floor?
A. I  stayed up there about two days I guess.
Q. Were they up on the fourth floor with you?
A. They left them down in the bull pen.
A. And took you up on the fourth floor?
A. Yes, sir.
(Witness excused.)
Thereupon Court adjourned to 1 :45 o ’clock P. M.

[fol. 185] Afternoon Session
1 :45 o ’clock

S tipu la tio n

Mr. C atts: Counsel for the petitioners and counsel for the 
State of Florida stipulate that at the time of the alleged 
confessions on May 21,1933, about 6 o ’clock, that these first 
two pages of questions and answers were propounded to 
these defendants as is shown by the questions and answers 
on these first two pages and the first two lines of page 3 of 
this certified copy of transcript of the official Court Re­
porter for Broward County, and that at that hearing the 
persons named on the first page of this transcript of the 
official Court Reporter of Broward County, the persons



176

named at the top of the page, page 1, were present at such 
time; which transcript of the official Court Reporter was 
filed in the office of E. R. Bennett, Clerk of the Circuit 
Court of Broward County, on June 12,1933, and hears a red 
pencil notation “ 39, Palm Beach County No. 1395” ; and 
also the questions contained on the last half of page 29 
of such transcript entitled “ Questions by Mr. Maire” to 
the bottom of page 29, were propounded to these peti­
tioners at that time on May 21, 1933, at 6 o ’clock A. M.

E ddie H a m ilto n , being first duly sworn by the Clerk, 
testified on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:
Q. What is your name?
A. Eddie Hamilton.
Q. Do you remember the time that Mr. Darcey was killed 

down at Pompano, Florida?
A. Yes, sir.
Q. Were you serving time in Broward County jail about 

that time ?
A. Yes, sir.

[fol. 186] Q. What was your capacity there; what were 
you doing there at the jail?

A. I  was working around the jail.
Q. What work were you doing?
A. Cooking and cleaning up.
Q. I will ask you to look at these four colored boys sitting 

over there; you ever see them down there ?
A. Yes, sir.
Q. Were you ever present when Mr. Walter Clark, the 

Sheriff, Captain Williams and Bob Clark, the Sheriff’s 
brother, and others, were questioning these four boys?

A. I don’t understand you.
Q. Were you ever present when any of these I have 

referred to were questioning these four boys?
A. Yes, sir.
Q. Did you ever see any one of the men that were ques­

tioning these boys strike them?
A. No, sir.



177

Q. Did you ever see any one attempt to strike them or 
threaten to strike them?

A. No, sir.
Q. Were you what they call a trusty in the jail?
A. Yes, sir.
Q. That also gave you the privilege of running all over 

the jail?
A. Yes, sir.
Q. Did you have an opportunity to observe these four 

hoys during the time they were confined there in the jail?
A. Yes, sir.
Q. Did you ever see any bruises or cuts on any of these 

four boys?
A. No, sir.
Q. You ever see any blood on their body or their clothes?
A. No, sir.

Cross-examination.

By Mr. C atts:
Q. How often did you see these boys?
A. Three or four times every day, and more regular than 

that, about a half a dozen, sometimes a dozen times.
Q. Did you go inside the cell with them?
A. No, sir.
Q. You saw them from the outside?
A. Yes, sir.
Q. How close did you get to them?
A. Close enough to put your hand on them.
Q. Every time you saw them did you get that close to 

them ?
A. Not every time I saw them I didn’t get that close to 

them.
[fol. 187] Q. Were you ever around up in these jail quar­
ters in the night time ?

A. Yes, sir.
Q. How often?
A. I  stay up in the quarters.
Q. You stay in his quarters?
A. Yes, sir.
Q. Sleep up there?
A. Yes, sir, when I got to he trusty I sleep in there by 

myself.
12—195



178

Q. Were you sleeping in the ja iler’s quarters when these 
boys were brought in the jail!

A. When they was brung there!
Q. Yes.
A. Not when they was brung there.
Q. How long after they were brought there before you 

got to sleeping in the ja iler’s quarters!
A. I think about the second day.
Q. Where are the jailer’s quarters!
A. Upstairs.
Q. On that floor!
A. On the last floor.
Q. On the top floor!
A. Yes, sir.
Q. How many stories is the court house and jail!
A. There is two stories in the jail part I  know, the top 

and the next one.
Q. And the court room is under that!
A. Yes, sir, just the court room is off from that.
Q. And you stayed up on the top floor!
A. Yes, sir.
Q. Were you on the top floor the Saturday night following 

the Saturday night after they were put in jail!
A. No, sir.
Q. You weren’t up there Saturday night!
A. No, sir.
Q, You know anything that happened to these boys that 

Saturday night, about their being questioned!
A. Yes, sir, I see them personally.
Q. Where did you see them personally!
A. They was downstairs where I  was, that fellow over 

there.
Q. Where is that, what part of the jail was that!
A. I t is in the tank part.
Q. On the third floor!
A. Yes, sir.
Q. They all down there for questioning!
A. Yes, sir, they was down there where I  was.
Q. Where were they; In the bull pen!
A. On the questioning !

[fol.188] Q. Yes.
A. No, they questioned that one over there through the 

bars.
Q. Were you present in the jail quarters on Saturday 

night when they were questioning these boys !



179

A. Not in tlie jail quarters, not the Saturday night they 
questioned them.

Q. They brought them there Sunday night, didn’t they?
A. Yes, sir.
Q. Were you up there when they questioned them the next 

Saturday night ?
A. The next Saturday?
Q. Were you up there then?
A. No, sir, I  wasn’t up there that time.
Q. You were on another floor?
A. Yes, sir.
Q. You don’t know what happened to them up there that 

night ?
A. No, sir.
Q. Were you ever up there in the jail quarters at any time 

during the week when they were questioning any of these 
boys?

A. Yes, sir.
Q. Who was questioning them?
A. Mr. Bob and Mr. Wright.
Q. You know Captain Williams?
A. Yes, sir.
Q. Was he up there?
A. I  think he was at the time.
Q. How many times did you see Captain Williams up 

there ?
A. I don’t know exactly, it has been so long it slipped 

my remembrance.
Q. You ever see Captain Williams up there questioning 

any of them by himself ?
A. No, sir.
Q. You never did do that?
A. No, sir.
Q. You don’t mean to tell this jury that you were up there 

every time they carried these boys up there by themselves to 
question them?

A. No, sir, I didn’t say I  was up there every time.
Q. Went up there sometimes?
A. Yes, sir.
Q. How late at night was it you ever see them question­

ing any of them ?
A. I don’t know.
Q. You ever see them questioning any of them at night?
A. Yes, sir.
Q. Up there where you sleep ?



180

A. Yes, sir.
Q. How late at night would you say!

[fol. 189] A. I  don’t know, I didn’t have any time.
Q. Had you gone to bed?
A. No, sir.
Q. While you were still up?
A. Yes, sir. I went to bed when I  got ready up there.
Q. What time did you usually go to bed?
A. All the way from ten to eleven o’clock sometimes.
Q. Did you ever know of their questioning them after you 

went to bed?
A. No, sir.
Q. You usually go to sleep when you went to bed?
A. Yes, sir.
Q. You don’t know what happened after that time, do 

you?
A. No, sir.
Q. Where were the boys kept from the time they were put 

in there on Sunday morning ?
A. Kept upstairs.
Q. In  which room; were these four boys all in the same 

room at the time you saw them?
A. No, sir.
Q. They were in separate rooms in different portions of 

the jail?
A. Yes, sir.
Q. Did you ever see all four of them together at any one 

time ?
A. When they was questioning them?
Q. When they were questioning them, or any other time?
A. No, sir, I never.
Q. Never have?
A. No, sir.
Q. During all the time they stayed there in the jail you 

never saw the four of them together at any one time?
A. No, sir.

Redirect examination.

By Mr. Salisbury:
Q. When you say you sleep in the ja iler’s quarters, tell 

just what you mean; you mean you slept in the jailer’s 
quarters, or you slept on the same floor?

A. Slept on the same floor.



181

Q. Were there some cells up there for trusties to sleep inf
A. Yes, sir.
Q. At the time you saw these four boys being questioned, 

did you see other boys being questioned, or were those the 
only ones you ever saw being questioned?

A. The boys that were with them.
[fol. 190] Q. Were there others questioned, too?

A. Yes, sir.
Q. And the officers didn’t concentrate on these four boys?
A. No, sir.

Recross-examination.
By Mr. C atts:

Q. You don’t know what they did that Saturday night 
when you weren’t up there ?

A. No, sir.
Q. You didn’t see anything that happened on that floor 

that night?
A. No, sir.
Q. You didn’t sleep on that floor that night where you had 

been sleeping?
A. No, sir.
(Witness excused.)

B. B . J o h n so n , being first duly sworn by the Clerk, tes­
tified on behalf of the State as follows:

Direct examination.
By Mr. M aire:

Q. Did you live in Fort Lauderdale on the 21st day of May, 
1933?

A. Yes, sir.
Q. Were you at that time a police officer of any kind?
A. No, sir.
Q. You ever been a police officer?
A. No, sir.
Q. What was your occupation at that time?
A. Telephone work.
Q. At that time that you were present in the office of 

Mr. Marshall, at 6:30 o’clock in the morning on that date, 
did you see the four petitioners in this case?



1 8 2

A. Yes, sir.
Q. You see every one of them?
A. Yes, sir.
Q. Did you at that time see any sign upon any visible 

part of the body of either of them of any fresh scars, or 
beatings or striking or blood upon their body or clothing?

A. No, sir.
Q. How close were you to them at that time?
A. Just within a few feet of them.
Q. Did you at any time observe to see whether there were 

any such signs upon the visible part of their body or not?
A. Well I  didn’t notice.

[fol. 191] Q. Well you saw the defendants, didn’t you?
A. Yes, sir.
Q. If there had been any there would you have seen them 

like any scars on their head or marks on the body?
A. I  didn’t see any on the head of any, no, sir.
Q. Was there light enough in the room if any of these 

men had had any cuts or marks or blood on their clothing 
you would have seen it ?

A. How is that ?
Q. Was there enough light in the room at that time so you 

could have seen it if there had been any?
A. Yes, sir.
Q. You know anything about the general attitude or men­

tal condition of these boys at that time?
A. Well, they seemed to be in a normal condition.
Mr. C atts: Object.
The Court: Objection overruled.
Q. Described their appearance, Mr. Johnson.
A. They appeared normal to me.

Cross-examination.

By Mr. C atts:
Q. Did you make any minute examination of any of these 

boys sitting over there on that occasion ?
A. No, sir.
Q. You didn’t attempt to make any examination to look for 

wounds or things of that kind on the body of these boys. 
Did they have the appearance of having been up all night?

A. Well I couldn’t say that.
Q. You know how a sleepy man looks ?



183

A. They didn’t look sleepy.
Q. They didn’t look sleepy?
A. No, sir.
Q. In fact they were thoroughly rested?
A. Well they looked like they were in normal condition.
Q. Did they look to you at that time the same as they do 

in this court room, as far as you can tell?
A. Well they are quite a bit fleshier now than they were 

then.
Q. I mean as to being worn out?
A. Yes, sir, they looked just as well then.

[fol. 192] Q. The lights in this room; they have them on ?
A. I couldn’t say if the lights were on or not but there 

was plenty of light in the room.
Q. AVhat time in the morning would you say it was?
A. About 6.30.
Q. Was the sun up?
A. Yes, sir.
Q. You particularly friendly with the jailer or the officers 

of the sheriff?
A. Well they are friends of mine.
Q. Ever been out with them in the performance of their 

official duties?
A. No, sir.
Q. The first time you were ever called in your life to be 

present in the jail on any occasion?
A. Yes, sir.
Q. How far do you live from the jail?
A. I  was living them about—well, about five blocks from 

there.
Q. How close was the closest you came to any of these 

petitioners that morning?
A. Just within a few feet of them.
Q. You look on the back of any of their heads, or did you 

make any examination?
A. I  didn’t examine them, no, sir.
Q. You didn’t make any examination?
A. No.
Q. Were you looking for wounds or anything like that 

on their heads?
A. No.
Q. Could you tell this Court and jury now how they were 

dressed on that occasion?
A. I  don’t remember just how they were dressed.



184

Q. You notice whether either of them were barefooted or 
not ?

A. I didn’t notice their feet, no, sir,
Q. You notice whether any of them had on gloves or not!
A. No, sir, I  noticed they didn’t have gloves on.
Q. You noticed they didn’t?
A. No.
Q. Any of them that didn’t have on a shirt?
A. Well, the best I  remember some of them didn’t have 

shirts on.
Q. Have on hats?
A. No, sir.
Q. Or caps?
A. No, sir.
Q. Were you sitting or standing while they were talking 

to Mr. Maire and he was questioning them?
A. I was sitting.

[fol. 193] Q. With respect to where you are sitting, in what 
direction were these defendants to you?

A. They were lined up right in front of me.
Q. Was anybody else sitting on the same side with you?
A. Yes, sir.
Q. How many people?
A. Four or five I  believe.
Q. Point out some object in the court room that you would 

say that was as far away from you as these boys were?
A. I would say this front row of the jury was about.
Q. Where was Mr. Maire with reference to where you 

were, where was Mr. Maire ?
A. Well he was questioning them; I  don’t remember just 

what position he was.
Q. You don’t remember what part of the room he was in, 

or did he move about the room?
A. He probably moved around.
Q. Did you move any time he was questioning them?
A. No.
Q. Now with respect to where these boys were sitting in 

front of you, which one was sitting to your extreme left; 
or do you know?

A. I  couldn’t say.
Q. You know which one was sitting to your extreme right?
A. No.

(W itn ess  excused .)



185

W . F . F ord, being first duly sworn by the Clerk, testified 
on behalf of the State as follows:

Direct examination.
By Mr. M aire:

Q. Mr. Ford, at the time you were present in the jailer’s 
quarters in the jail at Fort Lauderdale on Sunday, May 21, 
1933, at 6 :30 o’clock in the morning, and from then on for a 
little while were you an officer of the law, and have you 
ever been?

A. No, sir.
Q. What is your occupation?
A. Carpenter.
Q. Did you at that time have occasion to see and observe 

the four petitioners in this case ?
A. Yes, sir.
Q. Had you ever seen them before that time?
A. No, sir.

[fol. 194] Q. Do you remember the condition, as to whether 
it was light or dark in there at the time ?

A. Light.
Q. Did you see any visible signs upon any visible part of 

the body of any one of these four petitioners that showed 
any bruises, fresh scar marks or blood upon their body or 
upon any part of their clothing?

A. No, sir.
Q. Did you see any signs of any marks around the necks 

of any one of them?
A. No, sir.
Q. You know whether they all bad on shirts or not?
A. Just one I think, if I  remember.
Q. So there was a part of their body that was exposed to 

view to you ?
A. Yes, sir.
Q. What part of the body could you see ?
A. Shoulders, arms, down to their waist.
Q. Did you see any cuts upon the heads of any of them?
A. No, sir.
Q. Any bruises ?
A. No, sir.
Q. Any open wounds?
A. No, sir.
Q. What was their general appearance at that time, de­

scribe that to the jury?



186

A. Well the general appearance would be just as you meet 
a man every day, as far as I know. They was dressed in 
overalls. One of them I  believed had on a yellow shirt, if I 
remember, Woodward, I  believe.

Q. Did anybody during the time you were there threaten 
them in any way !

A. No, sir.
Q. Make them any promises !
A. No, sir.
Q. How close were you to them at the time you saw them!
A. Oh, closer than I am today, a little.
Q. If there had been any signs or marks of any fresh cuts 

and bruises such as I  have asked you about, did you have 
the opportunity and could you have seen them at that time!

A. Yes, sir, I think so.
[fol. 195] Cross-examination.

By Mr. C atts:
Q. See any scars on any of their heads!
A. No, sir.
Q. Can you now see any scars on the heads of any of them!
A. I  don’t see any.
Q. Can you now look at them and see any scars or marks 

on their heads from where you are sitting.
A. One of them has got a scar on the side of his face.
Q. See any other scars on them!
A. No, sir.
Q. Did you make an examination of these boys or look 

for any!
A. I  didn’t examine them.
Q. You think you were quite as far away from them as you 

are now!
A. No, probably about half that.
Q. About as far away as you are from me!
A. About that.
Q. Did you ecamine them for scars or fresh cuts, or any­

thing of that kind!
A. No, sir.
Q. You examine the back of any of their heads!
A. No, sir.
Q. Were you asked by the officers to make an examination 

of these boys for scars!
A. No, sir.
(W itn ess  excused .)



187

[fol. 196] W. C. Mathek, being first duly sworn by the 
Clerk, testified on behalf of the State as follows:

Direct examination.

By Mr. M aire:
Q. Please state your name.
A. W. C. Mather.
Q. Are you practicing law in Broward County?
A. Yes, sir.
Q. Where do you practice law in Broward County?
A. My home is in Hollywood.
Q. How long have you been admistted to the Bar in 

Florida ?
A. About thirteen years.
Q. How long have you been practicing law altogether?
A. Around twenty years.
Q. Were you one of the attorneys that was appointed by 

Judge Tedder as counsel to represent two of these peti­
tioners now before the court?

A. Yes, sir.
Q. Which two did you represent?
A. The two in the center, Williamson and Woodward, I 

think.
Q. Do you remember the time that the two you repre­

sented, as well as the other two, were arraigned in court in 
Fort Lauderdale?

A. Yes, sir.
Q. Did you see your clients at any time before they were 

arraigned in court there ?
A. Yes.
Q. How long before they were arraigned?
A. I believe the first time was a couple of days before 

they were arraigned.
Q. Did you discuss the case with them at the time?
A. Yes.
Q. Did you at the time have knowledge of the fact that 

there had—any alledged confessions obtained from your 
clients ?

A. I  don’t know whether I knew the first time I saw them 
or not. I think I was aware of the fact before the arraign­
ment.

Q. Did you ever at any time ever discuss a purported con­
fession with your clients?



188

A. The time before the arraignment I  think we discussed 
to some extent the fact that they had confessed.
[fol. 197] Q. What did you ask you- clients with reference 
to the confession, if you remember?

A. I t has been quite a while ago.
Q. What did you ask your clients with reference to the 

confession at that time; ask them how it was obtained?
A. I think, if I remember correctly, I  told them that it 

was not incumbent upon them to plead guilty just by reason 
of the fact they had confessed. As to the means or method 
of the procurement of the confession, I don’t recall we dis­
cussed that.

Q. Did you ever tell Walter Woodward, or either one of 
your clients, that sentiment was against them?

Mr. C atts: Object. This is his own witness, and it is lead­
ing.

The Court: Objection sustained.
Q. Did you ever discuss the question of sentiment with 

either one of your clients ?
A. No.
Q. What did you advise them with respect to entering 

any kind of a plea ?
A. I told the boys this, I remember: that if they were 

guilty, and of course were tried before a jury and convicted, 
I didn’t believe there would be any recommendation. I said 
if you are guilty, and plead guilty, the Court will investigate 
all the facts and circumstances surrounding the crime and 
he might see some extenuating or mitigating circumstances 
that would incline him to leniency or inclined to be less 
harsh than a verdict without a recommendation. I says “ if 
you are not guilty we will try  this case from now on,” or 
words to that effect. I says “ if you want to try it, we will 
try  it.” I went over that with them a number of times and 
explained it to them because they didn’t appear to have 
understanding as you expect of some people. I was very 
careful to explain to them the consequence of their plea or 
the consequence of a trial, and a verdict of guilty without 
recommendation. I left it up to them to decide.

Q. You did not then definitely advise them to plead any 
way?

A. No, sir, I didn’t advise them to plead any way.
[fol. 198] Q. Did they ever make any statement to you with 
reference as to how the confession was obtained?

A. Not that I  recall. We didn’t discuss that feature of it.



189

Q. Even the first time you talked to them?
A. No, the first time we didn’t discuss the confession.
Q. When did you talk to them again, if you did at all?
A. In an ante room off the main court room the second 

time, and the last time prior to arraignment.
Q. Was this question of a confession mentioned at that 

time?
A. Yes, sir, tha t’s when I  talked to them and advised 

them.
Q. What did you ask them with reference as to how the 

confession was obtained?
A. Why, I  told them if the confession was not freely and 

voluntarily made, if there had been coercion, or coerced into 
making a confession that it was no good, to put it plainly.

Q. Did they make any reply to that ?
A. They didn’t make any reply to that?
Q. Did they ever tell you anything with respect to that?
A. No, except that they had made a confession.
Q. That’s all they ever told you ?
A. Yes.
Q. How close were you to these defendants when you were 

talking to them, or the petitioners in this case, rather?
A. I  was right with them, a foot or so away, I imagine, 

from them.
Q. Did you at that time observe any wounds or marks or 

bruises or swellings of any kind upon their head or shoulders 
or hands or any part of their body?

A. No, I  didn’t look for any.
Q. Well, you were standing right there talking to them, 

were you?
A. Yes.
Q. If there had been any visible signs upon them would 

you have seen them?
A. I  presume I  would have noticed them.
Q. And you state that you didn’t see any?
A. I didn’t see any.

[fol. 199] Q. Did they make any statement to you with 
reference to any such bruises or scars or marks ?

A. No.

Cross-examination.

By Mr. C atts:
Q. Do you still practice law in Hollywood?
A. Yes.



190

Q. Were you during the year 1933 practicing law in Holly­
wood?

A. Been practicing there continually since ’24 or ’25.
Q. At the time of this case down there you were in Holly­

wood?
A. Yes.
Q. How far is that from Fort Lauderdale?
A. About seven miles south of Lauderdale.
Q. Now, Mr. Mather, when were you first advised, and 

what day of the week and month that you had been appointed 
by anybody, and who advised you, to represent any of these 
defendants ?

A. I  can’t give you the date. I  don’t recall the first time 
I  discussed this, or whether the Judge discussed this with 
me. He wrote me a letter and told me to come in, and this 
was about a week or ten days or maybe two weeks prior to 
the grand jury indicting these boys. I  went in and discussed 
the matter of representation of them with him. I  told him 
I didn’t want to do it.

Q. You mean the representation of these two particular 
boys?

A. I represented two. He didn’t designate, he said if 
they were indicted he wanted me to represent two of the 
defendants.

Q. Did he ever after that tell you anything further about 
that, after they were indicted?

A. A day or so, may be two or three days, I  can’t recall 
right now, before the arraignment he sent for me and told 
me that I was to represent Jack Williamson and Walter 
Woodruff.

Q. That was after they were indicted?
A. I t was after they were indicted.
Q. Then two or three days before they were arraigned he 

sent for you and told you you were to represent who, Wil­
liamson and Woodward?

A. I  believe it was Jack Williamson.
Q. You know now what these boys names are?
A. Yes.

[fol. 200] Q. What?
A. Woodruff and Williamson.
Q. You know which is which?
A. The bright one is Williamson and the dark one is 

Woodruff.
Q. Woodruff, you say it is?



191

A. That’s my recollection after three years.
Q. Well did you remember at last term of court what their 

names were, did you remember down there in this last case 
in 1935 what these boys names were!

A. I  don’t know, I guess so.
Q. I  believe you say that after the indictment, and two or 

three days before they were arraigned, the Judge sent for 
you!

A. Yes, sir.
Q. And did you go and see the Judge; how did the Judge 

send for you at that time !
A. I  believe he phoned me, I  don’t recall, or he might 

have sent me a letter.
Q. How long after he phoned you before you went up to 

see him!
A. My recollection is I  went almost immediately.
Q. The same day!
A. Yes, I know I  went the same day I  got the message, 

whether it was a phone call or letter, I  forgot.
Q. Well on that occasion did you go to the jail to see these 

boys!
A. They were brought out into an ante room or corridor, 

I think you call it, to the jail.
Q. Was that the same day they were arraigned!
A. No, th a t’s the first time I  went up.
Q. Who brought them out!
A. I  don’t recall; one of the officers.
Q. One of the officers there in the jail brought them out!
A. Yes.
Q. And how many of them did he bring out!
A. I talked to two. I think they brought all four out.
Q. Which two did you talk to !
A. The ones the Judge appointed me to represent.
Q. Which two did you talk to !
A. The two in the center there.
Q. In the presence of each other at that time!
A. Yes.

[fol. 201] Q. How long did you talk to them at that time!
A. Oh, probably thirty minutes.
Q. Anybody else present while you were talking to them!
A. There were several in the corridor; there was no one 

around but the two boys and myself.
Q. Several officers of the law, or just several people!



192

A. If I  remember correctly, Mr. Griffis, who represented 
the other two boys was there at the same time.

Q. About how long after that date on which you saw them 
that time before they were arraigned!

A. Couple or three days, I  don’t recall.
Q. That was two or three days later after that time!
A. Yes.
Q. Do you know on what date the indictment was re­

turned !
A. I  do not.
Q. Did you ever see the indictment in this case!
A. Yes/
Q. I  will ask if you will look at this instrument and tell 

me on what date it was filed for record in the Clerk’s office 
and what day it was returned in Broward County!

A. Marked filed May 22, 1933.
Q. What date!
A. May 22,1933.
Q. That is the indictment, is i t !
A. Yes.
Mr. C atts: Your Honor, it is stipulated between counsel 

for petitioners and counsel for the State of Florida, that 
the two petitioners, Walter Woodward and Jack Williamson 
were arraigned in open court in the Circuit Court of 
Broward County May 24, 1933, as shown by the official tran­
script of record in that court.

Q. You remember that was the day on which they were 
arraigned, on the 24th of May is the date on which they 
were arraigned!

A. I presume the court records are correct.
Q. Then you were mistaken when you said there was two 

or three days before arraignment, but after the indictment, 
Judge Tedder called you and you went up to see the boys! 
[fol. 202] A. I  said I  talked to them, but my intention was 
to say a couple to three days, I  don’t remember the number 
of days prior to arraignment, but it was after they were 
indicted that I  talked to them.

Q. Now the record in the case shows they were indicted 
on May 22nd, and they were arraigned on May 24th—no 
two or three days intervening between that space of time!

A. No, hardly.
Q. Well, as an actual fact when you first talked to them, 

you didn’t talk to them before they were indicted!



193

A. No.
Q. Then it must have been the day after they were indicted 

you first talked to them, was it not!
A. Either that or the day they were indicted. I  don’t 

recall. I t  has been three years and I can’t remember exact 
minutes and hours between things that happened.

Q. You represented these boys when they entered a plea 
of guilty and received a sentence to be executed!

A. Yes.
A. And with that grave situation in mind you don’t recol­

lect the details in this case!
A. Not as to those things, not as to the hour and minute 

I called on them.
Q. You knew these alleged confessions were presumed to 

have been obtained about six o’clock in the morning, early, 
right after daylight, did you not!

A. I learned that, I believe, after the plea was entered.
Q. You learned that after the plea was entered and you 

made no investigation from the officers, or from any other 
source to find out how these confessions were obtained!

A. I  discussed this matter with the boys themselves.
Q. But you made no further independent investigation 

to determine the time of day or night, or any other time 
these confessions had been obtained. Did not the fact they 
were alleged to make the confessions at daylight call for 
some sort of action, to make some investigation!

Mr. M aire: Object.
The Court: Objection sustained.

[fol. 203] Q. In this particular case here, since you have 
been a witness today, have you been released from any priv­
ileged communication; have you asked the Court to release 
you from it, and are you freely and voluntarily testifying!

The Court: Restate your question.
Q. Mr. Mather, since you have been a witness in this case 

today, have you been advised by anybody, this court or 
either of these petitioners, that you were released from the 
relationship of attorney and client that existed between you 
at the time you obtained the information that you have 
given on the witness stand today!

Mr. M aire: Object to the question on the ground it is not 
an issue in this case.

13—195



194

The Court: Objection overruled.
Q. Have you been released from that duty you owe your 

clients, as a lawyer representing a client, to come into court 
and testify against them?

A. Mr. Catts, I  am not testifying against them.
Q. I  mean testifying to anything that happened?
A. I am telling the truth as I  know it.
Q. Have you been released by this court, or either of these 

defendants—petitioners—from the duty that you owe to 
them, to keep within your bosom anything that was com­
municated to you when the relationship of attorney and 
client existed between you; have you been released by any­
body here today?

A. I  have merely answered as best I  could.
Q. You realize as an attorney and client, or as an attorney, 

that your duty to any client that you represent, as a matter 
or legal ethics, requires you to keep scared in your breast 
and in your own mind anything th a t’s imparted to you as 
long as that relationship exists; you are familiar with those 
ethics, are you not ?

A. I  understand that.
[fol. 204] Q. And you have asked no one, you have not 
been released by either of the petitioners or this court from 
testifying today as to those things that happened when 
that relationship of attorney and client existed, have you?

A. No, I felt the truth wouldn’t hurt either the boys or 
anybody else.

Q. What?
A. I felt the truth would probably help this matter if I 

could throw any light on the subject.
Q. In spite of the fact you knew you were obligated to 

your clients to keep sacred in your breast anything that 
they imparted to you as client and attorney?

A. I didn’t know they imparted anything to me.
Q. But you are familiar with that?
A. Yes.

Redirect examination.
By Mr. M aire:

Q. Have you violated any rule of ethics that you know?
A. I  don’t think I  have.
Mr. Catts: Has anybody released you?
Mr. M aire: He has answered that question.



195

The Court: Is that the same question, or a different ques­
tion?

Mr. C atts: Yes, sir, th a t’s the same question. I will with­
draw it. He has answered it.

(Witness excused.)

[fol. 205] C harles H. G ordon, a witness previously sworn, 
was recalled, and testified on behalf of the State as follows:

Direct examination.

By Mr. Maire:
Q. Did you occupy any official position in Broward County 

on May 13,1933?
A. Yes, sir.
Q. What were you?
A. Deputy Clerk of the Circuit Court.
Q. Were you present in the court room yesterday when 

Walter Woodward, I believe it was, pointed you out and 
said you were present at the time a certain confession was 
taken from them?

A. Yes, sir, I  was.
Q. On Sunday morning the 21st day of May, 1933.
A. You mean was I present?
Q. Yes, when the confession was taken?
A. No.
Q. Were you present when that confession was taken?
A. I was not.
Q. When was the first time that you saw AValter Wood­

ward, or any of these petitioners in this case that you 
know of?

A. I  don’t think I had ever seen any of these defendants 
until they were brought in open court for trial.

Q. Were you present when they were arraigned?
A. Yes, I was present.
Q. Mr. Catts has brought out that they were arraigned on 

May 24, 1933, from the record; is that true?
Mr. C atts: Object.
The Court: Objection overruled.
Q. Did you see these defendants when they were ar­

raigned ?



196

A. I did.
Q. How close were you to them?
A. Between 2 and 5 feet, I  suppose.
Q. Did you on that occasion have the opportunity to ob­

serve the physical appearance of these defendants?
A. Yes.

[fol. 206] Q. Did you at that time see any signs of any 
fresh cuts, fresh scars, bruises or humps or wounds of any 
nature upon the visible parts of their body?

A. I  did not.
Q. Could you have seen such if they were there ?

Mr. Catts: Objected to as calling for the conclusion of 
the witness.

The Court: Objection sustained.

Cross-examination.

By Mr. C atts:
Q. You seem to be a little confused about Walter Wood­

ward having said that he saw you over there at the jail 
house on Sunday morning. You know anybody down there 
in Broward County that wears glasses, or a man that looks 
anything like you?

Mr. M aire: Object.
The Court: Objection sustained.

(Witness excused.)

T om J .  C o llin s , being first duly sworn by the Clerk, testi­
fied on behalf of the State as follows:

Direct examination.

By Mr. M aire:
Q. Were you a member of the jury that tried Izell Cham­

bers in Broward County on the charge of murder?
A. Yes, sir.
Q. Did you have an opportunity at that time to observe, 

not only the defendant Izell Chambers, but the other three 
petitioners that are now present before this court?

A. Yes, sir.



197

Q. Did you at that time see any signs upon the visible 
parts of their bodies of any scars, cuts, bruises or indica­
tion of that nature?

A. No, sir.
Q. How close were you to them at the time you saw them?
A. About four feet away.
Q. Did you hear all the testimony in that case?
A. Yes, sir.
Q. Did you hear all of them testify in that case?
A. Yes, sir.

[fol. 207] Q. Do you remember whether or not any of 
these petitioners testified at all with reference to any force 
or duress?

A. No, sir.
Q. Do you mean you don’t remember whether they testi­

fied; did they testify?
A. Yes, sir.
Q. Well do you remember what they testified with ref­

erence to force, violence or duress?
A. Yes, sir.
Q. What did they testify?
A. They testified that their confession was free and 

voluntary.

No Cross-examination.

(Witness excused.)

J. N. Cain, being first duly sworn by the Clerk, testified 
on behalf of the State as follows:

Direct examination.

By Mr. M aire:
Q. Mr. Cain, were you a member of the petit jury that 

tried Izell Chambers, one of the petitioners before the court, 
on the murder charge?

A. I  was.
Q. At that time did Izell Chambers and the three peti­

tioners all testify?
A. They did.
Q. Did you have occasion at that time to observe all of 

these four petitioners?



198

A. I  did.
Q. At that time did you see any signs of scars, fresh 

open wounds, bruise marks about the necks or beatings on 
the visible parts of the body of any of these petitioners?

A. I  did not.
Q. How close were you to them?
A. Oh, probably four or five feet.
Q. Did you hear the testimony all the way through?
A. I  did.
Q. Of all four of them?
A. I  did.

[fol. 208] Q. Do you remember whether or not there was 
any testimony in this case with respect to any beating or 
duress or force having been used?

A. I think there was not.
Q. What do you think was said?
A. That there was no force used to make them confess.

Mr. C atts: It is further stipulated between counsel for 
the petitioners and counsel for the State of Florida that the 
transcript of record of the minutes of the Circuit Court of 
Broward County, Florida, show that the petitioner Izell 
Chambers was tried in such court on the 12th day of June 
A. D. 1933.

Cross-examination.

By Mr. C atts:
Q. Mr. Cain, do you now recall on what day of the month 

of that year 1933 on which the trial was had, I  mean the 
year in which the trial was had, that these alleged con­
fessions were taken?

A. You mean the date of the trial?
Q. No, the date of the trial has just been stated to be 

June 12th; do you recall what day during that year the al­
leged confessions were supposed to have been taken?

A. No, sir.
Mr. Salisbury: That’s stipulated in the record.
Q. I t  is stipulated in the record also that these alleged 

confessions were supposed to have been taken on the 
morning of May 21, about six o’clock, 1933. Do you see at 
this time on these boys there any scars on any of them?

A. I  see some scars on them, yes.



199

Q. Did you see any scars on them that day of the trial?
A. I  see the ones th a t’s on there now.
Q. Which scars do you see now?
A. I  see the one on his forehead.
Q. Which boy?
A. This boy sitting on the end.
Q. You see any scars on any of the rest of them?
A. I  can’t see this fellow very good, the black one there, 

Jack Williamson.
[fol. 209] Q. What I am getting at, Mr. Cain, is th is : did 
you see any scars on these boys down there that day at a ll; 
did you look for any scars, old or new?

A. Well I  see the same scars I  see on this boy there.
Q. You see any others?
A. I  didn’t see any fresh scars.
Q. Well did you see any scars of any kind?
A. I  see the ones that I  see on this boy there now.
Q. Well, besides that one did you see any others ?
A. No, sir.
Q. (Addressing petitioner.) Jack, stand up there. Now 

get as close to him as you were the day on the witness stand. 
Turn sideways, now stand in front of him. Did you see 
those scars on him that day?

A. No, sir. Not on this boy, no, sir.
Q. You didn’t see the scar down the center of his head 

that day?
A. No, sir.
Q. I  mean this one in front?
A. I didn’t see any scar on him in front.
Q. Step up closer. Are you kind of hard of seeing, Mr. 

Cain?
A. No, sir.
Q. You see it now?
A. I  don’t see any scars.
Q. You don’t see this scar here?
A. I  see a little scar right there.
Q. That scar is about two inches long?
A. Yes, sir.
Q. You can see it now?
A. Yes, sir.
Q. You didn’t see the scar on that boy that day?
A. Not that day.

(W itn ess excused .)



200

[fol. 210] W . H. B lo u n t , being first d u ly  sworn b y  the 
Clerk, testified on behalf of the State as follows:

Direct examination.

By Mr. M aire:

Q. Mr. Blount, you know Charlie Davis, one of the peti­
tioners in this case?

A. I have seen him, yes, sir.
Q. Know him when you see him?
A. Yes, sir.
Q. You knowT Jack Williamson?
A. Yes, sir.
Q. Jack Williamson ever work for you?
A. Yes, sir.
Q. Where do you live?
A. Pompano.
Q. Did you live in Pompano in May, 1933 ?
A. Yes, sir.
Q. Lived there at the time Mr. Darcey was robbed and 

killed ?
A. Yes, sir.
Q. Did you see Charlie Davis—I will ask you th is : do you 

remember when there was an alleged confession taken from 
these petitioners?

A. I  remember about the time, yes, sir.
Q. Did you see Charlie Davis at any time after that in 

Pompano ?
A. Yes, sir.
Q. You remember when you saw Charlie?
A. Yes, sir.
Q. When?
A. They brought him up there and I  happened to see the 

sheriff and a deputy sheriff, or another man, and I  was 
down town, I says “ I  want to see what’s the m atter”  and I 
ran over there, and he went in my little house-----

Q. W ait a moment. You remember how long that was 
after this confession was taken?

A. I  think it was the next day. I  don’t remember the 
day exactly.

Q. How close were you to Charlie Davis at that time?
A. P art of the time I  could touch him.
Q. Did you have an opportunity to observe him closely?
A. Yes, sir.



201

Q. Did you at that time see signs of any fresh scars, 
bumps, marks, signs of beating or rope around his neck, 
or anything like that upon any part of his body?

A. No, sir.
Q. See any scars at all upon him?
A. No.

[fol. 211] Q. How long have you known Jack Williamson?
A. He worked for us several months before this trouble.
Q. You ever observe any signs of marks or scars upon 

him?
A. Yes, sir.
Q. When?
A. When he was working for us.
Q. Well was that before Mr. Darcey was killed or after?
A. Yes, sir, before he was killed.

Cross-examination.
By Mr. C atts:

Q. What kind of a scar did you observe on him?
A. He had scars all over him.
Q. What one particular scar that you remember; where 

was one particular scar on him that you remember ?
A. I think he had some on his face, some on his neck 

and some on his hands.
Q. What part of his head?
A. Right along here.
Q. Which side?
A. I don’t remember which side.
Q. You couldn’t look at him today and tell what condi­

tion the scars were, and the condition they were at the time ?
A. He told me he was in an automobile wreck. I asked 

him about it.
Q. That isn’t what I asked you? Could you look at him 

today and tell whether there are additional scars on him 
now than when you saw him last time?

A. No, I couldn’t do that.
(Witness excused.)

J o h n  D arsey, being first duly sworn by the Clerk, testi­
fied on behalf of the State as follows :

By Mr. M aire:
Q. Your name is John Darsey?
A. Yes, sir.



202

Q. You remember when Robert Darcey was robbed in 
Pompano?

A. Yes, sir.
Q. What makes you remember that?
Mr. Catts: Object.
The Court: Objection sustained.

[fol. 212] Mr. Catts : At this time I want to object. I have 
been letting counsel go ahead without objection, but I don’t 
think this occasion down there that they keep referring to 
in the language of counsel for the State is permissible under 
the issues that are now raised before the jury, and I want 
to object and move the Court to instruct the jury not to con­
sider it in any way in this case, the fact that counsel for 
the State has referred to a happening at a particular date 
as of the time a Mr. Darcey was robbed or killed, and I 
move to strike that from consideration by this jury.

