Answers to Plaintiffs' Interrogatories and Motion to Produce by County Commissioner Jerry Fitch

    UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JOHN DILLARD, ET AL, 

PLAINTIFFS 

VS. CIVIL ACTION #85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, 

N
a
a
 

N
t
”
 

N
t
”
 

N
a
 

N
t
”
 

“m
at
 

“i
t?
 

“
u
i
?
 

  

  

ET AL, 

DEFENDANTS. 

ANSWERS TO PLAINTIFFS' INTERROGATORIES 

AND MOTION TO PRODUCE 

BY JERRY FITCH, PICKENS COUNTY COMMISSIONER 
  

Comes Jerry Fitch, Commissioner, Pickens County and for 

answer to Plaintiff's Interrogatories and Motion to Produce 

Documents says as follows: 

l. Reverend James Corder 

la. County Commissioner 

lb. Don't know. 

lc. He was defeated. 

2. I do not know of any. 

3a. N/A 

4a. Pickens County Hospital Board, Pickens County Water, Sewer 

and Fire Protection Authority, Pickens County Industrial 

Development Board, Pickens County Library Board. Commissioners 

review all applications and look at all qualifications. See 

additional response in answers of Pickens County Probate Judge. 

4b. See response in answers of Pickens County Probate Judge. 

4c. See response in answers of Pickens County Probate Judge. 

4d. See response in answers of Pickens County Probate Judge. 

 



  

PAGE TWO 
  

5. See response in answers of Pickens County Probate Judge. 

5a. Corder vs. Kirksey. See additional response in answer of 

Probate Judge. 

5b. United States District Court for the Northern District of 

Alabama. 

5c. See response in answers of Pickens County Probate Judge. 

5d. See response in answers of Pickens County Probate Judge. 

6. Do not know of any. 

7a. I do not know of any. 

7b. No. 

8. N/A 

9. See Affirmative Action Plan that was adopted by Commissioners 

on April 22, 1980. A copy of which is attached to Probate Judoets 

Response to this Question. 

10. I am not aware of any. 

11. See response in answers of Pickens County Probate Judge. 

l2a.Richard Walters, District One Commissioner, White; Jerry 

Fitch, District Four Commissioner, White; Garvin Bryant, District 

Two Commissioner, White; Jack Pate, District Three Commissioner, 

White; W. H. Lang, Jr., Probate Judge, White; Louie Coleman, 

Sheriff, White; James Floyd, Circuit Clerk, White. 

12b.See response in answers of Pickens County Probate Judge. 

l3a.See attached records of expense account. 

l3ai.See attached records of expenses account. 

13b. None 

13c. None 

 



  

PAGE THREE 
  

13d. WRAG and WAQT Radio Stations, PICKENS COUNTY HERALD 

newspaper, PICKENS COUNTY ADVERTISER, newspaper. Also see 

attached list of expenses. 

13e. See attached card and sample ballot. 

13f. None. Made public campaign appearances with blacks and 

whites attending at the following places: Pickens County 

Courthouse Square, Carrollton; Political Rally at Aliceville City 

Park; Political Rally at Reform City Park. 

13f1.. R/3 

13f2. N/A 

13g. None. 

13gl. N/A 

13g2. N/A 

13h. Promised to work toward constructing a road to connect 

Beaver Town and Hinton Town Communities. 

13i. I" do not recall. 

133. I appealed for all the people's votes. 

13k. None. 

13kl. Six (6) whites and seven (7) blacks. 

13m. J. S. and Lucille Gosa of Aliceville, AL, I. V. Prude, 

Carrollton, AL, Lemon Forte, Aliceville, AL, Son and Hattie 

Cockrell, Ethelsville, AL, Frankie L. Hinton, Ethelsville, AL. 

13n. None. 

130. None in my possession; endorsed only by the Democratic 

Committee and Party. 

 



  

PAGE FOUR 
  

13p. None. 

14. Jerry Fitch, Ethelsville, AL, my attorney W. O. Kirk, 

Jr., Carrollton, AL, Chief Clerk of Probate Court, Mrs. Glenda 

Ryan, Carrollton, AL; Clerk of Commissioners' Court, Verbon 

Atkins, Carrollton, AL; all records in my custody or Chief 

Clerk's custody or Verbon Atkins' custody or Probate Judge's 

custody. 

15. No. 

15a. Corder vs. Kirksey litigation. See additional response in 

answers of Pickens County Probate Judge. 

15b. See response in answers of Pickens County Probate Judge. 

15bl. See response in answers of Pickens County Probate Judge. 

