Vote Trials Now on in Federal Court News Clipping

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Volume 87, No. 52 
· 22 pages in 2 sections Wednesday, Septernber 12, 1979 Roanoke, Alabama 3627 4 

, Vote trials 
Randolph County ~on trial this week 

in U.S. court In Mont~omery. Two of the 
t11ree cases to be heard before Judge 
RobertS. Varner are from the county, 
and four of the rive days will be used in 
hearing these two cases. 

Monday, Tuesday, and Wednesday 
are given to the trial of Sheriff Charlie 
Will Thompson and five others who 
helped him get elected for the filth 
time, all charged with voting violations 
In the Sept. 5 and Sept. 26 Democratic 
primaries last fall. Friday Judge 

' Varner will hear' the trial of two Heard 
Co., Ga., youth accused of robbing the 
Woodland Branch of the Bank or 
Wedowee. 

Sandwiched in between, on Thursday, 
is a trial concerning music Infringe­
ment rights, not related to Randolph 
County. But even on that day Randolph 
will be much In evlaence In 
Montgomery, joining all other counties, 
Gov. Fob James, and Highway Director 

Rex Rainer in promoting U.S. 431. 
Monday morning was spent striking a 

jury, and the afternoon on hearing the 
first witnesses for the prosecution. The 
testimony continued most of .rucsday, 
with scores of county officials, voting 
clerks and Inspectors, and citizens 
admitting either to buying .or selling 
votes taking the stand. 

The defense was to follow with Its 
witnesses. The case .is expected to go to 
the jury Wednesday afternoon. 

In addressing the jury Judge Varner 
told those swnmoned that the 12 
selected would probably be living 
rather closely for the next two or three 
days, that they would hear an unusual 
matter, and that some might be a little 
shocked by it. 

Perhaps the most damaging testi· 
mony was given Tuesday morning by 
Robert L. Brown Jr. of Rt. 2 Wedowee, 
one of those accused of working with 
the Thompson reelection group, but 

now 
CI-IARGES DISMISSED 

Tuesday afternoon Judge; 
Robert Varner dismissed voting :' 
violation charges agi!lnst Wii-

· Jiam [Bill] Richardson and M. l . 
[Slim] Johnson, who were 
standing trial in federa·l court In 
Montgomery for allegedly work­
Ing IUegally for the reelection of 
Randolph County Sheriff Charlie 
Will Thompson. 
· Judge Varner gave no reason 
for dismissing the charges. 
· Sflll on trial are Thompson, his 
deputy · Curtis MorrOYf, Roy 
Dav.enport, and Louis McCain. 

who last week pled guilty. Earlier 
witnesses used the name· of Brown 
more than any other in telling of the 
buying and selling of votes . • 

federal . court 
Ar<:ording .to Br0"-11, he and Louis pled guilty and testified. 

McCain, anotl!er of the accused, went to Major Wilson, charged with working 
ThiJlpson several times on Sept. 26, the for Elliott's election, suffered apparent 
d:l)·o£ the runoff election. One time, he heart trouble on his way to 
~.Thompson gave them $400 each to ·Montgomery several week.'J ago for his 

· ti.Y votes; another time he gav.e them arraignment, and has been in Randolph *" each, and a ~hlrd time he gave . · County Hospital and the West Georgia 
t~m $100 each. Brown, working in Medical Center, LaGrange. 
f.nt of the courthouse, said he usually · Reindicted last week, he apparently 
'*d $10 for a bought vote. · Brown had another attack and is now back in 
~tted .to using whiskey also In Randolph County Hospital. He was to 
~lng vqfes. . . · . · · · · have been sentenced this Friday by 
J'hompson last . year ran against Judge Varner. 

Gtrald Verry and the late Bill Elliott in In charge of the prosecution arc u.s. 
lit first primary, Sept. 5. Elliott was Attorney Barry Teague and his assist­
lieh, then Thompson, and. then Perry. ant, Kent Brunson. With them is FBI 
!lithe runoff Thompson was the winner. Agent Jim Neal, In charge of the inves­
Afew days later Elliott was killed by a ligation in Randolph County. 
iiOtgtm blast in his home while he was Defense attorneys are Tom Radney 
~paring for a hunt. of Alexander City and Lewis Hamner of 
,i:Ac.ctlsed with . Thompson are his Roanoke. 
deputy Curtis Morrow, McCain, Roy · The original jury, chOsen at random, 
D&venport, M. L. Johnson, and Bill consisted of five white men, five white 
Richardson. A sevent~l, Ruby Andrews, women, and two black women. Judge 

···:,. 