The Court: Motion denied.
Q. Do you remember when one of these petitioners, Char­

lie Davis, was arrested?
A. Yes, sir.
Q. Where was he first placed when he was arrested?
A. Pompano jail.
Q. Where did you first see him that night?
A. That’s where I  saw him, in the Pompano jail.
Q. You know what time of night it was you saw him?
A. I  don’t know exactly, between 8 and 9 o’clock I  imag­

ine.
Q. Do you know Captain J. T. Williams ?
A. I  saw him.
Q. Where did you see him?
A. In Pompano.
Q. Where in Pompano?
A. Well he was all about town there.
Q. Well did you see Charlie Davis in Pompano?
A. Yes, sir.
Q. Did you see Captain Williams and Charlie Davis to­

gether at any time?
A. Yes, sir.
Q. Where?
A. At the jail.
Q. Who was present when you saw these two men there 

besides yourself?
A. Mr. Maddox, the Chief of Police.



203

Q, Were you present all the time Captain Williams was 
there ?

A. Yes, sir.
Q. Did you see Captain Williams do anything to Charlie 

Davis while he was there?
A. No, sir.
Q. Did he?
A. I  didn’t see him.
Q. You were there?
A. Yes, sir.

[fol. 213] Q. If he had could you have seen it?
A. Yes, sir.
Q. Did he strike him?
A. No.
Q. Beat him?
A. No.
Q. What did he do, if anything?
A. He just questioned him.
Q. Anything else?
A. That’s all.

Cross-examination.

By Mr. C atts:
Q. How long did you stay with Captain Williams that 

night ?
A. I didn’t stay with him any, I just went to the jail 

and he was there.
Q. And how long did you stay there at the jail?
A. Only a few minutes.
Q. Just a few minutes?
A. Yes, sir.
Q. And you left?
A. Yes, sir.
Q. Did you leave Captain Williams at the jail?
A. No, we all left.
Q. You don’t know whether he went back to the jail 

that night or not?
A. No, sir, I don’t know.

(W itn ess  excused .)



204

J. W. C olem an , being first duly duly sworn by the Clerk, 
testified on behalf of the State as follows:

Direct examination.
By Mr. Maire:

Q. Mr. Coleman, were you the official Court Reporter 
for the Circuit Court of Broward County on May 21, 1933?

A. I was.
Q. Are you the J. W. Coleman that it has been stipulated 

was present at the time some alleged confessions were taken 
from the petitioners in that case?

A. I  am.
Q. Did you have an opportunity to observe the persons 

of the petitioners, and all of them ?
A. Yes, sir.
Q. I  will ask you th is : do you remember how they were

dressed?
A. As I  remember, one of them had an undershirt on, of 

course I  can’t exactly remember.
[fol. 214] Q. How close were you to these petitioners, Mr. 
Coleman ?

A. I  was about as close as to this lady here (court re­
porter) except there was a table between us, and they were 
-—• the other side; I  was writing- on the table.

Q. Did you at that time observe any bruises or cuts or 
scars of any nature upon any of these petitioners ?

A. I  did not.
Q. Did anybody while you were present promise, beat or 

threaten any of them in any way or manner?
A. No, they did not.
Q. What was the general appearance of these petitioners 

at that time ?
A. Well they looked well, looked hale and hearty with the 

feed of peas and cornbread they had at the jail.
Mr. C atts: Object. Move to strike it.
The Court: The last part of it stricken.
Mr. M aire: We don’t  insist on the last part of it.

Cross-examination.
By Mr. C atts:

Q. Did you make any examination to determine whether 
there were any scars on the boys or not?



205

A. I  sat there at least thirty minutes looking at these 
negro boys, and there wasn’t one word said during that 
time. They were waiting on some other men to arrive, 
and I looked very closely at them, and th a t’s why I  answer- 
like I do. If I  hadn’t noticed them I  wouldn’t have an­
swered the question.

Q. You say there were no scars on the boys?
A. I  know there was scars on one of them, but it was one 

of them that had been in a handcar accident on the railroad, 
he testified to that himself.

Q. Where did you gain that knowledge?
A. In court.
Q. You didn’t gain that knowledge up there that morn­

ing ?
A. Not that morning.
Q. I am talking about that morning.
A. I didn’t see any scars.
Q. You didn’t  see any scars that morning?
A. No.
Q. See any on any of them ?
A. No, I  didn’t.
Q. You didn’t see any on them?
A. No.

[fol. 215] Q. As a matter of fact aren’t you more or less 
nearsighted ?

A. T hat’s easy to perceive I presume.
Q. You are nearsighted?
A. Yes, sir, but I can look at this lady and tell whether 

she is bruised up or has blood on her.
Q. If she had a scar two feet long down the side of her 

forehead you could see that?
A. Yes, sir.
Q. But you didn’t see any such scar on any of these de­

fendants that morning?
A. I  didn’t see any blood or any recently bruised scars.
Q. I mean any scars of any kind?
A. I didn’t see any scars of any kind.
(Witness excused.)



206

V irgil  W r ig h t , being first duly sworn b y  the Clerk, tes­
tified on behalf of the State as follows :

Direct examination.

By Mr. M aire:
Q. Did you hold any official position in Broward County 

on May 13, 1933?
A. Deputy Sheriff.
Q. You know the four petitioners in this case when you 

see them?
A. Yes, sir.
Q. You know Izell Chambers?
A. Yes, sir.
Q. Did you at any time ever beat Izell Chambers ?
A. No sir.
Q. You know Chief Maddox of Pompano and J. T. Wil­

liams ?
A. Yes, sir.
Q. Did either of these men ever beat him in your pres­

ence?
A. No, sir.
Q. You ever see anybody kick him?
A. No, sir.
Q. You know Walter Woodward?
A. Yes, sir.
Q. Did you or anybody in your presence ever hit, bruise 

or mistreat Walter Woodward?
A. No, sir.
Q. Did you or anybody in your presence ever hit, bruise 

and mistreat Charlie Davis?
A. No, sir.

[fol. 216] Q. Did you or anybody in your presence ever 
tie a rope around his neck and threaten to lynch him, or 
strike him with a rubber hose, or strike him with your fist 
and kick him ?

A. No, sir.
Q. Or point a pistol at him?
A. No, sir.
Q. You know Jack Williamson?
A. Yes, sir.
Q. You ever see Chief Maddox pull a gun or pistol and 

hit him with a black jack?
A. No, sir.



207

Q. You ever see A. D. Marshall or Bob Clark do that?
A. No, sir.
Q. Or do it yourself?
A. No.
Q. Have you in any way ever personally mistreated any 

of these petitioners ?
A. No, sir.
Q. Anybody in your presence ever threaten them?
A. They did not.
Q. You ever promise them anything?
A. No, sir.
Q. Any one in your presence ever promise them any­

thing?

Q. A ny b o d y  in your presence ever strike, hit, beat or tie 
a rope around their neck, stick a pistol at them, hit them 
with a black jack or mistreat them in any way at any time?

A. No, sir.
Q. Were you present on Sunday morning, May 21, 1933, 

when the confessions were taken from these petitioners ?
A. No, sir.
Q. Do you know whether Chief Maddox was present at 

that time ?
A. He was not.
Q. How do you know?
A. He was with me.
Q. Where was he with you?
A. At Pompano and Deerfield; he was with me until three 

o’clock Sunday morning.
Q. Did you see these petitioners or any of them at any 

time soon after they were arrested?
A. I see all of them Monday morning after they were 

arrested Sunday night.
Q. Did you ever see any marks or scars or bruises, fresh 

scars, upon any part of their body, of the bodies of any one 
of these four petitioners?

A. No, sir, I  see some old scars on one of them.
Q. Which one did you see them on?
A. Jack Williamson.
Q. Was that after he was arrested?
A. Monday morning after he was arrested.

[fol. 217] Q. You know what night he was arrested?
A. Sunday afternoon or Sunday night, I wouldn’t be 

positive which.



208

Q. And you saw Mm on the following day, Monday!
A. Yes, sir.
Q. You know whether that Monday was before or after 

the confessions were taken!
A. Before.
Q. And you saw the marks testified to at that time!
A. Yes, sir.
Q. Have you at any time seen any marks and fresh scars 

or wounds and abrasions, sores or bumps upon the bodies 
of any of these petitioners!

A. No, sir.
Q. Other than what you have testified about!
A. No, sir.

Cross-examination.

By Mr. Catts:
Q. Mr. Wright, were you present as arresting officer 

when any of these petitioners were arrested!
A. No, sir.
Q. You don’t know of your own knowledge what time they 

were arrested!
A. No, sir, I  don’t.
Q. When was the first time that you saw them!
A. On Monday morning after they were arrested Sunday 

evening.
Q. About what time Monday morning!
A. Well, between 9.30 and 10 o’clock, probably around 

10 o ’clock.
Q. Where did you see them!
A. In the jail, in what we call the bull pen.
Q. Were they all in the bull pen at that time!
A. Well I talked to Jack Williamson, and Walter Wood­

ward and Izell Chambers was in there ; I  clidn’t talk to 
them. Williamson had come up to the bars and I asked him 
how come the scars on him, I  said “ looks like somebody had 
hold of you sometime” , and he said “ no, sir,” he got into 
a motor car wreck in working on a section, “ I  was in a 
motor car wreck and I was in the hospital about a month 
or six weeks.”

Q. You said three of them were there in the bull pen at 
that time!

A. I  am pretty sure they was.
Q. Did you talk to the other two at that tim e!



209

[fol. 218] A. No, sir, I  didn’t talk to any of the rest of 
them.

Q. How many people did the officers have in Broward 
County jail at that time!

A. They had a lot in connection with th is ; I  don’t know, 
I didn’t make any arrests and wasn’t with them at any 
arrest and I wasn’t around the court house, only in and out. 
If I took a prisoner in Mr. Marshall would take them up in 
the jail and lock them up, and I don’t think I  was in the 
jail twice that week—I don’t think more than three times 
that week.

Q. Now at the times you were at the jail, or the three 
times that week, did you see these boys on any other occa­
sion?

A. No, sir, I didn’t have any occasion to see them any 
other time.

Q. Did you ever during that week at any time, and up to 
the nest Monday morning at sis o’clock, ever talk to any 
of these petitioners?

A. No, sir.
Q. And didn’t see them?
A. No, sir.
Q. You didn’t even know, as far as your knowledge is 

concerned, where they were in the jail at that time?
A. No, sir, I did not.
Q. Were you at the jail on Saturday night, May 20th, or 

Sunday morning, May 21st, at any time ?
A. No, sir I was not up there; I was up there Sunday 

morning after they made the confession.
Q. But you weren’t there at any time on Saturday night?
A. No, sir, I  was not. Me and Chief Maddox of Pompano 

was working together.
Q. You didn’t at any other time?
A. I didn’t see any of them until the nest Monday morn­

ing.
(Witness excused.)

14—195



210

[fol. 219] W . C. G oodrich , being first d u ly  sworn by the 
Clerk, testified on behalf of the State as follows:

Direct examination.
By Mr. M aire:

Q. Did you occupy any official position in Broward 
County on the 13th of May, 1933?

A. Yes, sir.
Q. What was it?
A. Deputy sheriff.
Q. You know the petitioners in this case when you see 

them?
A. Yes, sir.
Q. You know anything about the arrest of any of them?
A. Yes, sir.
Q. Did you arrest, or were you present when any of them 

were arrested?
A. Three of them.
Q. Who?
A. Jack, Walter and Izell.
Q. Where were they arrested?
A. In Pompano, in what they call Blount’s quarters.
Q. Who was present when they were arrested?
A. Deputy sheriff Bob Clark, and Chief of Police at that 

time of Pompano.
Q. You remember his name?
A. Maddox.
Q. Any one else?
A. Helton; he wasn’t an officer.
Q. What was done with them after they were arrested?
A. Sent them to jail, carried them to jail.
Q. Did you accompany them to jail?
A. No, sir.
Q. You know Chief Maddox when you see him?
A. Yes, sir.
Q. Did you ever see Chief Maddox beat Izell Chambers, 

Walter Woodward or Jack Williamson?
A. No, sir.
Q. Did you ever yourself, or any one in your presence 

beat or strike or point a pistol at, beat with a rubber hose 
or beat with a stick any one of them?

A. No.
Q. Did you ever see J. T. Williams threaten them or mis­

treat them in any way?



211

A. No, sir.
[fol. 220] Q. You ever see these petitioners or any of them 
after they were brought to Broward County court house?

A. You mean after they were put in jail?
Q. Yes.
A. Yes, sir.
Q. When was the next time you saw them?
A. After they were arrested you mean?
Q. Yes.
A. I  saw them the next day.
Q. You see them through that week?
A. All through the week, yes sir.
Q. Were you one of the men that was present when the 

confession was taken Sunday morning, May 21st?
A. Yes, sir.
Q. Were you in the jail house Saturday night and Sun­

day morning that the confessions were taken?
A. Practically all the tim e; I made one or two little trips 

and right back.
Q. Were there any other colored people in the jail at that 

time?
A. Yes, sir.
Q. You know whether or not anybody was questioned 

that night besides these four petitioners?
A. Not to my knowledge, I don’t recall it.
Q. You know whether there were or weren’t?
A. I don’t recall any one else being questioned.
Q. Were you there the whole night?
A. Practically.
Q. How late were you there, Mr. Goodrich?
A. I was around the jail house until about midnight, and 

then I  went home, and the Sheriff called me up between 
around 1.30, and I got up and came back to the court house 
and made twm runs out, and right back, probably gone 
twenty or thirty minutes each time, and the rest of the time 
I was in the jail.

Q. At this time you were present was Walter Woodward 
continually beaten, kicked and bruised?

A. He was not.
Q. On that night was he taken by Captain Williams and 

placed in a chair in a room where some eight or nine men 
with pistols, black jacks and rubber hose, and was he beaten 
by these men at this time?

A. No, sir.



212

Q. Did you see Captain Williams strike W alter Wood­
ward on the jaw and bring blood from it?

A. No, sir.
Mr. C atts: Object to bis asking leading questions.
The Court: Objection overruled.

[fol. 221] Q. Did you see Captain Williams, or anybody 
else, give Walter Woodward at that time a kick in bis shin 
and hit him over the shoulders and arms with a rubber 
hose until 10:30 o’clock that night?

A. No, sir.
Q. You ever see anybody tie a grass rope around Walter 

Woodward’s neck and hear anybody say they would kill 
him if he didn’t come clean?

A. No, sir.
Q. Did anybody in your presence tell him they would take 

him up to the west Dixie and have a necktie party and riddle 
his body with bullets?

A. No, sir.
Q. Were you present at six o’clock in the morning when 

he was taken out of his cell and taken to the sheriff’s office 
and a noose placed about his neck and he was kicked and 
beaten again?

A. No, sir.
Q. Was blood running in profusion over his clothing?
A. No, sir.
Q. Were there any signs upon his head and shoulders 

or on any visible parts of his body?
A. There was not.
Q. Were there any signs of beating, scars or bruises or 

swellings or cuts that you could see?
A. No.
Q. Were you present on the night of May 20th when 

Charlie Davis was questioned?
A. May 20th, the same night?
Q. Saturday night, the same night?
A. Yes, sir.
Q. Was he taken out of his cell and placed in a chair 

in the sheriff’s office, and then knocked out of the chair 
against the brick wall of the room, knocked almost sense­
less?

A. He wasn’t. No brick wall in the sheriff’s office.
Q. Was he struck at?
A. No, sir.



213

Q. Hit and kicked to a wall?
A. No, sir.
Q. Did you or anybody in your presence, beat him about 

the head, arms and shoulders with a rubber hose, or did 
you, or anybody in your presence, pull a gun, point it to­
ward him and have your finger on the trigger and say he 
would kill him if he didn’t confess the crime?

A. No, sir.
Q. Did you see Jack Williamson on the night of May 

20, 1932?
A. Yes, sir.

[fol. 222] Q. Do you know whether or not during the en­
tire week prior to May 20th, Jack Williamson was walked 
back and forth from his cell to the sheriff’s office and some­
times all night; you know whether that is true or not?

A. It is not.
Q. On the Saturday night of May 20th, was Jack William­

son placed in a chair in the sheriff’s office and hit twice over 
the head with a pistol by Chief Maddox?

A. No, sir.
Q. You know whether Chief Maddox was there that 

night ?
A. He was not.
Q. Was Virgil Wright?
A. He was a very short time.
Q. What part of the night?
A. The early part of the night.
Q. Was Charles Cordon there?
A. No, sir.
Q. At any time?
A. Not to my knowledge.
Q. Did you or anybody at all that night hit Jack Wil­

liamson with a pistol, and did blood run profusely all over 
his eyes and face?

A. No, sir.
Q. Were there any signs of that on him when the con­

fessions were taken the following morning?
A. No, sir.
Q. Were you present when they put a rope around his 

neck?
A. No, sir.
Q. Was that done at any time you were present?
A. No, sir.



214

Q. Anri the rope thrown over some piping arrangement 
in the cell?

A. Thrown over piping in the cell?
Q. Yes.
A. There is no piping in the cell that I know of.
Q. Then did that happen?
A. No, sir.
Q. Did Chief Maddox place a pistol against his neck 

and strike him with it, when he was seated in the sheriff’s 
office?

A. No, sir.
Q. On the night of the 20th, or either the 21st day of 

May, was Jack Williamson kicked by you or anybody in 
your presence, when asked to identify Charlie Davis, and 
told if he didn’t he would be beaten and punished more than 
he had already been beaten ?

A. No, sir.
Q. Do you know anything about Izell Chambers, from 

May 13th until the 21st day of May, 1933; did they walk 
[fol. 223] him back and forth from one part of the jail to 
the other all night long?

A. No, sir, he was not.
Q. Were you present on the night of the 20th of May 

when he was questioned?
A. Yes, sir.
Q. Was he brought from his cell to the office of the 

sheriff, seated in a chair in the presence of you and some 
eight or nine men, and did Captain J. T. Williams grab 
him by the throat, using a violent oath, and strike him a 
number of times in the face causing blood to run from his 
eyes and nose?

A. No.
Q. Did you see any blood on his eyes and nose at the 

time of making the confession?
A. No, sir.
Q. Did Captain Williams, or you, or anybody in your 

presence at that time say they would kill Izell Chambers 
unless he implicated the other three, and also admitted 
his own guilt?

A. No.
Q. How were they questioned when you saw any of them ?
A. Each one was questioned.
Q. Any force used?
A. No, sir.



215

Q. Any promise made?
A. No, sir, nothing whatsoever, any more than they would 

question each one of the boys, any more than you are 
questioning me.

Q. Were any of them kept all night long?
Q. No, sir, there was none of them ever kept up all night 

long.
Q. Yon know whether or not they had opportunity to 

sleep that night ?
A. They did have opportunity to sleep.
Q. Have you any way of ascertaining or telling just how 

much time they had to sleep that night?
A. Well I  would judge that they had, each one of them 

would have fully half a night’s sleep, or longer, if they 
slept at the time they were in their cells, and wanted to.

Q. How long at a time, if you know, were they questioned?
A. I  would judge fifteen or twenty minutes, may he a 

little longer.
Q. After they were questioned fifteen or twenty minutes, 

[fol. 224] what were they allowed to do, if anything?
A. Go back to their cell.

Cross-examination.
By Mr. C atts:

Q. Mr. Goodrich, you say you were one of the arresting 
officers of three of these defendants, or petitioners?

A. Yes, sir.
Q. At whose place did you arrest them up in Mr. Blount’s 

quarters ?
A. I  don’t know, I  think they called it Jack Williamson’s 

place, I  am not positive. He seemed to be the owner of i t ; 
one reason I would say that, he was there, and there was 
only one bed or cot in the room, and he was sleeping on 
that, and the other two were on the floor.

Q. Now when you went there to that house that night 
about what time was it?

A. It was I should judge around eight o’clock, I don’t 
know for sure. I t was after dark.

Q. They were all asleep when you went in there?
A. They pretended to be asleep; I think they were awake 

from the way they woke up when we went in.
Q. How did you get in the house?
A. I  went to the front door and the other two officers 

went to the side and back, and I  just walked in.



2 1 6

Q. The door was open?
A. The door was open.
Q. What was the first thing you did after you got inside 

the house that night?
A. They seemed to be asleep and I tapped Jack William­

son on the feet with my billy, and the three raised up at 
the same time.

Q. What do you call “ tapping” ?
A. Well I  would call it—I don’t know unless it would be 

just a little shock of some kind to wake him up, if he had 
been asleep.

Q. You didn’t hit him very hard?
A. No, sir.
Q. You tapped him with your billy at the time?
A. Yes, sir.
Q. They were taken to Broward County jail from there?
A. Yes, sir.
Q. When was the next time you saw them?
A. The next time I  saw them was the next morning.
Q. You didn’t take them there yourself to Broward 

County jail?
A. No, sir.

[fol. 225] Q. Did you see Captain Williams that same 
night, the same night you arrested these boys?

A. Yes, sir.
Q. Who is Captain Williams.
A. I don’t know how to explain who he is, I really couldn’t 

answer that question.
Q. Well, was that the first time you ever see Captain 

Williams in your life, the night you arrested these boys?
A. No, I  had seen1 him before.
Q. When?
A. The night before.
Q. Saturday night?
A. Yes, sir.
Q. Where did you see him Saturday night?
A. I  saw him in Pompano.
Q. What kind of a looking man is he?
A. A large m an; healthy looking fellow; is that what you 

mean?
Q. Yes. Large as Mr. Wright?
A. I don’t think he is as large as Mr. Wright.
Q. As large as you are?
A. Yes, sir.



217

Q. Larger!
A. I  imagine some larger.
Q. Where did you see Captain Williams that night you 

arrested these boys?
A. Well I  don’t know whether it was in Lauderdale or 

Pompano.
Q. Did you go back down to Port Lauderdale on Sunday 

night ?
A. I  went back later on.
Q. Now getting back down to Monday; did you see any 

of these boys on Monday!
A. Yes, sir.
Q. Whereabouts?
A. In jail.
Q. Whereabouts in the jail?
A. In a cell.
Q. You know what they call the bull pen; do you have 

more than one bull pen down there, just one?
A. Plave a bull pen on each floor.
Q. Which one of those bull pens were these boys in at 

that time, or were they all in the same one?
A. I think they were all in the same cell block.
Q. Which one, what floor of the jail was it?
A. Third floor.
Q. And where is the other bull pen?
A. Fourth floor.
Q. On which one of these floors is the jailer’s quarters?
A. Fourth.
Q. Is that the one that had the bed and radio set in it 

on the fourth floor?
A. Yes, sir.

[fol. 226] Q. And this was the first time you saw them on 
Monday, was on the third floor in the bull pen?

A. I  am not positive. I  wasn’t the jailer, I wasn’t the 
warden of the jail; I  had access of course, if I had any 
business up there with any prisoners.

Q. Did you have on that day business with these prison­
ers?

A. I was up there that day.
Q. Talk to them?
A. I don’t recall whether I talked to them or not.
Q. You recall talking to any of them?
A. I  don’t recall whether I had anything to say to them 

or not.



218

Q. Did yon during the week talk to any of the four ?
A. Several times I  did.
Q. And what did you talk to them about, and which ones, 

the first time that week, when did you talk to any one 
of them?

A. In the jail.
Q. What part of the jail?
A. I  don’t recall.
Q. How many times that week do you say you talked 

to any one of them?
A. I  don’t recall how many times. I  was backwards and 

forwards, and they were there with other prisoners.
Q. Did you talk to them about this case down there; did 

you ever talk to these petitioners that you remember, did 
you ever have occasion to talk to them during that week, 
from the time they were arrested on Sunday night until 
the following Monday morning?

A. Yes, sir, I  was with them some when they were ques­
tioned.

Q. Where was this questioning going on, what part of 
the jail?

A. Well I  remember distinctly questioning them once on 
the third floor of the jail, which ones I  don’t remember.

Q. You mean th a t’s in the bull pen; you didn’t take them 
out of the bull pen; you said the third floor of the jail, 
what part of the jail?

A. Where the cells are.
Q. You don’t know which one of them you questioned?
A. I  do not, I  don’t recall.
Q. Who Avas Avith you when you questioned them at th a t  

time?
A. I  don’t recall that.
Q. Were you in and out of the jail every day during 

that Aveek.
A. Yes, sir.

[fo l. 227] Q. D id  y o u  a t  a n y  tim e  q u e s tio n  a n y  one of 
th e se  p r is o n e r s ,  o r  th e se  p e ti t io n e r s ,  o r  w e re  y o u  p re s e n t  
on  a n y  occasio n  d u r in g  th a t  Aveek, f ro m  S u n d a y  to  S u n d ay , 
w h en  th e y  Avere b e in g  q u e s tio n e d  b y  a n y  officer o f  th e  laAV, 
o r  a n y  p e rs o n  n o t  a n  officer o f  th e  law , Avhen th e y  Avere o u t­
s id e  o f  th e  b u ll p e n  ?

A. Yes, sir, I  was in their presence some Avhen they were 
being questioned.



219

Q. Where was this place they were being questioned out­
side this bull pen, whereabouts was that in this jail.

A. Outside of the bull pen, or regular cells, I don’t recall 
whether we was in the warden’s office or not. I  do remem­
ber we had quite a few in there we were questioning all along, 
and I don’t recall just which ones.

Q. You say now you recall being present when some of 
these boys were questioned where were you?

A. In the cell, in the cell bos.
Q. Any time they were out of the cell bos?
A. I don’t recall questioning them any outside the cell 

bos.
Q. Were you present when any one else questioned them?
A. Yes, sir. I don’t recall whether it was in the war­

den’s office.
Q. As a matter of fact, during that week, is it not a fact 

that the officers of Broward County were in that jail almost 
continually during the whole of the week questioning these 
boys, and other boys, in connection with this?

A. Yes, sir, off and on.
Q. Practically the whole week. You wouldn’t attempt 

to tell this jury how many times you were present when 
these boys were being questioned?

A. That’s what I said, we had quite a few in jail.
Q. How many would you say you arrested down there in 

connection with it ?
A. I don’t recall how many there was.
Q. But all during the week you were continually ques­

tioning somebody in connection with this case ?
A. Well I  wasn’t all the time.
Q. I didn’t mean you, but somebody else in your presence 

or the office force down there?
A. I wouldn’t say that, not all the time.
Q. How often during that week were these boys out being 

questioned by the other people ?
A. I  couldn’t answer that, because I had other duties, 

and my duties was all over the building, I was in and out 
on other duties of the sheriff’s office, and I couldn’t under­
take to answer that question.
[fol. 228] Q. All I  ask is the times you know of?

A. Well I can’t answer that question intelligently be­
cause-



220

Q. Do you know these boys were questioned more than 
one time by the officers of the law and by yourself, and in 
your presence !

A. More than one time !
Q. Yes.
A. I  suppose they were.
Q. Will you swear they weren’t!
A. No, sir.
Q. Would you swear they were not questioned as many 

as twenty times that week!
A. No, sir, I  wouldn’t make a statement to that effect.
Q. You just won’t make a statement of your own knowl­

edge how many times you can recall!
A. I wouldn’t make any statement about anything like 

that, I am not positive of it. I  don’t know whether two 
times or twenty times.

Q. Now on the Saturday night, I  believe you said you 
were present all that night, except from the time the Sheriff 
let you go home about 12 o’clock, and called you about 
1.30!

A. Yes, sir.
Q. You made two about thirty minute errands awav from 

the jail!
A. Yes, sir.
Q. And you were present at the jail the rest of the time 

during that night!
A. Yes.
Q. I believe Mr. Maire asked you the question if there 

were the only boys that were questioned up there that time 
in the jailers quarters, and you said the only ones to your 
knowledge!

A. T hat’s correct.
Q. What time did you go to the jail first that Saturday 

night before the Sunday morning!
A. Well I  was around the jail all Saturday and the early 

part of Saturday evening.
Q. When was the first time during Saturday they started 

questioning any of these boys, and which was the first one 
they started to question!

A. I  don’t recall when they first started.
Q. Did you see them question anybody before dark!
A. I don’t recall.
Q. Did you see them question anybody after dark!
A. I  don’t recall whether I  saw them after dark.



221

[fol. 229] Q. You see them question any of these boys 
Saturday night at all ?

A. Yes, sir.
Q. When did you see them?
A. Well I  was called for that purpose by the Sheriff, when 

I came in they were questioning them.
Q. What time of night was that?
A. I  stated it was about 1.30.
Q. That was the first time that night you had seen them 

questioning any one of them?
A. I  said I  didn’t recall before that.
Q. Didn’t you tell Mr. Maire that all night they would 

bring them out and keep them out for ten or fifteen minutes, 
and let them go back and stay for two hours ?

A. Yes, sir.
Q. These are the same four boys you are talking about ?
A. Yes, sir.
Q. Then you recall you did see them go out and come back 

in the early part of the night ?
A. I  don’t recall who they questioned and when they were 

questioned, but they were called after midnight.
Q. Do you recall, Mr. Goodrich that before midnight that 

they were brought out from time to time; were they brought 
out from their cells and brought into these quarters up 
there; did you see them when they were brought out there ?

A. I saw them questioning, where they were questioning I 
don’t recall.

Q. You saw them questioning?
A. I  saw them when they were bringing them back and 

forward.
Q. What time of night did they begin?
A. Off and on through the night.
Q. Didn’t they start shortly after dark, or before dark?
A. I don’t remember when it w as; it was before midnight.
Q. I t didn’t start before midnight?
A. Yes, sir.
Q. What part of the night was it you told the jury they 

had an opportunity to sleep ?
A. In the early part of the night and then after they ques­

tioned them they let them go back and stay a couple of 
hours or more.
[fol. 230] Q. From the time you were called back over 
there at 1.30 to daylight, didn’t they continually have some­
body in that room down there questioning them ?



222

A. Yes, sir.
Q. None of them while they were present down there had 

an opportunity to sleep?
A. They had an opportunity to go back to their cell.
Q. Now from about 1.30 in the morning when you were 

called back there until 6.30, they continued to have one of 
these four boys in the room?

A. I wasn’t there all the time.
Q. Well, during the time you were there?
A. Yes, sir.
Q. Well, from that time on they had one of these boys con­

tinually there in that room and asking questions ?
A. As I  remember.
Q. Who was doing the questioning during the time you 

were there ?
A. I don’t recall.
Q. Well, who was there?
A. I don’t recall.
Q. Was Sheriff Clark there?
A. Yes, sir. He was in and out, I  don’t recall whether he 

was there all the time or not.
Q. You know Captain Williams ?
A. Yes, sir.
Q. Was he there?
A. He was there some, to my knowledge.
Q. He was around the jail all the time you were around 

there that night ?
A. I  remember he was there.
Q. Did you ever see Captain Williams in that room where 

they questioned these four boys that night?
A. Yes, sir.
Q. And who was doing the questioning at the time that you 

saw them being questioned ?
A. I don’t recall. I  know the Sheriff was there. I  don’t 

know whether he was there all night.
Q. I  mean any one time?
A. I remember the Sheriff and Captain Williams ques­

tioned them, and I  remember the Sheriff.
Q. Captain Williams was questioning them and the 

Sheriff was questioning them?
A. I  remember both of them being there.
Q. Of course you saw the jailer there that night?
A. Yes, sir.
Q. Mr. Marshall?



223

A. Yes, sir.
Q. Was he the gentleman that would go back and forth 

and bring these boys back and forth!
A. Yes, sir.

[fol. 231] Q. Did you see Mr. Helton there that night!
A. I don’t  recall. I  see him the latter part, after I  went 

back the second time I saw him.
Q. Did you ever see him up in the room when this ques­

tioning was going on!
A. Yes, sir.
Q. And did you see up there that night Mr. Bob Clark!
A. No, sir.
Q. Did you see Mr. Bob Clark around the jail at all that 

night!
A. I  see him around the court house, I  don’t know as I 

saw him around the jail any part of the night.
Q. You never saw him up in the room where the question­

ing was going on !
A. No, sir.
Q. You saw Captain Williams in there some time while 

you were there, and you saw Bob Clark around the court 
room, which is on the same floor!

A. I  said around the court house; I  refer to the Sheriff’s 
office as being in the court house; th a t’s down below.

Q. Well did you see Mr. Helton around there!
A. Yes, sir.
Q. While the questioning was going on!
A. Yes, sir.
Q. Hear him do any questioning!
A. I don’t recall him questioning.
Q. But he was present when other people were question­

ing!
A. Yes, sir.
Q. How long when they would send one of these boys back 

before they would bring out another!
A. Why I don’t know, I wouldn’t time them. I would 

imagine give them time to get up and dress and come out 
wherever they wanted to take them.

Q. Just about the time it would take them to get up and 
dress. Did they tell him when they sent out one of them 
which one to bring back!

A. I don’t know. I  suppose the Sheriff would tell Mr. 
Marshall which one to bring out.



224

Q. Did you hear the Sheriff tell Mr. Marshall which one 
to bring out ?

A. Did I.
Q. Did you hear Mr. Williams tell Mr. Marshall which one 

[fol. 232] to bring out?
A. I suppose naturally he would take his orders from the 

Sheriff, which one to bring out.
Q. That takes care of the situation from the time you came 

back at 1.30, and th a t’s practically all the people you know 
were there in that room when the questioning was going on?

A. Yes, sir.
Q. I  believe you said you saw them take them back and 

forth before twelve?
A. Yes, sir.
Q. And what was the earliest that night you can now re­

call you saw them take anybody back and forth?
A. I  don’t recall.
Q. I thought you said it was before you went home?
A. I don’t recall what time of night it was.
Q. As a matter of fact it was going on all night, taking 

them back and forth all night long.
A. I  would rather not say only the time I  was actually 

there. I was in and out of the jail before midnight.
Q. You were at the jail some before midnight, were you?
A. I  was there from 1.30 or 2, off and on, until daylight.
Q. Now did you see them taking them back and forth, not 

that you heard what they said or where they went, but did 
you see them taking these back and forth as much before 
midnight as they did after midnight?

A. No, I  wasn’t up there.
Q. You weren’t up there where you could see it in the 

early part of the night; is that right?
A. Well I just remember being in and out of the jail up 

until midnight, but from them on, from 1.30 or 2 o’clock-----
Q. Around the court house all the time, but not in the jail?
A. Yes, sir.
Q. The jail and court are in one big building, aren’t they?
A. Yes, sir.
Q. You were around the vicinity of the jail and court 

house all during the fore part of the evening?
A. I wasn’t around the Sheriff’s office all the time; I  was 

in and out.
Q. But during some part of the evening you did see them 

taking them back and forth?



225

A. I  said I didn’t recall their taking them back and forth 
[fol. 233] the first part of the evening.

Q. You said you didn’t recall their taking them back and 
forth before midnight; you didn’t know what time it was ?

A. I said I  didn’t know how near midnight it was.
Q. You did before midnight see them take these boys, or 

some of these boys back and forth to some place in the jail 
house ?

A. Yes, sir.
Q. Did you see the cook up there that night ?
A. Yes, sir.
Q. What was he doing around there?
A. I  don’t know what he was doing.
Q. Jail cook; was he serving sandwiches and coffee?
A. I  don’t know.
Q. You see any coffee or sandwiches?
A. No.
Q. He didn’t serve you any?
A. No.
Q. You stayed there, except the two thirty minute periods 

after you come back there, until around 6.30 in the morning; 
you were there all during that time ?

A. Yes, sir.
Q. You went away for thirty minutes on two occasions ?
A. Yes, sir.
Q. Are you sure they didn’t keep any of these boys up 

there for a period of time longer than fifteen or twenty min­
utes ?

A., I  judge about that time.
Q. Keep them all up there approximately the same time?
A. I  didn’t time them, I don’t know.
Q. You just know they were bringing one or the other of 

them back and forth about that time while you were there, 
from 1.30 until about six o ’clock; is that right?

A. Yes, sir.
Q. You know anything about their taking two of these 

boys to Miami, to Dade County jail, at any time during that 
week?

A. I know one of them was in Dade County, I  don’t recall 
whether two of them.

Q. Which one of them do you recall was?
A. Izell, I think.

15—195



2 2 6

Q. Izell Chambers?
A. Yes, sir.
Q. Yon know who took him down?
A. I don’t recall who took him down.

[fol. 234] Q. You didn’t  take him down?
A. No, sir.
Q. When was the last time you saw Captain Williams ?
A. I think that same summer was the last time I  have seen 

him, I  am not positive.
Q. Did you say you did see him around the jail house 

several times during that week?
A. Yes, sir.

Redirect examination.
By Mr. M aire:

Q. Mr. Goodrich, you are not telling the jury or swearing 
that the cook didn’t serve coffee and sandwiches that night?

A. No, sir. I  said he didn’t serve me any. He was around 
all through the night.

Recross-examination.
By Mr. C atts:

Q. Do you mean to say, Mr. Goodrich, that the cook was 
not up there, or just you didn’t see him?

A. I said he was around there but he didn’t serve me any 
sandwiches.

Q. Did you see anybody else served sandwiches, or any­
body else eating sandwiches?

A. I don’t recall seeing any sandwiches.
Q. Do you now remember seeing anybody else up there 

that night connected with the jail, or any officer or any per­
son working with the officers up there, other than the ones 
you have named ?

A. You mean during the early part of the night?
Q. Yes, the early or late part of the night, any time before 

6.30 the next morning?
A. I  don’t know what time it was I  don’t recall what time 

it was that I  saw some others there.
Q. Did you see Mr. Maire there any time during the 

night ?
A. I  didn’t see him until I saw him the next morning.
(Witness excused.)



227

[fol. 235] R . C. H e l t o n , being first duly sworn by the 
Clerk, testified on behalf of the State as follows :

Direct examination.
By Mr. Salisbury:

Q. On May 13th, 1933, did you hold any official position 
in the County of Broward or City of Pompano?

A. Yes, sir, I  was constable.
Q. Do you know who Charlie Davis is?
A. Yes, sir.
Q. Do you recall when Charlie Davis was arrested down 

there at Pompano?
A. Yes, sir. ' ^
Q. You recall what date that way?
A. I don’t know the date; it was on a Saturday night.
Q. You recall when in relation to the time Mr. Darcey was 

robbed?
A. Yes, sir, the same night.
Q. Do you know Captain J. T. Williams?
A. Yes, sir.
Q. Were you present in the Pompano jail when Captain 

Williams questioned Davis?
A. Yes, sir.
Q. Were you present with Captain Williams the whole 

time?
A. Not all the time; part of the time.
Q. Did you leave at the same time Captain Williams left, 

or did you leave before?
A. I left when he left.
Q. At any time while you were there did you see Captain 

Williams strike Charlie Davis with any object, or with his 
fist, pistol or black jack or anything?

A. No, sir.
Q. Did you see any blood on Charlie Davis’ clothes or 

body that night in the Pompano jail?
A. No, sir.
Q. You know the other defendants by sight sitting there?
A. Yes, sir.
Q. When did you next see Charlie Davis, and when did 

you see the other defendants and where?
A. I saw Charlie Davis the next day.
Q. And where?
A. I think I saw him down in Pompano jail before they 

moved him from there; then I  saw him in Lauderdale.



2 2 8

Q. In the Broward County jail at Lauderdale?
A. Yes, sir.

[fol. 236] Q. You see the other three defendants at the 
same time?

A. I don’t think when I first saw the others that Charlie 
Davis was with them.

Q. Where were they kept in the Broward County jail?
A. Some on the third floor and some on the fourth floor. 

There is two separate floors there, I  don’t know whether 
they call them third or fourth or not.

Q. Were you around Broward County jail the whole week 
following the arrest of the four defendants?

A. Not the whole week; off and on.
Q. Were you there off and on for the whole week?
A. Yes sir.
Q. At any time did you, or did any one in your presence 

ever strike any of the defendants with their fist or with any 
object, a pistol or black jack?