15b2. See response in answers of Pickens County Probate Judge. 

15b3. See response in answers of Pickens County Probate Judge. 

16. I do not know. 

17a. N/A. 

17b. N/A. 

18. Schools were segregated in the past. 

19. N/A. 

20. I do not know. 

21. See response in answers of Pickens County Probate Judge. 

22% None. 

23. See response in answers of Pickens County Probate Judge. 

24. See response in answers of Pickens County Probate Judge. 

25. See response in answers of Pickens County Probate Judge. 

26. See response in answers of Pickens County Probate Judge. 

 



  

  

PAGE FIVE 

217. See response in answers of Pickens County Probate Judge. 

28. See response in answers of Pickens County Probate Judge. 

29. See response in answers of Pickens County Probate Judge. 

30a. None at present but names and addresses will be provided 

if and when obtained. 

30b. N/A. 

30c. N/A. 

eves ZL ZA 
[/IERY FITCH 
  

STATE OF ALABAMA 

COUNTY OF PICKENS 

Before me, the undersigned authority in and for said County and 
said State, personally appeared Jerry Fitch, who after being- 
first duly sworn, deposes and says that he is cognizant of the 
facts as set forth in the foregoing Answers to Interrogatories 
and Motions to Produce and he further states that the facts as 
stated therein are true and correct according to the best of his 
knowledge, information and belief. 

Given under my hand and seal this 3/ day of January, 1986. 

2: 
NOTARY PUBLIC 

’ 

  

ATTORNEY FOR JERRY FITCH 

DEFENDANT 
~ 

UAH 
  

W. O. KIRK, JR. 
CURRY & KIRK 
P. O. BOX A-B 
CARROLLTON, AL 35447 
TELEPHONE: (205) 367-8125 

 



  

PAGE SIX   

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Answers 
upon: 

Wanda J. Cochran 

Larry T. Menefee 
James U. Blacksher 

Blacksher, Menefee & Stein, P. A. 

405 Van Antwerp Building 
0." Box 1051 : 

Mobile, AL 36633 

Terry Davis 
Seay and Davis 
732 Carter Hill Road 
P. O. Box 6215 
Montgomery, AL 36104 

Julius L. Chambers 

Deborah Fins 

Legal Defense Fund 
99 Hudson Street 

léth Floor 

New York, New York 10013 

W. Edward Still 

Reeves and Still 

714 South 29th Street 

Birmingham, AL 35233 

Reo Kirkland, Jr. 
Attorney at Law 

P. O. Box 646 
Brewton, AL 36427 

by placing copies of the same in the United States Mail properly 
addressed and postage paid this 2 day of February, 1986. 

FP, 
  

W. O. KIRK,”7JR., ATTORNEY FOR 
PICKENS COUNTY DEFENDANTS 

 



  

PAGE SEVEN 
  

CERTIFICATE OF SERVICE 
  

I hereby certify that I have served the foregoing Answers on 
the other Defendants by 
record: 

Jack Floyd 
Floyd, Kenner & Cusimano 
816 Chestnut Street 

Gadsden, AL 35999 

(ETOWAH COUNTY ) 

D. L. Martin 

215 South Main Street 

Moulton, AL 35650 

and 

David R. Boyd 
Balch and Bingham 
P. O. Box 78 

Montgomery, AL 36101 
(LAWRENCE COUNTY) 

H. ;R. Burnum 

P.O. Box 1618 

Anniston, AL 36202 

(CALHOUN COUNTY) 

Alton L. Turner 

404 Glenwood Avenue 

P. O«. Box 207 

Luverne, AL 36049 

(CRENSHAW COUNTY) 

Warren Rowe 

P. O. Box 150 
Enterprise, AL 36331 
(COFFEE COUNTY) 

serving the following attorneys of 

Barry D. Vaughn 
Proctor and Vaughn 
121 North Norton Avenue 

Sylacauga, AL 35150 
(TALLADEGA COUNTY) 

James W. Webb 

Webb, Crumpton, McGregor, 
Schmaeling & Wilson 
166 Commerce Street 

Montgomery, AL 36101 
and 

Lee M. Otts 

Otts & Moore 

P. O. Box 467 

Brewton, AL 36427 

(ESCAMBIA COUNTY) 

by placing copies of the same in the United States Mail properly 
addressed and postage paid this = day of February , 1986. 

/ 

Ww. 5 pra ATTORNEY FOR 
  

PICKENS COUNTY DEFENDANTS 

 



   

Blown Palating Co. Montgomery, YP a G Whey 4) 

( 3A 
: DATL EXVPENGE ACCOUNT OF CAND 

(To Be Filed Within 13 Days Alter the Llactlon) 

NAME... ~JerCu Loh. Std % 
waning anes BILL Poe Zad L 

Ef elseitle BK 3IS¥6 £.. 