Varner set one aside, Teague strucl~ 
three, and the defense stntck fh·e. Only 
three of the ·original 12 remained. 
Filling the jury box and the subsequent 
striking went on until both s ides were 
satisfied. the final jury being three 
white men and one black, and three 
white women and five black. Two white 
women wef'e ::pprovcd a~ alternates. 

Teague, In hfs opcnJng remarks. ssid 
the U.S . .,.,·ould show that Junior Bt own 
and Louis' McCnin worked Ill egally in 
the Wedowee are<i, and that Roy 
Davenport and Slim Johnson carried on 
sim..llar activities in the northern part of 
the county, urmmd the Cedron poi li11g 
place. A third area was the casting of 
illegal absentee bal lots . 

Radney admitted that Thompson dirt 
give money to Brown- $!:i00 he thought 
-but thnt this was to be used fer lcgiti· 
mate expenses - transportation ;md 
the like. He also admitted that whiskey 
had been used, but for a party. 

Judge Varner then told the jury that 
Randolph County's being rlry or wet 

, had nothing to do witil the case and was 
: not to be considered in the deiiberatlon. 
l The first witness called by T~ague 
j was the custodian of records [or the 

' 

State Democratic Executiye Conunit­
tt!e, from Binnlngham, who simply 
made It a matter of record that U.S. 

· senators were on the ballot In the 
Democrntlc ptimarit~, giving the U.S. 
U1e right to investigate and prosecute. 

i Other witnesses: 
J STELL BENEFIELD - Probate 
I judge, Randolph County, who certified 
j the election results. Benefield recalled 
l that on Sept. 26th he was shown an 
i affidavit signed in one of the courtho.)l.Se 
l boxes where someone, requesting 

·~__,...· .,...., -'"'""""'" ~~---------·-···-----

i~;B:Ssi..ctance in voting, had written as~.---·--.. --· .... 
1: .~ . ..:r1 '\m!iH£~ig1:etv,~'Shl\:i-\ ~e. · 
··'Iienefield said he had dlllcussed the 
· matter with District Deputy Attorney 

Sandy Holliday. 
SANDY HOLLIDAY - Deputy 

District Attorney. Turned over afuda-
. vit to District Attorney Tom Y.ow1g. 
Radney showed what Hollida~ identi­
fied as an office check for $25 he had 
written for the reelection of Thompson. 
He said Thompson returned it ~o him 

~ltttfl .. ·an,..-•oc'*'&•M..._.~~~:; .. ,,... --s ·;. 

. · cornment~"'"I ·don't need your money." · 
BILL BR.'\SWELL - Operator of 

· Braswell Fanns, producer of comr;;e.r-· 
cial eggs. Votes in the Corinth box. ~d 

,, he had talked with Thompson tx-fore 
Sept. 25. Thompson, he said, had told 
him he was hurting and wanted his 
support, and had come to his house on 
several occasions. Once he had met 
Thompson at Joel Foster's Store, and 
they had walked across the road to ta~ . 
Braswell salti the farm was on a dirt 
road so i>ad trucks had got ~tuck 
seve~al times during . ~he WLr_tter. 
Thom•son told him, he satd, that if he 

, got•ne road fixed he would have to go 
t!lrough him. He then said Thompson 

. had given him .a white envelope 
'·corttaining five $100 bills and had told 
·him to take it and help get the colored 
votes in the Cedron box. Braswell 
testified he returned the envelope, but 
that Thompson had then given it ba ck to 
him to turn over to Ellis Ware, who 
worked for the farm. Braswell's reply 
was for Thompson to give it to Ware 
himself. The sheriff r eplied, he said,­
that Braswell would never get his road 
fixed. 

Radney pointed out that Braswell had 
run for sheriff inl974, getting 744 votes, 

·and tried to get Braswell to admit he 
had actively worked against Thompson 
ever since. Braswell denied this, and 
also Radney's question if he had called 
Thompson and asked for $300 to buy 
beer. 

EI.J.JS WARE - Rt. 1 Newell, in the 
Oak Grove community . Now unemploy· 
ed. Had talked with Thompson at the 
chicken house, but was not sure what 
was said and when. Said Thompson had 
given him five $100 bills in a white 
envelope and asked him to pass it 
around the community, paying $5 and 
$10 for votes. Thi~ happened between 
Sept. 5 and 25. 