A. No, sir.
Q. Any one tie a rope around any of the defendants’ necks 

and threaten to string them up if they didn’t confess?
A. No, sir.
Q. Were you at the jail Saturday night, May 20, and Sun­

day morning May 21st ?
A. Yes, sir.
Q. You recall when the four defendants were questioned?
A. Yes, sir.
Q. Where did the questioning take place?
A. On the fourth floor of the jail.
Q. Were they the only ones questioned that night?
A. No, sir.
Q. About how many would you say were questioned that 

night ?
A. I  would say ten to twelve.
Q. In other words, in addition to these four boys there 

were six or eight-----
A. Other than these boys.
Q. Other than these four ?
A. Yes, sir.
Q. Saturday night, May 20 and Sunday morning, May 21, 

how long were you there at the jail?
A. I  left the jail about six o’clock in the afternoon and 

was away about two hours, I think, and then I was there 
until about probably 1.30, and was away probably 50 minutes



229

or an hour; and then I made another trip to Pompano 
[fol. 237] that same night around 3.30 or 4 o’clock.

Q. In other words, you came there around nine o’clock in 
the evening ?

A. I would say around eight.
Q. Stayed there until about 1.30?
A. Probably 2 o ’clock.
Q. And left for about an hour?
A. Fifty minutes or an hour.
Q. Then he came back ?
A. Then came back.
Q. You left again around four?
A. Around 3.30 or four.
Q. How long were you gone that trip ?
A. I  guess about fifty minutes.
Q. And when you came back did you stay the balance of 

the morning ?
A. Yes, sir.
Q. During that time did you, or did any one in your pres- 

ence, Captain Williams, Sheriff Clark, Deputy Goodrich, 
Mr. Marshall, or any one else strike any of these defendants 
with their fist or with any other object, or did they threaten 
to shoot them, threaten to kill them?

A. No, sir.
Q. Did they promise them anything?
A. No, sir.
Q. Now you say that about ten or twelve were questioned 

that night?
A. Yes, sir.
Q. Explain to the jury about how long a period of time 

of questioning of each of these individuals would take ?
A. Oh, from ten to fifteen, or may be twenty minutes.
Q. During the time they were questioned ten or fifteen or 

twenty minutes, did you, or any one in your presence use 
any force or coercion by threats made against them?

A. No, sir.
Q. After you questioned one of them for fifteen or twenty 

minutes, what would be done with them?
A. He would be taken back to his cell.
Q. Who in every instance brought these defendants and 

the other six or eight to this room, and who returned them ?
A. Mr. Marshall, the jailer.



230

Q. Were yon present when Mr. Maire and Mr. Coleman, 
the court reporter, and others, took the confessions of these 
four defendants?

A. Yes, sir.
[fol. 238] Q. About what time was that?

A. I  judge around 6 or 6.30 or seven o’clock.
Q. In the morning?
A. In the morning, yes sir.
Q. Did you have an opportunity to closely inspect all the 

defendants, at that time?
A. I did.
Q. You see any fresh marks or bruises or scars on their 

body, or any blood on their body or clothing?
A. No, sir.
Q. What was their appearance?
A. Good shape.
Q. Who else was present there with you that you can re- 

call in the room where the defendants and others were being 
examined that night ?

A. Me and Sheriff Clark, Mr. Marshall, Captain Wil­
liams, Mr. Goodrich was there part of the time.

Q. How long a time would elapse.after you would examine 
a particular individual until you might question him again f

A. Probably long enough to question ten or twelve.
Q. And about how long would you say that was?
A. I  would say probably ten, fifteen or twenty minutes for 

each one, and probably be five minutes before we would get 
him back.

Q. In other words, after the questioning you mean it 
would take five minutes to take one back to the cell and bring 
another ?

A. Yes, sir.
Q. Did you ever take a little rest during the night?
A. Yes, sir.
Q. About how long a rest?
A. I would say an hour and a half or may be two hours. 

We had lunch and coffee.
Q. Now during that hour and a half or two hours did you 

question, or attempt to question the defendants, or any of 
the others you questioned that night ?

A. No, sir.
Q. About what time of evening did you start questioning 

any of these negroes?
A. Well, you mean in the afternoon?



231

Q. Any time you started?
A. Well, we questioned some of them in the afternoon, I 

guess it started around 3 or 3.30.
[fol. 239] Q. And did that keep up through the afternoon, 
or did it stop and start again later at night?

A. Until about 5.30 or 6 o’clock.
Q. Then when did it start in again?
A. I  got back there about eight o’clock or may be 8.30 

Saturday night.
Q. And then there was a period of an hour and a half or 

two hours when you were eating, that no one questioned 
any one ?

A. That’s right.
Q. Mr. Helton, while you were there did you have a chance 

to observe about how many hours sleep during the night 
these defendants had an opportunity to get?

A. Well I  don’t know as I  could say about how many hours 
they had, but they had an opportunity to sleep at different 
times, to rest.

Cross-examination.
By Mr. C atts:

Q. On this particular Saturday afternoon, before the 
alleged confessions were obtained on Sunday morning, 
which I believe you all say was around 6.30 on Sunday morn­
ing, I understand you say about 3.30 P. M. on Saturday aft­
ernoon you began questioning the several prisoners who 
were in jail at that time?

A. Yes, sir, I  came there about 3 or 3.30 that afternoon.
Q. Now at the time you came there were they already 

questioning them when you got there?
A. I  wouldn’t say whether they was or not, I don’t re­

member.
Q. Where was this questioning going on?
A. On the fourth floor of the jail.
Q. Did you go on up to that room after you got to the jail ?
A. Yes, sir.
Q. And you know about what time?
A. I think it was around that time.
Q. At the time you got there no questioning had begun so 

far as you know, but you know it was going on shortly aftei 
you got there ?

A. Well, I  don’t know as we questioned any of these four 
negroes.



232

Q. You were questioning some prisoners in the jail from 
[fol. 240] that time on?

A. Not from that time on.
Q. Well you started at that time?
A. Yes, sir.
Q. And you say yon questioned them until about six 

o ’clock ?
A. 5.30 or 6.
Q. From 3 to 3.30 to 5.30 or 6; th a t’s right is it?
A. Yes.
Q. And then you left and came back about 8 or 8.30?
A. 8.30 or 9.
Q. And what did you do when you first came back this 

time?
A. You mean when I left that time?
Q. When you got back to the jail about 8.30. All right, 

where did you go ?
A. I went up to the fourth floor.
Q. Who did you find up there that time, what officers?
Q. Sheriff Clark, Mr. Marshall, Mr. W illiams; I think 

that was all.
Q. What were they doing when you got back there that 

night at 8.30 or 9?
A. I  think they were questioning some of the prisoners 

we had there in the jail at that time.
Q. And then you say you stayed there until 1.30, one or

1.30 and left, and came back about 3.30 or 4?
A. No. I  was gone about fifty minutes, or probably an 

hour.
Q. When did you leave ?
A. One or 1.30.
Q. 1.30 A. M. on Sunday morning?
A. Yes, sir.
Q. Then you left and were gone about how long?
A. You mean at that time?
Q. Yes.
A. I  was gone fifty minutes, or probably an hour.
Q. Then you must have come back around 2.30 at that 

time ?
A. Something like that.
Q. Where did you go when you came back this time ?
A. I  went up to the fourth floor.
Q. Who was there at that time?
A. The same ones.



233

Q. Mr. Goodrich there at that time?
A. Mr. Goodrich went with me, made the trip and came 

back with me.
[fol. 241] Q. Then how long did you stay there after you 
got back?

A. We left there around 3 or probably 3.30, some time 
along there and made another trip to Pompano.

Q. How long did you stay at Pompano that time?
A. I stayed fifty minutes.
Q. Got back somewhere around 4.30?
A. Yes, sir, somewhere along there.
Q. And did you stay there until the alleged confessions 

were taken ?
A. Yes, sir.
Q. Now, from the time that you were there at 8.30 or 9 

in the evening to 1 or 1.30, you were there during all that 
time the questioning was going on?

A. From about 8.30 to 9-----
Q. To about 1.30 the next morning you were there that 

time?
A. Yes, sir.
Q. On how many occasions during that time did you see 

either of these boys being questioned?
A. Well I don’t think more than one time.
Q. You think you saw all of them up there at least one 

time?
A. Yes, sir.
Q. Did you see any of them up there more than one time?
A. I  wouldn’t say whether I  did or not, I can’t remember.
Q. Did you see any of the other witnesses, any of the 

other persons you had in jail?
A. How is that?
Q. Of the other six or eight persons that you said you 

were questioning in jail that night during this period of
8.30 to 1.30, did you see any of these persons up there 
more than one time during that period of time?

A. I  don’t think I  did.
Q. Which ones were they, or who were the other six or 

eight persons that you said you saw down there that night 
that were questioned?

A. Four of these witnesses we have up here.
Q. Four of these witnesses outside here?
A. Yes, sir.



234

Q. You questioned them back and forth on that Saturday 
night ?

Q. Can you name those four for me ?
A. James Little, Frank Manuel, and the small one there, 

the small little nigger, call him Geech, I  don’t remember 
what his name is, and Willie Henderson.
[fol. 242] Q. Who were the other two or three or four 
they questioned that night?

A. I don’t know as I could tell you their names, except 
one was from Pompano; he is not a witness here.

Q. He is not here now!
A. No, sir.
Q. You know anybody else that you know the names of!
Q. There was some that I  don’t know their names.
Q. Let me ask you this question; did you question any­

body from the time that you came back off the first trip 
to Pompano which you said you made, when you say you 
left about one or 1.30, and got back around 2.30, did you 
question from that time on anybody but these four boys ?

A. I  don’t think we questioned but one or two of them 
in that time.

Q. You think you did question one or two of these boys? 
I  mean from the time you got back at 2.30.

A. I know what you mean. I  think we questioned one or 
two of them during that time.

Q. You are sure you didn’t question all four?
A. I am pretty sure.
Q. Which one of them did you question?
A. I  think I questioned Charlie Davis and Jack William­

son.
Q. You didn’t question Walter Woodward during that 

time ?
A. I don’t think from the time I  left on the first trip 

until the next time, I don’t think we questioned Walter. 
You said from then until we left on the next trip?

Q. No, I  asked you from then to daylight?
A. Yes, sir, we questioned from then to daylight all four 

of them.
Q. Did you question anybody else except these boys dur­

ing that time, from the time you came back from the first 
trip to daylight, anybody but these four boys?

A. I  don’t think after the time I  went to Pompano.



235

Q. Besides these boys, they are the only ones you did 
question?

A. After that trip.
Q. Were you continually questioning these boys all the 

time that you were there, except you don’t know what hap­
pened while you were gone ?

A. No.
[fol. 243] Q. From 1.30 on until the alleged confessions, 
were you continually questioning these boys, and the one 
boy you brought back from Pompano, until the alleged con­
fessions were made?

A. No, I made another trip to Pompano.
Q. Well all the time you were there were these boys ques­

tioned during that period of time?
A. Except the one I went to Pompano to get.
Q. Had you been questioning Walter Woodward any time 

between 1.30 and 2.30, until this time you were gone ?
A. Yes, sir.
Q. Now then that takes care of the time from 1.30 until 

6.30, except the time that you wasn’t there.
A. I don’t know what happened then.
Q. But the time between 1.30 and 2.30 when you got back, 

until daylight, until about six o’clock, you questioned these 
boys?

A. No, I made another trip to Pompano after that.
Q. Excluding that time, you were there all the time, you 

were there during the time you questioned these boys?
A. We questioned the one I brought from Pompano.
Q. From 8.30 until about 1.30, I say you questioned all of 

these boys at least once?
A. I  think we did.
Q. You questioned five, these four and the boy you 

brought from Pompano, making six, during the period from
8.30 until one?

A. We had lunch about twelve.
Q. You had lunch between twelve and the time you left?
A. Yes, sir.
Q. You took kind of a rest during that time?
A. Yes, sir.
Q. Then the questioning was going on between 8.30 and 

9 until around twelve, midnight, when you had lunch?
A. Yes, sir.
Q. And the lunch lasted until you went to Pompano ?
A. Yes, sir.



236

Q. And all during the time now that you have related that 
you were there from 8.30 or 9, when you got there—just 
call that 8.45 for short, say about 8.45 to about twelve, you 
[fol. 244] were questioning these prisoners, and some oth­
ers?

A. Yes, sir.
Q. That’s correst, is it?
A. Yes, sir.
Q. Now from the time you got back at 2.20 or 2.30, call 

it 2.25, until you went back to Pompano, which was around 
3 or 3.30, excluding the time you were out both times, from 
the time you got back around 4.30 until the alleged confes­
sions were made—I am talking about the time you left the 
first time and the boy being brought back from Pompano—- 
they were questioning during all that time that you were 
there present?

A. Yes, sir, th a t’s when they were making the confes­
sions.

Q. They were making the confessions around 6.30, but 
they were the boys that you had in there, these four boys, 
and the one from Pompano, during that period of time, were 
they not?

A. Yes.
Q. Would you say Jack Williamson was not brought up 

in that room and questioned that Saturday afternoon; you 
say some of these boys were, you don’t know just who; you 
said you didn’t  think these boys?

A. I didn’t say I didn’t think any of these boys, I said 
I  didn’t remember.

Q. You wouldn’t say he wasn’t up there?
A. No.
Q. Would you say Walter Woodward wasn’t up there that 

afternoon?
A. He probably was.
Q. You think he was up there that Saturday afternoon?
A. I  wouldn’t say.
Q. Would you say Izell Chambers wasn’t up there?
A. I  couldn’t say.
Q. But you think probably Jack Williamson and Walter 

Woodward were up there Saturday afternoon?
A. I think they were.
Q. Were you gone that night when Mr. Maire first came 

over there; did he get there while you were gone out, after



you had come back—what do you know about Mr. Maire be­
ing there the first time?

A. I was there when he came in.
Q. About what time was that?
A. That was around 11 o ’clock.
Q. Eleven o’clock ?
A. Yes, sir.
Q. Who were you all questioning when he came over—the 

[fol. 245] S tate’s attorney is the one you are talking about?
Q. Yes, I  know. I  think it was Walter Woodward.
Q. Could you be mistaken about that?
A. Sure.
Q. Could it have been around two o ’clock that Mr. Maire 

came over there?
A. It could have been.
Q. You don’t know whether it was before the rest period 

or after?
A. I believe it was before, but I wouldn’t be positive.
Q. You think it was before. Tell the Court and jury what 

you did during the rest period?
A. We had lunch and coffee, sat down and talked.
Q. Who all was present—was the lunch being served to 

you in there in the same place where you were doing the 
questioning?

A. Yes, sir.
Q. Who all was present while you had lunch?
A. The Sheriff, Mr. Marshall, Mr. Williams, and a Mr. 

Neal, I  think it was.
Q. Who is Mr. Neal.
A. That is the gentleman that was up there with us.
Q. Is he one of the officers of the County?
A. No.
Q. You, the Sheriff, Mr. Marshall, Mr. Williams and Mr. 

Neal. Was Mr. Goodrich there?
A. I don’t think Mr. Goodrich was there.
Q. Was Bob Clark there?
A. I t seems like he come in there. I wouldn’t say posi­

tively.
Q. Mr. Maire wasn’t there at that time?
A. I don’t think he was there when we had lunch.
Q. Captain Williams was there, I  believe you said?
A. Yes, sir.
Q. During the time that you were resting and having your 

lunch, the boys were taken back downstairs to their cell?

237



238

A. Yes, sir.
Q. How many times during the whole night, Mr. Helton, 

would you say Walter Woodward was brought up in that 
room and questioned by any of you?

A. Well, I  wouldn’t say because they probably brought 
him up there while I was away.

Q. That you know of, of your own knowledge?
[fol. 246] A. Probably twice.

Q. You don’t think he was questioned but twice that night 
while you were there ?

A. Not until he broke and wanted to tell it.
Q. What time was that?
A. I t was early in the morning.
Q. I t was just before daylight?
A. Just before.
Q. What do you mean “ when he broke’’?
A. When he started to tell it.
Q. Tell just what happened to him when he broke ?_
A. He just told us he wanted to tell it, get it off his sys­

tem, he wanted to tell it.
Q. How long had he been questioned at that time?
A. Not very long.
Q. Well about how long?
A. I  would say fifteen or twenty minutes.
Q. That’s as long as you questioned any of them?
A. I  think it was.
Q. Had you been there continually during all that fifteen 

or twenty minutes ?
A. You mean that he was questioned?
Q. When you say he broke. Had you been there the fifteen 

or twenty minutes immediately preceding the time that you 
said he broke, or had you been in and out of the room?

A. I think that the first time that he wanted to talk was 
when I  went to Pompano the last time.

Q. I am talking about this time when you said he broke? 
Had you been there and see- everything that happened for 
the fifteen or twenty minutes that you said he was there, 
had you sat there in the room all the time?

A. Yes, sir.
Q. Who had been doing the questioning?
A. Captain Williams.
Q. And who else?
A. Myself.
Q. And who else?



239

A. The Sheriff.
Q. And who else!
A. I think that was all.
Q. Yon were all questioning him then, all asking him 

questions during that period of twenty minutes!
A. I think so.
Q. You had no regular procedure in asking him questions, 

just any one that felt like i t !
A. Yes, sir.
Q. And you asked questions until you got tired, and others 

[fol. 247] took it up! I want the jury to get the picture of 
what happened there that night. Tell them how the ques­
tioning went on.

A. Probably I  would think of something to ask, and then 
the other men would ask him.

Q. One right after the other as you thought of it each of 
you would ask him questions !

A. Yes, sir.
Q. You sure he wasn’t struck at that time!
A. No, sir.
Q. Anybody down there ever accuse him of lying while 

you were there!
A. No, sir.
Q. You never heard Captain Williams accuse him of 

lying!
A. No, sir.
Q. You ever accuse him of lying!
A. No, sir.
Q. Did you ever catch him in a lie!
A. I had no right to catch him in a lie.
Q. You were there when Mr. Maire was there the first 

time!
A. Yes, sir.
Q. How long did Mr. Maire stay there that first time?
A. I  guess he stayed there probably half an hour, or 

may be an hour. I wouldn’t say how long.
Q. If it happens that Mr. Maire came there around 2 or 

2.30, he got there in the time you think you had gone to 
Pompano, don’t it!

A. If th a t’s the way it turned out.
Q. Still you were there when Mr. Maire came, weren’t 

you! You are not real definite about the particular hour 
you have given. You didn’t look at your watch to determine 
just what the hour was !



240

A. I look at my watch at different times?
Q. Don’t you know now you got back there at 8.30 or 9, 

and didn’t you look at your watch then?
A. No, I judge from the time I  left home.
Q. And you were there all the time that Mr. Maire was 

there, you were there when he got there the first time, and 
you were there when he left the first time ?

A. Yes, sir. I  wouldn’t say I  was there when he left, but 
I was there when he got there.

Q. You think he stayed there about an hour?
A. Yes, sir.

[fol. 248] Q. How many times would you say you took— 
not you but Mr. Marshall, or anybody, brought Jack Wil­
liamson up to that room that night?

A. I  couldn’t say.
Q. From 8 o’clock until one o’clock?
A. I  couldn’t say just how many times.
Q. I  believe you have testified that each of them were 

brought up there at least once during that time?
A. Yes, sir.
Q. Can you testify to this jury he wasn’t brought up 

there more than one time?
A. No.
Q. As a matter of fact, you wouldn’t tell the jury now 

under oath, from your memory of that occasion, how many 
different times any one of these boys were brought in there, 
would you ?

A. No.
Q. You know they were brought up up there at least once?
A. Yes, sir.
Q. And how many more times than once you don’t know 

of your own knowledge?
A. No.
Q. You do know the majority of the time in the morning 

from 2.30 on, that you were at the jail, you were question­
ing these four boys and the boy you brought back from 
Pompano?

A. Yes.
Q. Were you there when Mr. Maire talked to Walter 

Woodward the first time he came over there?
A. Yes, sir.
Q. Take his confession down in writing?
A. Yes.
Q. What did he do with it?



241

A. I  don’t know.
Q. What did he say about it?
A. I  don’t remember what he said about it.
Q. You don’t remember what Mr. Maire said about it?
A. I  don’t remember what he said about it.
Q. If he made a confession why did you all keep on ques­

tioning him about it. As a matter of fact, what he said that 
time wasn’t what you wanted him to say, was it?

A. It wasn’t what he said the last time.
Q. I t wasn’t what you wanted him to say, was it?
A. We didn’t think it was all correct.
Q. You didn’t think it was correct?
A. No, sir.
Q. What part of it did you think wasn’t correct? Would 

[fol. 249] you say what he told you there at that time was 
freely and voluntarily made ?

A. Yes, sir.
Q. Freely and voluntarily made?
A. Yes, sir.
Q. What he freely and voluntarily told you in the way of 

a confession at that time, it wasn’t what you wanted?
A. It didn’t make up like it should.
Q. What matter didn’t make up?
A. There was some things he told us that couldn’t pos­

sibly be true.
Q. Did you investigate it to see?
A. If it could be done, we had it investigated.
Q. What did Mr. Maire say about it at that time; did you 

hear Mr. Maire say at this time “ tear this paper up, that 
isn’t what I  want, when you get something worth while call 
me,”  or words to that effect?

A. Something similar to that.
Q. That did happen that night?
A. Yes sir.
Q. That was in the presence of Walter Woodward?
A. Yes, sir.
Q. That’s the time you think was about eleven o’clock at 

night ?
A. I  didn’t say just what time it was.
Q. You think it was before you ate?
A. I  believe it was, I wouldn’t be positive what time.
Q. Would you say it was before or after you came back 

from Pompano the first time?
16—195



242

A. I  think it was before I  went to Pompano the first time.
Q. You think it was before you went to Pompano the first 

time ?
A. Yes, sir.
Q. Did you see any of these four boys here, the peti­

tioners, that night any place other than in the room where 
you were questioning them?

A. No, sir.
Q. Then so far as you know of your own knowledge they 

didn’t get any sleep; if they say they didn’t get any sleep, 
they didn’t get any sleep so far as you know?

A. They were taken out of the room.
Q. They didn’t sleep when you were questioning them?
A. No.
Q. You don’t know what happened the rest of the night 

[fol. 250] when they weren’t in there where you were?
A. No.
Q. I  believe you testified on direct examination that you 

were around the jail quite frequently that week?
A. Yes, sir.
Q. That’s Broward County jail?
A. Yes, sir.
Q. How many times would you say you were down there 

that evening?
A. Pour or five different times.
Q. In  the day or night?
A. Mostly in the day time.
Q. On any of these four or five occasions that you were 

down there during the week, did you see either of these 
defendants?

A. I  saw Jack Williamson.
Q. Was he the only one you saw the whole of that week?
A. I  believe I  saw Charlie Davis, but I  don’t know that 

I  saw any of the rest during that week.
Q. Where did you see these two boys ?
A. I see Jack Williamson down in the Sheriff’s office one 

tim e; I see Charlie Davis up in the cell.
Q. Mr. Helton, as a matter of fact during that week, up 

there in the same place that you were on that Sunday morn­
ing when the confessions were made, some of the officers 
during practically the entire week were questioning some 
one in this case up there in that room?

A. I  don’t think during the week, except Jack William­
son and probably Izell Chambers.



243

Q. You don’t know of your own knowledge now any ex­
amination or questioning that was done of any of these boys 
during the whole week except Jack Williamson and Izell 
Chambers!

A. In  my presence, yes, sir.
Q. You do know they were examined during that week in 

your presence!
A. Those two, yes, sir.
Q. But as to all these people they had in the jail, weren’t 

they questioning them during the whole of the week, some 
of them at different times all during the week every time 
you were down there wasn’t somebody questioning some of 
them!

A. Every time I  was down there they were questioning 
some of them.
[fol. 251] Q. Some of these people; they had twenty or 
thirty of them in jail!

A. Must have had about 32.
Q. And during every one of these times you were down 

there they were questioning some of these thirty two!
A. Yes, sir.
Q. You were down there on at least four or live occasions 

during the week!
A. I  wouldn’t say just how many; four or five.
Q. Did you see Captain Williams down there every time 

you went down!
A. He was there probably twice when I went down there.
Q. You say you went down there in the day time!
A. Yes, sir.
Q. And was it night the times you saw him there!
A. I think it was.
Q. How long would you stay down there when you would 

go down there on the four or five different occasions!
A. How long would I stay there; probably three or four 

hours.
Q. And during most of the time you were there they were 

still investigating this homicide and examining some of 
these thirty two people they had under apprehension all 
during the four or five times you went down there at dif­
ferent times during the week!

A. Yes, sir.
(Witness excused.)

Thereupon Court adjourned to 9 o ’clock A. M. Wednes­
day, October 14, 1936.



244

[fol. 252] Morning Session

Wednesday, 9 o’clock, October 14, 1936.
R obert  L. Clark, being first dnly sworn by the Clerk, 

testified on behalf of the State as follows:

Direct examination.

By Mr. M aire:
Q. Mr. Clark, did yon hold any official position in Brow­

ard County on the 13th day of May, 1933?
A. Yes, sir.
Q. What official position was that?
A. Deputy sheriff.
Q. Are you related to Sheriff Walter R. Clark of Broward 

County?
A. Yes, sir.
Q. What relation are you to him?
A. Brother.
Q. You know these petitioners, any one of them, when 

you see them ?
A. Yes, sir.
Q. Which ones do you know?
A. I  know all of them.
Q. Did you have anything to do with the arrest of any 

of them?
A. Yes, sir.
Q. Which ones?
A. I arrested all of them.
Q. Were any of them placed in the Pompano jail after 

they were arrested that you know of ?
A. No, sir.
Q. None of the four?
A. No, sir. Yes, I  beg your pardon, Charlie Davis.
Q. What about the others?
A. The other three were not.
Q. Where were they taken when they were arrested, if 

anywhere ?
A. To Broward County jail at Fort Lauderdale.
Q. What other officers were with you when you arrested 

them?
A. Dick Goodrich, Chief of Police at Pompano, Mr. Mad­

dox, Mr. Helton, Mr. Bert Helton, I don’t know his initials.



245

Q. And were yon present with the petitioners that were 
arrested, at a time after they were arrested, with other 
officers ?

A. Yes, sir.
[fol. 253] Q. Did you ever see Chief Maddox beat Izell 
Chambers after he was arrested at Pompano?

A. No, sir.
Q. Did anybody beat any of these petitioners at the time 

they were arrested?
A. No, sir.
Q. Did you, or anybody in your presence, at that time 

beat, threaten, strike, kick or illtreat any of them?
A. No, sir.
Q. When did you first see Charlie Davis?
A. Saturday night or early Sunday morning of the night 

the crime was committed.
Q. Did you go to the Pompano jail by yourself that night?
A. Yes, sir.
Q. Was Captain J. T. Williams ever there at any time 

you were there ?
A. Yes, sir.
Q. Did Captain Williams hit or beat or strike or threaten 

any of them in the Pompano jail while you were present?
A. No, sir.
Q. Did anybody else in your presence?
A. No, sir.
Q. What was done with these petitioners wThen they were 

brought to the Broward County jail, if you know?
A. I  brought these three, Williamson, Woodford and 

Chambers and placed them upstairs in the jail and left them 
there.

Q. What part of the jail?
A. I believe they were separated, some on the third floor 

and some on the fourth floor; I  am not positive.
Q. Were any of them taken in the Sheriff’s office at that 

time?
A. No, sir.
Q. Do you know whether or not at that time any one of 

them was taken in the Sheriff’s office and knocked up against 
the wall?

A. They -weren’t stopped at the Sheriff’s office, they were 
taken right through the jail.

Q. What floor is the Sheriff’s office?
A. In  the basement.



246

Q. What floor is the ja ile r’s quarters on?
A. Third and fourth floor.
Q. Did any one in your presence, at the time any of these 

petitioners were arrested, force them to try  to run?
A. No, sir.
Q. Did you, or did anybody in your presence, at the time 

[fol. 254] tell them that they had to run because if they 
didn’t they would be lynched?

A. No, sir.
Q. Or that they were in danger of any kind of mob vio­

lence ?
A. No, sir.
Q. Did you ever hit Jack Williamson with a pistol?
A. No, sir.
Q. Did you see them during the week after they were ar­

rested there in the jail?
A. I  may have seen them. I was in and out of the jail 

at times, I  may have seen them there.
Q. Did you have anything to do with any questioning of 

any of the petitioners?
A. No, sir.
Q. At any time, from the time they were arrested, right 

up until the present time, have you personally ever hit, 
struck, beat, kicked, hit with a rubber hose or club, or with 
your fist any of these four petitioners ?

A. No, sir.
Q. Has any one ever done that in your presence?
A. No, sir.
Q. Have you, or anybody in your presence, at any time ever 

threatened any one of them ?
A. No, sir.
Q. Have you, or anybody in your presence, at any time 

ever made any inducements or promises to them to induce 
them to make a confession?

A. No, sir.
Q. Have you, or any one in your presence, ever tied a rope 

around the neck of any of them and pulled them up while 
others were beating them in order to force a confession out 
of them?

A. No, sir.
Q. Did you or Captain Williams, or anybody else, mistreat 

them in any way?
A. No, sir.



247

Q. Were you present on Saturday night or Sunday 
morning May 21, 1933, when the alleged confessions were 
taken from them?

A. No, sir.
Q. Were you present at the jail any time that night?
A. No, sir.
Q. Where were you, Mr. Clark?
A. I don’t remember the exact place. I was probably out 

patrolling in the line of duty.
Q. Do you know when the confessions were supposed to 

have been taken?
A. I heard they were taken early Sunday morning.
Q. How soon was it after that before you saw any of 

them?
[fol. 255] A. I  don’t know whether I saw them Sunday. I 
know I  saw them Monday.

Q. You swear you saw them the following Monday?
A. Yes, sir.
Q. At the time you saw them Monday did you see any signs 

of bruises or fresh scars on the person of any of them?
A. No, sir.
Q. Or any blood upon them or upon their clothing and 

their body?
A. No, sir.
Q. Did you see anything at that time that would indicate 

they had been beaten, maltreated or injured the Saturday 
night preceding?

A. No, sir.
Q. Did they ever make a statement to you at any time to 

that effect?
A. No, sir.

Cross-examination.
By Mr. Catts:

Q. Mr. Clark, about what time of night was it that you ar­
rested these three boys? I believe you said you were there 
when they were arrested, but you arrested only these three?

A. The early part of the night Sunday night.
Q. Where did you find the boys at the time when you ar­

rested them?
A. In a little house in Blount’s quarters at Pompano.
Q. Who all was with you at that time ?
A. Mr. Helton-----



248

Q. That’s constable Helton?
A. No, sir, brother of the constable, Mr. Goodrich.
Q. He is a deputy sheriff?
A. He was at that time, and Mr. Maddox.
Q. He is Chief at Pompano?
A. He was at that time.
Q. When you first went to this place that night, how did 

you get in the house?
A. I  went to the back door of the house with one of the 

other officers, and two of them went to the front door, and 
they came and opened the back door when I came in.

Q. The other officers actually went into the house before 
you did?

A. The ones that went to the front, yes sir.
Q. Who made the arrest at that time, if you know? Was 

the arrest made after you came in or before you came in?
A. They were talking I  think before I  came in.

[fol. 256] Q. Who put the handcuffs on these boys that 
night ?

A. I don’t remember.
Q. You put any handcuffs on any of them?
A. I couldn’t swear to it; I possibly did.
Q. Did you have any handcuffs with you?
A. I  think I did, I  am not positive about that.
Q. That was Sunday night?
A. Yes, sir.
Q. What did you tell these boys when you arrested them, 

or what did any officers tell them in your presence at the 
time of the arrest?

A. They told them they were under arrest.
Q. Anything else?
A. I don’t recollect the exact words.
Q. Well the substance of what you told them at that 

time; tell them what you arrested them for?
A. I don’t think so.
Q. Have any trouble getting them up?
A. No.
Q. Were they in bed when you went there ?
A. I  think one or two of them were in bed when I  went 

in the house; I  am not positive.
Q. Who woke them up, these two?
A. They weren’t asleep, I  don’t think.
Q. Did you see Mr. Goodrich hit one of them on the foot 

with a black jack?



249

A. No, sir.
Q. Would you say that didn’t happen after you went in 

the building?
A. I  don’t think it did.
Q. That happened you think before you went in the 

building? Mr. Goodrich said he did tap one of them on 
the foot with a black jack you think that happened before 
you went in the building?

A. I t may have.
Q. If it did at all, it must have happened before you 

went in there?
A. Must have.
Q. You didn’t hear what the officers said to them before 

you went in?
A. No; just a matter of a few seconds.
Q. How far away did you park your car from this house?
A. I  don’t know; may be 75 or 100 feet, I believe; I am 

not positive.
[fol. 257] Q. You have any other prisoners with you at 
that time?

A. Yes, sir.
Q. Who?
A. Frank Manuel.
Q. Where was he?
A. We brought him up near the house, left him right 

within a few feet of the house.
Q. Did you handcuff him to the machine, to an old auto­

mobile out there?
A. I think someone did.
Q. You didn’t leave him sitting in the back or your car 

with Mr. Goodrich to watch him while you went in and made 
the arrest?

A. No, sir.
Q. If he says th a t’s what happened, he is mistaken?
A. Yes, sir.
Q. On the way back to your car after you made the arrest 

did you pick Frank Manuel up again; you go by there with 
these prisoners where he was?

A. Yes, sir, Frank was taken in with these other prisoners.
Q. Did any of the boys come out of that house that night 

without their shoes ?
A. I  don’t think they did.
Q. You know Walter Woodward, don’t you?
A. Yes, sir.



250

Q. You arrested him there that night ?
A. Yes, sir.
Q. As a matter of fact he didn’t have on any shoes at 

all and didn’t have any around the jail for some little bit 
after he was arrested, did he!

A. I  think one of the boys when they got near to the car 
mentioned he had lost his shoe after he left the house and 
wanted to go back, I  believe th a t’s what he said, but we 
wouldn’t take him back to hunt his shoe.

Q. Did he have on one shoe then!
A. I  think th a t’s correct.
Q. You take them to the jail and you search them!
A. Yes, sir.
Q. Isn ’t it customary with you to search these prisoners!
A. Yes.
Q. Now can you tell whether he had shoes or not!
A. I  remember one of them mentioning at the time we 

got between the house and car, saying he had lost his shoe.
Q. Did you look at him that night in jail to see whether 

he had on his shoes!
A. I  couldn’t remember. We arrested some without shoes 

[fol. 258] sometimes. I  don’t remember whether all these 
boys had on two shoes or not.

Q. Were you in a hurry about getting these boys out of 
the house that night!

A. Not particular. We were quite busy about that time; 
we made several arrests.

Q. When you arrived there you might have been on ac­
count of some other arrests, or the fact you were busy; 
is that the idea!

A. Yes, sir.
Q. W asn’t afraid of any mob violence!
A. No, sir, I  don’t think so. I  can’t say we were afraid 

of any mob violence.
Q. Can you say you were, or can you say you were not!
A. I  was not.
Q. Did you take them on down to Dade County on Monday 

or Tuesday!
Q. We took some down there one day.
Q. Were you afraid of any mob violence then!
A. That was the orders from the Sheriff.
Q. W asn’t with any idea of this they were taken down?
A. I don’t think so.
Q. You know Captain J. T. Williams, don’t you!



251

A. Yes, sir.
Q. You see him Saturday night—were you around Pom­

pano Saturday when Davis was arrested?
A. Yes, sir.
Q. You made the arrest yourself?
A. Yes, sir.
Q. Who else helped make it?
A. Chief Maddox.
Q. Any one else?
A. I  think not.
Q. What did you do with Davis after you arrested him?
A. Took him to Pompano city jail.
Q. You see Captain Williams up there that night?
A. I  saw him several times.
Q. Saturday night?
A. Yes, sir.
Q. Where did you see him?
A. I  saw him most of the time out in the .fields or in 

the woods with the blood hounds he had there.
Q. You ever see him around Pompano jail that night?
A. I  may have, hut if I did it was just a short time; he 

[fol. 259] was working with the dogs most of the time.
Q. You know you saw him on: more than one occasion on 

that Saturday night.
A. Yes, sir, on Saturday night and Sunday morning.
Q. At the last trial of this case, Mr. Clark, which was 

held in the County court house at Fort Lauderdale in 
February, 1935, was this question asked you: “ When did 
you first see Charlie Davis” ? And your answer: “ I saw 
him Saturday night, the 13th” ? Was that question asked 
you down there that time?

A. I t may have been, yes, sir.
Q. The next question is “ Where? (a) Pompano jail. ’ 

Was that question asked you and that answer given by yon ?
A. I  don’t think it was.
Q. The next question: “ Who else was there? (A.) Well 

Chief Maddox and I think several other people.” You 
remember that question being asked you?

A. I t could have been.
Q. Well do you remember?
A. No, sir, I  don’t remember the exact answer I gave 

to questions a year and a half ago.
Q. You don’t remember any of your answers at that time?
A. I  don’t remember the exact words.



252

Q. Was this question asked you: “ Was Captain J. T. 
Williams there when you saw him? (A.) No, sir, don’t think 
he was. (Q.) Do you know whether or not Captain Wil­
liams saw him there that night or not? (A.) I  don’t know 
whether he did or not.”  Were those questions asked you, 
do you remember?

A. I  expect they were, yes, sir.
Q. Are all of those questions and answers now true or 

false?
A. I  expect they are true.
Q. You don’t mean to tell this jury now the first time 

you saw Charlie Davis was at Pompano jail, do you?
A. No, sir, I  arrested Charlie Davis that night.
Q. Was this question asked you: “ How often did you 

see the four petitioners or any of them after they were 
placed in the Broward County jail? (A.) I don’t remember 
seeing any of them.”
[fol. 260] A. Yes, sir, I  answered that question that way.

Q. I  believe I  understood you to tell the jury a while ago 
you thought you had seen them some time from the time 
they were put in jail until the following Sunday morning?

A. We had fifty or sixty prisoners in jail and I  was 
through there several times. I  don’t remember the par­
ticular niggers I did see.

Q. You don’t remember any particular occasion when you 
see any one of these boys from the date they were arrested 
until Sunday morning ?

A. I  probably saw-----
Q. I  didn’t ask you what you probably did. Do you re­

member whether you did or did not see any of these boys 
during that time?

A. I  couldn’t swear I saw any of them.
Q. You don’t know anything- of what happened to these 

boys during that period of time, do you, of your own 
knowledge ?

A. No, sir.
Q. Where they were kept, whether they were all kept 

together, or whether separate, or how often they were taken 
out of their cells, you are not familiar with it?

A. No, sir.
Q. Who is Captain Williams?
A. He is a man I  met about that time, or a little while 

before that.
Q. Where did you meet him?



253

A. In Fort Lauderdale.
Q. Was lie an officer of Broward County?
A. No, sir, I  don’t think he was.
Q. Was he an officer of the law of any kind?
A. I  don’t know about that, sir.
Q. Well now do you know what his business was at that 

time?
A. He appeared to be a State convice guard.
Q. You know where he was stationed at that time, just 

prior to the time he came down on this case?
A. I  think west of Boynton.
Q. In Palm Beach County?
A. I  believe so.
Q. And you did see him on several occasions on Saturday 

night ?
A. Yes, sir.

[fol. 261] Q. That was the Saturday night when Charlie 
Davis was arrested?

A. Yes, sir.
Q. How large a man was Captain Williams?
A. He was a short heavy-set fellow, probably five feet 6 

or 7 tall, maybe.
Q. How much did he weigh ?
A. 200 pounds, may be 215, or 220.
Q. As large as you, was he just about your size?
A. About my weight; he wasn’t as large a man.
Q. Not as tall as you are?
A. No.
Q. But he weighed about the same ?
A. I  think so.
Q. During the time he was down there did he carry a pistol 

when you saw him around Pompano that night, or side arms 
or any kind ?

A. I  saw him armed several times, but I am not positive 
about that night.

Q. You don’t know what particular times you saw him 
armed or unarmed ?

A. I know I  see him armed some other times when he was 
down there with his convicts several times.

Q. Now during this investigation on Saturday night until 
the next Sunday morning, during the time you saw him there, 
was he armed or unarmed?