Pursuant to Tule 17, Sections 270, 279 and 400 of the Code of Alabama us waended, delinlag the Conrupit 
Practices Act. 1 herewith submit a full, corvect, detatled and Itemlzed statement of al) expenses nade dueatly 
of indirectly in sums over $8.00 und of all ubligations, debts, or Habilities assumed or neared ut the thine of Gila 
this statement, together with the names of sll contributors of amounts In excess of $10.00, with the amounts pve n 
hy coch, and a List of all giles, Jonny ar contributions made la conncetion with my campaign us a candidate 1a the 

Election held on Tusaday, Sept. l ye ¥ept.2 § 10 § for the office of 

Pickens County Co am missioners. Piste «4 ERE RR 
(Enter Name of Office) _— 

| : foes ETA t 
[ CONTHIBUTIONY | iy 

: NV Vz | Raat = 19 
Ye Filed whe_—f 2 anv ot % 

| | PR 
| Judge of Prepate 

  

BE LE EERE PRP ‘ - enim EE 

. Lk : ‘og 
| ' 

TOTAL A 0 Ne. : 

EXPENSES INCURRED | 

“Pickens County Pemeeratic Executive Comm, Hee [8.00 

C+ P Prioking 5 fl Q49.8S 

Pickens Count Aewaid I0/.80 

The Advertise /]S 00 

WRPG - WAHT S/2.%0 

Sarcone [Photos raphic prt 29.00 

Hiway 4 Brecon TYS 00 

  

! ; rora. BI12/. 0S” 

ATI Sees i Hp 
STATE OF ALABAMA, COUNTY OF ... ©; clon. 

1 ; Glenda Que , Bus S< iq. meen ee i Notary Pubic in and for sod conmnty a saad 

state he rely cen lilly that DECOY rx 9 =A ch FA whore taney, 
13 k spud to the foregomg statement, who nown tone, hie personally appeared before me on this diy wd (RTI, 

(iat duly sworn deposes and Says that the statement hereinabove mde 1s mall respects ba, and that the san 
Ea full and detaded siatement of all somes, securities of equivalents for money couing under the sont ae Ge. 

: Swen to ad ltt) before ane the J, of... 1 O chbas Es : Vif 2- ; ae : Laney 
IHMo. da Sta (Ca if Notiey uli 

 ——— ——————— ———————————— a Sa ———— a rr an ———— 

  

    I mm rn a — — 

Title 17§ 400. Lxpense account of candidate must hie made and filed. Any candulate for way ollie elect Ly the vutep ud 
ete then one county, except candibates bor the office of state senate, shall Bile with the secretory of state und every shndadite 

Cor a county otfice und candidates for the state senate and how: ¢ of representatives shall file with the plge of probate of the 

  

county oF founbies i whieh said election 1s held, 0 sworn statement, setiing cul und itemnzing the expenses of his canvass in ah 
cles tion within tees deya alter such election. inl sny condidiate who Gals to 0 Gle sod swear to such atulement within auld 
tune, shall In; ginlty of a ndademennpr, oid, on conviction, mnt be ned not Jess than one bundiod nor meme than one thousuin 
dallury M }



   ow Printing Co. amr) 

EXPUNGE ACCOUNT OF CAND | 2 

(To He Flled Within 1§ Days Alter the Llectton) 

ervnal Ebel no 

MAILING ADDRESS .. | [ 4,1 Rox 321 TR 

MAE . Ethelso: lle AL 3SYC/ 
Pursuant to Title 17," Sections 278, 279 and 400 of the Code of Alabama as amended, defining the Corraga 

Practices Act. | herewith submit a full, correct, detailed and itemized statement of al) expenses made directly 
or indirectly in sums over $3.00 and of all obligations, debts, or Haubilitics assumed or Incurred at the time of flog 
this statement, together with the names of all contributors of amounts In excess of $10.00, with the amounts paven 
by cach, and a list of all gifts, loans or contributions made lu connection with my campaign as a candidate 1 the 

Election held on Tuesday, .. Novem be C- od 18 IR for the office of 

Pickens County Coon MSS wl Disdeiel- L i, Tole 
(Enter Name of Office) ’, 

NAME ein    

CONTHIBUTIONS tie La 
ba 

| : . | ' ) 