Radney produced copies of arrest 
records from Buffalo, N. Y., showing 
Ware had been convicted of burglary 
and petit larceny. Ware could not 
remember. He gJJjd h~ Wil§ goin~ t9 
school and had struck a principal. He 
said he had been arrested for armed 

-. ·.·, robbery but the decision had been 
rev~Tsmt"i\nmnlt"~ \o t;fu1g !.~r 'Cue · - • • ...... · 
Cedron box the 26th, about 100 to 150 
yards away, "just lookir.g." 

Judge Varner said the arrest records 
were not properly certified, but he 
would allow Radney to use them if he 
could get valid ones in time. 

LINNIE K. PRINCE (Mrs. Tommy 
Joe) - Napoleon. On the evening of 
Sept. 25 last year, she said, Thompson 
had knocked on the door of her house, 
asking for Tommy. Learning he was not 
home, Thompson, Mrs. Prince said, 
then said he wanted to leave something 
for him. He asked her to turn of( the 
porch light, a nd left something in the 
cooler, she said. 

Her brother-in-law Billy Prince came 
after Thompson had left, and she was 
telling him what had hap~~~f"<\ when 

[Continued ~-~v• l.A 1 ---- -- ·- ~---- - _____ ..... 

Vote trials in federal court 
[Continued from ~ge l] 

Tommy came home. They found about 
eigbt half pints of whiskey in the cooler. 
They used some of it for a family party 
the following weekend and may have 
given some of it awayj she said. 

TOMMY JOE PRINCE ...... Thompson 
luld l'tlm l> t_t> -tN> fnrnilv •+.......,. A •• ..;,..,. tl.h 

RUB\' ANDREWS - (Mrs. Gene) -
Wedowee. Originally charged In 
conspiracy but ple\1 guilty. Bad talked 
with Mccain &efore voting. He gave ller 
$10, she said, to vote for Thompson and 
had given her husband $10 to do the 
same. She said she also saw Junior 
Brown giving monev. Said sM luld W rl 



--~~-- . 

'"':lfil:ilt;..~. t' J ~ • .............. .,-:~. ,,_ .,,. 
comment, ' 'I ·don't need your money." 

BILL BRASWELL - Operator of 
Braswell Farms, pr oducer of commcr-· 
cial eggs. Votes in the Corinth box. Said 

' he had talked with Thompson before 
Sept. 25. Thompson, he said, had told 
him he was hurting and wanted his 
support. and had come to his house on 
several occasions. Once he had m et 
Thompson at JQel Foster's Store, and 
they nad walked Across the road to talk. 
BrasweU salo the fam1 was on a dirt 
road so wd trucks had got stuck 
seve~al times during the winter. 
Tho!Tl•son told him, he said, that if he 

. got•ne road fixed he would have to go 
Jflrough him. He then said Thompson 
had. given him .a white envelope 

'COI'ltaining five $100 bills and had told 
him to take it and help get the colored 
votes in Jthe Cedron box. Braswell 
testified he returned the envelope, but 
that Thompson had then given it back to 
him to turn over to Ellis Ware, who 
worked for the farm. Braswell's reply 
was for Thompson to give it to Ware 
hi..msell. The sheriff replied, he said, 
that Braswell would never get his road 
fixed. 

Radney pointed out that Braswell had 
run for sheriff in 1974, getting 744 votes , 
and tried to get Braswell to admit he 
had actively worked against Thompson 
ever since. Braswell denied this, and 
also Radney's question ii he had called 
Thompson and asked for $300 to buy 
beer. 

EI.l.JS WARE- Rt. 1 Newell, in the 
Oak Grove community. Now unemploy­
ed. Had talked with Thompson at the 
chicken house, but was not sure what 
was said and when. Said Thompson had 
given hi..m five $100 bills in a white 
envelope and asked hi..m to pass it 
around the community, paying $5 and 
$10 for votes. Thi~ happened between 
Sept. 5 and 26. 

Radney produced copies of arrest 
records from Buffalo, N.Y. , showing 
Ware had been convicted of burglary 
and petit larceny. Ware could not 
rem~moor. He gaid h~ wa§ go!n~ 19 
school and had struck a principal. He 
said he had been arrested for armed 

.. 

·: robbery but the decision had been 
-nv~:-1\n-mnit"~to "fi<img1·~~ n~ · · --- -··-·-· · 
Cedron box the 26th, about 100 to 150 
yards away, "just lookir.g." 

Judge Varner said the arrest records 
were not properly certified, but he 
would allow Radney to use them if he 
could get valid ones in time. 