A. I couldn’t say I  ever saw him armed at that time.
Q. Well you saw him, didn’t you?



254

A. Yes, sir.
Q. Was he armed or was he not?
A. I  wouldn’t be positive about that.
Q. Never saw him with a pistol?
Q. I  wouldn’t say I  hadn’t seen him with a pistol'.
Q. You see him with a black jack?
A. No, sir, I  never saw him with a black jack.
Q. I believe you testified when these prisoners were taken 

to the jail, these three boys, the whole four were not taken 
down at the same time?

A. No, sir.
Q. Shortly after the three were arrested you took them 

to Broward County jail; who went down in the car with 
you?

A. Williamson and Woodward.
Q. And when you took them to the Broward County jail, 

I  believe you said they were separated. Did you yourself 
[fol. 262] conduct them to the cells, or did you turn them 
over to the jailer?

A. I  don’t remember about that.
Q. You testified a few minutes ago that they were sep­

arated when you took them over to the jail there in Broward 
County, didn’t you?

A. As a rule, if several prisoners are charged with the 
same offense they are separated, as these boys were, but 
I  wouldn’t be positive about it.

Q. You don’t have a direct recollection now in your mind 
of any of these particular matters that you are testifying 
to, do you?

A. I  remember the arrest very distinctly.
Q. Well now some things about the arrest you don’t re­

member very well; you don’t remember what was said to 
them after you went into the house, and the other details 
I  asked you about, you don’t remember about that. I t  isn’t 
as fresh in your memory right now just what you did. You 
don’t remember whether you took them to the cells or 
whether the jailer took them there; you don’t remember 
now whether they were put in separate cells?

A. I went upstairs with them, but the jailer may have 
been there.

Q. Did you separate these boys, or did you not separate 
them when you put them in the cells, either you or the jailer?

A. I wouldn’t say positively.



255

Q. Did you at any time see Captain Williams at Pompano 
jail on Saturday night?

A. I  saw him in Pompano several times.
Q. But at the Pompano jail, do you now remember 

whether you saw him at the jail?
A. I  couldn’t say.
Q. You are sure now you did arrest Charlie Davis?
A. Yes, sir.
Q. And if the record shows, the transcript of testimony 

by the court reporter at the last hearing, you said the first 
time you saw Charlie Davis was in Pompano in jail, tha t’s 
a mistake ?

A. He was arrested-----
Q. I  am asking you about the record, if that record shows 

your statement at the last hearing in this case in February, 
1935, that the court reporter’s record shows that you said 
[fol. 263] at that hearing the first time you saw Charlie 
Davis was at Pompano jail, then that record is wrong; did 
you say that or did you not say that?

A. I expect I  did, because he was arrested almost at the 
Pompano jail, he was arrested just a very short distance, 
within a block of the Pompano jail.

Q. Did you arrest him?
A. Yes, sir.
Q. Then the first time you saw him wasn’t at the Pom­

pano jail, was it?
Q. The first time I saw him was in his house.
Q. That’s what you tell this jury, that the first time you 

saw Charlie Davis was in his house, about a block away 
from the jail?

A. Yes.

(Witness excused.)

Louis F. M a ir e , being first duly sworn by the Clerk, tes­
tified on behalf of the State as follows:

Direct examination.

By Mr. Salisbury:
Q. Please state your name?
A. Louis F. Maire.
Q. What was your official position, if any, in May 1933?



256

A. S tate’s attorney for the Twenty Second Judicial Cir­
cuit of Florida, in and for Broward County.

Q. Mr. Maire, do you remember the occasion when a Mr. 
Darcey was robbed down in Pompano, Florida?

A. Yes.
Q. You remember the occasion when an investigation was 

being undertaken by the Sheriff’s office and yourself in con­
nection with that?

A. Yes, sir, I  do.
Q. Have you ever seen these four petitioners sitting over 

there before, Charlie Davis, Chambers, Woodward and 
Williamson?

A. Quite often; quite frequently, yes, sir.
Q. Mr. Maire, do you recall the time that you were called 

in to take confessions from these four petitioners?
A. Yes, sir, I  do.
Q. Do you recall what day that was?

[fol. 264] A. The first one I saw Walter Woodward; that 
was early on Sunday morning, I  believe, the 14th day of 
May.

Q. Where?
A. In my -office in the Broward County court house.
Q. What was his appearance when you saw him that 

morning ?
A. Just as good as it is right now.

Mr. C atts: Didn’t you make a mistake when you said the 
14th of May?

W itness: It was early Sunday morning of the 21st, th a t’s 
right, Mr. Catts. Thank you.

Q. What was his appearance?
A. Normal.
Q. You see any fresh bruises or cuts or abrasions, any­

thing of that description on any part of his body that was 
exposed?

A. Not a one, no sir.
Q. Did you see the other three petitioners?
A. Not at that time.
Q. Later, did you?
A. Yes, at 6.30 o ’clock that Sunday morning.
Q. You saw Walter Woodward earlier?
A. Yes.
Q. In your office?



257

A. Yes. And by the way, we took him not on the floor of 
the ja iler’s quarters, it was on the floor below.

Q. Did you have any talk with Walter Woodward!
A. Oh, yes.
Q. Was any one present when you talked to him?
A. P art of the time.
Q. Did you at any time take him in your private office 

alone and talk to him ?
A. I didn’t take him in my private office alone, but I 

asked the other officers to step out while I talked with him 
alone.

Q. You did talk to him alone?
A. I did.
Q. Did you caution him as to his constitutional rights?
A. I did. You want me to tell what I  told him?
Q. Please.
A. I had these officers step out. I  told him I was State 

attorney. I t was the State attorney’s duty to protect 
[fol. 265] people, the same as it was to prosecute them. I 
asked him if he had been mistreated, beat, bruised, threat­
ened or coerced in any way. He said that he had not. 
I  said “ now, you needn’t be afraid to tell me the truth, 
because if anything like that has happened, if you will tell 
me I will go to Circuit Judge Tedder and have you removed 
to some other jail for your own safety and protection. He 
told me right then and there that nothing like that had hap­
pened. Then the officers came in and we questioned him.

Q. Mr. Maire, do you make a practice of warning every 
one, or cautioning every one in that same manner befoie 
they attempt to make a confession?

A. I always, do Mr. Salisbury.
Q. Now did you see all four petitioners la ter; I believe 

you said you did?
A. I did.
Q. About 6.30 in the morning?
A. Yes.
Q. What was their appearance at that time?
A. Their appearance was normal.
Q. Did you see any fresh wounds, cuts or abrasions ot 

any description or character on any part of their body ?
A. Not a one, sir. .
Q. Did you have a conversation with them m which you 

warned them of their constitutional rights ?
17—195



258

A. I did, every one of them, in the presence of each other, 
and every one of them singly.

Q. I t has been stipulated and agreed between counsel that 
the first two pages and the first three lines of page 3, as 
well as the last half of page 29, shall be introduced in evi­
dence. I will ask you to read to us the questions and an­
swers that were given at that time by each of these de­
fendants.

Q. Testimony of Jack Williamson, Izell Chambers, Wal­
ter Woodard and Charlie Davis taken in the presence of
B. B. Johnson, W. F. Ford, W. C. Goodrich, Walter R. 
[fol. 266] Clark, R. C. Helton, A. D. Marshall, H. H. Mc- 
Neal, J. T. Williams, Louis F. Maire, and J. W. Coleman, 
Court Reporter, on Sunday, May 21, 1933, at 6.30 o ’clock 
A. M.

By Mr. M aire:

Q. Your name is Jack What?
A. Williamson.
Q. Jack Williamson?
A. Yes, sir.
Q. Jack, do you want to make a statement about a case 

involving the robbery of Mr. Darcey at Pompano on Satur­
day, May 13th, 1933?

A. Yes, sir.
Q. Has anybody mistreated you in any way to induce you 

to talk, anybody beat you or hit you or anything like that?
A. No, sir.
Q. Has anybody promised you any regard or anything 

at all to get you to talk?
A. No, sir.
Q. You want to make a statement just to tell the truth 

about it in the presence of all these men?
A. Yes, sir.
Q. And your name is Izell Chambers ?
A. Yes, sir.
Q. Do you want to tell about the case involving the holdup 

of Mr. Darcey at Pompano on Saturday May 13th 1933?
A. Yes, sir.
Q. What you are going to say you are going to say it 

because you want to say it and not because anybody has 
beat you or abused or hurt you or anything?

A. No, sir. They haven’t.



259

Q. In order to get you to make a statement has anybody 
promised you anything, any reward or favor!

A. No, sir.
Q. Nobody has mistreated you, beaten you or abused you 

in order to induce you to make a statement?
A. No, sir.
Q. And whatever statement you make you are making it 

of your own free will and accord, voluntarily and of your 
own free will?

A. Yes, sir.
Q. Your name is Walter Woodward?
A. Yes, sir.
Q. Do you want to tell about this occasion too when Mr. 

Darcey was robbed on Saturday night May 13 at Pompano?
A. Yes, sir.
Q. Has anybody promised you any reward or anything to 

get you to talk ?
A. No, sir.
Q. You just want to talk because you want to tell the 

truth about it?
A. Yes, sir.
Q. Charlie Davis, do you want to make a statement and 

tell what you know about the holdup of Mr. Darcey at Pom­
pano on May 13, 1933?

A. Yes, sir.
Q. Has anybody beat you or forced you in any way to 

make the statement you are about to make?
A. No, sir. They have not.
Q. In order to induce you to make a statement has any­

body promised you any reward or anything to get you to 
do it?

A. No, sir.
[fol. 267] Q. You want to make a statement freely and 
voluntary, of your own will ?

A. Yes, sir.
Q. And tell the truth about it?
A. Yes, sir.

Questions by Mr. Maire:
Q. Now, boys, in the presence of all these people that are 

here now, I am talking to all of you now; the statements 
that you have made here in the presence of these men, you 
are making these statements of your own free will and ac­
cord, is that true?



260

A. Yes, sir.
Q. You want it left just that way?
A. Yes, sir.
Q. You have told the truth about it"?
A. Yes, sir.
Q. And nobody has beaten you?
A. No, sir.
Q. Nobody has threatened you?
A. No, sir.
Q. Nobody has promised you anything?
A. No, sir.
Q. Nobody has done anything except question you about 

it, is that it?
A. Yes, sir, that is it .”

Q. Now will you read the latter part of page 28?
A. This was after the boys had all been questioned.
Q. Who was asking the questions ?
A. I  am.
Q. I want to ask Izell Chambers another question. Izell 

Chambers was asked and answered as follows:
Q. Izell did you hear Jack Williams in the presence of all 

of you four boys admit that he also hit Mr. Darcey?
A. He spoke it, yes, sir. We heard that. Walter Wood­

ward was asked and answered as follows:
Q. Walter Woodward, did you hear Jack Williams make 

the statement in the presence of all you boys that he hit 
Mr. Darcey?

A. Yes, sir.

Q. Now, Mr. Maire, refer to the first page, which is also 
stipulated in the record, and state what witnesses were 
present at the time those questions were asked and they gave 
those answers?

A. B. B. Johnson; he is the gentleman that testified yes­
terday, I  believe.

Q. Is he a law enforcement officer?
A. No, sir. Private citizen. W. F. Ford, W. C. Goodrich^ 

deputy sheriff, Walter E. Clark, E. C. Helton, who was con­
stable at Pompano, A. D. Marshall, the jailer, H. H. McNeal; 
I don’t believe he was an officer, I  had never met Mr. McNeal 
before. J. T. Williams, Mr. Coleman, the Court Eeporter, 
and myself. That’s every one that was there besides the



petitioners; Chief Maddox was not there, neither was Robert 
L. Clark.
[fol. 268] Q. Now at that time I believe you said you 
couldn’t see any marks or signs of violence on any of these 
four petitioners?

A. Not a one.
Q. Were you likewise present when they were arraigned 

in court?
A. Oh, yes.
Q. What was their appearance then?
A. Normal.
Q. You see any marks of violence on these four peti­

tioners ?
A. No, sir. I had a better opportunity to observe them at 

the time the confessions were taken, for the simple reason 
that Charlie Davis didn’t have on a top shirt, you could see 
his whole shoulders; he had on this cutaway B. V. D. under­
shirt, and you could see his shoulders and arms and hands 
and his head. The others, some of them, had on shirts, I 
can’t say at this time which one of these boys, but their 
heads were visible. In the court room, of course, they had 
on top shirts.

Q. Did you see any marks, scratches, bruises or abrasions 
of any character or description that was camparatively 
fresh on their heads, or on the body of Charlie Davis when 
that confession was given?

A. No fresh scars, no fresh marks of blood of any kind.
Q. Did you see any when he -as arraigned in court?
A. No, sir.
Q. How about Jack Williamson, see any on him?
A. No, sir.
Q. At any one of these times ?
A. No, sir.
Q. An- how about Walter Woodward?
A. None on him.
Q. How about Izell Chambers ?
A. None on him. There were some old scars on them 

that they have right now.
Q. And you say you had an apportunity at the time you 

took these confessions to examine them at that time?
A. I not only had the opportunity, but I did, Mr. Salis­

bury. I want to say one other thing while I  am up here.

Mr. C atts: We object.

261



2 6 2

Mr. Maire: May I ask my own self a question and an­
swer it?

The Court: I  think you better answer questions. You 
may be recalled, if necessary.

[fol. 269] Cross-examination.
By Mr. C atts:

Q. Mr. Clark, were you over at the jail all night of Satur­
day night?

A. This is not Mr. Clark, but I  wasn’t there.
Q. Mr. Maire?
A. No, sir.
Q. You were not over to the jail on that particular Satur­

day night ?
A. No, sir.
Q. The negro cook that served the sandwiches is mistaken?
A. Yes, if he says that I was there all night, he is mistaken.
Q. You heard him say that?
A. I  think he said that.
Q. Were you over there at 11 o ’clock that night?
A. No, sir.
Q. Mr. Helton is mistaken when he said in his opinion you 

were there at eleven o’clock?
A. Yes, sir.
Q. What time did you come to the jail the first time that 

night ?
A. I t was between 2 and 3 o ’clock in the morning.
Q. How long did you stay then?
A. Not over an hour and half.
Q. You think you were there between 2 and 3 and stayed 

there an hour and a half ?
A. Possibly between an hour and hour and a half. I will 

say I  wasn’t there over an hour and a half.
Q. When did you next come to the jail?
A. About 6 :30 in the morning.
Q. The first time when you were in the office and Walter 

Woodward was in your office alone at 2 :30, and you asked the 
officers to leave the room; which officers did you ask to leave 
the room?

A. Mr. Marshall and Mr. Helton.
Q. And who else?
A. Mr. Walter Clark may have been there.
Q. And did you see Captain Williams at that time?



263

A. Yes, Captain Williams was there.
Q. Was he down in your office?
A. Yes, sir.
Q. He was there again the next morning at 6.30 when you 

came back?
A. He was there.

[fol. 270] Q. You ask him to leave the room?
A. The first time-----
Q. I am talking about the 2.30 occasion?
A. Yes, sir.
Q. You ask all the other officers to leave the room; you 

shut the door?
A. I  can’t say I  shut the door.
Q. Were the officers within hearing of what you were 

saying to these men?
A. No, sir, they couldn’t hear it.
Q. They couldn’t hear what you said?
A. No, sir.
Q. How many times that night did you call up the County 

jail in connection with this investigation?
A. Not a single time.
Q. How many times were you called by the county jail 

that night?
A. Once over the phone, that was the first time I went, 

and the next time Mr. Goodrich came to my house and I went 
at 6.30 in the morning.

Q. Had you up to this time taken any part in this investi­
gation before you were called at 2.30 that morning?

A. No, sir.
Q. That’s the first you had, as State attorney, taken any 

action in this investigation when you were called at 2.30 
in the morning?

A. I believe I had talked to this Mack Little prior to that 
time.

Q. Where did you talk to Mack Little?
A. In my office.
Q. In the County court house?
A. Yes, sir.
Q. Hay time or night?
A. Day time.
Q. You recall any other party you talked to?
A. No, th a t’s all.
Q. I  believe you said you were State’s attorney for the 

Twenty Second Judicial Circuit at that time?



264

A. Yes, sir.
Q. And when you dismissed these officers from your office 

about 2.30 in the morning, and had a conversation with 
Walter Woodward, you said you felt it was your duty to 
tell him it was also your duty to defend as well as to prose­
cute ; you sure you told him that.

A. Absolutely.
Q. And you felt that in your mind and in your soul it was 

your duty to defend as well as prosecute?
A. Yes, sir, and I  feel that way now.

[fol. 271] Q. And you told him at that time if he had 
been mistreated you would have him removed to some other 
jail by bringing it to the attention of the Circuit Judge?

A. Yes, sir.
Q. At that time were you familiar with the provisions 

of our constitution that prohibits a defendant charged with 
capital offense from giving testimony against himself? 
Were you familiar with that particular law on it?

A. Prohibiting him from doing it?
Q. Or prohibiting the officers from compelling or requir­

ing bim to give testimony against himself?
A. T hat’s right.
Q. Were you at that time familiar with that provision 

of the law?
A. Yes, sir.
Q. Did you at that time tell him his rights in that respect?
A. I  told him that he didn’t have to make a statement 

at all with reference to it.
Q. Did you tell him that the constitution of this country 

gave him that right?
A. I  didn’t tell him the constitution did, I  told him what 

the constitution said.
Q. What did you tell him?
A. I told him he didn’t have to make any statement at 

all, that he didn’t have to say one single solitary thing 
if he didn’t want to; he couldn’t be made to make a state­
ment or testify in any manner.

Q. Did you tell these four boys this the next morning?
A. No, sir, I  read the questions to them.
Q. Now were you still feeling the same duty to defend 

the next morning?
A. Yes, sir.
Q. Did you tell the boys at that time that the constitution 

gave them that protection?



265

A. I  told them just this-----
Q. (Question repeated.)
A. No, I  didn’t.
Q. Still you felt it was your duty to defend as State’s 

attorney, the same in the morning at 6 :30 and you did at 2 
o’clock that night?

A. Yes, sir.
[fol. 272] Q. Are you familiar with the principle of law, 
and were you at that time familiar with the principle of 
law that prohibits the prolonged questioning of people 
charged with a capital offense, without rest, by officers of 
the law?

A. Oh, yes. ,
Q. Did you advise them of that at the time, of that right 

that they had in that respect?
A. I did not; there was nothing to indicate they hadn’t 

had any rest.
Q. They were awake at 6:30?
A. Yes, sir, so was I.
Q. You had some sleep?
A. Yes, sir, three hours that night.
Q. And they were at least awake at 2:30?
A. Yes, sir, so was I.
Q. Was the fact that you were called over there at 2:30 

and again at daylight that morning any indication that these 
boys had been kept up all night?

A. No, sir, it was not.
Q. That didn’t suggest to your mind that these boys 

had been kept up all night?
A. No, sir, and doesn’t yet.
Q. Doesn’t yet?
A. No, sir.
(Witness excused.)

W a lter  B. C l a r k , being first duly sworn by the Clerk, 
testified on behalf of the State as follows:

Direct examination.

By Mr. Maire:
Q. Mr. Clark, what official position did you hold in Brow­

ard County on the 23rd day of May, 1933?
A. Sheriff of Broward County.



266

Q. Do you know the petitioners Izell Chambers, Jack Wil­
liamson, Charlie Davis and Walter Woodward!

A. I do.
Q. Yon know when W alter Woodward was placed in the 

Broward County jail in connection with the matter under 
consideration !

A. Yes, sir.
Q. You know what night it was!
A. I t was Sunday night.
Q. How many times did you see Walter Woodward dur­

ing the following week?
Q. I  can’t say how many times I  saw him, I  saw him 

[fol. 273] several times during that week, I don’t know the 
exact amount of time.

Q. Would you say you saw him daily that week!
A. I have seen Walter Woodward during that week, yes; 

I  don’t know whether I  saw him every day or not; I don’t 
believe I  did.

Q. At the time you did see him was anybody else present!
A. Some of the time, yes.
Q. All the time?
A. Not all the time, no, sir.
Q. Do you know whether or not Walter Woodward was 

continually beat, kicked, and bruised every night from May 
13 until May 21, 1933?

A. He was not. In fact he wasn’t questioned only one 
night, and that was Saturday night.

Q. Were you present in the Sheriff’s office in Broward 
County on Saturday and Sunday night?

A. Yes, sir.
Q. Who else was present?
A. J. T. Williams, H. H. McNeal, A. D. Marshall, Mr. 

Helton was present part of the time, and Mr. Goodrich was 
present part of the time and Dick Goodrich was there part 
of the time.

Q. Did you say Mr. Helton?
A. He was there part of the time.
Q. Do you know whether or not you were present with 

J. T. Williams every time J. T. Williams questioned Walter 
Woodward or saw him in the jail?

_A_ Yes six*.
Q. On the night of the 20th or 21st day of May, 1933, 

was Walter Woodward taken out by Captain J. T. Williams 
and placed upon a chair in a room where there were some



267

eight or nine men, some with pistols, others with black jacks 
and clubs, and loaded rubber hose?

A. No, sir.
Q. Who carried Walter Woodward from his cell to any 

other part of the building that night?
A. Mr. Marshall.
Q. Did some eight or nine men commence beating him?
A. No, sir.
Q. Did Captain Williams strike him on the jaw bringing- 

blood in profusion?
A. He did not.

[fol. 274] Q. Did Walter Woodward say he was not guilty, 
and did somebody in the room say “ we will make you talk” ?

A. No, sir.
Q. Did you or anybody at that time in your presence 

abuse him, kicking him on the shin and hitting him over 
the shoulders and arms with a rubber hose ?

A. No, sir.
Q. And trample on his bare feet?
A. No, sir.
Q. At any time that night, or any other time during the 

period of time he was in the Broward County jail?
A. No, we did not.
Q. Did you or anybody in your presence that night tie 

a grass rope around the neck of Walter Woodward, and 
tell him you would kill him if he didn’t come clean and 
confess?

A. No, sir.
Q. Did you or any one in your presence tell Walter 

Woodward that he would be taken to the West Dixie High­
way, and you or they would have a necktie party and riddle 
his body with bullets?

A. No, sir, not in my presence.
Q. Was Walter Woodward, at 10:30 taken back to his 

cell and locked up until about six o’clock Sunday morning, 
May 21, and then taken out of his cell and taken to your 
office, where a noose was again placed about his neck, and 
he was again kicked in the stomach and beaten even more 
violently than before, blows cutting deep gashes in his body 
and causing blood to run profusely over his clothing?

A. No, sir, he was not taken to my office on Saturday 
night at all.

Q. Did you at that time, or anybody in your presence, or 
any other time, tell him that he must make a complete con­



2 6 8

fession, that you were not fooling with him, and if he didn’t 
come clean that they would take him out on the Dixie High­
way and riddle his body with bullets?

A. No, sir, we did not.
Q. As a result of that did he consent to confess ?
A. Not as a result of that.
Q. Were you present when he was brought to the office 

of myself as S tate’s attorney to make a statement about 
what happened?

A. Yes, sir.
[fol. 275] Q. Were you present all night in the Broward 
County jail?

A. Yes, sir.
Q. On that particular night?
A. Yes, sir, I  was.
Q. Did you at any time that entire night, strike, kick or 

beat Walter Woodward in any manner or form?
A. No, sir.
Q. Or did any of those in your presence?
A. No, sir.
Q. Did you, or any one in your presence at any time, 

from the time he was arrested and in the custody of the 
officers, ever hit, beat, kick or illtreat Walter Woodward?

A. No, sir, we did not.
Q. Have you or anybody that you know of, in your pres­

ence put a rope around his neck, threatened him, beat him, 
kick or ill-treated him in any way?

A. No, sir.
Q. Were you present that night when Charlie Davis was 

taken from his cell ?
A. Yes, sir.
Q. Who took him from his cell?
A. Mr. Marshall.
Q. Was he taken to the sheriff’s office?
A. No, sir, he was taken into Mr. Marshall’s quarters 

where we were at.
Q. Was he seated in a chair and then knocked out of the 

chair against a brick wall in the room, knocked unconscious 
by one of the men there?

A. No, sir, he was not.
Q. Did the back of his head strike the wall cutting a deep 

gash, leaving him in a semi-conscious condition ?
A. No, sir.



269

Q. Did you, or anybody in your presence, continue to beat 
him about the head, arms and shoulders with a rubber hose, 
and did any one in your presence pull out a gun and point 
it at him, have his finger on the trigger, and say he would 
shoot and kill him if he didn’t confess to the murder of 
Mr. Darcey?

A. No, sir.
Q. Did Charlie Davis then say he would admit anything ?
A. No, sir.
Q. Is it true that for a week prior to the date of the con­

fessions, which was Sunday morning the 21st of May 1933, 
that Charlie Davis had been walked and questioned without 
sleep and beat every night in an effort to make him confess?

A. No, sir.
[fol. 276] Q. Did that happen every night after he was 
placed in your custody as sheriff, when you were present?

A. I wouldn’t say he wasn’t taken out of the cell to be 
questioned unless I was present.

Q. You know Jack Williamson?
A. Yes, sir.
Q. Is it true that during the entire week prior to May 

20, 1933, Jack Williamson was walked back and forth from 
his cell to the sheriff’s office and other parts of the jail, 
every night, sometimes all night, and told by Captain W. T. 
Williams and Bob Clark and Chief of Police Maddox that 
he would have to confess tonight to the crime with which he 
was charged?

A. No, sir. As a matter of fact Chief Maddox and Bob 
Clark was not there.

Q. What night were they not there?
A. Saturday night, the night they confessed.
Q. Was Virgil Wright present?
A. No, sir.
Q. Did Chief Maddox hit him twice over the head with a 

pistol?
A. No, sir.
Q. That night or any other time you know of?
A. No, sir.
Q. Did any one in your presence inflict punishment on 

Jack Williamson with black jacks and loaded rubber hose 
until they practically exhausted themselves?

A. No, sir.
Q. Did you or did anybody in your presence put a rope 

around the neck of Jack Williamson?



270

A. No, sir.
Q. And throw one end over some piping and draw him 

up and down by the neck, and the rope cut gashes in his 
neck?

A. No, we did not.
Q. Was there any piping arrangement there in the jail?
A. No, sir, it is a solid steel top, there isn’t anything to 

throw any rope over.
Q. Did you throw it over any part of the cell?
A. No, sir, there wasn’t any rope around his neck.

[fol. 277] Q. Did three men ever in your presence beat him 
with black jacks and loaded rubber hose?

A. No, sir.
Q. Did Captain J. T. Williams kick him about the body?
A. No, sir.
Q. Did Chief Maddox place a pistol against his neck and 

say “ we will tell you what to say and you will say i t ” ?
A. No, sir.
Q. Did Jack Williamson say he had nothing to do with 

the crime and beg them to cease beating and abusing him?
A. No, he didn’t plead to us, he had no reason to plead 

to us.
Q. Was he again drawn up by a rope and unmercifully 

beaten?
A. No, sir.
Q. Was Jack Williamson told by you or anybody in your 

presence he would have to identify Charlie Davis?
A. No, sir.
Q. Did he deny he knew Charlie Davis, and then did 

Captain J. T. Williams knock him out of the chair and say 
“ you will know him” , and keep beating him until they said 
they knew each other?

A. No, sir.
Q. You know Izell Chambers?
A. Yes, sir.
Q. Prom May 13 until the morning of the 21st day of 

May, 1933, was Izell Chambers walked back and forth from 
one part of the jail to the other all night long in order to 
make him identify others in connection with the murder 
of Mr. Darcey?

A. Was that one night out of the whole week. He wasn’t 
questioned only that Saturday night.

Q. On the night of May 20, 1933, was Izell Chambers 
brought from his cell to your office, seated in a chair in the



271

presence of some eight or nine men, one of whom was J. T. 
Williams !

A. No, sir, he wasn’t carried to my office on Saturday 
night.

Q. Did Captain Williams at that time grab him by the 
throat and hit him a number of times in the face, causing 
blood to run from his eyes and nose!

A. No, sir.
Q. Did Captain Williams throw Izell Chambers in a chair 

while others stood around with pistols in their hands in a 
threatening manner !

A. No, sir.
[fol. 278] Q. Did Captain Williams say he would kill Izell 
Chambers unless he implicated others in this case!

A. No, sir.
Q. Did Captain Williams at that time tell Izell Chambers 

if he didn’t say that Jack Williams was guilty, and he, Izell 
Chambers, with with him at the time, they would kill him!

A. No, sir.
Q. Did Captain Williams draw a gun and press it against 

the head of Izell Chambers and say if he didn’t repeat his 
statement he would kill Izell Chambers, and throw him out 
of the window and swear he jumped out of the window and 
killed himself!

A. No, sir.
Q. On the morning of the 21st day of May, 1933, when a 

purported confession was taken in the living room of the 
jailer’s quarters, was Chief Maddox present when that con­
fession was taken !

A. No, sir.
Q. Was Virgin Wright present!
A. No, sir.
Q. Was Robert L. Clark present!
A. No, sir.
Q. Were the petitioners forced by Captain Williams, or 

by you, or any one in your presence to make a confession 
at that time!

A. No, sir.
Q. Did Captain J. T. Williams lay a stock over the lap of 

Charlie Davis, and did Chief Maddox put into Walter Wood­
ward’s hand a hammer with a string tied on the end and 
tell them that “ this is the weapons they used to kill Mr. 
Darcey at Pompano with!

A. No, sir.



272

Q. Did anybody direct any of these four petitioners what 
to say at that time, or any time prior to that time ?

A. No, sir.
Q. Were they told to stick to their story when the State’s 

attorney arrived to take their confessions!
A. No, sir.
Q. Were you present in the court room when these four 

petitioners were brought into the court room?
A. Yes, sir.
Q. Did you bring them into the court room yourself?
A. No, sir.
Q. Did Captain Williams?
A. No, sir, Captain Williams and myself were in the 

court room sitting down in a seat.
[fol. 279] Q. Who brought them in the court room?

A. Some of the deputies, I  don’t remember just which?
Q. Did you go to their cells prior to their arraignment 

and talk to them ?
A. No, sir.
Q. Did Captain Williams?
A. No, sir.
Q. Was Captain Williams with you that morning?
A. Yes, sir.
Q. Did either one of you go there and talk to them before 

they were brought into the court ?
A. No, sir.
Q. Did either one of you talk to them after they were 

brought into the court room?
A. No, sir.
Q. Did either one of you tell them that morning they had 

better stick to their story in the court room?
A. No, sir.
Q. Were you present in the court room when the peti­

tioners were brought into court that morning?
A. No, sir.
Q. On the night of May 20th was Izell Chambers beat all 

night ?
A. No, sir.
Q. Was he beat by Chief Maddox that night?
A. No, sir.
Q. By any one else?
A. No, sir.
Q. Did you ever see Captain J. T. Williams, or any­

body, stomp on the bare feet of Walter Woodward?



273

A. No, sir.
Q. Did you see anybody bit Charlie Davis on the night of 

the 20th with a rubber hose?
A. No, sir.
Q. Or with a club or stick or hit him with their fist or 

kick him at any time?
A. No, sir.
Q. Were you present on the morning of the 21st day when 

their confessions were taken?
A. Yes, sir.
Q. You know whether or not they all had shirts on?
A. They didn’t all have shirts on.
Q. You remember which ones didn’t have?
A. I am not positive, but I  believe Charlie Davis didn’t 

have a shirt on.
Q. On the 21st day of May did you tell Jack Williamson 

if he didn’t confess to this crime he would be lynched?
A. No, sir.
Q. Did any one in your presence tell him that?
A. No, sir.

[fol. 280] Q. At any time?
A. No, sir.
Q. At the time of the purported confessions taken on 

May 21, 1933, were there any signs of any bruises, blood or 
marks noticeable upon any exposed parts of the bodies of 
any of these petitioners?

A. No, sir, there was not.
Q. Have you yourself, or any deputy, or any citizen or 

any person you know of, at any time or any place ever 
abused, hit, kicked, struck with a rubber hose, put a rope 
around the neck or physically threatened or abused or in­
jured or mis-treated any of these four petitioners at any 
time ?

A. No, sir, they have not.
Q. After they were placed in the Broward County jail, 

before or since?
A. No, sir, not in my presence.
Q. Was Mr. Charles Gordon, Clerk of the Circuit Court, 

was he present at any time of the 21st of May?
A. No, sir, he was not.
Q. Was he present when their confessions were taken?
A. No, sir, he was not.

18—195



274

Q. Did you or Captain Williams, or anybody in your 
presence, ever do anything to prevent these petitioners 
from talking freely with their lawyers or counsel appointed 
in this case!

A. No, sir, we didn’t keep them from talking freely at 
any time.

Q. Do you have any idea how many people you questioned 
the night of the 20th and the 21st day of May, 1933 ?

A. Saturday night?
Q. Yes, and Sunday morning.
A. We questioned six or eight or ten other men besides 

these four; there was quite a few we questioned besides 
these four.

Q. Would you say you questioned as many as six others, 
besides these petitioners?

A. Yes, sir.
Q. Did you grill or question these petitioners any more 

than you did the others that were questioned that night?
A. No, sir.
Q. What was the longest length of time you questioned 

any individual that night ?
A. I  would say thirty minutes.

[fol. 281] Q. Did you ever question at any one particular 
time any one of these petitioners longer than thirty minutes?

A. I don’t think so. Some of the time we wouidn’t ques­
tion them more than fifteen minutes.

Q. What was the manner or method that you used in ques­
tioning them?

A. I asked them questions about where they were on this 
Saturday night and what they were doing; and they would 
give me some statement where they were at or what they 
were doing, and I  would check on it and find it wasn’t so; 
and ask them again and they would tell me a different story.

Q. Have you any idea what period of time would elapse 
between the time you questioned any one of these individual 
petitioners ?

A. Sometimes be an hour and a half or two hours and a 
half, may be three hours.

Q. What was the longest total length of time you ques­
tioned any of these petitioners that whole night altogether?

A. The time we questioned them altogether?
Q. Yes.
A. Would be two hours and a half, not over three hours.
Q. And where were they between each time ?



A. They were in their cells ?
Q. Was there a bed in the cell?
A. Yes, sir, we have beds in all the cells.
Q. Was there anything that prevented any of them from 

sleeping ?
A. No, sir.
Q. What about the week prior to the night these confes­

sions were taken; how much questioning did you do of any 
one of these four petitioners during that week?

A. I  questioned a lot of men we had in jail that week, and 
I believe that I  questioned Izell Chambers and Jack Wil­
liamson part of that week, some of the time, may be three 
or four times during the week.

Q. What was the greatest length of time you ever ques­
tioned them?

A. Around thirty minutes.
Q. Did you ever force any of them, to walk, or beat or 

threaten them in any way prior to this night?
A. No, sir.

[fol. 282] Q. From what you have stated as to the length 
of time you questioned these four petitioners on the night 
of----- -

A. (interrupting) In answer to that last question, I 
questioned Charlie Davis one time before this Saturday 
night, that was the previous Saturday night they had him 
in the Pompano jail. Chief Maddox told me they had this 
Charlie Davis up in Pompano jail, and we went up there and 
questioned him. I don’t expect it would be proper for me 
to tell why.

Q. Just tell what you did.
A. We went there and questioned him that night a few 

minutes in the jail up there, and Captain Williams says to 
me, he says, “ I don’t think that boy is guilty, I think he is 
crazy, I  don’t think he is guilty. ’ ’

Q. Who says that?
A. Captain Williams. We went off, I didn’t question him 

any more until Saturday night.
Q. You mean the Saturday night the confession was 

taken ?
A. Yes, sir.
Q. You didn’t then question him for a solid week?
A. No, sir.
Q. Did anybody question him in your presence?
A. Not in my presence, no, sir.



276

Q. What time did you start questioning any of the people 
that you questioned the night the confession was taken?

A. We questioned them in the afternoon some time about 
four or five o ’clock, may be a couple of hours, and went home 
and got some supper and come back about—I don’t know 
exactly the time, I would say eight o’clock. I don’t know 
whether seven or eight or eight-thirty.

Q. Mr. Clark, from the time you came back at 8.30 until 
midnight, had you questioned all four of these petitioners?

A. No, sir.
Q. What ones had you questioned?
A. I  hadn’t questioned Charlie Davis.
Q. Had you questioned the other three?
A. I questioned the other three.
Q. You didn’t question Charlie Davis prior to midnight?
A. No, sir.

[fol. 283] Q. How many hours sleep did they have an op­
portunity to get that night?

A. They could have slept all the night, except I  would 
say three hours, two hours and a half or three hours.

Q. What was the reason for bringing them out and having 
them returned to the cell, and then later bringing them out 
again ?

A. Because I would question one of them, and he would 
tell me some story about where he was at on Saturday night, 
and put him back in the cell and check on that and find out 
that he wasn’t there, he was telling me a lie about it, and 
then bring him out and would question him again, I tell him 
I checked on the last story he told me, tell him I checked 
on it, and he would tell me a different story about where he 
was at and what he was doing on Saturday night.

Q. You curse at him at that time?
A. No, sir.
Q. Anybody else curse him in your presence?
A. No, sir.
Q. Threaten him in any way?
A. No, sir.
Q. What was their manner in making their statement and 

answering your questions ?
A. Just free and voluntarily, just like they are sitting 

there now, there wasn’t anything exciting, they wasn’t 
scared.

Q. Who always brought them down to you out of the cell 
into the room where they were questioned ?



277

A. Mr. Marshall.
Q. Captain Williams ever go to the cell and bring any of 

them out?
A. Not that night.
Q. Did he ever go to the cell?
A. No, sir.
Q. Did you go to the cell ?
A. That night ?
Q. Yes.
A. No, sir.
Q. Did anybody stay in their cells for any great length 

of time when they went after them ?
A. Didn’t anybody go after them but Mr. Marshall, and 

he would be gone long enough to go to the cell and bring 
them out.

Q. Did you examine people that were in the jail all night 
long without any rest ?

A. Anybody we had in jail all night without any rest?
[fol. 284] Q. I  mean did you yourself, you or Captain Wil­
liams or A. D. Marshall, or any officers that were with you, 
examine somebody all night long, of did you not?

A. No, we stopped and ate something, and then later on 
in the night one of them confessed. You want me to tell the 
jury why this period of rest come in there?

Mr. Catts: Are you talking about Walter Woodward?
Witness: Yes, I  am talking about any of them.
Q. What I want to get is, how long did any of the other 

officers rest without questioning anybody in the jail?
A. I  would say an hour and a half, may be two hours.
Q. You know what time of night that was?
A. Some time in the morning, because I had been back to 

Pompano to see if they could find some money in a pocket- 
book they claimed——

Q. Don’t go into anything like that.
Mr. C atts: We move to strike that testimony.
The Court: I t may be stricken.
Q. What did you do while you were having that rest 

period?
A. Why I think I ate a sandwich and had a cup of coffee, 

and lay down and took a nap.
Q. Why did you rest at that time ?
A. Because we wasn’t questioning anybody.



278

Q. Was there any reason for not questioning at that time?
A. We were waiting for them people to get back from 

Pompano.
Q. Do you remember when I  was there during the night?
A. Yes, sir.
Q. You know about how long it took to get through with 

W alter Woodward in my office the first time I  went there 
that night?

A. I to am not positive; I think it was less than an hour. 
I  don’t believe it was over an hour.
[fol. 285] Q. Did I stay there afterwards?

A. No, sir, you left.
Q. Do you know Prince Douglass, James Douglass?
A. Yes, sir.
Q. Was he there that night?
A. Yes, he was our cook in the jail.
Q. What was he doing ?
A. He was serving us some sandwiches and coffee.
Q. Was he ever in the room while you were questioning 

anybody that night ?
A. Yes, he would come in, sit down, and go back in the 

kitchen, and mess around between the questioning.
Q. Was anything done that night, either in the line of de­

priving these prisoners from sleeping, or threatening them 
or from beating, kicking, cursing or in any manner prevail­
ing upon them to tell anything other than what they wanted 
to tell?