© NONE ie 

TOTAL. ~O wu 

EXPENSES INCURRED 

9 /- The Advertiser | J08.50 

or “Pickens County Neva 1d 2720.80 

the (IRAQ -WAQ TT 39.20 
0, OP Printi ney £9. 2S 

3 ueatherSod "Printing 283.50 

Nong Hf Bresery 328, 60 

  

Flled this 2 day of Jb . 10 0R 

roraL [3 09. 9s 

Signature of Candidate . Jey wil C 

STATE OF ALABAMA, COUNTY OF tel Pi 

A lenit 2h oy 

stale, hereby certify tht 

  

      

EET Ne. + ee erent memes we sree wee $0 NOLFY. Public in and for suid consiity. an 2a 
~ 

: od. Tilo h.. isd in ia Ths saps Wn whose sane a, 
naw Wane, he personally sipued to the foregomg stateme appeared before ane on this day and bong 

fiat duly sworn deposes and says that The statement hereinabove made is in all respects ae, and that the sana 
is a full and detailed statement of all monies, securities or equivalents for money coming under the conto bo cae, 
tody of said committee and by it expended directly or indivectly 

% Siw h to waned subscribed before me this bi 4 day of Eh SE BURGE a wa 1 

Nein AIEEE PE : x pe 

oS ae tn. Notary Publi 
 —— ——————————— a ————. a = 

Title 17§ 400. Lxpense account of candidate must hie made and filed. - Any candidate for any Alice elected by the votes of 
tote then one county. hf To camdbicbistes foe the othe of state senate, shall file with the secretary of state, und eves y candulate 
for a county othice and candidates for the state senate and house of representatives shall file with the judge of probate of the 

  

ounty ar counties iv which sad election is held, a sworn’ statement, setting ant and itemizing the expenses of his canvass in such 
clectpun within fifteen daya after such election. iwi) nay candidate who falls to so Gle and swear to such statement within sahil 
type, shall fn guilty of. 4 pisdemepnor, sd, on conviction, must he ned not less then one hundved noe more then one thous 

' 0 “ ! } ' 3 V | LZ ’ ' 
dollars 3 
EEO i, fai ¥ vidi LM SE J bru vy 

 



  

  

  

Elect 

JERRY T. FITCH 
For 

County Commissioner 
CARROLLTON DISTRICT 4 

Subject to the Act of the Democratic Party in 1982 

§) I Want Your Vote and Support 
“ Pd. Pol. Adv. by Jerry 1. Fitch, Ethelsville, Al   

on Elect 

JERRY T. FITCH ~JERRY T. FITCH 
County Commissioner 

CARROLLTON DISTRICT 4 County Commissioner 
iro DISTRICT 4 

v a PRA : Sublet to the Act of the Democratic Party in 1982 

our Vote and Support Will Be Appreciated ® I Want Your Vote and Support 
Subject to the General Election on November 2, 1982 : 

teense srr nine 
Pd. Pol. Adv. by Jerry 1. Fitch, Ethelsville, AL 

  

  
  

  

® caliE3 2 Pd. Pol. Adv. by Jerry T. Fitch, Ethelsville, AL 
  

FOR GOVERNOR—(Vote for One) 

( ) GEORGE McMILLAN 

( ) GEORGEC. WALLACE 

FOR ASSOCIATE JUSTICE OF THE 

SUPREME COURT, PLACE NO. 3 

—(Vote for One) 

(_) OSCAR W. ADAMS 
(__) JIM ZEIGLER 
FOR STATE AUDITOR—(Vote for One) 
(__) JAN COOK 
(__) KAY IVEY 
FOR COMMISSIONER OF 
AGRICULTURE AND INDUSTRIES 
—(Vote for One) 

() ALBERT MCDONALD 
( ) BUBBA TROTMAN 
FOR JUDGE OF PROBATE 
—(VoteforOne) 

(_) BILLY R. (Bill) COOK 
() WILLIAM H. LANG, JR. 
FOR MEMBER PICKENS COUNTY 
COMMISSION, DISTRICT NO. 2 
—(Vote for One) 

() GARVINE BRYANT 

( ) JAMESH. CORDER 

FOR MEMBER PICKENS COUNTY 

COMMISSION, DISTRICT NO. 4 

—(Vote for One) 

O¢) JERRY T.FITCH 
() BOBBY C.WINDLE 

  

        
  

  

  

  

      
  

  

  

  

  

  

  

    
  

  

  

 



   
  

  
  

  

    
  

          
    

  

    

   

  

  
    

  

      

      

      

  

  

  
  

  
  

  
  

      

  
  

  

      

  

    

  

      

  

  

  

  

  

  

  

  

    

  