A. No, sir. The only time they were deprived of sleep 
was the time we were questioning them, and as far as beat­
ing and cursing them, there wasn’t any beat and cursed.

Q. You were there every time they were questioned?
A. I  was there every time they were questioned that night.

Cross-examination.

By Mr. C atts:
Q. How long have you been Sheriff of Broward County?
A. The last term—pretty nearly four years.
Q. You were Sheriff before that?
A. No, sir, Mr. Turner was Sheriff prior to this term.
Q. How many deputy sheriffs did you have during the 

month of May, 1933?
A. I  had four mounted deputies.
Q. Did that include the jailer?



279

A. Yes, sir, four deputies, and Mrs. Freeman, she had 
the civil work. Robert Clark, Dick Goodrich, Virgil Wright 
and Mrs. Freeman.

Q. And the jailer?
A. Jailer Marshall, and myself.
Q. Mr. Maddox was chief of police at Pompano?
A. Yes.
Q. He was an officer of the law?
A. Yes.
Q. And Mr. Helton, who testified yesterday, he was con­

stable ?
A. Yes, sir, he was constable.

[fol. 286] Q. Who usually had charge of the investigations 
down there, or do you have any particular one who investi­
gates homicides ?

A. The most important ones I investigate them myself.
Q. Personally?
A. Yes, sir. May be some of the other men that know 

anything about it, or anybody in the County that knows any­
thing about the case.

Q. Who is this Captain Williams?
A. He was captain of the convict camp west of Boynton.
O. Did you ask him to come down there and assist you in 

this ?
A. Yes, sir, I went up there and got him. I went to Mr. 

Marshall, he heard about this and he says to me-----
Q. Don’t tell that. Did you ask him to come down; he 

came down at your invitation?
A. Yes, sir, I went out there and got him and his blood­

hounds.
Q. You are still not answering my question; it isn’t re­

sponsive. I ask if it was at your invitation he came down 
and he tells other things that are not responsive to the ques­
tion. I  move to strike the rest of his answer.

The Court: Denied.
Q. I asked you if it was at your invitation he came down?
A. Yes, sir.
Q. Did you ask him to stay down there all the week .
A. Ho, sir, he didn’t stay down there all the week.
Q. You ask him to come down there the following Satur­

day night?
A. No, sir, I did not.



280

Q. Did you ask him at any time, after he came down the 
first night with the bloodhounds, that you have already told 
the jury about, to come back at any other time ?

A. I  don’t  remember whether I  asked him to come down 
after the time he come down.

Q. I  say, at any time did you ever ask him to come back 
after that first night?

A. I  can’t say positively whether I  asked him to come 
back or not. He helped me with the case and was interested 
in it. I don’t know whether I  asked him or not.
[fol. 287] Q. You know whether he came down at any time 
when you wasn’t at the jail or not?

A. I  wouldn’t say positively whether he did.
Q. Do you live at the jail?
A. No, sir, I live at home.
Q. I believe you say in your direct testimony here that 

only one of these boys-—I believe you said Walter Wood­
ward wasn’t taken out and questioned during the week ?

A. No, sir.
Q. Which one of them was taken out during the day time ?
A. I  believe Izell Chambers and Jack Williamson was 

taken out once or twice in the day time.
Q. Who was there when you took them out that time?
A. I don’t remember who was there.
Q. Was Captain Williams there?
A. I  wouldn’t say positively whether he was there; he 

might have been there once.
Q. How many times were you around the jail that week, 

Sheriff?
A. I  was in the office pretty nearly all the week.
Q. Were you there at night?
A. Not every night.
Q. Were you there on any night?
A. I  was there Saturday night.
Q. Any night besides Saturday?
A. I  wouldn’t say positively; I  expect I  was.
Q. Why did you put off the questioning of all these thirty 

one or two people in the jail?
A. I  don’t know whether we had thirty or forty.
Q. Why did you put that examination off for a whole 

week ?
A. I  had been questioning them in the day time all the 

week.
Q. You hadn’t questioned them at night before, had you?



281

A. No, sir.
Q. Why did you put it off!
A. We were questioning them during the week, and I was 

busy all day Saturday, I didn’t question them until late in 
the afternoon.

Q. You didn’t have time to question them all, did you?
Q. We had time to question them, but I didn’t.
Q. Why didn’t you?
A. Because I  questioned them all day and I  was tired, 

ffol. 288] Q. Why didn’t you question them Tuesday 
night ?

A. I didn’t want to.
Q. Why didn’t you want to?
A. Well, I  tell you, one of the reasons is because I worked 

all day Tuesday and I didn’t feel like sitting up and ques­
tioning them Tuesday night.

Q. Why didn’t you question them Wednesday?
A. I didn’t question them Wednesday.
Q. AVhy didn’t you question them Wednesday night?
A. I don’t know the reason why I didn’t question them 

Wednesday night.
Q. Well was there any reason why you didn’t?
A. AYell, because we were questioning these boys on 

Wednesday, every day during the week, the boys we had 
in jail, not particularly these, but some that we had in jail.

Q. AVhy didn’t you question them Thursday night? The 
same reason as the other days, you were tired when night 
comes ?

A. I  suppose so.
Q. AVere you busy all day Thursday questioning people 

in connection with this homicide?
A. Yes, sir.
Q. On Friday and Saturday?
A. I didn’t question anybody on Saturday.
Q. Saturday morning was the only time that you didn’t 

question some one ?
A. Yes.
Q. AVere all your officers, not only the officers, but any­

body in the County that was working on the case, that whole 
week was devoted" to questioning suspects who were in jail, 
and other people not in jail, in connection with this homi­
cide, did you spend all the time you had?

A. All the time except to do some other official business, 
yes, sir.



2 8 2

Q. And the great majority of this time was devoted to 
this particular work?

A. A lot of time was.
Q. You not being there nights during this week, you can’t 

swear to this jury that Captain Williams wasn’t in the jail 
at night—I don’t mean what somebody told you, but of your 
[fol. 289] own knowledge, are you sure that Captain Wil­
liams wasn’t in the Broward County jail, questioning these 
boys during that week?

A. No, I  can’t be sure of it.
Q. Of your own knowledge do you know and can you say 

he was not?
A. If any night I wasn’t there and he come there. I 

couldn’t swear.
Q. You have testified you went to sleep every one of these 

nights ?
A. I went to sleep at night.
Q. You weren’t at the jail during these nights?
A. No, I  sleep at home.
Q. You weren’t around the jail?
A. I  expect I  was in my office the early part of the night.
Q. Do you know that you were; not guessing about these 

things ?
A. No; I  say I may have made a trip to Pompano.
Q. You went to Miami on one trip?
A. Yes, sir.
Q. When was that?
A. Tuesday or Wednesday; I am not positive.
Q. You swear it wasn’t Monday?
A. I  am not sure.
Q. As a matter of fact, it was Monday, eleven o’clock 

wasn’t it?
A. I t  might have been; I am not positive. I  was busy that 

whole week.
Q. Who did you take down there with you?
A. We took four or five negroes down there with us.
Q. Which one of these defendants, which one of these 

petitioners ?
A. I believe we took Jack Williamson and Izell Chambers; 

I  am not positive whether we took both or one of them.
Q. And you took two or three other prisoners down there ?
A. Yes, sir.
Q. Why did you take them down there?



283

A. Because up there in Pompano, there was negroes up 
there in Pompano-----

Q, Without going into that detail-----
A. I have got to explain why.
Q. Were you afraid of mob violence!

[fol. 290] A. I wasn’t afraid of it, no, sir, but I wanted to 
prevent anything—I wasn’t afraid of it.

Q. Was it intimated there might be mob violence?
A. Yes, sir, there was talk around it might be.
Q. That was your chief reason for taking them to Miami 

jail at that time on Monday night?
A. Yes, I  wanted to give protection to every prisoner we 

got in jail.
Q. Now if I  gather by your testimony correctly, you and 

the rest of your office force, and others in Broward County, 
during the whole of this week were examining suspects and 
making investigation, particularly you and your office force, 
into this homicide, of all available time you had during the 
week, when you were not sleeping?

A. Yes, sir, not just exactly these boys we had, but in the 
community of Pompano, other people that live in Pompano.

Q. During that week were there confessions made by two 
other boys, Prank Manuel and Mack Little?

A. No, sir.
Q. You ever see anything in the paper about that?
A. I  don’t think so, I  am not positive whether I have or 

not.
Q. You are pretty familiar with the case?
A. They didn’t confess to me.
Q. Well, didn’t the newspapers carry a story saying they 

confessed at that time?
A. I don’t believe so.
Q. You never saw such a newspaper?
A. I  couldn’t say I had, no, sir.
Q. What time did you first see either of these petitioners 

on Saturday, May 20, 1933?
A. That was the night the confession was taken.
Q. That was on Saturday, the 20th, the day before Sun­

day? .
A. I am not positive whether I went through the jail and 

saw any of them that day or not, but we started about four 
or five o ’clock and questioned some of them.

Q. Who all were present when you first started?
[fol. 291] A. Mr. Williams.



284

Q. Captain Williams ?
A, Captain Williams and Clyde Helton.
Q. That’s the constable who testified yesterday ?
A. Yes, sir, and Mr. Marshall, myself and another deputy. 

I can’t say positively.
Q. Do you know where Captain Williams is now?
A. No, sir. I  made a trip to Raiford to see if I  could lo­

cate Mm.
Q. When was the last you heard of him?
A. I haven’t heard from Mr. Williams after the summer 

this thing happened. I  was talking to the superintendent 
the other day and he said he hadn’t heard from Mr. Wil­
liams in two or three ywars, since they fired him.

Q. On that Saturday afternoon, about what time was it 
you started ?

A. I  wouldn’t  say positively, but I  think around four or 
five o’clock, or between 3.30 and four, I  don’t remember.

Q. Where were you at that time, where were you ques­
tioning these boys ?

A. Up in Mr. Marshall’s living quarters.
Q. That’s on the fourth floor of the jail?
A. Yes, sir.
Q. Who was the first person you brought in that Saturday 

afternoon and questioned?
A. I don’t know I  don’t know who was the first one we 

brought in.
Q. You don’t remember that?
A. No, sir. I  couldn’t tell you which was the first one 

brought in.
Q. Who was the second one brought it?
A. I couldn’t tell.
Q. Who was the third one ?
A. I  couldn’t tell you that.
Q. How long did you continue the questioning?
A. Hour and a half or two hours in the afternoon and 

went home to supper and come back later in the night.
Q. That’s the same Mr. Helton that testified yesterday?
A. Yes, sir.
Q. You heard him testify?
A. Yes, sir.
Q. That’s the same session you are testifying about that 

Mr. Helton testified about yesterday?
A. Yes, sir.



285

[fol. 292] Q. How many people would you say you brought 
in there and questioned from the time you began that after­
noon until you adjourned to get something to eat and come 
back ?

A. I  would say three or four or five.
Q. Three or four or five?
A. May be I  didn’t question more than two or three, I 

couldn’t  say.
Q. You would have to question more than two or three. 

You said you didn’t question any of them more than thirty 
minutes ?

A. I don’t know how long. I would sit down and question 
them, ask where they were that night and who they were 
with.

Q. Do you mean to tell this jury right now you can’t tell 
them any particular length of time you kept one man in there 
from nine o ’clock that night, or 9 :45, who all you had in there 
and how long you had him there ?

A. I  said I  questioned them among 30 or 35.
Q. As a matter of fact you don’t know how many people 

you had in there and how much time you spent. Now, get­
ting back to the question I  was asking you; can you tell this 
court and jury now whether during that first session on 
Saturday afternoon you had two or three people in there, or 
you had four or five people in there?

A. I couldn’t tell how many people I had in there.
Q. You don’t  remember whether your started at four 

and quit at six, or started at 4.30 and quit at six?
A. I  don’t know.
Q. And you don’t  know wow long you kept any of these 

people in there?
A. I  know I asked questions about where they were that 

night.
Q. But how long would you say you had been on the wit­

ness stand this morning?
A. I  would say three quarters of an hour.
Q. T hat’s your idea of how long you have been on the wit­

ness stand, and all of the questions he has asked you?
A. I didn’t ask them as many questions as Mr. Maire did, 

I didn’t ask them that many questions.
[fol. 293] Q. You don’t know exactly what time you left to 
go to dinner than 6.30,1 believe you say?

A. The best of my memory it was.
Q. You know about what time you come back?



286

A. I  would say 8 or 8.30.
Q. Where did you go when you come back to the jail this 

time!
A. We come back to my office and went up to Mr. Mar­

shall’s living quarters.
Q. About what time did you go up to Mr. Marshall’s liv­

ing quarters?
A. I  would say 8 or 8.30.
Q. You didn’t delay in your office very long?
A. I don’t  remember whether there was anybody in the 

office to talk to me.
Q. You would say you went to Mr. Marshall’s quarters 

around 8 or 8.30?
A. Somewhere around that time.
Q. How long did you stay in his quarters at that time and 

continue to question people?
A. We questioned them until in the morning some time.
Q. I mean without an adjournment, or without any one 

leaving the room, and while Captain Williams was in the 
room, how long did you continue to examine them at that 
time ?

A. Well we questioned some of them a while, then I  got up 
to get a drink of water, and sat around and talked some.

Q. Well how long did you continue; all night?
A. We questioned all night, off and on, except some time 

in the morning.
Q. You heard constable Helton say you took a recess 

about 12 o’clock?
A. Yes, sir.
Q. Is that right?
A. I  think it was later than 12.
Q. Who was the first man you questioned after you came 

back to the jail?
A. I  can’t tell.
Q. Who was the second man?
A. I  can’t tell.
Q. Who was the third man?
A. I can’t tell.

[fol. 294] Q. Who was the last man you questioned before 
the adjournment?

A. I don’t remember which one of these three or four men.
Q. But you were questioning somebody practically all the 

time during that time until you took this little recess that 
Mr. Helton testified about?



287

A. Yes, sir, we might have stopped ten or fifteen minutes 
to talk it over amongst ourselves.

Q. You said a few minutes ago the time between the tak­
ing one out and bringing the other back would be the time 
it took the jailer to go to the cell and bring him back!

A. I  believe Mr. Maire asked how long the jailer would be 
gone to the cell before he come back.

Q. How long would he be gone!
A. Long enough to take one man to his cell and come back.
Q. He didn’t always bring somebody hack with him!
A. No.
Q. Well did he most of the time bring somebody back with 

him!
A. P art of the time he did.
Q. Well did he most of the time bring somebody back with 

him?
A. Part of the time he did.
Q. If  you didn’t have anybody in there and you sent him 

out to bring somebody back, how long would it take!
A. If the man happened to be on the same floor it would 

take him two minutes, if he had to go on the lower floor it 
would take him five minutes, because he had to go on the 
elevator.

Q. Where were these boys at night; some of them on the 
first floor or third floor!

A. I couldn’t say.
Q. You ever see these boys any time they were in the cell!
A. Yes, sir.
Q. Which cells did you see them!
A. I  saw some of them in the bull pen.
Q. Which ones did you see in the bull pen!
A. All of them.
Q. When!
A. During the week.
Q. You say you saw these boys during the week!
A. Yes.
Q. Did you at any time see these four boys together in 

[fol. 295] the bull pen!
A. I can’t say whether I did or not, but I had thirty or 

forty more.
Q. Who had charge of these men when they were in jail ?
A. Mr. Marshall.
Q. You didn’t have anything to do with them, did you, un­

til that night ?



288

A. Unless I  ordered him to put them in a certain place.
Q. Where did you order him to put them in the morning ?
A. When one of them confessed I  ordered him kept away 

from the rest of them.
Q. Which one of the men ?
A. Jack Williamson.
Q. That was Sunday morning ?
A. Yes.
Q. Up to that time had you given him orders to keep any 

of them separate?
A. No.
Q. You don’t know whether they were separated or not?
A. No, sir.
Q. Again I ask if you know whether they were separated 

or not?
A. I do not.
Q. If  the boys say they were separated, you don’t  know 

whether th a t’s true ?
A. No, sir.
Q. If  they both say the first time they saw each other was 

Sunday morning, you don’t know whether th a t’s true?
A. I don’t know.
Q. If these boys say the only time they saw each other 

first was on Sunday morning; you know whether th a t’s right 
or wrong. The only time they saw each other was the time 
they confessed, that was the first time they all four had 
been brought together on Sunday morning?

A. I  couldn’t  say positively. Mr. Marshall can tell you, 
I  don’t know.

Q. You couldn’t say that isn ’t true, could you?
A. I couldn’t say whether it is true or not th a t’s the first 

time they saw each other, because some of them might have 
been on one floor and some on the other.

Q. You heard the negro cook testify?
A. Yes, sir.

[fol. 296] Q. He has no interest in this case?
A. Not a bit.
Q. He was just a cook down there at the jail at the time. 

You haven’t any jurisdiction over him, have you?
A. No. He is in Raiford now.
Q. You heard him say these were the only four boys you 

brought out there that n ight; you hear him say it?
A. I  don’t remember whether I  did or not.
Q. You don’t remember hearing him say that?



289

A. No, sir.
Q. Well, if he did say that he is mistaken?
A. Yes, sir, he is mistaken if he says tha t’s the only ones 

we brought up.
Q. You heard me ask him if he gave any of these four 

boys a sandwich that night ?
A. Yes, sir.
Q. You heard him say he was there all night escept the 

time he would go down and get coffee and come back?
A. Yes, sir.
Q. You heard that part of his testimony?
A. Yes, sir.
Q. But you didn’t  hear him say that these four boys were 

the only ones that were brought up to this room in the 
ja iler’s quarters that night?

A. No, sir, I did not.
Q. Now, Sheriff, how many people did you have up there 

in the jail on the fourth floor in the jailer’s quarters when 
you questioned them from about 1.30 on to daylight; how 
many persons did you have that you had under suspicion 
there from that time on?

A. From the time we did come back?
Q. From the time you did come back from recess until 

the confession was taken, how many persons that you had 
under suspicion did you have up there and question?

A. I  expect we had six or eight, something like that.
Q. You heard Mr. Helton testify, did you, when he said 

yesterday that they only had these four boys, and the one 
he brought back from Pompano at the time he was there?

A. Later on in the morning.
Q. I  am talking about the time from the time of the recess 

up until Mr. Maire got there?
[fol. 297] A. I think it was around three o’clock in the 
morning.

Q. Well, from that time on, I am talking about the time 
of the recess, did you have anybody else up there but these 
four boys and the boy he brought from Pompano that night?

A. I wouldn’t say positively.
Q. You do know you had these boys?^
A. We questioned them at different times.
Q. During that period of time, from the time you had the 

recess on until daylight, whatever time it was, but from the 
time you had the recess and went back to questioning, did

19— 195



290

you have any other boys but these four and the one he 
brought from Pompano?

A. I  wouldn’t say positively whether we did or not. We 
might have questioned one or two more.

Q. You wouldn’t swear that you did have anybody else?
A. I  wouldn’t swear.
Q. You do know you did have these boys there during 

this interim?
A. Yes, I  questioned them. They had periods of rest 

from the questioning, after we questioned the others.
Mr. C atts: Move to strike his testimony on the ground it 

is the conclusion of this witness they had plenty of time to 
sleep.

The Court: That part is stricken. He is entitled to ex­
plain his answer. You may proceed.

Q. You heard Mr. Helton testify in this case?
A. Yes.
Q. That during the period he got back there, around 8.30 

or 9 o ’clock, and up to around 12 o ’clock, that he knows they 
had at least each of these boys up there one time ?

A. Yes, sir, we had them up there one time.
Q. You are sure you had them up there at least one time 

between 8.30 and the time of the recess ?
A. You mean about-----
Q. I  am talking about 8.30 and the time you took the

recess?
A. Ho, we didn’t have each one of them up.

[fol. 298] Q. Mr. Helton is wrong about that?
A. He is wrong when he said we had each one of them 

four.
Q. Can you tell me now who all you did have up there?
A. We had Izell Chambers and Jack Williamson up there.
Q. Have anybody else up there that night ?
A. Yes, we had several more.
Q. Who else between this particular period of time?
A. I don’t remember the names of every one we ques­

tioned that night.
Q. Do you know the names of all the boys you had in jail?'
A. No, sir, we had about thirty or forty.
Q. You know Frank Manuel?
A. Yes, sir.
Q. Did you have him in there during that period of time 

on that Saturday night?



291

A. I  think we questioned him that Saturday.
Q. I  don’t ask you what you think; do you know it, do 

you have the same definite recollection as you do of these 
boys during that period of time!

A. No, sir, I  do not.
Q. As a matter of fact you were questioning somebody 

during the whole of that night, except the times that you, 
eleminating the time you went to dinner and the time you 
took the recess, you were examining somebody under sus­
picion in connection with this case all during that period of 
time, until the next morning around six o’clock!

A. Except the time we took the recess, and went to din­
ner, and the time we sat there and talked the case over 
amongst ourselves, we didn’t have anybody in there.

Q. Why did you take a recess, were you tired!
A. No, I  wasn’t particularly real tired, hut I  didn’t have 

anything to do then.
Q. Did you or any one else sleep that night!
A. Yes, sir.
Q. You did go to sleep that night!
A. Yes, sir.

[fol. 299] Q. How long did you sleep !
A. I might have slept thirty minutes, and I  might have 

slept an hour.
Q. Do you know what Captain Williams was doing while 

you were asleep!
A. I  know where I  sent him.
Q. You don’t know what he did of your own knowledge 

while you were asleep!
A. No, I wasn’t with him.
Q. You are sure you did take a nap that night there about 

an hour, Sheriff!
A. I  would say an hour.
Q. Did you take a nap at a ll; you sure you did take a nap!
A. Yes, sir.
Q. Was this question asked you on the last hearing down 

there in this case in February of last year: “ Now let’s get 
back to this night of the 20th of May, Captain Williams was 
here with you that night as I understand it, Mr. Clark! 
(A.) Yes. ’ (Q.) How long did he stay with you that night 
in jail! (A.) Stayed with me all night. (Q.) He was pres­
ent I believe when these confessions were signed the next 
morning! (A.) Yes. (Q.) Why was it necessary for him 
to stay with you all night; you didn’t sleep any that night,



292

did you? (A.) No, I  was working that night?” Was that 
question asked and answer given?

A. It might have been, yes.
Q. Now if these niggers had fifteen or twenty minutes 

sleep, do you consider that sleep ?
A. If  they didn’t have but fifteen or twenty minutes.
Q. If they had thirty minutes, would you consider that 

sleep?
A. No, sir.
Q. If they had an hour’s sleep, would you consider that 

sleep and rest; do you consider that rest and sleep?
A. To get an hour’s sleep, yes, sir.
Q. Who did the principal questioning of these boys there 

that night?
A. Mr. Williams and myself.
Q. What did you have Mr. Williams there for that night?
A. If you want me to explain how come him there, I will 

do so.
[fol. 300] Q. Well, did you have him there to help you 
that night ?

A. He was interested in the case, and him and his wife 
was going to Miami that afternoon, and he said “ you want 
to question the boys again today; I  haven’t got time today, 
I  am busy” he says “ I  will take my wife to Miami and I 
will come back.” Later on he came back, and Mr. McNeal 
drove his wife up to Boynton, and he stayed there with me, 
and Mr. McNeal came back later on; th a t’s how come him 
there.

Q. Now at the time Mr. Maire came over there, you say 
W alter Woodward made some confession to him at that 
time?

A. I  don’t know whether he made a confession—he con­
fessed something to him all right.

Q. Did he make a confession to you before that time?
A. Yes, sir.
Q. And you sent for Mr. Maire to come over and take it 

down?
A. Yes, sir.
Q. Was that confession false?
A. No, sir, it wasn’t false.
Q. I  mean by that, when Mr. Maire came over the first 

time ?
A. No, it wasn’t false; part of it was and part of it 

wasn’t; Mr. Maire said there wasn’t enough. I t  wasn’t 
clear enough.



Q. And lie wouldn’t take that down. Was that volun­
tarily made at that time ?

A. Yes, sir.
Q. I t was voluntarily made that time?
A. Yes, sir.
Q. You didn’t consider it sufficient?
A. Mr. Maire.
Q. Mr. Maire told you that it wasn’t sufficient, so you 

kept on questioning him until the time you got him to make 
a free and voluntary confession of other matters that he 
hadn’t included in the first ?

A. No, sir, we questioned him there and we caught him 
in lies.

Q. Caught all of them telling lies?
A. Caught every one of them lying to us that night, yes, 

sir.
Q. Did you tell them they wTere lying?
A. Yes, sir.
Q. You told them they were lying?
A. Yes, sir.

[fol. 301] Q. Just how would you tell them that?
A. Just like I am talking to you.
Q. You said “ Jack, you told me a lie” ?
A. Yes, sir.
Q. You wasn’t mad with him?
A. No, sir.
Q. That room up there on the fourth floor where you were 

questioning these witnesses that night, was there a radio 
and a bed or cot in that room ?

A. Yes, th a t’s Mr. Marshall’s living quarters, he had a 
radio in there and had a living room suite in there, and I 
think a buffet, and in the next room was a couple of sleeping 
beds.

293

Eedirect examination.

By Mr. M aire:
Q. Who has the keys to the Broward County jail?
A. Mr. Marshall, the jailer.
Q. Did you have any yourself ?
A. I have some in the safe, locked in the safe.
Q. Did you at any time use your keys to go in the jail ? 
A. No, I  kept them locked in the safe.



294

Q. Could Captain Williams, or anybody else, go in the 
jail without getting the keys?

A. No, sir, not to my knowledge.
Q. Why did you say you asked Captain Williams to come 

down ?
A. I  went up west of Boynton up there to get these blood 

hounds.
Q. Did you ask him to help you examine these boys?
A. Yes, sir.
Q. And was the reason he was there because you asked 

him?
A. Yes, sir.
Q. You testified now that you slept a few minutes the 

night these confessions were taken?
A. Yes, sir.
Q. Did you send Captain Williams anywhere while you 

were asleep?
A. Yes, sir.
Q. Do you know whether he left the jail at that time?
A. Yes, sir, he left before I  went to sleep.
Q. Were you awake when he came back?
A. Yes, sir, because Mr. Marshall had to go downstairs 

[fol. 302] to get him, we had the elevator upstairs and he 
had to go down.

Q. Are you sure he was not in the jail at the time you 
were asleep these few minutes?

A. To my knowledge he wasn’t in the jail.
(Witness excused.)
Recess five minutes.

A. D. M a r s h a l l , being first duly sworn by the Clerk, testi­
fied on hehalf of the State as follows:

Direct examination.

By Mr. M aire:
Q. Mr. Marshall, did you hold any official position in 

Broward County in Mav, 1933?
A. I  did.
Q. What was that official position?
A. Deputy Sheriff and jailer.



Q. Did you have charge of Broward County jail at that 
time?

A. Yes, sir.
Q. Were you present when each and every one of these 

four petitioners in this case were brought to the Broward 
County court house?

A. Yes, sir.
Q. After they were brought to the Broward County court 

house and placed in jail, were you present from them on 
whenever any of the other officers or any one other than 
the regular prisoners in the jail saw and talked to these 
four defendants, or any of them?

A. I  was.
Q. How many sets of keys to the jail were there at that 

time?
A. Two.
Q. Was one set in your custody?
A. I  had one set and the other was locked in the safe.
Q. Do you know whether or not you were present the 

morning of the 13th of May right on to the 21st of May, 
that whole week, whenever these petitioners, or any of 
[fob 303] them were questioned by you or by anybody else?

A. Do I remember who was present?
Q. Were you always present?
A. I  was always present, yes, sir.
Q. Do you know whether or not it is true that Walter 

Woodward was almost continuously beaten, kicked and 
bruised every night from the time he was arrested, May 
13th, 1933, until May 21st, 1933?

A. He was not. He was not even questioned the first 
time, during that Saturday night, he wasn’t questioned any 
during the week.

Q. On Saturday night, May 20, 1933?
A. I t was on Saturday night, I don’t remember the date.
Q. Was that the night the four petitioners _ were ques­

tioned by the Sheriff and you and Mr. J. T. Williams?
A. Yes, sir.
Q. Now on that Saturday night, was Walter Woodward 

taken by Captain J. T. Williams from his cell to the sheriff’s 
office and placed in a chair in a room where there were 
some eight or nine men with pistols, black jacks, clubs and 
a loaded rubber hose?

A. Taken by Mr. Williams from the jail and placed in 
a chair?

295



296

Q. Yes, or anybody else?
A. No, sir.
Q. Where was he taken, if you know?
A. He was taken into a room and seated in a chair.
A. And who took him there?
A. I  did.
Q. Were there eight or nine men with pistols and black 

jacks and loaded rubber hose there?
A. No, sir.
Q. Did Captain J . T. Williams ever take any of these four 

petitioners from their cells that night?
A. No, sir.
Q. Did any one other than you do that that night ?
A. No, sir.
Q. When you took Walter Woodward to the living room 

of the ja iler’s quarters that night, who else was present 
besides yourself?

A. The Sheriff and Mr. Williams.
Q. Anybody else come there during the night?
A. Mr. Helton.
Q. Was Mr. Goodrich there at any time that night?
A. He was in and out until midnight.

[fol. 304] Q. Did anybody start beating Walter Wood­
ward when he was taken into that room ?

A. No.
Q. Did Captain Williams strike him in the jaw bringing 

forth blood in profusion?
A. No, sir.
Q. Did Captain Williams ask W alter Woodward if he 

wanted to talk that night ?
A. How is that ?
Q. Did Captain Williams ask Walter Woodward if he 

wanted to talk?
A. He might have asked him that.
Q. Then did Walter Woodward say he was not guilty 

of the crime, and then did some member of the party 
present with a vile oath say, “ We will make you talk” , and 
immediately again begin to abuse him, kicking him on the 
shin and beating him over the shoulders and arms with 
a rubber hose? And did that continue that night until 
about 10.30 when he was practically exhausted ?

A. No, sir.
Q. At any time ?
A. At any time.



297

Q. Or any other night?
A. Or any other night.
Q. Did you or anybody in your presence at that time tie 

a grass rope around the neck of Walter Woodward and tell 
him that he would he killed if he did not come clean, mean­
ing to make a confession of the crime ?

A. They did not.
Q. Did you or anybody else in your presence tell Walter 

Woodward that he would be taken to the West Dixie High­
way and they would have a necktie party and riddle his 
body with bullets ?

A. I  did not.
Q. Was he then carried to his cell and remained there 

until six o’clock on the morning of May 21, 1933?
A. You mean after that happened?
Q. Yes, after 10.30?
A. No, sir.
Q. Was he taken out of his cell at any time after 10.30 

and taken to the sheriff’s office and a noose placed around 
his neck and then kicked in the stomach and beaten even 
more violently, blows cutting deep gashes into his body and 
causing blood to run profusely all over his clothing?

A. He was not taken to the sheriff’s office any time during 
the questioning.
[fol. 305] Q. Was that done any place or any time, either 
that day or any other time?

A. I t was not.
Q. Was he then told that he must make a complete con­

fession and that they were not fooling him that time, they 
meant business, that if he did not come clean they would 
take him out and hang him on the Dixie Highway and riddle 
his body with bullets ?

A. They did not.
Q. Were you present when he made a statement in my 

office?
A. Yes, sir.
Q. Is my office in the court house on the same floor that 

your quarters are?
A. One floor down.
Q. Was Walter Woodward at any time on the night of 

May 20 or 21st, or any other time, mistreated, beaten several 
times over the head with a pistol until he consented to con­
fess to whatever they wanted ?

A. No, sir.



298

Q. Did you see Charlie Davis at any time that night!
A. Yes, sir.
Q. Was he taken from his cell to the sheriff’s office at 

about 9.30 P. M. on May 20th, 1933, and ordered to be 
seated, and immediately after he was seated in the sheriff’s 
office was he knocked out of his chair against the brick wall 
of the room, knocking him senseless by one of the men there!

A. He was not taken to the sheriff’s office. He was taken 
to that room, but this did not happen.

Q. Didn’t happen there or any other place?
A. Or any other place.
Q. Or any other time!
A. Or any other time.
Q. Did the back of his head strike the wall cutting a deep 

gash causing great pain !
A. I t did not.
Q. Was he then directed to confess the crime and was he 

continuously beaten about the head, arms and shoulders 
with a rubber hose, and did you or anybody present pull 
a pistol and point it towards him, having yours or their 
finger on the trigger, and saying that you or they would 
[fol. 306] shoot and kill him if he didn’t confess to the crime ?

A. Did not.
Q. Was he ordered to identify or implicate any of the 

other petitioners in the case by you or anybody in your pres­
ence?

A. He was not ordered to do that, no, sir.
Q. Had Charlie Davis been walked and questioned from 

his cell to the Sheriff’s office without sleep and was he beat 
every night for a week prior to the time the confessions 
were obtained?

A. He was not.
Q. Were you present every time he was questioned?
A. I  was.
Q. Was Jack Williamson during the entire week prior 

to May 20th, 1933, walked back and forth from his cell to 
the sheriff’s office and other parts of the jail every night 
and sometimes all night?

A. He was not.
Q. Did that happen to either Charlie Davis or Jack Wil­

liamson at any time or any place ?
A. I t  did not.



299

Q. Did Captain J . T. Williams or Bob Clark or Chief 
of Police Maddox ever tell him Jack Williamson that he 
would have to confess to the crime of murdering Robert 
Darcey, in your presence?

A. No, sir.
Q. Was Jack Williamson taken to the sheriff’s office in 

the county jail and directed to be seated in a chair and did 
Chief Maddox hit him over the head with a pistol, inflicting 
deep cuts in his head?

A. He did not. Mr. Maddox was not there, or Bob Clark 
during the questioning, neither of them were present at 
any time during the questioning.

Q. Was Mr. Charles H. Gordon present at any time 
during that night?

A. He was not.
Q. At any time that night did blood run profusely down 

over the eyes and nose of Jack Williamson and his face and 
run all over his clothing?

A. I t did not.
Q. Did you or anyone else in your presence proceed to 

inflict punishment with black jacks and rubber hose until 
they were all practically exhausted?

A. I  did not.
[fol. 307] Q. And then did you or somebody else say “ we 
can’t make him confess this way, let’s put the rope around 
his neck and carry him upstairs, and hang him?’’

A. Did not.
Q. Is there an upstairs above your quarters on the fourth 

floor?
A. Couple of bedrooms up there.
Q. Did you or anybody else take Jack Williamson up­

stairs and place a rope around his neck and throw  ̂it over 
some piping arrangement about the cell and cause him to be 
drawn up and down, the rope cutting gashes in his neck?

A. Did not.
Q. Did three other men pull him up and some beat him 

with black jacks and rubber hose?
A. No, did not.
Q. Did Captain J. T. Williams beat him and kick him 

while he was on the floor?
A. No.
Q. Did Chief Maddox strike him or kick him and tell him 

he would have to say what he told him?
A. He did not.



300

Q. Did lie or anyone else say “ we will tell you what to 
say and yon will say it ” ?

A. They did not.
Q. Did Jack Williamson beg you or any one in your pres­

ence to cease beating him and hanging him, and say that he 
had nothing to do with the crime charged against him, and 
did you or anyone in your presence say “ le t’s give him 
some more and plenty of i t ” ?

A. I  did not.
Q. Was he again drawn up by the rope which had never 

been taken off his neck and by you or others there in your 
presence again unmercifully beaten while he was suspended 
in the air at the end of the rope, and then in a muffled or 
gurgling tone did he beg them to stop beating him?

A. Did not.
Q. Did they then let him down and did he then lying al­

most breathless and prostrated on the floor tell them, “ be­
fore I  will let you kill me, I will say what you want me to 
say. ’ ’

A. He did not.
[fol. 308] Q. Did Captain Williams then say “ th a t’s all 
right, boys. I  will tell him what I  want him to say. I  will 
take him over the story” , and did he then say to Jack Wil­
liamson that “ if you do not repeat what I  tell you, I  will 
let you have it again” ?

A. Did not.
Q. Was Jack Williamson then taken to the sheriff’s office 

and forced to identify Charlie Davis ?
A. He was not.
Q. Was he then taken to the sheriff’s office or any other 

place, and asked if he knew Charlie Davis?
A. No.
Q. Was he placed in a chair and asked that and when 

he said he did not know him, did Captain J . T. Williams 
then knock him out of the chair and say “ you will know 
him” , and keep beating him until he said that they knew 
each other?

A. Did not.
Q. You know Izell Chambers?
A. Know him when I  see him.
Q. You remember about the time he was put in jail?
A. I  was there.



301

Q. On May 14th, 1933, and continuously from that time 
until about the 21st day of May, 1933, was Izell Chambers 
walked back and forth from one part of the jail to the other 
all night long in an endeavor to make him identify others 
in connection with the murder of Mr. Darcey?

A. He was not.
Q. On the night of May 20, 1933, was Izell Chambers at 

any time brought from his cell to the office of the sheriff, 
seated in a chair, in the presence of some eight or nine men, 
and at that time did Captain J. T. Williams grab him by the 
throat using a violent oath and strike him a number of 
times in the face causing blood to run from his eyes and 
nose!

A. Did not.
Q. Did Captain Williams or any one else in your presence 

then with force and violence throw Izell Chambers into a 
chair while the others present stood around with pistols 
and clubs in their hands in a threatening attitude?

A. No.
Q. Did Captain Williams say he would kill Izell Chambers 

unless he implicated others in connection with said crime 
and also admitted that he was guilty of the charge against 
him?

A. No.
[fol. 309] Q. Did Captain J. T. Williams then tell Izell 
Chambers that if he did not say that Jack Williamson was 
guilty and that Izell Chambers was with him at the time 
they committed the crime that they would kill him?

A. Did not.
Q. And did he have a gun drawn and press it hard against 

Izell Chambers’ head and say that if he did not repeat his 
statement he would kill him and throw him out of the window
and swear that he jumped out and killed himself?

A. He did not.
Q. Were you present when the confessions were taken 

on the morning of May 21, 1933 ?
A. I  was.
Q. Did Chief Maddox hand Jack Williamson, Charlie 

Davis and Izell Chambers each one a stick, one each of six 
sticks they had and tell them that they were the sticks 
that-----

Mr. Catts: Object.
The Court: Objection sustained.



302

Q. Did Captain J. T. Williams use a vile oath and strike 
one of these petitioners and tell them “ I will tell you what to 
say and you will say i t ” !

A. He did not.
Q. Did Walter Woodward then protest his innocence and 

would not say it, and was he then beat, kicked and made to 
admit anything!

A. He was not.
Q. Did you or any one present that time direct each one 

of the petitioners or defendants in that case that unless they 
stuck to the story they were instructed to tell, the punish­
ment they had already administered to them during the night 
would again be administered and that they had better stick 
to the story upon the arrival of the State attorney that 
morning and the Court reporter?

A. Did not.
Q. Who brought these petitioners in the court room the 

morning they were arraigned?
A. I  did.
Q. Were you the officer in charge of them immediately 

before that time?
A. I  was.

[fol. 310] Q. Did Sheriff Clark or J. T. Williams the morn­
ing before they were arraigned go to the cell of these peti­
tioners?

A. They did not.
Q. Did you have the keys at that time of the jail?
A. I  did.
Q. Did you or any officers in your presence on the 

morning before they were arraigned or anybody else warn 
them that they had better stick to the confessions they had 
made on the night of May 20th, and did you or anybody in 
your presence dangle a large bunch of keys in front of their 
eyes and state to them that unless they did stick, said keys 
would be turned over to a crowd that night that would be 
on the outside waiting, and that they would be taken by the 
crowd and lynched?

A. No.
Q. Did Captain Williams go to the jail before they were 

brought into the court room and tell any of these petitioners 
that they were about to be called as a witness, and if they 
didn't stick to the story they had told them they would be 
killed?