DISTRICT NO. 2—(Vote for One) 

Elect 2 

JERRY T. FITCH \, Nii 
For * 

County Commissioner ye : i N D El 

CARROLLTON DISTRICT 4 fone A RS ANA 

Your Vote and Support Will Be Appreciated DEMOCRATIC REPUBLICAN 
Subject to the General Election on November 2, 1982 

saab. Pd Pol Adv. by Jerry T. Fitch, Ethelsvilie, AL OO C) 

FOR GOVERNOR-(Vote for One) ( ) GEORGE C. WALLACE { ( ) EMORY FOLMAR 

FOR LIEUTENANT GOVERNOR (Vote for One) ( ) BILL BAXLEY 

FOR UNITED STATES REPRESENTATIVE, 
4th CONGRESSIONAL DISTRICT—(Vote for One) () TOMBEVILL 

FOR ATTORNEY GENERAL — (Vote for One) () CHARLES A. GRADDICK 

FOR STATE SENATOR, DISTRICT NO. 30—(Vote for One) ( ) EDWARD (Big Ed) ROBERTSON 

FOR STATE REPRESENTATIVE, DISTRICT NO. 88 
—(Vote for One) () PHILPOOLE 

FOR STATE REPRESENTATIVE, DISTRICT NO. 89 () EARL MITCHELL () STEVE EMENS 
(Vote for One) 

FOR CHIEF JUSTICE OF THE SUPREME COURT “pan 
— (Vote for One) ( ) C.C."“Bo" TORBERT, JR. 

FOR ASSOCIATE JUSTICE OF THE SUPREME COURT, 
PLACE NO. 1-(Vote for One) () HUGH MADDOX ( ) HARRY LYON 

FOR ASSOCIATE JUSTICE OF THE SUPREME COURT, 
PLACE NO. 2— (Vote for One) ( ) SAM BEATTY 
FOR ASSOCIATE JUSTICE OF THE SUPREME COURT, “Tam N PLACE NO. 3—(Vote for One) ( ) OSCAR W. ADAMS ( ) THOMAS J. “Tom" HAYDE 

FOR COURT OF CIVIL APPEALS JUDGE~—(Vote for One) ( ) ROBERT P. BRADLEY 

FOR COURT OF CRIMINAL APPEALS JUDGE, 
PLACE NO. 1-(Vote for One) (02 JOHN PAUL DeCARLD 
FOR COURT OF CRIMINAL APPEALS JUDGE, 
PLACE NO. 2—(Vote for One) ( ) BILL BOWEN 
FOR COURT OF CRIMINAL APPEALS JUDGE, 
PLACE NO. 3—(Vote for One) () BISHOP BARRON 

FOR SECRETARY OF STATE~—(Vote for One) ( ) DON SIEGELMAN 

FOR STATE TREASURER (Vote for One) () ANNIE LAURIE GUNTER 

FOR STATE AUDITOR (Vote for One) ( ) JAN COOK 

FOR COMMISSIONER OF AGRICULTURE AND INDUSTRIES 
—(Vote for One) ( ) ALBERT McDONALD 

FOR PUBLIC SERVICE COMMISSION, PLACE NO. 1 ( ) LYNN GREER 
—(Vote for One) 

FOR PUBLIC SERVICE COMMISSION, PLACE NO. 2 (Vote tor One) ( ) JIM FOLSOM, JR. 

FOR CIRCUIT COURT JUDGE, 24th JUDICIAL CIRCUIT 
— (Vote for One) ( ) CLATUS K. JUNKIN 

FOR CIRCUIT CLERK, PICKENS COUNTY —(Vote for One) ( ) JAMES E. FLOYD 

FOR JUDGE OF PROBATE (Vote for One) ( ) WILLIAM H. LANG, JR. ( ) DEBORAH CHANDLER ( ) JAMES 

FOR SHERIFF ~(Vote for One) ( ) LOUIE C. COLEMAN 

. FOR MEMBER, PICKENS COUNTY COMMISSION, () GARVIN BRYANT ( ) JOHNN 

  

FOR MEMBER, PICKENS COUNTY COMMISSION, 
DISTRICT NO. 4—(Vote for One) (78 JERRY T. FITCH () WILLIE L. WRIGHT 
  

FOR PICKENS COUNTY BOARD OF EDUCATION MEMBER, 
DISTRICT NO. 1-(Vote for One) 

( ) MARK AUSTELL 
  

FOR PICKENS COUNTY BOARD OF EDUCATION MEMBER, 
DISTRICT NO. 4—(Vote for One)   ( ) JAMES G. (Buddy) NOLAND