A. They did not.



303

Q. Were you in charge of these petitioners when they 
were brought in the court room that morning?

A. I  was.
Q. Did Captain Williams make a statement to any one of 

them in the court room that morning?
A. Not that I recall.
Q. Were you present all the time?
A. I was in the court room, yes, sir.
Q. At the time the confessions were taken were there any 

signs upon the visible parts of the bodies of any of these 
petitioners, any bruises or fresh scars, or was there any 
blood upon the clothing of any one of them or any marks 
around the neck of any of them?

A. There was not.
Q. Mr. Marshall, on the night of the 20tli and 21st of 

May, or any time prior to that time, or any time subsequent 
to that time, at any time or any place, did you or Captain 
J. T. Williams or Sheriff Walter Clark, or any other living 
[fol. 311] human being in your presence, ever beat, bruise, 
hit with a loaded hose, tie a rope around the neck and 
threaten or abuse any single one or all of these petitioners?

A. Did not.
Q. Or direct them to say anything?
A. They did not at any time.
Q. What was the manner of these petitioners when they 

were being questioned by the officers?
A. They were fresh and all right, there was nothing, I 

didn’t see any signs of fatigue.
Q. Did you see any fresh marks or scars or bruises upon 

the shoulders, heads or bodies of these petitioners?
A. No, sir. I  see some signs of scars.
Q. Upon who?
A. Jack Williamson.
Q. When?
A. Right after he was put in jail.
Q. Do you know how long each individual one of these 

petitioners was questioned during the night of May 20 and 
21?

A. I  didn’t time it, but I should judge anywhere from ten 
to twenty or twenty five minutes at a time. ^

Q. Have you any idea about how many times they were 
questioned during the night?

A. Well, we alternated; there was ten or twelve being 
questioned the same night.



304

Q. Yon mean ten or twelve including these petitioners?
A. Including these four.
Q. These petitioners were not the only ones questioned 

that night?
A. There were about six or eight others being questioned 

that night.
Q. What was the total amount of time you would esti­

mate that these four petitioners were questioned that night, 
individually ?

A. The total time?
Q. Yes, each one individually?
A. Each one individually?
Q. Yes?
A. I t  would he less than two hours.
Q. And where were they taken when they were not being 

questioned ?
A. Taken to their cells, where they could rest and sleep.
Q. Who took them there?
A. I  did.
Q. Did anybody else ever take them to or from their cell?
A. I  did.

[fol. 312] Q. What was in their cell?
A. Bed and bunks they usually sleep in.
Q. What was in these then?
A. What was in the cells, you said ?
Q. Yes?
A. There was bedding, just like there would be ordinarily.
Q. Did they have an opportunity to sleep that night?
A. Yes, sir.
Q. How long could each one of these petitioners have 

slept that night if they had wanted to ?
A. You mean between intervals, or all told?
Q. All told?
A. They could have slept over half the night if they had 

cared to.
Q. Was anything done to prevent any of them from 

sleeping ?
A. Nothing done.
Q. Was Mr. Maddox present that night?
A. Mr. Maddox wasn’t there at any time.
Q. Was Mr. Robert Clark present?
A. Mr. Robert Clark wasn’t there at any time during the 

questioning.



305

Cross-examination.

By Mr. C atts:

Q. Did I  understand you, Mr. Marshall, to say that you 
would estimate that each of these petitioners were ques­
tioned for a period of less than two hours that night?

A. All told.
Q. You mean the whole four of them together, or each one 

of them ?
A. Each one of them the wTay the questions were asked.
Q. And in your opinion then you would estimate each 

one of these boys was questioned for a period of less than 
two hours that night!

A. Approximately two hours.
Q. About two hours each of them were questioned?
A. Yes.
Q. And I believe you said that the length of the period of 

questioning ran from ten, fifteen or twenty-five minutes, in 
your estimation, of each of them at that time?

A. Yes, sir.
Q. That is now what you would estimate they were kept 

[fol. 313] out?
A. I  didn’t time it; it could have been less; I don’t think 

it was any more.
Q. You give what your opinion is; I understand you to 

say you estimate ten or fifteen or twenty five minutes each 
to be kept out at a tim e; is that what your estimate is now ?

A. That’s what I stated, yes.
Q. What time on Saturday did this questioning start?
A. It started in the afternoon on Izell Chambers and Jack 

Williamson, along with some others.
Q. What time did the Sheriff and Mr. Williams first come 

to your quarters—your quarters is where the questioning 
was done?

A. Yes.
Q. What time did they first come to your quarters on 

Saturday afternoon?
A. Well I didn’t exactly check the time. It was some­

where around four o ’clock, might have been a little befoie 
or little after. I  didn’t check the time.

Q. Did Mr. Helton also come there with them at that time l
A. I don’t recall.

20—195



306

Q. He was there in the early part of Saturday afternoon, 
he was there during the period of around four o’clock?

A. He was there part of the time Saturday afternoon.
Q. Who was the first person or prisoner you had in jail 

in connection with this case that was taken up to your quar­
ters on that Saturday afternoon to be questioned?

A.' Which one was the first one?
Q. Yes.
A. You mean whether Izell Chambers or Jack William­

son?
Q. The first person you had in jail?
A. I  don’t recall the name of the person that I took in.
Q. Well how many people had gone up before, before you 

questioned one of these boys ?
A. Well I  couldn’t give the time exactly either because 

I  didn’t pay so much attention to that.
Q. You would just go and bring whatever one they told 

you to bring back?
A. Whoever the sheriff asked me to bring, I would go and 

get him.
[fol. 314] Q. You do know Jack Williamson and Izell 
Chambers were brought in there some time during the after­
noon, after four o ’clock?

A. After around four o’clock, if I recall right they were 
questioned during the afternoon.

Q. How long did the sheriff keep any one, and whoever 
else was there, keep on questioning these boys that after­
noon before they took an adjournment, or did it continue 
right straight on there all night ?

A. They recessed around 5.30 or 6 o ’clock, something like 
that, if I recall right.

Q. How many times did they take Izell Chambers in there 
between four o ’clock when they started and the time when 
they adjourned around six?

A. I didn’t count.
Q. Would you say as many as five times?
A. I  wouldn’t say.
Q. Three times?
A. I wouldn’t even attempt to say.
Q. You know they did take him in there that afternoon?
A. Yes, sir.
Q. And the same thing is true of Jack Williamson?
A. Yes.



Q. You know you did take him in there that afternoon, 
but how many times you don’t know ?

A. No.
Q. Now, Mr. Marshall, what time did the Sheriff come 

back, and Mr. Williams?
A. I  didn’t check the time.
Q. What is your estimate?
A. I t was after dark.
Q. Seven or eight o ’clock?
A. I wouldn’t attempt to name the hour.
Q. It was after dark?
A. Yes, sir.
Q. And when they came back did they go back up to your 

quarters again?
A. Yes, sir.
Q. That’s on the fourth floor?
A. Yes, sir.
Q. Who all was up there that night?
A. The early part of the night there was-----
Q. What officers?
A. Sheriff and me.
Q. The Sheriff was there.
A. Yes, sir, and Mr. Williams.
Q. Mr. Helton?
A. Mr. Helton come a little later.
Q. Mr. Goodrich up there?
A. He was not there at the time.
Q. He was around the jail that night, around the court 

house?
A. No, sir. He was after midnight.

[fol. 315] Q. W asn’t he around the court house all night?
A. I don’t know whether he was hanging around the court 

house yard; I  wasn’t down there.
Q. You didn’t see him upstairs until after midnight?
A. No.
Q. You remember anybody else being up there besides 

you four, the Sheriff, Captain Williams, Mr. Helton and 
yourself ?

A. There was one other man up there, he was a stranger 
to me, I  don’t recall his name.

Q. Was it McNeal?
A. Yes, sir.
Q. He was not an officer of the law?
A. No, not connected with the sheriff’s office.

307



308

Q. He didn’t take any part in the questioning?
A. No, the Sheriff did the most of the questioning anyway.
Q. Who was the first man brought up there that night, 

after you started bringing the prisoners back up there to 
be questioned, after they came back from supper ?

A. I  couldn’t say because I didn’t make any list of bring­
ing them; first one and then the other, whichever one the 
Sheriff asked for I would go and get.

Q. You bring this Izell Chambers up there?
A. Yes.
Q. Did you bring Jack Williamson up there?
A. Yes.
Q. You bring Walter Woodward up there?
A. Not in the early part of the evening, no.
Q. Did you bring Charlie Davis up there?
A. Yes.
Q. You did bring three of them up there in the early part 

of the evening?
A. That was after I  come back.
Q. You said some time after dark they came back into 

session?
A. Yes, sir.
Q. From that period, le t’s say, until midnight, did you 

bring Izell Chambers and Charlie Davis and Jack William­
son up into that room to be questioned?

A. Yes.
Q. And how many times ?
A. I couldn’t say how many times. It wasn’t very often.
Q. Did you bring them more than one time during that 

period ?
A. Before midnight, you mean?

[fol. 316] Q. Yes.
A. Yes, I  think I  had them more than once.
Q. You carried each one of them more than once?
A. Yes.
Q. From around about dark until midnight?
A. Yes.
Q. And on each of these occasions when you brought one 

of these petitioners here now, one of these three, between 
the time that you reconvened about dark until about mid­
night, into this room, all four of these officers were present 
and questioned these particular petitioners ?

A. All four of them didn’t do questioning.
Q. The Sheriff was doing the chief questioning?



309

A. Yes, sir.
Q. But if Captain Williams saw fit to ask a question, lie 

asked it?
A. Yes, sir.
Q. And if you saw fit to ask a question, you asked it?
A. I  didn’t  ask any questions.
Q. Did Mr. Helton ever ask any questions?
A. Not that I recall. He might have asked a few ques­

tions, but I  don’t recall.
Q. The ones that were questioning was the Sheriff and 

Captain Williams?
A. Yes, sir.
Q. And would you say you brought any of these boys up 

there as much as three times, or any of them up there as 
much as three times before midnight?

A. I imagine perhaps I did. We kind of divided some 
of the three over that time, and then we got the fourth one.

Q. You didn’t ever have three of them up there before 
midnight at one time ?

A. No.
Q. You had several times the three up there and during 

these times you had them up there you usually kept them 
about the same length of time, from ten to twenty five 
minutes ?

A. Yes.
Q. And that went on up until midnight with three of these 

boys? When did you first bring Charlie Woodward up 
there ?

A. You mean Charlie Woodward or Walter Woodward?
A. Walter Woodward, this boy here. Let me ask you this 

first. Which of these boys is this?
A. That’s Izell Chambers.

[fol.317] Q. This one?
A. Jack Williamson and tha t’s Charlie Davis.
Q. Now you know you brought these three boys up there 

on several occasions, but you wouldn’t say just how many 
times between dark and midnight; this boy here, Izell Cham­
bers, and this boy Jack Williamson and this boy here, 
Charlie Davis; and you did bring these three boys up there 
for questioning on several occasions between the time ol 
about dark until about midnight?

A. A few times; I  wouldn’t say several.
Q. Well as many as three?
A. I would imagine there was.



310

A. About three times each?
A. Yes.
Q. You know it was more than one time each?
A. Yes, more than one.
Q. Now when did you first bring Walter Woodward up 

to that room for questioning?
A. It was sometime about just after midnight, if I re­

call right.
Q. And how long did you keep him up there when he 

was first brought up?
A. I  don’t recall.
Q. Does it occur to you that you might have kept him 

longer than that that time?
A. I think we kept him a little longer.
Q. A little longer than you had been keeping any of the 

others up there?
A. Yes.
Q. Then after that time when you took him back to his 

cell, which one did you bring out?
A. I  don’t know which one.
Q, Now as a matter of fact from midnight, or from one 

o’clock to daylight, you didn’t take any one up there to 
that room and question them other than these four boys, 
and the one other boy from Pompano, did you?

A. That’s right.
Q. The rest of the night was devoted to questioning all 

of these boys?
A. Not all night.
Q. I  mean while you were questioning?
A. They were the only ones that were questioned.

[fob 318] Q. And one other boy that was brought down 
from Pompano were the only ones that the officers ques­
tioned from about midnight on to daylight; is that right ?

A. They were the only ones that were questioned.
Q. When the questioning was going on?
A. When the questioning was going on.
Q. You did take a recess about midnight?
A. Took a recess later than that. I  took a nap.
Q. They took a recess while they sent some officers back 

up to Pompano, or some place. What all happened about 
midnight to daylight. Tell the court and jury everything 
that happened between that time that you can remember 
now. I  want the court and jury to know, because you 
were there, just everything that you remember that hap­
pened; what the officers did and what the boys did?



311

A. They were questioning them until they took a recess, 
and they put them all back in the cells for perhaps an hour 
and a half or two hours, that would be my estimate on the 
tim e; I didn’t time it. I took a nap and I think the sheriff 
took a nap. I  had the keys with me all the time.

Q. Let me ask you right there: in that same time that 
the sheriff took a nap and you took a nap, you both took 
a nap about the same time?

A. I  went upstairs to the room, and he stayed in the 
living room.

Q. In that same time that Mr. Williams went out of the 
jail and came back shortly after you all woke up?

A. He left, I don’t know where he went.
Q. He left the jail at the time while you were all taking 

this rest and came back later about the time you woke up ?
A. When they all come back they got all four of these 

boys at the same time, brought them in one right behind 
the other, and set them in the living room in a chair side 
by side, and-----

Q. Wait just a moment. Was that the time Mr. Maire 
came over there?

A. Yes, sir, Mr. Maire was there at that time.
[fol. 319] Q. It was daylight?

A. It was about six o ’clock in the morning.
Q. Can you tell this jury here what happened right after 

you all had taken a nap and woke up?
A. They bring them all four in.
Q. That was the first thing you did after you woke up?
A. When they all got back, brought all four of them in.
Q. You brought all four of them together for the first time 

that night ?
A. Yes, sir, all four; tha t’s the first time all four of 

them had been together.
Q. And that was around about daylight at five or six 

o ’clock in the morning, just before Mr. Maire came over?
A. They was sitting in that position when Mr. Maire came 

there, and each one of them had selected-----
Mr. C atts: Move to strike the remark by the witness. I 

didn’t ask him that. I was trying to identify the time.
The Court: Strike his answer except as to the time.

(Question repeated.)
A. Yes, I think that was the time Mr. Maire got in.



312

Q. Now, Mr. Marshall, what was the first thing that you 
did after you woke up that morning and they all had come 
back ?

A. I  waited for orders from the sheriff.
Q. And what orders were the first ones that he gave you 

about these petitioners, about bringing them forth, which 
ones did he order you to bring forth?

A. I  don’t recall the names of any one.
Q. Did he tell you to get all four of them?
A. If  I  remember right, I  brought them in one at a time 

as I  was told, until I  got them one at a time.
Q. You did bring one at a time?
A. Until I  got them all in there, yes, sir.
Q. They were in separate cells at the time, weren’t they?
A, Yes, sir.

[fob 320] Q. As a matter of fact these four boys had never 
been put in the same cell together while they were in .jail 
up until that time; these four boys had never been put in 
any cell together from the time they were arrested until 
that very time right there when you put them together at 
that time on Sunday morning; th a t’s the first time all four 
of them had been together?

A. Charlie Davis and Walter Woodward had been in a 
cell block together.

Q. They had been in the same cell block together?
A. Yes, sir, been in the same cell block together up until 

that night.
Q. But that night they were kept in separate cells?
A. One was put back in the cell block and the other was 

put in a separate cell on a different floor.
Q. Mr. Marshall, how many times would you say Walter 

Woodward was questioned between midnight, or shortly 
after midnight, when he was first brought in there, and six 
o’clock the next morning, by these officers?

A. I  wouldn’t attempt to say how many times because 
I never kept any account of it.

Q. You know during that period of time you did bring 
him out several times?

A. I  wouldn’t say several times; I  believe two or three or 
four times.

Q. Could you have brought him out as many as six times ?
A. I  could, if he had ordered me.
Q. Could it be that you did?
A. I  wouldn’t say.



313

Q. You feel reasonably certain you did bring him out 
two, three or four times?

A. Yes, sir.
Q. You brought him more than once?
A. I  brought him more than once.
Q. You know you brought him more than twice?
A. I  couldn’t say.
Q. You brought him in one time when Mr. Maire was 

there around 2:30, didn’t you?
A. Somewhere about then.
Q. You brought Walter Woodward dowm to Mr. Maire’s 

[fol. 321] office at that time, didn’t you?
A. Yes.
Q. That was one time you brought him out.
A. I  had him out two or three times, as often as they 

called for him.
Q. The first time you brought him out was the time you 

took him to Mr. Maire’s office?
A. The first time?
Q. Yes.
A. I  don’t think that it was.
Q. You know how many times you did bring him out 

before you took him to Mr. Maire’s office?
A. I do not. I  didn’t have any book and pencil to keep 

track.
Q. You need a book and pencil to keep track of when you 

took Walter Woodward out?
A. I would to remember it three years.
Q. After Mr. Maire left that morning, did you bring 

Walter Woodward up to be questioned again before officers 
in your quarters?

A. I  don’t recall that I did, Walter Woodward.
Q. I  just want to get whether you brought him up there 

again after Mr. Maire was there?
A. If the sheriff said bring him, I brought him. I don’t 

recall whether he did or not.
Q. You do know that no other person was questioned from 

around midnight until about six o’clock in the morning when 
Mr. Maire came over there, except these four boys and one 
other person who was brought down from Pompano?

A. T hat’s the way I  recall it, yes.
Q. Was Captain Williams present each time during the 

time when any of these boys were questioned?
A. You mean every time every one of them was ques­

tioned?



314

Q. Yes.
A. I  think he was.
Q. And you were present each time?
A. I was present.
Q. And do you know whether Mr. Helton was present each 

time?
A. He was after he got there.
Q. After he first arrived there that night, which was 

shortly after the meeting started, he stayed there all the 
rest of the night?

A. N o; he left and was gone about an hour after midnight, 
[fol. 322] just what time I  don’t know.

Q. Was this nigger cook of yours up in your quarters 
practically all night serving sandwiches?

A. No, not all night.
Q. Well, practically was he there all the time except when 

he would go back downstairs to get coffee and sandwiches ?
A. His room was on the same floor.
Q. Was he there in your quarters ready to serve sand­

wiches, and see everything that happened?
A. He was not in the room all the time, but he was on 

the same floor.
Q. How long would you say Mr. Maire stayed over there 

that night?
A. An hour and a half perhaps.
Q. And how long did he keep Walter Woodward down 

in his office that night ? ■
A. Not very long, I  wouldn’t say exactly how long.
Q. What was he doing that night when he was over 

there at the jail, when he wasn’t talking to Walter Wood­
ward ?

A. What was he doing ?
Q. Yes.
A. I  don’t know as he was doing anything particular.
Q. What were the rest of you doing?
A. W asn’t doing anything special at that time.
Q. Where were you, what part of the jail were you?
A. We were not in the jail. They were in my living 

room.
Q. On the fourth floor?
A. Yes, sir.
Q. T hat’s where most of the questioning was going on?
A. Yes, sir.



315

Q. Now how long would you say ho stayed in there—you 
didn’t have any other prisoners when Mr. Maire was there, 
other than Walter Woodward, did you?

A. They might have, I don’t recall.
Q. Have any of these other boys up there?
A. Could have, if the sheriff asked me to bring them, 

they were there.
[fol. 323] Q. I  mean of your own knowledge, do you have 
any recollection of any of the rest of them being there in 
that room talking to Mr. Maire when he was there?

A. Not at that time, I don’t know.
Q. Would you say that during the time that Mr. Maire 

was over there that he spent half of his time talking to 
Walter Woodward in the presence of officers, or by himself?

A. I  wouldn’t attempt to say.
Q. You don’t know what portion of time he was talking 

to Walter Woodward that he was over there?
A. No.
Q. How many fire escapes do you have on the court house 

building?
A. I  haven’t got any as far as I know.
Q. Haven’t got any fire escapes?
A. An elevator.
Q. Any back stairway?
A. Got two elevators and two stairways.
Q. Do you have any back stairway at all?
A. No.'
Q. You couldn’t get out of the jail except on the elevator 

or these stairs that go down by the elevator?
A. You can go down the stairway.
Q. The stairway at the elevator and the elevator is the 

only way to get out of the building ?
A. Yes, sir.
Q. No other entrance to get out of the building?
A. Stairway and elevator.
Q. Any other stairway than the one near the elevator, is 

there any other stairway to any other part of the building?
A. Yes.
Q. Where is that?
A. Up through the front of the building.



316

Redirect examination.

By Mr. M aire:
Q. Is there any entrance into the jail where these prison­

ers were kept that anybody could get into unless they had 
the keys that were in your possession?

A. No, sir, they couldn’t get to them.

[fol. 324] Recross-examination.

By Mr. C atts:
Q. Did anybody talk to any of these petitioners on the 

day that they were taken from the jail to the court room for 
arraignment ?

A. Not in my presence.
Q. You were the one that carried them over there?
A. Yes.
Q. Did you have them handcuffed together?
A. I  think they were handcuffed. I  don’t do that part of 

it. I would open the doors and let them out.
Q. Who helped you carry them over there?
A. I  think the sheriff.
Q. Was Captain Williams there with you, too?
A. He was in the court room. I  don’t  recall that he went 

to the jail when we went over there.
Q. Would you say he didn’t help carry them over that 

morning ?
A. No, I don’t recall.
Q. You recall anybody talking to them, having any con­

versation with them from the jail on the way to the court 
room that day?

A. No, the entrance to the jail is not any further than 
from that window, right out the jail into the court room.

Q. Some of them were up on another floor?
A. We could bring them down on the elevator.
Q. And you then come down on the elevator with them 

alone.
A. Couple of deputies.
Q. I  mean besides any of the officers you had there with 

you, did anybody else talk to them ?
A. No.
Q. You sure the lawyers didn’t talk to them on the elevator 

or somewhere between the jail and the court room?



A. They might have after we got in court from the ele­
vator, only two or three steps into the court room.

Q. An attorney didn’t talk to them in the corridor going 
from the jail that day to the court room, to any of them!

A. Not in jail, they might have on the walkway going 
down to the bar where the judge sits.
[fol. 325] Q. How long would it take to get these prisoners 
from where they were to the court room, after you took 
them out of the cell; how long did it take you!

A. I  don’t suppose it took over three or four minutes to 
get all four of them.

Q. And so far as you know, no one other than your officers 
spoke to them!

A. Their attorney might have met them after they got in 
the court room.

Q. Did any attorneys ever go in the jail to talk to them!
A. Yes, sir.
Q. When!
A. After the court appointed them.
Q. What day was that!
A. I couldn’t tell you.
Q. How many times did he go in there!
A. I  couldn’t say that. I know they were on one or more.
Q. Let me ask you another question. Two of these boys 

during that week were carried from your jail to some place 
else by the sheriff; you know that!

A. Yes, sir.
Q. How long were they kept away before they were 

brought back to the jail!
A. Over night.
Q. Brought back some time the next day!
A. Next morning.
Q. Was the boy Izell Chambers, before the day of his 

trial, sent down to Dade County jail!
A. Izell Chambers and Jack Williamson.
Q. I mean was there any long period of time of a week 

or so—the period of time I  am talking about is the period 
of time from this Sunday of the alleged confessions and 
the date on which Izell Chambers was tried, that he was 
incarcerated in the County jail in Dade County most of the 
time for a period of about two weeks!

A. I don’t recall he was.

317

(Witness excused.)



318

State rests. Petitioners rest. 

Testimony closed.

Recess to 1.45 P. M.

[fol. 326] Afternoon Session

1.45 o’clock

M otion  for I nstructed  V erdict

Mr. C atts: Tlie petitioners at this time desire to make a 
motion for an instructed verdict, your Honor.

Come now the petitioners, Izell Chambers, W alter Wood­
ward, Jack Williamson and Charlie Davis, by their attor­
neys, and move the Court to instruct the jury in this case, 
the jury sworn in this case, to return a verdict in favor of 
the petitioners, and as grounds for said motion say :

First, the evidence in this case as presented to the court 
and jury by each of the petitioners and the following wit­
nesses for the State of Florida, to w it: Sheriff Walter Clark, 
Jailer A. D. Marshall, Constable R. C. Helton, Deputy 
Sheriff W. C. Goodrich and the colored witness, Prince 
Douglas, who was cook at the jail, County jail of Broward 
County, on the night the alleged confessions were made, 
shows that the confessions were not the free and spontane­
ous expression of guilt, and were obtained from these peti­
tioners while they were in the custody of the officers of the 
law and confined in the Broward County jail, after pro­
longed and persistent examination by the Sheriff of Broward 
County and the other officers acting in conjunction with him, 
and the convict Captain Williams, acting in conjunction 
with him, which prolonged and persistent examination was 
over a period from the time of the arrest of the petitioners 
on May 13th and 14th, 1933, throughout the entire period 
of that week, culminating in an all night session of ques­
tioning and cross questioning of these petitioners by the 
officers of the law, resulting in their confessions being ob­
tained at 6.30 A. M. on May 21, 1933.
[fol. 327] Second. The undisputed evidence in this case on 
the part of the State of Florida and the petitioners shows 
that the confessions were not freely and voluntarily made.



819

Third. The evidence of the above mentioned officers, testi­
fying on behalf of the State of Florida, and the petitioners, 
shows that the confessions were not the free and spon­
taneous confession of guilt.

Counsel for both parties, petitioners and respondent then 
argued the law and presented citations of authorities.

The Court: I agree with your law.

M otion  D enied

After arguments by counsel on both sides the Court 
charged the jury as follows:

C harge to J ury 

Gentlemen of the Jury:
You have heard the evidence in the case. You have heard 

the argument of counsel. It now remains for the Court to 
give you the law to which you are to apply the facts as you 
find them from the evidence before you. You are here to 
decide questions of fact. The Court is here to decide ques­
tions of law. Counsel appear for both sides to aid in the 
presentation of this case in order that the jury and the 
Court may better carry on their duties under the law.

It would probably be best, if I briefly explained to you 
what has heretofore happened in this case. These four men, 
Isiali Chambers, Jack Williamson, Charlie Davis and Walter 
Woodward now designated petitioners, were indicted in the 
Circuit Court of Broward County, Florida, for murder in 
the first degree. Upon arraignment, three of these men 
pleaded guilty, and the fourth Isiah Chambers, after a trial 
upon his plea of not guilty, was found guilty by the jury of 
murder in the first degree. All defendants were adjudged 
guilty and sentenced by the Court.

During the trial certain confessions were admitted in evi­
dence and received by the Court.
[fol. 328] These petitioners now contend in this particular 
proceeding, that certain facts were not then brought to the 
attention of the Court, and that had they been brought to 
the attention of the Court at that time, the result would 
have been different. Accordingly, these petitioners, who 
were the defendants originally, filed two assignments of 
error. They say, first, that the confessions and pleas filed 
at the trial of these petitioners and which form the basis of



320

the judgments and sentences herein complained of, were not 
in fact freely and voluntarily made by these petitioners, 
and, second that the confessions and pleas filed at the hear­
ing of these petitioners and which formed the basis of the 
judgments and sentences complained of were in fact, ob­
tained from these petitioners by force, coercion, fear of per­
sonal violence and under duress. Those are the two assign­
ments of error presented by the petitioners, and having 
been denied and duly placed in issue by the State, create the 
issues of fact that you are called upon to decide by your 
verdict.

I  have briefly explained the nature of these proceedings 
so that I may make it clear, first, that no question of the 
guilt or innocence of these defendants is involved in this 
matter now before you, and, second, so that you may under­
stand why in this trial the burden of proof is placed upon 
these petitioners to establish to the reasonable satisfaction 
of the jury, by a preponderance of the evidence the truth 
of the facts alleged in at least one of the two assignments 
of error I  have just explained to you, rather than any bur­
den of proof upon the State.

Accordingly, if it has been established to your reasonable 
satisfaction by a preponderance of the evidence, that either 
one, or at least one, of these two assignments of error is 
true, then you will bring in a verdict for the petitioners. 
If  it is not established to your reasonable satisfaction by 
[fol. 329] a preponderance of the evidence, that at least one 
of these two assignments of error is true in point of fact, 
then you will bring in a verdict for the State. Preponder­
ance of the evidence means the probative weight, influence, 
force or power of the evidence as adduced, considered sep­
arately and collectively with reference to the issues in the 
case.

Now I desire to explain to you the law relating to your 
general responsibility as jurors and particularly the mat­
ters that you might properly take into consideration in 
passing upon the credibility of the testimony before you.

You are the sole judges of the evidence, the weight of the 
same, and the credibility of the witnesses who have testified 
before you. Where the testimony is conflicting it is your 
duty to reconcile it, if you can, upon the theory that such 
witnesses have sworn to the tru th ; but, if you cannot do so, 
then you are privileged to disregard so much or such parts



321

of it as you deem unworthy of credit and base your verdict 
on the testimony you believe to be true.

In the consideration of the testimony you should consider 
the manner of the witness on the witness stand, in the giv­
ing of the testimony; the bias or prejudice, if any, of the 
witness; the interest, if any, of the witness in the result of 
the testimony and the intelligence or otherwise of the wit­
ness, in order that yoy. may judge of the correctness of his 
observation and his ability to detail to you correctly what 
he has observed. Also you should consider the reasonable­
ness, or otherwise, of the testimony of the witness, as judged 
by your common-sense and every-day experience; also any 
conflict or discrepancy in the testimony of the different wit­
nesses. In  fact, gentlemen, it is your sole province to take 
into consideration all the surroundings of the witness bear­
ing upon his credibility, or otherwise, in order that you may 
[fol. 330] properly weigh the testimony of such witness and 
arrive at the weight that you attach to his testimony. You 
must do this carefully, fairly and impartially, under your 
oaths as jurors impaneled to try this case.

If  in the consideration of the testimony of any particular 
witness, as judged by the rules above stated, you believe it 
is untrue, you have the right to ignore it in making up your 
verdict.

(Petitioners requested charges given.)
The Court further charges you, that if any or all of the 

evidence in this case establishes to the reasonable satisfac­
tion of the jury that such confessions were not freely and 
voluntarily made and were not the spontaneous expressions 
by these petitioners of their own guilt whether such convic­
tion on your part arises from any striking, beating, intimi­
dation, threats or prolonged questioning without sleep or 
rest brought about on the part of the officers of the law or 
any person acting in conjunction with such officers, then it 
would be your duty to find for the petitioners.

You are further instructed that a confession to be admis­
sible in evidence against a defendant must be freely and 
voluntarily made and must be the spontaneous expression 
of such person of their own guilt and if the evidence in this 
case establishes to your reasonable satisfaction that on ac­
count of any conduct on the part of the officers of the law 
or any person acting in conjunction with them such confes­
sions were not so freely and voluntarily made and were not

21—195



322

the spontaneous expression by these petitioners of their own 
guilt, then it would be your duty to find for the petitioners.

In this case, gentlemen of the jury, you are not to con­
sider the guilt or innocence of these petitioners of the 
charge for which they stand convicted as that question is 
not now in issue. Your sole duty in this case is to deter­
mine from the evidence the issues raised by the pleadings, 
[fol. 331] The petitioners in their assignments of error 
put in issue two questions, the first of which is as follows:

“ That the confessions and pleas, filed at the trial of these 
petitioners and which formed the basis of the judgments 
and sentences herein complained of, were not in fact freely 
and voluntarily made by these petitioners; ’ ’ and the second 
of which is as follows :

‘ ‘ That the confessions and pleas filed at the trial of these 
petitioners and which formed the basis of the judgments 
and sentences herein complained of were, in fact obtained 
from these petitioners by force, coercion, fear of personal 
violence and under duress,”  to each of which the State of 
Florida has joined issue, therefore, you are only to consider 
in making up your verdict the issues thus raised and you 
are not to be swayed from the performance of that duty by 
any knowledge you have g*ained from the evidence as to the 
guilt or innocence as to the charge contained in the in­
dictment.

If the evidence in this case establishes to your reasonable 
satisfaction by a preponderance of the evidence that the 
confessions in this case were made while petitioners were 
in the custody of the officers of the law after prolonged and 
persisting examination by the officers of the law of persons 
acting in conjunction with them and thus were not the spon­
taneous expression by these petitioners of their own guilt, 
then it would be your duty to find for the petitioners.

A plea of guilty should be entirely voluntary by one com­
petent to know its consequences, and should not be induced 
by fear, misapprehension, persuasion, promises, inadvert- 
ance or ignorance.

The plea of guilty to a serious criminal charge should be 
freely and voluntarily made and entered by the accused 
without a semblance of coercion, and without fear or duress 
of any kind.
[fol. 332] The Court instructs you that a fair and impar­
tial trial is absolutely essential to the due and proper ad­



323

ministration of justice, and it is of prime importance that 
this truth be constantly borne in mind by both courts and 
juries. If the courts are to retain the respect and the con­
fidence of the people, and properly perform the important 
duties and exercise the great powers invested in them by 
the Constitution, in accordance with its spirit and purpose, 
and carry out and perform the objects of their creation, 
they must obey the constitutional command respecting fair 
and impartial trials, and give to every case submitted to 
them for decision, due, careful and conscientious consider­
ation, basing their judgment upon sworn, legal and credible 
evidence, uninfluenced by other extraneous considerations. 
In the administration of justice, juries are entrusted with 
functions of supreme importance. They consider and 
weigh the evidence submitted, determine the credibility of 
witnesses, and find from the evidence the facts upon which 
the Court passes its judgment. In deliberating upon and 
endeavoring to reach a correct and conscientious verdict, 
the jurors are required by the law to be guided by the sworn 
evidence in the case and to calmly and dispassionately 
weigh and consider it, uninfluenced by anything not based 
entirely and exclusively upon such evidence.

As you are aware, gentlemen, this case is a matter of con­
siderable importance to these petitioners and to the State. 
All parties to this cause are entitled to your very thorough, 
careful and conscientious consideration of it. Necessarily 
it is a matter which should be considered in the light of 
absolute fariness to both parties to the end that your ver­
dict shall be based upon an impartial and dispassionate con­
sideration of the evidence presented to you, and based upon 
no extraneous factors or consideration. In other words, 
[fol. 333] gentlemen, I ask that you follow the law I have 
endeavored to explain to you, and bring in such a verdict 
as your enlightened consciences may direct you to bring in, 
based exclusively upon the testimony that has been pre­
sented to you.

If the allegations of either one of these two assignments 
of error have been established to your reasonable satisfac­
tion by a preponderance of the evidence to be true, as to 
any one or more, but not all of the petitioners, then the 
proper form of your verdict would be: “ We, the jury, find
for the petitioner------------ (naming him or them as the
case may be) and against the State of Florida; and we fur­
ther find against the petitioner------------ (naming him or



324

them as the case may be) and for the State of Florida. So 
say we all.”

This form that I  have just read you would be appropriate 
if your finding differed as to different defendants. Should 
the truth of the facts alleged in at least one of the assign­
ments be established to your reasonable satisfaction by a 
preponderance of the evidence to be true as to all of the 
defendants, then the form of your verdict should be: “ We, 
the jury, find in favor of the petitioners, Isiah Chambers, 
Jack Williamson, Charlie Davis and W alter Woodward, 
and against the State of Florida. So say we all.”

If the truth of the facts alleged in neither one of the 
assignments of error has been established to your reason­
able satisfaction by a preponderance of the evidence to be 
true, as to any of the petitioners, then the form of your ver­
dict would be: “ We, the jury find against the petitioners, 
Isiah Chambers, Jack Williamson, Charlie Davis and Wal­
ter Woodward, and in favor of the State of Florida. So 
say we all.

I  will send you drafts of these forms, one of which may 
be proper, when duly made out.
[fol. 334] Gentlemen, your first duty upon retiring will 
be the selection of one of your number as foreman. He will 
preside over your deliberations and sign your verdict, when 
and if you arrive at one. Of course, in order that you may 
bring in a verdict, it is necessary that your findings be 
concurred in by each of you. That is to say, a verdict, be­
fore it can be brought into court as such, must be by your 
unanimous vote.

You may retire, gentlemen, to the consideration of your 
verdict.

(Jury  retire.)

Ob je c t io n s  to C o u r t ’s Charge

Mr. C atts: The petitioners Isiah Chambers, Jack Wil­
liamson, Charlie Davis and Walter Woodward object to the 
Court not giving to the jury instructions Numbers 1, 2, 
3, 4, 6 and 10 as requested by the petitioners; and the peti­
tioners object to the Court’s instruction to the jury to the 
effect that it is necessary for the petitioners to establish to 
the reasonable satisfaction of the jury the truth of every 
one or both of the assignments of error by a preponderance 
of the evidence; and object to the Court’s instruction to the



325

jury that the burden in this case was upon the petitioners 
to establish to the reasonable satisfaction of the jury by a 
preponderance of the evidence in all cases in which the 
words “ preponderance of evidence” were used in the 
charge of the Court.

[fol. 335] Reporter’s certificate to foregoing transcript 
omitted in printing.

[fo l. 336] P e t it io n e r ’s R equested C harges (D en ied ) 

Instruction No. 1
Gentlemen of the jury you are instructed as a matter of 

law, that no person charged with a crime shall be compelled 
to testify against himself, and where a person is charged 
with a serious criminal offense makes a confession out of 
court, said confession is without weight unless it was en­
tirely free and voluntary. So if you find from the evidence 
in this case that these petitioners made a confession of 
guilt of the crime charged against them on or about May 
21st, 1933 and that said confession was made through fear 
of physical punishment, ignorance, inadvertence, intimida­
tion, your verdict should be for the petitioners for the law 
will not permit a confession to be introduced in evidence 
unless it was made entirely free and voluntarily and with­
out a semblance of coercion of any kind.

Instruction No. 2
If you believe from the evidence in this case that one, Cap­

tain J. T. Williams was permitted to enter the jail where 
these petitioners were prisoners on May 20th, 1933 and 
threaten them with violence and harass them by keeping 
them awake at night and moving them about in the jail from 
one place to another until they were faint and weary in body 
and spirit for the purpose of obtaining a confession from 
them to be used against them, you should find that said 
confessions were not made entirely free and voluntary, and 
your verdict should be for the petitioners.

[fol. 337] Instruction No. 3
If the evidence in this case establishes to the reasonable 

satisfaction of the jury that the alleged confessions were



326

not the spontaneous expressions by these petitioners of 
their own guilt, it would be your duty to find in favor of the 
petitioners.

Instruction No. 4

If the evidence in this case establishes to the reasonable 
satisfaction of the jury that the confessions were not freely 
and voluntarily made, then it would be your duty to find 
for the petitioners.

Instruction No. 6

The Court instructs you that the burden of the proof in 
this case is upon the petitioners to establish to your reason­
able satisfaction the truth of the facts alleged in at least 
one of their assignments of error, however, if you believe 
from the evidence or any portion thereof which you do 
believe to your reasonable satisfaction that the confessions 
of the petitioners or any one of them, or the plea of guilty 
were not freely and voluntarily made on account of any 
fear, duress, intimidation, threats, beating or mistreatment 
toward the petitioners by any officers of the law or any per­
son acting in conjunction with the officers of the law or if 
[fol. 338] you believe to your reasonable satisfaction that 
on account of lack of sleep and rest from prolonged ques­
tioning of the petitioners by the officers of the law or any 
person acting in conjunction with the officers of the law 
the confessions or the plea of guilty were not freely and 
voluntarily made, then it would be your duty to find for 
the petitioners.

Instruction No. 10

Under the first count of the petitioners’ assignments of 
error and the issues raised thereon as explained to the jury, 
if the evidence establishes to your reasonable satisfaction 
that the confessions were not freely and voluntarily made 
on account of any conduct on the part of the officers of 
the law or any person acting in conjunction therewith or 
apparently acting in conjunction therewith which such con­
duct caused the petitioners to be in such physical and mental 
condition that the confessions so made by them were not 
the free and spontaneous expression by each petitioner of 
his own guilt, then it would be your duty to find for the 
petitioner.



327

[fol. 339] The said cause having been submitted to the 
jury by the Court under i t ’s charges, and the jury having 
rendered a verdict for the respondent against the petition­
ers, the petitioners, on the 15th day of October, A. D. 1936 
at the term of Court aforesaid, made and submitted to the 
Court the following motion for a new tria l:

I n  C ircu it  C ourt of P alm B each County 

[Title omitted]

M otion  for N ew  T rial— Oct. 15, 1936
Comes now each of the above named petitioners by their 

attorneys, Sidney J. Catts, Jr. and John Ziegler, and re­
spectfully move the Court to set aside the verdict rendered 
by the jury in this cause and entered herein and grant 
unto each of the petitioners a new trial and as grounds for 
new trial says:

1. The verdict is contrary to the instructions of the Court.
2. The verdict is contrary to the evidence.
3. The verdict is contrary to the evidence and instruc­

tions of the Court.
4. The verdict is contrary to law.

[fol. 340] 5. The Court erred in denying and overruling
petitioners’ motion for instructed verdict.

6. The Court erred in refusing to give petitioners’ re­
quested charges Nos. 1, 2, 3, 4, 6 and 10.

7. The Court erred in instructing the jury that “ the bur­
den of proof in this case was upon the petitioners to estab­
lish to the reasonable satisfaction of the jury by a prepon­
derance of the evidence” the truth of either of their assign­
ments of error.

8. The Court erred in over-ruling petitioners’ objections 
to the State referring in its questioning of its witnesses to 
“ the time Mr. Darsey was robbed and murdered.”

9. The Court erred in over-ruling the petitioners’ objec­
tions to the State’s Attorney propounding questions to each 
of the State’s witnesses to-wit: Walter Clark, A. D. Mar­
shall, Constable E. C. Helton and others which questions



328

were read by the State’s Attorney to such witnesses and 
which questions pertained to different forms of mistreat­
ment by the officers toward the petitioners and elicited from 
such witnesses answers of yes or no.

10. The Court erred in his charge to the jury as contained 
in the second paragraph of his written instructions in using 
the words “For Murder in the First Degree” after the 
words “ These four men, Isiah Chambers, Jack Williamson, 
Charlie Davis and W alter Woodward now designated peti­
tioners, were indicted in the Circuit Court of Broward 
County, Florida.”

11. The Court erred in his charge to the jury as contained 
in the second paragraph of his written instructions in using 
[fol. 341] the words “ of Murder in the First Degree” after 
the words “ Upon arraignment, three of these men pleaded 
guilty, and the fourth Isiah Chambers, after a trial upon 
his plea of not guilty, was found guilty by the jury .”

12. The Court erred in his charge to the jury as contained 
in the second paragraph of his written instructions in using 
the words “ Upon Arraignment, three of these men pleaded 
guilty”  notwithstanding the record and evidence before 
the jury showed upon arraignment only two of these men 
plead guilty and two plead not guilty; the plea of not guilty 
by Charlie Davis as disclosed by the record was later with­
drawn on to-wit: June 12, 1933, the same day on which the 
fourth petitioner, Isiah Chambers, was tried by a jury.

13. The Court erred in giving the following instructions 
to the ju ry :

‘ ‘ I have briefly explained the nature of these proceedings 
so that I may make it clear, first that no question of the guilt 
or innocence of these defendants is involved in this matter 
now before you, and, second, so that you may understand 
why in this trial the burden of proof is placed upon these 
petitioners to establish to the reasonable satisfaction of the 
jury, by a preponderance of the evidence the truth of the 
facts alleged in at least one of the two assignments of error 
I  have just explained to you, rather than any burden of 
proof upon the State.

Accordingly, if it has been established to your reasonable 
satisfaction by a preponderance of the evidence, that either



329

one, or at least one, of these two assignments of error is true, 
then you will bring in a verdict for the petitioners. If it is 
not established to your reasonable satisfaction by a -pre­
ponderance of the evidence, that at least one of these two as­
signments of error is true in point of fact, then you will 
bring in a verdict for the State. Preponderance of the evi­
dence means the probative weight, influence, force or power 
[fol. 342] of the evidence as adduced, considered sepa­
rately and collectively with reference to the issues in the 
case.”

14. The Court erred in allowing in evidence any reference 
to the substantive crime charged in the indictment by the 
State of Florida and erred in instructing the jury in any way 
or by any reference to the substantive crime charged in the 
indictment.

15. The Court erred in its failure to instruct the jury that 
a verdict in favor of the petitioners would not release such 
petitioners from the charge as contained in the indictment.

The italics contained in paragraphs ten, eleven and 
thirteen are by counsel for petitioners.

(Signed) Sidney J. Catts, Jr., John Ziegler, S. D.
McGill, Attorneys for Petitioners.

[fol. 343] On the 17th day of October, A. D. 1936, the Peti­
tioners, by leave of the Court, filed and submitted to the 
court the following amendment to their original motion for 
a new tr ia l:

I n  C ir c u it  C ourt of P alm B each County 

[Title omitted]

A m en d m en t  to M otion  for N ew  T rial—Filed October 17,
1936

Comes now each of the above named petitioners by their 
undersigned attorneys and presents and files this amend­
ment to their original motion for a new trial previously 
presented and filed in this cause and move the  ̂Court to set 
aside the verdict rendered by the jury in this cause and



330

grant unto each of the petitioners a new trial on the follow­
ing grounds:

I t  affirmatively appears from the evidence and from the 
record in the proceedings which form the basis of the judg­
ments and sentences of death upon the petitioners in this 
case that the petitioners and each of them were denied due 
process of law and the equal protection of the law in viola­
tion of the Fourteenth Amendment to the Constitution of the 
United States, as follows :

[fol. 344] (a) That they were not given a fair and im­
partial trial and deliberate trial.

(b) That they were denied the right of counsel with the 
accustomed incidents of consultation and of preparation 
for trial, as provided by law.

(Signed) Sidney J. Catts, Jr., John Ziegler, S. D. Mc­
Gill, Attorneys for Petitioners.

I n  C ir c u it  C ourt op P alm  B each  C ounty  

[Title omitted]

O rder Ov erruling  M otion  for N ew  T rial—November 14,
1936

This cause came on to be heard in open court in the pres- 
[fol. 345] ence of the petitioners and their counsel and was 
duly presented by counsel for the petitioners and the State, 
upon petitioners ’ motion for a new trial as amended. The 
Court duly considered the matter.

I t is the view of this Court that no useful purpose would be 
served by making a detailed statement of findings and con­
clusions upon the questions of fact and law presented in the 
motion for a new trial. Suffice to say, it is the conclusion of 
this Court that the credible evidence fails to disclose that 
the confessions and pleas of petitioners—who were only 
four men out of a large number questioned—were not in 
fact freely and voluntarily made by these petitioners, and 
fails to show that they were in fact obtained from these 
petitioners by force, coercion, fear of personal violence or 
under duress. Thereupon;



I t is Ordered and Adjudged that the motion for a new 
trial, as amended, he and the same is hereby denied.

Done and Ordered at West Palm Beach, Florida, this 14th 
day of November, A. D. 1936.

(Signed) C. E. Chillingworth, Judge.

331

[fol. 346] I n  C ir c u it  C ourt of P aum B each County 

[Title omitted]

M otion  to E xtend  T im e  for F ilin g  B ill  of E xceptions—  
Filed December 2, 1936

Now come Isiah (Izell) Chambers, Jack Williamson, 
Charlie Davis and Walter Woodward (Woodard), peti­
tioners in the above entitled cause, by and through their 
undersigned attorneys, and move and ask the Court for a 
special order extending the time in which they may file and 
present their bill of exceptions in said cause and move that 
said time be extended for a period of sixty (60) days from 
date of said order.

(Signed) Sidney J. Catts, Jr., John Ziegler, S. D.
McGill, Attorneys for Petitioners.

Notice of hearing on this motion is hereby waived.
(Signed) J. W. Salisbury, State Attorney.

[fo l. 347] I n  C ir c u it  Court of P alm B each County 

[T itle  o m itted ]

S pecia l  Order E xtending  T im e  for P resenting  and F iling  
B il l  of E xceptions

This cause coming on to be heard upon motion of peti­
tioners to extend the time in which to present and file their 
bill of exceptions in said cause and it appearing that notice 
having been waived by the State of the presentation of said 
motion.

It is therefore ordered and adjudged that the said peti­
tioners, Isiah (Izell) Chambers, Jack Williamson, Charlie 
Davis and Walter Woodward (Woodard) be and they are,



332

jointly and severally, hereby allowed sixty (60) days from 
this day within which to make np, present and have filed 
their bill of exceptions in said cause. Let this order be en­
tered in the minutes of this Court.

Done and ordered at West Palm Beach, Florida this 2nd 
day of December, A. D. 1936.

(Signed) C. E. Chillingworth, Circuit Judge.

[fol. 348] On the 18th day of January, A. D. 1937 at the 
term aforesaid the petitioners filed the following assign­
ment of errors with the bill of exceptions which was pre­
sented to the Judge of this Court on the 19th day of Jan­
uary, A. D. 1937:

l x  C ir c u it  C o u r t  op P a lm  B e a c h  C o u n t y  

[Title omitted]

A s s ig n m e n t s  op E rror

Comes now the above named petitioners in the above en­
titled cause by their attorneys, Sidney J. Catts, Jr., John 
Ziegler and S. D. McGill, at the time for settling bill of 
exceptions in the above entitled cause and file these their 
assignments of error specifically mentioning each point that 
they intend to present in and by such bill of exceptions as 
grounds for reversal and pray that the following assignment 
of error shall be made a part of the bill of exceptions in this 
cause.

1. The Court erred in denying the petitioners’ motion for 
new trial as amended which said order was entered herein 
in open Court on the 14th day of November, A. D. 1936.

2. The Court erred in making and entering its judgment 
on writ of error coram nobis filed herein on the 14th day of 
November, A. D. 1936.
[fol. 349] 3. The Court erred in its further order of final
judgment on writ of error coram nobis filed herein in the 
2nd day of December, A. D. 1936.

4. The Court erred in its charge to the jury in the second 
paragraph of its written instructions in using the words 
“ for murder in the first degree” after the words “ these



333

four men, Isiah Chambers, Jack Williamson, Charlie Davis 
and Walter Woodward now designated petitioners, were 
indicted in the Circuit Court of Broward County, Florida.”

5. The court erred in its charge to the jury in the second 
paragraph of its written instructions in using the words 
“ of murder in the first degree” after the words “ upon ar­
raignment, three of these men pleaded guilty, and the fourth 
Isiah Chambers, after a trial upon his plea of not guilty, 
was found guilty by the jury.”

6. The Court erred in its charge to the jury in the second 
paragraph of its written instructions in using the words 
“ upon arraignment, three of these men pleaded guilty” not­
withstanding the record and evidence before the jury 
showed upon arraignment only two of these men plead 
guilty and two plead not guilty; the plea of not guilty by 
Charlie Davis as disclosed by the record was later with­
drawn on to-wit: June —, 1933, the same day on which the 
fourth petitioner, Isiah Chambers, was tried by a jury.

7. The Court erred in giving the following instructions to 
the jury:

‘ ‘ I have briefly explained the nature of these proceedings 
so that I  may make it clear, first, that no question of the 
guilt or innocence of these defendants is involved in this 
matter now before you, and, second, so that you may under­
stand why in this trial the burden of proof is placed upon 
these petitioners to establish to the reasonable satisfaction 
of the jury, by a preponderance of the evidence the truth 
of the facts alleged in at least one of the two assignments of 
error I  have just explained to you, rather than any burden 
of proof upon the State.
[fol. 350] Accordingly, if it has been established to your 
reasonable satisfaction by a preponderance of the evidence, 
that either one, or at least one, of these two assignments of 
error is true, then you will bring in a verdict for the peti­
tioners. If it is not established to your reasonable satisfac­
tion by a preponderance of the evidence, that at least one of 
these two assignments of error is true in point of fact, then 
you will bring in a verdict for the State. Preponderance of 
the evidence means the probative weight, influence, force or 
power of the evidence as adduced, considered separately 
and collectively with reference to the issues in the case.”



334

8. The Court erred in allowing in evidence any reference 
to the substantive crime charged in the indictment by the 
State of Florida and erred in instructing the jury  in any 
way or by any reference to the substantive crime charged in 
the indictment.

9. The Court erred in its failure to instruct the jury that 
a verdict in favor of the petitioners would not release such 
petitioners from the charge as contained in the indictment.

10. The Court erred in each of its rulings on each matter 
set forth as a ground for new trial in petitioners ’ motion and 
amendment thereto for a new trial.

11. The Court erred in denying petitioners’ motion for an 
instructed verdict.

12. The Court erred in entering its final judgment against 
the petitioners because

It affirmatively appears from the evidence and from the 
record in the proceedings which form the basis of the judg­
ments and sentences of death upon the petitioners in this 
case that the petitioners and each of them were denied due 
process of law and the equal protection of the law in viola­
tion of the fourteenth amendment to the Constitution of the 
United -States, as follows:

[fol. 351] (a) That they were not given a fair and impar­
tial trial and deliberate trial.

(b) That they were denied the right of counsel with the 
accustomed incidents of consultation and of preparation for 
trial, as provided by law.

(Signed) Sidney J. Catts, Jr., John Ziegler, S. D.
McGill, Attorneys for Petitioners.

I, J. W. Salisbury, State Attorney for the fifteenth Ju ­
dicial Circuit of Florida in and for Palm Beach County, 
hereby acknowledge receipt of a copy of the above and fore­
going assignments of error this 19 day of January, A. D. 
1937.

(Signed) J. W. Salisbury, State Attorney.



335

[fo l. 352] I n  C ir c u it  Court op P alm  B each County

O rder  S e t t l in g  B il l  of E xc eptio n s

Inasmuch as the said several matters objected to or in­
sisted upon and considered by the Court do not appear by 
the record, the said petitioners, did on the 19 day of Janu­
ary, A.D. 1937, after the expiration of said term by virtue 
of a special order herein made propose this their bill of 
exceptions to the said rulings of said Judge and request 
him to sign the same after due notice to the State Attorney, 
is done this 19 day of January, A.D. 1937. I do hereby 
certify that the foregoing bill of exceptions contains all the 
evidence produced before me in the above stated cause on 
the issues raised in said cause, I further certify that in my 
opinion it is necessary that the Appellate Court shall have 
before it for consideration on such writ of error the testi­
mony in question and answer form.

C. E. Chillingworth, Judge of the Circuit Court of the 
Fifteenth Judicial Circuit of Florida in and for 
Palm Beach County.

[fo l. 353] I n C ir c u it  C ourt of P alm B each County 

[Title omitted]

S t ip u l a t io n  r e  B il l  of E xceptio n s

I t is hereby stipulated and agreed by and between the 
undersigned attorneys for petitioners and the undersigned 
State Attorney for Palm Beach County, Florida, that the 
proposed bill of exceptions prepared in said cause be pre­
sented to the Honorable C. E. Chillingworth, Judge of the 
above styled Court in his office in the Court House in West 
Palm Beach, Florida, to be settled and for him to sign and 
certify on the 19th day of January, A.D. 1937, at eleven 
o’clock A.M. or as soon thereafter as the matter can be 
heard.

Dated at West Palm Beach, Florida, this 19th day of 
January, A.D. 1937.

Sidney J. Catts, Jr., John Ziegler, S. D. McGill, At­
torneys for Petitioners. J. W. Salisbury, State 
Attorney, Palm Beach County, Florida.



336

I, J . W. Salisbury, State Attorney in and for Palm Beach 
County, Florida, do hereby acknowledge receipt of a true 
[fol. 354] copy of the proposed bill of exceptions in the 
above stated cause and assignments of error.

Received at West Palm Beach, Florida, this 19th day of 
January, A.D. 1937.

J. W. Salisbury, State Attorney.

I x  C ir c u it  C o u r t  o f  P a l m  B e a c h  C o u n t y  

M in u t e  E n t r ie s

Thursday, October 15th, A. D. 1936 

[Title omitted]

[fol. 355] The Counsel for the State of Florida, Hon. J. W. 
Salisbury, and Hon. Sidney J. Catts, Jr., one of the counsel 
for the petitioners above named stipulated in Open Court, 
this day that hearing on Defendants’ Motion for New Trial 
filed in this cause on October 15th, 1936, will be heard on 
Monday, October 26tli, A.D. 1936, at 2 :00 o ’clock P.M.

# # * # # # #

The Court recessed.

A ttest: Geo. 0. Butler, Clerk Circuit Court, by Merle P. 
Johnston, Deputy Clerk.

Monday, November 9th A.D. 1936, cont’d.
Pursuant to recess, the Court convened at 2:00 o ’clock 

P.M. November 9th, 1936, the Honorable C. E. Chilling- 
worth, Circuit Judge, presiding, for the purpose of con­
sidering a motion and amendment thereto, for a new trial 
in the following case.

[fol. 356] [Title omitted]

Comes now the petitioners and each of them in his own 
proper person and by the counsellors heretofore appointed 
by the Court to their defense, v iz: Messrs. Sidney J. Catts, 
Jr., and John Ziegler, Esquires; Come also Hon. J. W.



337

Salisbury and Louis F. Maire, who prosecutes for the State 
of F lorida; Also present: Hon. W. Hiram Lawrence, Sheriff, 
by his Deputies, Messrs. J. E. Hardwick, Jr., H. E. Hotter, 
H. L. Dyer, and T. P. Riggs, and Geo. 0. Butler, Clerk.

The Court having heard the argument of counsel for the 
Petitioners and that of S. D. McGill, an associate and also 
the argument for the defendant in error, by Counsel for the 
State of Florida, informed counsel that the motion would 
be taken under advisement, and a future decision rendered.

The prisoners were remanded to the custody of the Sheriff.
# * # * # * #

No further business pending in open Court the Judge 
ordered a recess.

Attest: Geo. 0. Butler, Clerk Circuit Court.

[fol. 357] Saturday, November 14th, A.D. 1936.

[Title omitted]

Now comes the State of Florida by Hon. J. W. Salisbury, 
the State Attorney; also comes the Petitioners, Isiah (Izell) 
Chambers, Jack Williamson, Charlie Davis and Walter 
Woodward (Woodard), each in his own proper person, ac­
companied by Sidney J. Catts, Jr., Esq., their counsel, who 
duly presented to the Court the motion of the Petitioners 
for a New Trial; Thereupon the Court being fully advised 
in the premises entered the Judgment on Writ of Error 
Coram Nobis, together with Order denying motion for new 
[fol. 358] trial as follows:

I n  C ir c u it  C o u rt  op P alm  B ea ch  C ounty  

[Title omitted]

O rder  D e n y in g  M otio n  for  N ew  T rial

This cause came on to be heard in open Court in the pi es- 
ence of the Petitioners and tlieir counsel and was duly pre­
sented by counsel for the petitioners and the S ta te ,  upon 
petitioners’ motion for a new trial as amended. The Coui
duly considered the matter.

It is the view of this Court that no useful purpose would 
be served by making a detailed statement of findings ant

22—195



338

conclusions upon the questions of fact and law presented in 
the motion for a new trial. Suffice to say, it is the conclu­
sion of this Court that the credible evidence fails to dis­
close that the confessions and pleas of petitioners—who 
were only four men out of a large number questioned,—were 
not in fact freely and voluntarily made by these petitioners, 
and fails to show that they were in fact obtained from these 
petitioners by force, coercion, fear of personal violence or 
under duress.

Thereupon:
It is Ordered and Adjudged that the motion for a new 

trial, as amended, be and the same is hereby denied.
Done and Ordered at West Palm Beach, Florida, this 14th 

day of November, A.D. 1936.
C. E. Chillingworth, Judge.

[fol. 359] Ik C ir c u it  C o u r t  of t h e  F if t e e k t h  J u d ic ia l  C ir ­
c u it  o f  F lorid a  i k  a nd  fo r  P a lm  B e a c h  C o u n t y

Criminal No. 1395 

[Title omitted]

J u d g m e n t  o n  W r it  of E rror  C oram  N obis

This cause was duly tried before a Jury  of twelve men, 
and in the presence of the petitioners and their counsel and 
the other officers of the Court. The Jury  found a Verdict 
against the petitioners and for the State of Florida. There­
after a motion for a new trial was duly presented by peti­
tioners, and duly argued, considered, adjudicated and de­
nied, after a hearing in open Court.

There appears to be no further reason why a judgment 
should not be entered upon the merits of the W rit of E rror 
Coram Nobis, Thereupon,

It is Ordered and Adjudged, that neither of the Assign­
ments of E rror filed by Petitioners were sustained by the 
proof before the Jury, nor were they sustained by the proof 
in the Judgment of this Court. Thereupon

It is Ordered and Adjudged that the issues herein be de­
termined in favor of the State of Florida, Thereupon

I t  is Further Ordered that the former judgments hereto­
fore rendered in this cause be, and the same are hereby



339

affirmed as to each petitioner (defendants in the cause as it 
originated), and that, by reason of the insolvency of the 
petitioners, the costs of this proceeding be taxed against 
Broward County and the State of Florida.
[fol. 360] Done and Ordered, in Open Court, this 14th day 
of November, A. D. 1936.

C. E. Chillingworth, Judge.
The defendants were remanded to the custody of the 

Sheriff.
*  * * * * * *

No further business pending in open Court the Judge 
ordered a recess.

A ttest: Geo. 0. Butler, Clerk Circuit Court.

Wednesday, December 2nd, A. D. 1936. 
[fol. 361] The following case was called:

[Title omitted]

The above named petitioners each being present in open 
Court and accompanied by their counsel heretofore ap­
pointed to represent them to-wit: Messrs. Sidney J. Catts, 
Jr., and John Ziegler, and the counsel for the State of 
Florida Hon. J . W. Salisbury, being also present, the Court 
called each of the petitioners, to-wit: Isiali (Izell) Cham­
bers, Jack Williamson, Charlie Davis and Walter Woodward 
(Woodard) to the Bench and in the presence of their at­
torneys explained to them the effect of the Trial and Verdict 
of the Jury  entered in this case on October 14th, 1936, and 
thereupon entered the following order:

Lsr C ir c u it  C ourt of P alm B each County 

[Title omitted]

Order R eaffirm ing  S entences

[fol. 362] This cause was duly presented by the State’s 
Attorney and counsel for the petitioners in open Court in 
the presence of the petitioners and other officials of the 
Court.



340

I t appearing to the Court that under date of June 29, 
1936, this cause was, upon a petition for change of Venue, 
transferred to Palm Beach County, Florida, for trial upon 
the issues made in said cause; and thereafter, upon a trial 
duly had, a Judgment on W rit of E rror coram nobis was 
entered in this Court on the date of November 14, 1936, 
wherein the former judgments heretofore rendered in this 
cause were affirmed. Thereupon;

It is Ordered and Adjudged that the four sentences there­
tofore entered in said cause under date of June 17, 1933, be, 
and they are hereby, reaffirmed by this Court, and the 
Sheriff of Palm Beach County, Florida, be, and he is hereby 
authorized and directed to carry out said sentences by re­
taining custody of the said petitioners in the Common Jail 
in Palm Beach County, Florida, until the Governor of the 
State of Florida shall have issued his W arrant for their 
execution, and that after the issuance of such warrant of 
execution by the Governor, the Sheriff of Palm Beach 
County, Florida, shall deliver said petitioners to the Super­
intendent of the State Prison at Raiford, Florida, where the 
said sentences of the Court bearing date of June 17, 1933, 
shall be carried out by the Superintendent of the State 
Prison at Raiford, Florida.

Done and Ordered in open Court at West Palm Beach, 
Florida, this 2nd day of December, A. D. 1936.

C. E. Chillingworth, Circuit Judge.

[fol. 363] The Petitioners thereupon filed a Motion to ex­
tend time for filing Bill of Exceptions, and the Court en­
tered the following order there-or, to-wit:

l x  C ir c u it  C ourt or P alm  B each  C ounty

[Title omitted]

S pecia l  O rder E x tending  T im e  for P resen tin g  B il l  of
E x ceptions

This cause coming on to be heard upon motion of peti­
tioners to extend the time in which to present and file their 
bill of exceptions in said cause and it appearing that notice



341

having been waived by the State of the presentation of said 
motion

It is Therefore Ordered and Adjudged that the said peti­
tioners, Isiah (Izell) Chambers, Jack Williamson, Charlie 
Davis and Walter Woodward (Woodard) be and they are, 
jointly and severally, hereby allowed sixty (60) days from 
this day within which to make up, present and have filed 
their bill of exceptions in said cause. Let this order be 
entered in the Minutes of this Court.

Done and Ordered at West Palm Beach, Florida, this 2nd 
day of December, A. D. 1936.

C. E. Chillingworth, Circuit Judge.

The Court remanded each of the petitioners in this cause 
to the custody of the Sheriff of Palm Beach County, Flor- 
[fol. 364] ida.

I n  C ir c u it  C ourt  of P alm  B each  C ounty  

[Title omitted]

P raecipe for W rit  of E rror—Filed Dec. 2,1936

To the Clerk of the Above Styled Court:
[fol. 365] You will please issue writ of error in the above 
styled cause returnable in the Supreme Court of the State 
of Florida on the 25th day of February, A. D. 1937, and 
duly record said writ in the minutes of said Circuit Court.

Sidney J. Catts, Jr., John Ziegler, S. D. McGill, At­
torneys for Petitioners.

I n  C ir c u it  C ourt  of P alm  B each  C ounty

W r it  of E rror—Issued Dec. 2, 1936
The State of Florida to the Judge of the Circuit Court of 

The Fifteenth Judicial Circuit of the State of Florida, 
Greeting
Because in the record and proceedings and also in the 

rendition of judgment in a certain cause which is in oui 
said Circuit Court before you between Isiah (Izell) Cham­
bers, Jack Williamson, Charlie Davis and Walter Wood-



342

[fol. 366] ward (Woodard), as Plaintiffs in error and The 
State of Florida, as Defendant in Error, manifest error 
hath happened, as it is said, to the great damage of the 
saidlsiah (Izell) Chambers, Jack Williamson, Charlie Davis 
and Walter Woodward (Woodard) as by their complaint 
appears.

We, willing that the error, if any hath been, should be 
duly corrected and full and speedy justice done to the par­
ties aforesaid in this behalf, do command you that if judg­
ment be therein rendered, you distinctly and openly send 
the record and proceedings aforesaid, with all things touch­
ing them under your seal, together with this writ, to our 
Supreme Court of the State of Florida, so that you have 
the same at Tallahassee on the 25th day of February A. D. 
1937 in our said Supreme Court to be then and there held, 
that inspecting the record and proceedings aforesaid, our 
said Supreme Court may cause further to be done therein, 
to correct that error, what of right and according to law 
should be done.

Witness the Honorable James B. Whitfield Chief Justice 
of the said Supreme Court, and the seal of the said Circuit 
Court, this 2nd day of December in the year of our Lord 
One Thousand, Nine Hundred and thirty six.

Geo. O. Butler, Clerk of the Circuit Court of Palm 
Beach County, By Merle P. Johnston, D. C. 
(Circuit Court Seal.)

Filed December 2nd, 1936 and recorded in Minutes Cir­
cuit Court No. 27 at page 412.

Geo. 0. Butler, Clerk Circuit Court, By Merle P. 
Johnston, Deputy Clerk.

[fol. 367] I n C ir c u it  C ourt of P alm  B ea ch  C ounty  

S cire F acias ad A u d ien d u m  E rrores— Issued Dec. 2, 1936 

T h e  S tate op F lorida.

To the Sheriff of the Supreme Court of Said State, Greet­
ing:
Whereas, on the petition of Isiah (Izell) Chambers, Jack 

Williamson, Charlie Davis and Walter Woodward (Wood­
ard) alleging that in the record and proceedings and also 
in the rendition of Judgment in a certain cause in the Cir­



343

cuit Court of our Fifteenth Judicial Circuit, in and for Palm 
Beach County, between Isiah (Izell) Chambers, Jack Wil­
liamson, Charlie Davis and Walter Woodward (Woodard), 
as Plaintiffs in E rror and The State of Florida, as De­
fendant in E rror manifest error hath happened, to the great 
damage of the said Isiah (Izell) Chambers, Jack William­
son, Charlie Davis and Walter Woodward (Woodard) a 
W rit of E rror hath been awarded that our Supreme Court, 
having inspected the record and proceedings aforesaid, may 
cause to be done therein to correct that error what of right 
and according to law should be done.
[fol. 368] Therefore, We command you that you Make 
Known to the said State of Florida that it be before our 
said Supreme Court at the City of Tallahassee on the 25th 
day of February, A. D. 1937, then and there to hear the 
record and proceedings aforesaid and the errors assigned, 
if to them it shall seem expedient, and further to do_ and 
receive what our said Court shall in that behalf consider; 
and have you then and there this Writ.

Witness the Honorable James B. Whitfield Chief Jus­
tice of the said Supreme Court, and the seal of the said 
Circuit Court, this 2nd day of December in the year of Our 
Lord One Thousand, Nine Hundred and thirty six.

Geo. 0. Butler, Clerk of the Circuit Court of Palm 
Beach County, By Merle P. Johnston, D. C. (Cir­
cuit Court Seal.)

Endorsed on back thereon:
S ta te  of F lorid a ,

County of Leon:
I hereby accept service of the within Writ this 7th day of 

December, A. D. 1936.
Cary D. Landis, Attorney General ol the State ol 

Florida, by Roy Campbell, Assistant Attorney Gen­
eral.

S ta te  of F lorid a ,
County of Palm Beach:

1 hereby accept service of the within writ this 14 daj ol
December, A. D. 1936. . ,  T rSr

J. W. Salisbury, State Attorney, 15th Judicial C
cuit, Palm Beach County, Florida.



344

[fol. 369] I n C ir c u it  C o u r t  op P a lm  B e a c h  C o u n t w  

[Title omitted]

C o m p l e t e  A s s ig n m e n t s  op E rror—Filed Jan. 19, 1937
Comes now the above named petitioners in the above 

entitled cause by their attorneys, Sidney J. Catts, Jr., John 
Ziegler and S. D. McGill, in the above entitled cause and 
file these their complete assignments of error specifically 
mentioning each point that they intend to rely on as grounds 
for reversal in the Supreme Court of the State of F lorida:

1. The Court erred in denying the petitioner’s motion 
for new trial as amended which said order was entered 
herein in open Court on the 14th day of November, A. D. 
1936, in th a t:

a. The verdict is contrary to the instructions of the Court, 
[fol. 370] b. The verdict is contrary to the evidence.

c. The verdict is contrary to the evidence and instruc­
tions of the Court.

d. The verdict is contrary to law.
e. The Court erred in denying and overruling petitioners’ 

motion for instructed verdict.
f. The Court erred in refusing to give petitioners’ re­

quested charges Nos. 1, 2, 3, 4, 6 and 10.
g. The Court erred in instructing the jury that “ the bur­

den of proof in this case was upon the petitioners to estab­
lish to the reasonable satisfaction of the jury by a prepon­
derance of the evidence” the truth of either of their as­
signments of error.

h. The Court erred in overruling petitioners’ objections 
to the State referring in its questioning of its witnesses to 
“ the time Mr. Darsey was robbed and murdered.”

i. The Court erred'in over-ruling the petitioners’ objec­
tions to the S tate’s Attorney propounding questions to each 
of the S tate’s wdtnesses to-wit: W alter Clark, A. D. Mar­
shall, Constable R. C. Helton and others which questions 
were read by the State’s Attorney to such witnesses and 
Avhich questions pertained to different forms of mistreat­
ment by the officers toward the petitioners and elicited from 
such witnesses answers of yes or no. _

j. The Court erred in his charge to the jury as contained 
in the second paragraph of his written instructions in using 
the words “For Murder in the First Degree” after the



345

words “ These four men, Isiali Chambers, Jack Williamson, 
Charlie Davis and Walter Woodward now designated peti- 
[fol. 371] tioners, were indicted in the Circuit Court of 
Broward County, Florida.’’

k. The Court erred in his charge to the jury as contained 
in the second paragraph of his written instructions in using 
the words “ Of Murder in the First Degree” after the words 
“ Upon arraignment, three of these men pleaded guilty, 
and the fourth Isiah Chambers, after a trial upon his plea 
of not guilty, was found guilty by the jury”.

l. The Court erred in his charge to the jury as contained 
in the second paragraph of his written instructions in using 
the words “ Upon arraignment, three of these men pleaded 
guilty” notwithstanding the record and evidence before 
the jury showed upon arraignment only two of these men 
plead guilty and two plead not guilty; the plea of not guilty 
by Charlie Davis as (disclosed by the record was later with­
drawn on to-wit: June —, 1933, the same day on which the 
fourth petitioner, Isiah Chambers, was tried by a jury.

m. The Court erred in giving the following instructions 
to the jury:

“ I have briefly explained the nature of these proceed­
ings so that I may make it clear, first, that no question 
of the guilt or innocence of these defendants is involved 
in this matter now before you, and, second, so that you 
may understand why in this trial the burden of proof is 
placed upon these petitioners to establish to the reasonable 
satisfaction of the jury, by a preponderance of the evidence 
[fol. 372] the truth of the facts alleged in at least one of 
the two assignments of error I have just explained to you, 
rather than any burden of proof upon the State.

Accordingly, if it has been established to your reasonable 
satisfaction by a preponderance of the evidence, that either 
one, or at least one, of these two assignments of error is 
true, then you will bring in a verdict for the petitioners. 
If it is not established to your reasonable satisfaction by a 
preponderance of the evidence, that at least one of these 
two assignments of error is true in point of fact, then you 
will bring in a verdict for the State. Preponderance ol 
the evidence means the probative weight, influence, force 
or power of the evidence as adduced, considered separately 
and collectively with reference to the issues in the case.



346

ii. The Court erred in allowing in evidence any reference 
to the substantive crime charged in the indictment by the 
State of Florida and erred in instructing the jury in any 
way or by any reference to the substantive crime charged 
in the indictment.

o. The Court erred in its failure to instruct the jury that 
a verdict in favor of the petitioners would not release such 
petitioners from the charge as contained in the indictment.

p. I t affirmatively appears from the evidence and from 
the record in the proceedings which form the basis of the 
judgments and sentences of death upon the petitioners in 
[fol. 373] this case that the petitioners and each of them 
were denied due process of law and the equal protection of 
the law in violation of the Fourteenth Amendment to the 
Constitution of the United States as follows:

q. That they were not given a fair and impartial trial and 
deliberate trial.

r. That they were denied the right of counsel with the 
accustomed incidents of consultation and of preparation 
for trial, as provided by law.”

2. The Court erred in making and entering its judgment 
on writ of error coram nobis filed herein on the 14th day of 
November, A. D. 1936.

3. The Court erred in its further order of final judgment 
on writ of error coram nobis filed herein on the 2nd day 
of December, A. D. 1936.

4. The Court erred in its charge to the jury in the second 
paragraph of its written instructions in using the words 
“ for murder in the first degree” after the words “ these 
four men, Isiah Chambers, Jack Williamson, Charlie Davis 
and W alter Woodward now designated petitioners, were 
indicted in the Circuit Court of Broward County, Florida. ’ ’

5. The Court erred in its charge to the jury in the second 
paragraph of its written instructions in using the words 
“ of murder in the first degree” after the words “ Upon 
arraignment, three of these men pleaded guilty, and the 
fourth Isiah Chambers, after a trial upon his plea of not 
guilty, was found guilty, by the ju ry ” .

6. The Court erred in its charge to the jury in the second 
paragraph of its written instructions in using the words



347

“ upon arraignment, three of these men pleaded guilty, 
[fob 374] “ notwithstanding the record and evidence before 
the jury showed upon arraignment only two of these men 
plead guilty and two plead not guilty; the plea of not guilty 
by Charlie Davis as disclosed by the record was later with­
drawn on to-wit: June —, 1933, the same day on which the 
fourth petitioner, Isiah Chambers, was tried by a jury.

7. The Court erred in giving the following instructions 
to the ju ry :

“ I have briefly explained the nature of these proceedings 
so that I may make it clear, first, that no question of the 
guilt or innocence of these defendants is involved in this 
matter now before you, and second, so that you may under­
stand why in this trial the burden of proof is placed upon 
these petitioners to establish to the reasonable satisfaction 
of the jury, by a preponderance of the evidence the truth 
of the fact alleged in at least one of the two assignments of 
error I have just explained to you, rather than any burden 
of proof upon the State.

Accordingly, if it has been established to your reasonable 
satisfaction by a preponderance of the evidence, that either 
one, or at least one, of these two assignments of error is 
true, then you will bring in a verdict for the petitioners. 
If it is not established to your reasonable satisfaction by a 
preponderance of the evidence, that at least one of these 
two assignments of error is true in point of fact, then you 
will bring in a verdict for the State. Preponderance of the 
[fob 375] evidence means the probative weight, influence, 
force or power of the evidence as adduced, considered sepa­
rately and collectively with reference to the issues in the 
case. ’ ’

8. The Court erred in allowing in evidence any reference 
to the substantive crime charged in the indictment by the 
State of Florida and erred in instructing the jury in any 
way or by any reference to the substantive crime charged 
in the indictment.

9. The Court erred in its failure to instruct the jury that 
a verdict in favor of the petitioners would not release such 
petitioners from the charge as contained in the indictment.

10. The Court erred in each of its rulings on each matter 
set forth as a ground for new trial in petitioners’ motion 
and amendment thereto for a new trial.



348

11. The Court erred in denying petitioners’ motion for 
an instructed verdict.

12. The Court erred in entering its final judgment against 
the petitioners because it affirmatively appears from the 
evidence and from the record in the proceedings which form 
the basis of the judgments and sentences of death upon the 
petitioners in this case that the petitioners and each of 
them were denied due process of law and the equal protec­
tion of the law in violation of the fourteenth amendment 
to the Constitution of the United States, as follows:
[fol. 376] (a) That they were not given a fair and im­
partial trial.

(b) That they were denied the right of counsel with the 
accustomed incidents of consultation and of preparation 
for trial, as provided by law.

Sidney J. Catts, John Ziegler, S. D. McGill, At­
torneys for Petitioners.

I, J. W. Salisbury, State Attorney for the Fifteenth Judi­
cial Circuit of Florida in and for Palm Beach County, hereby 
acknowledge receipt of a copy of the above and foregoing 
complete assignments of error this 19 day of January, A. D. 
1937.

J. W. Salisbury, State Attorney.

[fo l. 377] I n  C ir c u it  Court op P alm  B each  C ounty  

[Title omitted]

P raecipe  for T ranscript  of R ecord—Filed Jan. 19, 1937

To Honorable George 0. Butler, Clerk of Circuit Court of 
Palm Beach County, F lo rida:
You will please prepare a transcript of record in the above 

named and stated case for the petitioners. You are hereby 
directed to commence the making up of said transcript on 
the 4th day of February, A. D. 1937, said date being not 
less than fifteen days after the filing of these directions.

You are further directed to copy and make a part of said 
transcript the following papers and proceedings, to-wit:

1. The assignment of errors on writ of coram nobis.



2. Traverse or answer of State Attorney to assignment 
of errors on writ of coram nobis.

3. The verdict of the jury.
4. The final judgment rendered in said cause on the 14th 

day of November, A. D. 1936.
5. The final judgment rendered in said cause on the 2nd 

day of December, A. D. 1936.
6. The bill of exceptions and also the assignment of 

errors made a part thereof, and also stipulation to settle 
[fol. 378] bill of exceptions and acknowledgment of service 
of copy of proposed bill of exceptions and assignment of 
errors.

7. Praecipe for writ of error and the recording of said 
writ of error.

8. Scire Facias ad Audiendum Errores and service of 
same on Attorney General and State Attorney.

9. Motion for change of venue.
10. Order for change of venue.
11. Recite and copy the minutes of Court on 12th day of 

October, A. D. 1936, and each time subsequent thereto peti­
tioners were before Court in this case.

12. Recite recordation of order extending time to present 
and settle bill of exceptions in minutes Circuit Court, and 
copy such order.

13. Recite and copy Complete Assignments of Error 
filed herein on the 19th day of January, A. D. 1937.

14. These directions to the Clerk for making up transcript 
of record.

15. Certify said transcript according to law.

Sidney J. Catts, Jr., John Ziegler, S. D. McGill, At­
torneys for Petitioners.

Received a true copy of the above and foregoing written 
directions to the Clerk as to making up transcript of record 
on the 19 day of January, A. D. 1937.

J. W.‘Salisbury, State Attorney, Palm Beach County, 
Florida.

349

[fol. 379] Clerk’s certificate to foregoing transcript omit­
ted in printing.



350

[fol. 380] I  hereby acknowledge receipt of a true copy of 
above transcript this — day of February, A. D, 1937.

J. W. Salisbury, State Attorney.
Copy.

[fol. 381] In S u p r e m e  C o u r t  of F lorid a , J u n e  T e r m , 
A. D . 1938. D iv is io n  A

I s ia h  ( I s e l ) C h a m b e r s , J a c k  W il l ia m s o n , C h a r l ie  D a v is , 
and W a lter  W oodard ( W oodw ard), Petitioners,

vs.
T h e  S ta te  of F lo r id a , Defendant

A writ of error to the Circuit Court for Palm Beach 
County, C. E. Chillingworth, Judge.

Sidney J. Catts, Jr., and S. D. McGill, for Plaintiffs in 
error.

Cary D. Landis, Attorney General, and Tyrus A. Nor­
wood, Assistant — General, for the State.

O p in io n — Filed March 3, 1939
T e r r e l l , J . :

This is the fifth time that different phases of this case 
have been adjudicated by us. Chambers et al. vs. State, 111 
Fla. 707,151 So. 499; Chambers et al. vs. State, 113 Fla. 786, 
152 So. 437; Chambers et al. vs. State, 117 Fla. 642; 158 So. 
153; Chambers et al. vs. State, 123 Fla. 734, 167 So. 697. 
A statement of the essential facts involved in each consid­
eration is detailed with these citations.

The instant writ of error was to a final judgment against 
plaintiffs in error in the fourth trial, being upon error coram 
nobis. The sole question involved is whether or not certain 
confessions and pleas of guilty entered by the defendants 
were their free and voluntary act, or whether they were 
extorted by force, coercion, fear, duress, and personal 
violence.

In the first writ of error, we affirmed the conviction of all 
four defendants of murder in the first degree. On the 
second appearance, we granted them leave to apply to the 
trial court for writ of error corom nobis for the purpose of 
determining whether or not certain confessions made by



351

them and on which they were convicted had been extorted 
from them by duress. The Circuit Judge tried and deter­
mined this issue against defendants and on writ of error to 
this Court the third time, we reversed this decision holding 
that the issue should have been tried by a jury. The cause 
was again remanded and tried before a jury but was re- 
[fol. 382] versed because of erroneous charges by the trial 
court.

The trial and determination of an issue joined on error 
coram nobis is one for the jury to resolve after hearing the 
evidence and appropriate charges by the Court in the same 
manner that other issues of fact are determined. This 
Court as well as the trial court is bound by the same rules 
of evidence and procedure in trying an issue of this kind 
that it is in the trial of other issues and under no circum­
stances should the province of the jury be invaded.

On the issue joined in this case, the evidence is in hope­
less conflict. The defendants in their behalf testified that 
they were brutally treated and put through all sorts and 
kinds of third degree methods for about a week before the 
confessions were secured and on the last night before they 
confessed, they were not permitted to sleep but were threat­
ened, whipped, and tortured all night. The confessions were 
secured about six o’clock the following morning. As to the 
charges of having been whipped, tortured, and ill treated, 
their testimony is not corroborated. It is corroborated as 
the fact of having been kept up all night and questioned the 
night before the confessions were secured.

The evidence of defendants as to torture and cruel treat­
ment is flatly denied by the Sheriff, the jailer and other wit­
nesses. The latter testimony is corroborated by that of 
several prisoners who were in jail with defendants at the 
time, a telephone workman who was working about the jail, 
the State Attorney, who took the confessions, and other wit­
nesses. All of the questioning took place in the jail.

The testimony of the plaintiffs in error, if taken alone, 
was ample to show that the confessions and pleas were se­
cured through coercion, duress, and reprehensible means, 
but it was flatly denied and the denial was strongly corrobo­
rated. In this situation, it became the function of the jury 
to resolve the conflict in the evidence and they resolved it 
against the defendants. Error in doing so is not made to 
appear.



352

Confessions such as are involved in this case are not 
deemed voluntary as a matter of law. To be admissible as 
evidence, they must be made by one competent to make them 
and they must not be induced by punishment, threats, 
duress, or promises of reward. A confession is not vit-ated 
by the fact that it was made to a Sheriff while the confessor 
was in custody after a protracted examination, provided the 
examination was orderly and properly conducted. If con­
ducted otherwise, the confession is illegal and should be ex­
cluded from the jury.
[fol. 383] Testimony to determine all these facts is per­
missible and if it shows that force, compulsion, or tender 
of reward was offered, the confession so obtained is in­
admissible as evidence. Hopt. vs. People of Utah, 110 
U. 8. 574, 4 Sup. Ct. 202, 28 L. Ed. 262; Sparf vs. United 
States, 156 U. S. 51, 15 Sup. Ct. 273, 39 L. Ed. 343; Pierce 
vs. United States, 160 U. S. 355, 16 Sup. Ct. 321, 40 L. Ed. 
454; Wilson vs. United States, 162 U. S. 613, 16 Sup. Ct. 
895, 40 L. Ed. 1090; Bram vs. United States, 168 U. S. 532, 
18 Sup. Ct. 183, 42 L. Ed. 568; Powers v. United States, 
233 U. S. 303, 32 Sup. Ct, 281, 56 L. Ed. 448; and cases on 
other page. See decisions of many state courts to same 
effect in Chambers et al. vs. State, 123 Fla. 734, 167 So. 697.

We have reviewed the evidence carefully and find nothing 
that would warrant a reversal of the verdict and judgment 
of the trial court. The defendants were charged with the 
commission of a he»ious crime; to wit, the murder for 
robbery of Robert Darsey of Pompano, Florida. Some 
twenty-five or thirty persons were arrested on suspicion 
as being implicated in connection with this murder but all 
were ultimately released except defendants. All night vigils 
in proceedings of this kind are not approved but are not 
ipso facto illegal.

In lodging responsibility for slaying of Mr. Dorsey, 
against defendants and releasing the others who were ar­
rested in connection with it, a great deal of questioning was 
done and the sheriff’s office was vigilant in apprehending 
the guilty parties. I t was one of those crimes that induced 
an enraged community and this fact goes far to explain 
the questioning and the fact that it was in progress several 
days and all night before the confessions were secured.

Two trial judges and two juries have decided all the 
material issues against the defendants. The gravamen of 
their defense seems to be that since one key man planned



353

the robbery and secured most of the proceeds of it, all should 
not suffer the death penalty. This was a question for the 
jury to determine and they resolved it against the defend­
ants after having an opportunity to recommend them to 
mercy. So far as the record discloses, defendants are shown 
to have been accorded a fair trial.

I t is also contended here that defendants were arraigned, 
and put on trial without the appointment of counsel to rep­
resent them or without the opportunity to confer with 
counsel before trial.

This was not one of the issues before the jury and the 
record does not show a formal order of the trial court 
appointing counsel to represent defendants but it is shown 
that they were represented at the trial by able and ex­
perienced counsel who conferred with them before the trial. 
The fact that the record shows no formal order appointing 
[fol. 384] counsel to represent them is not material but the 
better practice is that such an order should be shown.

It follows that the judgment below must be and is hereby 
affirmed.

Affirmed.
Whitfield, Buford and Chapman, J. J., concur.
Brown, J., dissents.
Thomas, J., not participating, because the case was sub­

mitted before he became a member of the Court.

I n  S u pr em e  C ourt op F lorida 

D issen tin g  Opin io n  

B ro w n , J., d is s e n tin g :

While I  have great respect for the ability and courage 
of the distinguished trial judge, as wefi as for the opinion 
of my eminent associates, I am of the opinion that the coui 
below erred in overruling the motion of the petitioneis 01 
a new trial. My view is that the evidence in the case en­
titled the petitioners to a verdict in their favor upon the 
first assignment of error. This assignment charged that 
the confessions and pleas of these petitioners, which formed 
the basis of the judgments and sentences complained ot, 
were not in fact freely and voluntarily made by ic pe 1 
tioners.

23— 195



354

Insofar as the second assignment of error is concerned, 
I  concur with the other members of the Court that the ju ry ’s 
verdict is sustained by the weight of the evidence. This 
second assignment of error charged that the confessions 
of the petitioners were obtained by force, coercion, duress 
and fear of personal violence. Insofar as that assignment 
of error is concerned, I  think the ju ry ’s verdict, which was 
adverse to the petitioners, was well founded. As to this 
very serious charge, Sheriff Clark and his deputies were, 
in my opinion, justly and properly vindicated.

I t is the first assignment of error, and the verdict of 
the jury thereon, which gives me serious concern. If there 
be any error in this case, on the part of the trial judge, 
it was in the denial of the motion for new trial in so far as 
said motion was based on the ground that, as to this first 
assignment of error, the verdict of the jury was contrary 
to the weight and probative effect of the evidence, in the 
light of the applicable law.

A great legal principle is at stake in this case.
[fol. 385] Unquestionably, the trial of this case was very 
fairly and ably conducted. The trial judge was eminently 
fair, alike to the petitioners and to the State. His rulings 
upon questions of evidence and his charge to the jury were 
free from any error. The questions involved were so clearly 
and fairly presented to the jury that they could not pos­
sibly have misunderstand the issues* of fact which they were 
called upon to determine, and the law applicable thereto.

The murder and robbery of the elderly Mr. Darsey at 
Pompano, Florida, some six years ago, was a most dastardly 
and atrocious crime. It naturally aroused great and weil 
justified public indignation. The vigorous efforts of Sheriff 
Clark and his deputies to get at the facts and bring the 
guilty parties to be commended. At best, law enforcement 
officers have a difficult task to perform, and even when in 
their zeal they go somewhat beyond the bounds fixed by law 
in their efforts to obtain evidence sufficient to convict "those 
whom they have reason to believe have been guilty of some 
hemous offense, the public is reluctant to criticize or con­
demn them. Indeed, at the time, they are more likely 
to be praised. I t is a matter of common knowledge that 
when some cruel and brutal crime is committed," public 
opinion and newspaper atricles usually demand immediate 
solution of the of-times difficult problem of who are the 
guilty perpetrators, and also demands their prompt convic­



355

tion and punishment. But there are certain rights of the 
individual, whether he be guilty or innocent, of crime, which 
have been for many years guaranteed to him, not only by 
the common law, but also by constitutions and laws of the 
State and nation. One of the well settled rules designed 
to produce these rights is the rule of law that no person 
shall be compelled to be a witness against himself, and 
that no confession of a defendant can be introduced in evi­
dence against him unless it was freely and voluntarily made, 
without any offer of reward or fear of punishment, or any 
semblance of duress or coercion. This principle was estab­
lished as a natural result of the reaction against the rack, 
the thumb-screw and the torture chamber of the dark ages, 
which were used to compel men, frequently innocent, to con­
fess guilt of crime, or to recant what were deemed to be 
statements of religious heresies.

Anything in the nature of third degree methods is not 
countenanced by the law in obtaining confessions. I do 
not say that third degree methods, strictly speaking, were 
used in this case. The jury manifestly did not think so. 
I  do not believe that there was any physical torture or 
punishment visited upon these young negro men to force 
them to confess. The evidence to the contrary is too strong. 
But it is a well established principle of law that confessions 
which are obtained from persons in custody by prolonged 
repeated and persistent examinations and questionings by 
[fol. 386] the officers of the law in whose custody they are, 
are inadmissible in evidence. Especially is this rule appli­
cable where the accused is young and ignorant and not pos­
sessed of that intelligence and willpower which would enable 
him to cope successfully with his questioners. Furthermore, 
there was evidence in this case that by reason of the enor­
mity of the crime involved there was some fear of mob 
violence, of which the petitioners were informed, and that 
these petitioners were taken from the jail in Fort Lauder­
dale by night to the jail in Miami, then brought back the 
next morning.

When this case was before us the last time, 123 Fla. 734, 
167 So. 697, the case was reversed on account of an erro­
neous charge which this court held did not submit to the 
jury the question raised by the first assignment of error; 
that is, whether or not the confession and pleas of guilty 
were freely and voluntarily made. However, as showing

24— 195



356

the materiality of this error, this court did make some com­
ment upon the testimony, which comment was as follows:

‘ ‘ Even if the jury totally disbelieved the testimony of the 
petitioners, the testimony of Sheriff Walter Clark, and one 
or two of the other witnesses introduced by the State, was 
sufficient to show that these confessions were only made 
after such constantly repeated and persistent questioning 
and cross-questioning on the part of the officers and one 
J. T. Williams, a convict guard, at frequent intervals which 
they were in jail, over a period of about a week, and culmi­
nating in an all-night questioning of the petitioners sepa­
rately in succession, throughout practically all of Saturday 
night, until confessions had been obtained from all of them, 
when they were all brought into a room in the ja ile r’s quar­
ters at 6 :30 on Sunday morning and made their confessions 
before the state attorney, the officers, said J. T. Williams, 
and several disinterested outsiders, the confessions, in the 
form of questions and answers, being taken down by the 
court reporter, and then type-written.

“ Under the principles laid down in Nickles v. State, 90 
Fla. 659, 106 So. 497; Davis v. State, 90 Fla, 317, 105 So. 
843; Deiterle v. State, 98 Fla. 739, 124 So. 47; Mathieu v. 
State, 101 Fla. 94, 133 So. 550, these confessions were not 
legally obtained.

“ It is quite generally Zeld in other jurisdictions that con­
fessions which were made by persons in custody after pro­
longed and persistent examination by sheriffs or police 
officers are inadmissible in evidence on the ground that con­
fessions so obtained cannot be considered as freely and 
voluntarily made.”  (Citing numerous authorities.)

[fol. 387] While there was some differences in the testi­
mony on this trial from that with reference to which above 
comment was made, the testimony of Sheriff Clark remains 
substantially the same. He did not remember some of the 
details testified to on the proceding trial, which was per­
fectly natural in view of the length of time which had 
elapsed, but his testimony on both trials impresses the 
writer with having been very frank and candid. On this 
trial, Sheriff Clark said that he and his assistants did not 
devote all of Saturday night to the questioning of these four 
men; that several others were questioned; that he began the 
examination in the late afternoon and then took an hour or 
so off for supper and then another recess about the middle



357

of the night, for an hour or an hour and a half; that he had 
these men brought, one at a time, to the jailer’s quarters, 
where the examinations took place, which separate exam­
inations would not last more than fifteen to twenty-five min­
utes ; that the total questioning of any one man during the 
whole night did not amount to more than two to three hours, 
and that they had time to sleep and rest between question­
ings. But his testimony and that of the other State’s wit­
nesses, does show frequent examinations throughout the 
week and a very persistent questioning and cross-question­
ing of these petitioners at frequent intervals during a large 
part of Saturday night, until the confessions were obtained 
early the following Sunday morning.

It might be said that these comments quashed from our 
former opinion related to confessions made out of court, and 
that this does not lessen the force of the fact that three of 
these petitioners, sharply thereafter, pleaded guilty in open 
court. The fourth, Isiah Chambers, pleaded not guilty and 
went to trial and was convicted, the confessions of the other 
three being used against him.

Undoubtedly, a plea of guilty interposed by a defendant 
in open court is presumptively free and voluntary. But 
having just shortly before, confessed their guilty before the 
officers of the court, it might well be said that their pleas 
of guilty were made as a result of such confessions, and 
that if such confessions were not freely and voluntarily 
made, neither were their pleas of guilty. When this case 
was here on petition for leave to apply to the trial court 
for writ of error coram nobis, this court speaking thr-u- Mr. 
Justice Buford (111 Fla. 707, 717,152 So. 437, 438) said:

“ It is true that the record and stenographer’s report of 
the testimony taken at the trials, which are made a part of 
the petition presented to this Court, show that each of the 
witnesses to whom it was alleged that the extra-judicial con­
fessions were made each testified that ‘at the time’ of the 
[fol. 388] alleged confessions there was no force or coercion 
used to procure the confessions but they did not make it 
clearly appear that force and coercion had not been used 
prior thereto, which force and coercion resulted in such con­
fessions. I t is also true that each of the defendants testified 
in the trial that the confessions were freely and voluntarily 
made and that the respective statements of each made upon 
the trial was the free and voluntary statement of such de­
fendant as a witness in his behalf, but if it is a fact, as



358

alleged in the petition, that these petitioners were coerced, 
threatened and frightened in such manner as to cause them 
against their will to make such statements at that time they 
come clearly within the purview of the law as announced in 
the cases of Nickels v. State, supra, and Washington v. 
State, supra.

“ If the allegations of the petition are not true, they may 
be traversed in due course in the court below and thereupon 
the issues as to the truth of such allegations may be judi­
cially determined.”

In Nickels v. State, 86 Fla. 288, 99 So. 121, this Court held 
th a t:

“ A plea of guilty should be entirely voluntary, by one 
competent to know the consequences, and should not be in­
duced by fear, misapprehension, persuasion, promises, in­
advertence, or ignorance. Accordingly, it will not bind the 
defendant where it is entered through intimidation, how­
ever slight; and a judgment is not properly entered on it 
where the court does not satisfy itself of the voluntary char­
acter of the plea. ’ ’

And in Casey v. State, 116 Fla. 3, 156 So. 282, this Court 
held th a t:

“ Plea of guilty to serious criminal charge should be 
freely and voluntarily made and entered by accused with­
out semblance of coercion and without fear or duress of 
any kind.

‘ ‘ When plea of guilty was entered by ignorant young man 
charged with capital offense, and evidence as to whether 
plea was entered through fear, duress, misunderstanding or 
improper influence was in hopeless conflict, accused should 
be allowed to withdraw guilty plea and proceed to trial on 
not guilty plea. ’ ’

In Coffee v. State, 25 Fla. 501, 511, 6 So. 493, 496, this 
Court said :

“ It is a rule of law that the confessions of parties 
charged with crime should be acted upon by courts and 
juries with great caution. 1 Greenleaf on Evidence, sec­
tion 200.

“ The wisdom of this rule cannot be questioned, for the 
reason that, notwithstanding the confessions of persons ac­
cused of crime have been held to be evidence of the very



359

highest character, upon the theory that no man would 
acknowledge that he had committed a grave crime unless he 
was actually guilty, but experience teaches that this theory 
[fol. 389] is a fallacy, for it is a fact that numbers of per­
sons have confessed that they were guilty of the most 
hem-ous crimes, for which they suffered the most horrible 
punishments, and yet they were innocent.

“ In the sixteenth and seventeenth centuries, in enlight­
ened England, men and women confessed that they were 
guilty of witchcraft # * * communion with evil spirits, 
and suffered at the stake therefor, and at this day men 
through fear of personal punishment, or through hope of 
averting such punishment, confess that they are guilty of 
crime, without the slightest foundation in truth for such 
confession, and for these reasons we say that the theory 
that men will not confess to the commission of crimes of 
which they are innocent, is a fallacy.

‘ ‘ There is another rule of law, and it has its foundation 
in justice, and that is, that when a confession has, in the 
first place, been made under illegal influences, such in­
fluences will be presumed to continue and color all subse­
quent confessions, unless the contrary is clearly shown.”

It may be that these four petitioners are in fact all guilty, 
and that they would be so found by a jury if this case 
should be remanded for a trial on the merits, without the 
confessions being introduced in evidence. But the guilt or 
innocence of of these pe- is not the question before us. The 
question here is, whether, on the testimony in this coram 
nobis case, the verdict of the jury, finding, in effect, that the 
confessions and pleas of guilty of these petitioners were 
freely and voluntarily made, should have been set aside by 
the trial judge on motion for new trial.

My viewT is that the verdict of the jury was contrary to 
the weight and probative force of the evidence on this point 
and that the court below should have granted the motion for 
new trial. I have reached this conclusion with some reluc­
tance, in view of the fact that the issues were fairly and 
squarely presented to the jury and both trial and appellate 
courts are both to set aside the findings of juries on dis­
puted questions of fact. And in this case, the learned trial 
judge, who heard the witness testify declined to disturb 
the verdict.

But in this instance I have based my conclusion upon the 
testimony of the S tate’s witnesses alone. Taking the facts



360

established by the S tate’s own testimony, considered in the 
light of the applicable principles of law, my conclusion is 
that these confessions and pleas were not “ freely and vol­
untarily ’ ’ made.

[fol. 390] In S u p r e m e  C o u r t  o f  F lorida  

| Title omitted]
P e t it io n  fo r  R e -h e a r in g

Come Now the petitioners in the above entitled cause, by 
their undersigned attorneys, and move the Court to recon­
sider the Transcript of Record in this cause now before the 
Court on the writ of error taken to this Court, to ascertain 
if anything contained in said Transcript was overlooked by 
the Court or not fully considered, in view of the death sen­
tences and of the magnitude of the principles involved in 
this cause, and to vacate and set aside the judgment and 
sentences of death upon the petitioners herein, upon the 
following grounds:

I
That the death sentences in this cause are based upon the 

petitioners’ confessions of guilt out of court and subse­
quently in court, upon their arraignment in the Circuit 
Court of Broward County, Florida. That the testimony of 
the petitioners as shown by the transcript in this cause will 
appear that said confessions were made through fear and 
intimidation; that they were not freely given; that they 
were frightened into making such confessions of guilt and 
guilty pleas by one J. T. Williams, a convict guard, who 
was in charge of said petitioners in the Broward County 
Jail from the time of their incarceration, May 13, 1933, to 
the time of the confessions and entering their guilty pleas, 
on the morning of May 21, 1933.
[fol. 391] Petitioners further showeth unto the Court that 
they believe that the Court has perhaps overlooked the tes­
timony of J . T. Williams, W alter Clark and R. C. Helton, 
given in the Broward County Court at the trial of your peti­
tioners, particularly the following questions and answers 
which appear in the original transcript filed in this Court 
and upon which the Court’s Opinion was based in Decem­
ber 1933, in Chambers et al. v. State, 151 So. 499, from 
which the following evidence as to how these confessions 
were obtained will appear as follows:



361

Direct examination.

By Mr. Maire:

Q. Mr. Clark, what official position did you hold on the 
20th and 21st day- of May 1933?

A. Sheriff of Broward County.
Q. During the night of May 20 and 21, did you at any 

time see Izell Chambers, Charlie Davis, Jack Williamson 
and Walter Woodard?

A. Yes, sir.
Q. Who was present when you first talked with this de­

fendant, Izell Chambers?
A. Why, Mr. Williams, A. D. Marshall and Mr. McNeil, 

Clyde Helton-----
Q. Did he ever make a statement with reference to the 

death of Mr. Robert M. Darcey of Pompano on May 13, 
1933?

A. Yes sir.
Q. When did he first make a statement with reference to 

that ?
A. Along about the middle of the night sometime he 

began to talk about it, along the middle of the night he 
began to tell us about daylight.

Q. Who was present when you first began to talk with this 
defendant, Izell Chambers, the early part of the night?

A. Mr. Williams, McNeil, Clyde Helton, Mr. Marshall 
and myself.

Q. Is it true that a statement was made the following 
Sunday morning?

A. Yes sir.
Q. Who was present at that time ?
A. Why, Mr. Marshall, Mr. Williams, McNeil, Clyde Hel­

ton, Mr. Coleman, myself, Mr. Ford and Mr. Johnson anti 
Mr. Goodrich.

Q. Now Mr. Clark, when was this defendant, Izell Cham­
bers, brought to the Broward County Jail in Fort Lauder­
dale, if you remember?

A. I t was on Sunday night.
Q. Sunday night after Mr. Darcey was struck?
A. Yes sir.
Q. From that time he was brought to the jail was he ever 

questioned when you were not present?
A. No sir.



362

Q. From the Sunday night that he was brought to the 
jail until this statement was taken in writing, how long a 
period of time was that?

A. Sunday night until Sunday morning would be a little 
over a week, about a week and twelve hours, because’ we 
brought him here Sunday night and he made the statement 
Sunday morning.

Q. During that whole week were you present every time 
he was questioned?

A. Yes sir, because I made it my business to be there.
Q. During that whole week, at any time during that week 

when you were present and statements were made, did you 
or anybody in your presence make any promises or offer 
any inducements to induce him to talk ?

A. The only thing we told him was the best thing he could 
do was to tell the truth.

Q. During that time did Jack Williamson, Charlie Davis 
and W alter Woodard ever make a statement in the pres­
ence of Izell Chambers ?

A. Yes sir.
Q. Did you or any one in your presence ever tell any one 

[fol. 392] of the three defendants or make any promises to 
them to induce them to talk?

A. No sir.
Q. During that whole week did you or any one in your 

presence threaten any of these defendants in any way or 
use any physical violence or any coercive measures in any 
way to induce them to make statements?

A. No sir.
Q. Such statements as they made during that whole week, 

how were they questioned and statements elicited ?
A. By questioning and cross questioning them, catching 

them in a lie now and then and straightening them out.
Q. Were such statements as were made, made freely and 

voluntarily on the part of the defendants?
A. Yes sir.

J. T. W il l ia m s , having been previously duly sworn, being 
called on behalf of the State, testified as follows :

Q. Mr. Williams, where did you live on the 13th day of 
May and the week following?

A. Boynton, Palm Beach County, Florida.



363

Q. Do you know this defendant, Izell Chambers, now on 
trial ?

■A. Yes sir.
Q, Do you know Charley Davis, Jack Williamson and 

Walter Woodard?
A. Yes sir.
Q. Have you had any occasion to talk to Izell Chambers, 

this defendant and Charley Davis, Jack Williamson and 
Wralter Woodard in the presence of this defendant?

A. Yes sir.
Q. Subsequent to the 13th day of May 1933?
A. Yes sir.
Q. When was the first time you talked to him, Mr. Wil­

liams?
A. On Monday after the 15th.
Q. Was a statement made at that time with reference to 

the death of Mr. Darcey?
A. No sir.
Q. Did you talk to them throughout the following week?
A. Practically, yes Sir. As much as I could stay awake.
Q. Were you present on Saturday night commencing May 

20, 1933, and also present Sunday morning May 21, 1933, 
when the statement was made ?

A. Yes sir.
Q. Were all the defendants present at that time?
A. On Sunday morning, yes Sir.
Q. Was anybody else present ?
A. Yes sir.
Q. Do you know the other gentlemen that were present?
A. Most of them, yes sir.
Q. Name the ones that you know.
A. Sheriff Clark, Mr. Goodrich, Mr. Helton, Mr. Mar­

shall, Mr. Ford, Mr. Johnson, Mr. McNeil, the prosecuting 
Attorney, Mr. Coleman and myself.

Q. On Sunday morning May 21, 1933, and at any time the 
whole week prior to that time, that you and any onê  else 
were present talking to either Izell Chambers, this defend­
ant, or Charley Davis, Jack Williamson or Walter AA oodard, 
in his presence, did you or any one at any time ever make 
any promise or offer any inducement in order to get them to 
talk?

A. No Sir.



364

R .  C. H e l t o n , having previously been duly sworn, being- 
recalled by the State, testified in the presence of the Jury  as 
follows:

Direct examination,

By Mr. M aire:
Q. Mr. Helton, when was the first time that you had a con­

versation with the defendant, Izell Chambers, with refer- 
[fol. 393] ence to the death of Mr. Robert M. Darcey at 
Pompano?

A. I think it was on a Monday afternoon following the 
Saturday night of the occur-enee.

Q. Who was present, if you recall, at that time besides the 
defendant and yourself?

A. Sheriff Clark and Mr. Williams, Mr. W right and I 
don’t know whether it was Mr. Goodrich or Mr. Bob Clark, 
I think was present, and Mr. Moseley.

Q. At that time did you or did any one in your presence 
make any promise of any nature in order to induce the de­
fendant, Izell Chambers, to talk?

A. No sir.
Q. At that time did you or did any one in your presence 

make any threats to use any violence to induce the defend­
ant Izell Chambers to talk ?

A. No sir.
Q. Did he make a statement at that time with reference to 

the Deceased, Mr. Robert M. Darcey?
A. No sir.
Q. Were you present on Sunday May 21, 1933, when the 

statement was made by the defendant, Izell Chambers ?
A. Yes sir.
Q. Who else was present at that time if you remember, 

Mr. Helton?
A. I  don’t know whether I  can call them all or not, but 

there was Mr. Williams, the Sheriff, Mr. Marshall, Mr. 
Goodrich and there were some of these gentlemen I  didn’t 
know and you.

Q. What about the other defendants?
A. The other defendants were present, all four of them 

were there.
Q. Where was that statement made?
A. On the fourth floor in Mr. Marshall’s room.
Q. Do you know whether or not the Court Reporter was 

present when that statement was made ?



365

A. He was.
Q. At that time did you or did any one in your presence 

make any promise to induce the defendant Izell Chambers 
or any of the defendants to make a statement?

A. No sir.
Q. At that time did you or any one in your presence use 

any violence or make any threats or in any manner coerce 
the defendant, Izell Chambers, or any of the other defend­
ants to talk?

A. No sir.
Q. If a statement was made at that time by Izell Cham­

bers or any of the other defendants, was such a statement 
made freely and voluntarily upon their part so far as you 
know ?

A. Yes sir.
Q. Do you remember about what time of the day it was 

when you arrived at the court house on that Sunday morn­
ing?

A. Well, I  came up Saturday afternoon about dark I 
would say, sundown, but I left about 2 :30 and went back to 
Pompano and got another Negro and then about 4 o’clock 
I  went back again with one of these defendants to show us 
where the pocket book was—where the money was—and I 
stayed there until around six o’clock I guess, until it got 
light enough where I could search the room and came back 
about 6 :30.

II
\ rour petitioners further represent that the transcript of 

the record now before the Court, page 58, shows that the 
petitioners were arrested in Pompano, Florida, on Sunday 
night May 14,1933, and rushed to the Broward County Jail. 
Walter Woodard was awakened from his bed by an officer 
who hit him on the bottom of his feet with a club, flashed his 
[fol. 394] light and ordered the prisoner to get up and go 
with him. Upon inquiry as to what it was all about, the 
prisoner was told: “ Its no time to mess around here be­
cause if the mob gets you, you will know what it is. 
rushed him out without his shoes and trotted him to a cai 
that they had waiting out there. He was kept in that jail 
from the time of his arrest that night until he was convicted 
and sent to Raiford for electrocution, without any shoes. 
J. T. Williams a 200 pounder, would stamp on his bare feet 
when he was questioned during the whole week, in an en­
deavor to make him confess to the crime. When this pri-



366

soner asked for his shoes he was told that he did not need 
any shoes. Woodard told Captain Williams that the con­
crete was cold in the jail but his captor paid no attention to 
him.

Jack Williamson says (Tr. p. 48) : “ I was crazy, I didn’t 
know what I  was saying, I  was crazy as a result of the treat­
ment they had given me. I  don’t remember what I  said be­
cause they had told me to say it and carried me over it .” 
On the morning when Jack Williamson plead guilty, Captain 
Williams appeared at his cell and wanted to know if they 
were going to stick to their confessions. He warned them 
that if they did not stick to the confessions of guilt that they 
had signed, they would be lynched. Captain Williams fol­
lowed them into the court room that morning and was there 
present at the time, of the arraignment to see that they did 
stick to their confessions of guilt. Attorney Mather told 
the petitioners that feeling was running high in Broward 
County against them. Attorney Griffis (Tr. p. 147) did not 
tell the petitioners whether they should plead guilty or not. 
He refused to advise them what to do and your petitioners 
did not know what to do. They were all strangers in that 
section, young, ignorant and wholly Unacquainted with 
court procedure.

Your petitioners further showeth unto the Court that 
their stories were corroborated by Attorney Griffis who 
says that he was informed by Captain Williams that one of 
the petitioners wanted to change his plea from not guilty 
to guilty, and your petitioners further showeth unto the 
Court that the Court apparently overlooked the testimony of 
Prince Douglas, a state’s witness who testified (Tr. p. 174) 
to the fact that Captain Williams and others who obtained 
these alleged illegal confessions were kept awake by feed­
ing them sandwiches and coffee all night Saturday night 
May 20, 1933, until these alleged confessions were obtained 
[fol. 395] the next morning about 6 o ’clock. Captain Wil­
liams testified that he questioned them for a week, as much 
as he could stav awake.

I l l
Your petitioners are advised and believe that if the testi­

mony against them by their attorneys W. C. Mather and 
Elbert B. Griffis, should be considered by the Court it will be 
in effect to force these petitioners to testify against them­
selves, in violation of their Constitutional rights not to so 
testify.



367

Your petitioners further represent that the Trial Judge 
did not know that Capt. J. T. Williams or anyone had 
threatened and coerced them into signing the confessions of 
guilt and the Court did not know and was not advised that 
Capt. Williams had called at the jail where the prisoners 
were confined on the morning of their arraignment, and 
told them if they changed their pleas of guilty in court, on 
the morning of their arraignment, they would be lynched and 
your petitioners were afraid to advise the Court on account 
of threats by Capt. J. T. Williams and said pleas were made 
only through fear of being lynched; that your petitioners 
did not tell their attorneys about this because the Court 
never told them that it had appointed any attorneys to as­
sist your petitioners in their defense and petitioners did not 
know that said attorneys had been appointed by the Court 
and were wholly without knowledge that said Mather and 
Griffis were attorneys until and except upon their own repre­
sentations, about thirty minutes before their arraignment 
and pleas of guilty, and it was for that reason they were 
afraid to discuss their cases with the said attorneys freely, 
before the pleas of guilty were entered.

W h e r e f o r e  your petitioners pray this Honorable Court to 
reconsider its judgment affirming the death sentences in this 
cause and to vacate the same and grant unto your petitioners 
a new trial so that said petitioners may be tried upon the 
merits of this cause.

And your petitioners will ever pray.
(S.) Sidney J. Catts, Jr., John Ziegler, S. D. Mc­

Gill, Wm. S. Robinson, Attorneys for Petitioners.

[fol. 396] R e h e a r in g  D en ied

On the 11th day of April, 1939, the Supreme Court of 
Florida issued its denial of the petition for rehearing, filed 
herein.

[fol. 397] M and ate  fro m  S u p r e m e  C ourt , t h e  S tate of

F lorida

To the Honorable, the Judge of the Circuit Court for the 
Fifteenth Judicial Circuit of Florida, Greeting:
Whereas, Lately in the Circuit Court of the Fifteenth 

Judicial Circuit of Florida, in and for the County ot



368

Broward in a cause wherein Isiah (Izell) Chambers, Jack 
Williamson, Charlie Davis and Walter Woodward (Wood­
ard), were Petitioners and State of Florida was defendant, 
the judgment of said Circuit Court was rendered Nov. 14, 
1936 as by the inspection of the transcript of the record of 
the said Circuit Court which was brought into the Supreme 
Court of the State of Florida, by virtue of a writ of error 
agreeably to the laws of said State in such case made and 
provided, fully and at large appears :

And Whereas, at the January Term of said Supreme Court 
holden at Tallahassee, A. D. 1939, the said cause came on to 
be heard before the said Supreme Court on the said tran­
script of the record and was argued by counsel; in considera­
tion whereof, on the 3rd day of March A. D. 1939, it was con­
sidered by said Supreme Court that the said Judgment of 
the Circuit Court be and the same is hereby affirmed; it is 
further ordered by the Court that the Defendant in E rror do 
have and recover of and from the Plaintiff in E rror its costs 
by it in this behalf expended, which costs are taxed at the 
sum of — Dollars; therefore,

You Are Hereby Commanded, That such further proceed­
ings be had in said cause as according to right, justice, the 
judgment of said Supreme Court, and the laws of the State 
of Florida, ought to be had, the said Judgment of the Cir­
cuit Court notwithstanding.

Witness, The Honorable Glenn Terrell, Chief Justice of 
said Supreme Court, and the seal of said Court at Tallahas­
see, this 22nd day of March, A. D., 1939.

G. T. Whitfield, Clerk Supreme Court of Florida, by 
Ella O’Niell, Deputy Clerk. (Seal.)

[fol. 398] I n  S u pr em e  C ourt of F lorida 

[Title omitted]

P etitio n  for  S tay of E xecution

Come Now, Isiah (Izell) Chambers, Jack Williamson, 
Charlie Davis and Walter Woodard (Woodward) peti­
tioners in the above entitled cause, by their undersigned 
attorneys, and petition this Honorable Court for a stay of 
execution and enforcement of the judgment rendered by this 
Court on the 3rd day of March, A. D. 1939, for a period of



369

ninety (90) days from said date, or until further order of 
this Court, and these petitioners respectfully represent that 
they desire to apply for a writ of certiorari to the United 
States Supreme Court, to review the records and proceed­
ings in this Court in this case, and these petitioners further 
represent that said stay of execution and enforcement of 
said judgment is necessary in order to perfect said appeal 
by means of certiorari from this Court to the United States 
Supreme Court.

McGill & McGill, by S. D. McGill, Attorneys for Peti­
tioners.

[fol. 399] I n S u prem e  Court op F lorida 

[Title omitted]

Order S taying E xecution

This Cause coming on this day to be heard upon motion 
of petitioners in the above entitled cause for a stay of the 
execution and the enforcement of the judgment rendered by 
this Court in said cause on March 3, 1939, for a period of 
ninety (90) days from said date, or until the further order 
of this Court, and it appearing to the court that these peti­
tioners desire to apply for a writ of certiorari to the United 
States Supreme Court to review the records and proceedings 
in this cause, and it appearing that a stay of the execution 
and enforcement of said judgment rendered by this Court 
on said date is necessary in order that said petitioners may 
perfect an appeal by means of certiorari from this Court 
to the United States Supreme Court and the said petition 
having been duly presented to this Court and the Couit 
being fully advised in the premises, it is upon consideration 
thereof,

Ordered, Adjudged ancl Decreed that a stay of execution 
and enforcement of said judgment rendered by this Court 
in said cause March 3, 1939, be and the same is hereby 
stayed for a period of ninety (90) days from March 3, 19.>9, 
or until further order of this Court.

Done and Ordered in Chambers in Tallahassee, Leon 
County, Florida, this 20tli day of April, A. D. 1939.

(S.) Glenn Terrell, Judge.



370

[fol. 400] I n S u p r e m e  C o u r t  op F lorid a  

[Title omitted]
P r a e c ip e  po r  T r a n s c r ip t  of R ecord

The Clerk of the Above Styled Court will please prepare 
for us as counsel for the petitioners herein the following 
papers, to-wit:

1. Copy of the transcript of the record tiled herein in the 
Supreme Court of Florida, filed February 25, 1937.

2. Copy of the opinion of the Supreme Court filed March 
3, 1939.

3. Copy of petition for rehearing tiled herein.
4. Recite denial of petition for rehearing.
5. Copy of mandate of this Court.

McGill & McGill, by S. D. McGill, Counsel for Peti­
tioners.

[fol. 401] Clerk’s Certificate to foregoing transcript omit­
ted in printing.

[fo l. 402] S u pr e m e  C ourt of t h e  U n ited  S tates

Order A llo w in g  Certiorari— Filed October 23, 1939

The petition herein for a writ of certiorari to the Supreme 
Court of the State of Florida is granted.

And it is further ordered that the duly certified copy of 
the transcript of the proceedings below which accompanied 
the petition shall be treated as though filed in response to 
such writ.

Mr. Justice Butler took no part in the consideration and 
decision of this application.

Endorsed on cover: In forma pauperis. File No. 43,602. 
Florida Supreme Court. Term No. 195. Isiah (Izell) Cham­
bers, Jack Williamson, Charlie Davis and W alter Wood­
ward (Woodard), Petitioners, vs. The State of Florida. 
Petition for a writ of certiorari and exhibit thereto. Filed 
July 11, 1939. Term No. 195, O. T., 1939.

(4477)





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