Ul\TNIE K. PRINCE (Mrs. Tommy 
Joe) - Napoleon. On the evening of 
Sept. 25 last year, she said, Thompson 
had knocked on the door of her house, 
asking for Tommy. Learning he was not 
home, Thompson, Mrs. Prince said, 
then said he wanted to leave something 
for him. He asked her to turn off the 
porch light, and left something in the 
cooler, she said. 

Her brother-in-law Billy Prince came 
after Thompson had left, and she was 
tP.!ling him what had hap~,gp..~ct }''hen 

· [Continued 1li,~~lt lA ] 
·.· 

Vote trials in federal court 
[Continued from page 1] 

Tommy came home. They found about 
eight half pints of whiskey in the cooler. 
They used some of it for a family party 
the following weekend and may have 
given some of it away; she said. 

TOMMY JOE PRINCE - Thompson 
had come to the family store during the 
campaign and they had had general 
talk. Thompson had spoken of his 
retirement, which he could earn with 
another term in office. He gave no 
answer when Thompson asked if he 
would support him . . He said he had 
found several half-pints of whiskey in 
the ice chest on the porch when he 
returned home the night of the 25th. 

In answer to a question by Hamner, 
Prince said he didn't know when he 
went to the poll how he would vote. 

BARBARA COLLEY- Wedowee. On 
Sept. 26 she was 1st assistant clerk at 
Box 2, Beat 6. She saw JWlior Brown 
many times bringing in other people to 
vote, and at least four or five ti-nes he 
assisted tbem in voting. She also saw 
Louis McCain assist someone vote. She 
had kept a list of the ones Brown voted 
but bad daiavyed it.. 

AlFRED PENNINGTON - Mjdway 
community. Sept. 26 was inspector of 
Box 3B in Wedowee city balL The 
second time Brown attempted to assist 
someone in voting, Pennington told him 
he couldn't, that there were four poll 
work~ there for that purpose. 
Penrungtoo helped the petson vote 
pulling the lever for Thompson. Th~ 
person voted for . no one else. Brown 
returned with word from Judge 
Be~efield, saying the voter needing 
assiStance could use whomever he 
wished, according to law. After that 
Pennington said, he allowed Brown ~ 
assist. He said he saw Brown between 
15 and 20 times d~ the day. 

MATI1E ·HULL - Wedowee. Said 
she voted in the courthouse and was 
related to Louis McCain McCain 
denied the relation. Told by the judge to 
approach the witness chair. When he 
was .close. enough for :Mrs. Hull to 
~!ifY him she said, "That's my 
'fJ Ur;'~e courthouse she said 

!.~:S~P dtn uo.q~~ould give her 
1\f 'Odn "JG s~.PSOD. She 

"""'- - • '-'&i'J~ for ,,.. , 

RUBY ANDREWS- (Mrs. Gene) ­
Wedowee. Originally charged in 
conspiracy but pled guilty. Had talked 
with McCain oofore voting. He gave her 
$10, she said, to vote for Thompson and 
had given her husband $10 to do the 
same. She said she also saw J unior 
Brown giving money. Said she had told 
a friend, Sarah Mae Boling, where she 
could get money for voting, and had 
then told Brown that "Sarah's OK." 
Brown had given Sarah $10 she said 
and also paid her for every voter sh~ 
brought in. 

SARAH MAE BOLING - Wedowee. 
Said a man had started ·in the booth 
with her, but she had said, "I don't need 
no help." Didn't recall talking with 
anyone or taking money. When Teague 
read a report of her testimonv-given 
befo~ the ~and jury, in whlch she 
admitted taking money, she could not 
reme~ber. When Judge Varner sent 
the Jury out, she admitted Ruby 
Andrews had given her $5, but said she 
had been promised $10. She was going 
to v~te for Thompson anyway. When 
the Jury returned, she agai...'l said she 
could not remember. 

Judge Varner said the witness was 
not worthy of belief and dlsm.issed he 
placing her .in custody of the u~: 
marshal, to be held for perjury. 

After th~ ~urt adjOwned for the day, 
Mrs. Boling s husband Willie spoke 
with tbe judge, telling him his wife 
suffered from asthma and was 00 

. medication. He thought the medicine 
affected her testimony. 
~udge Varner told Boling to take his 

wife home and get from the doctor a 
state~ent as to what medicine he had 
prescnbed and his opinion aS to what 
effect it might have on her mind. 

EDITII ANDREWS JOHNSON -
When she told Brown in front of 
courthouse she had not voted he told 
h~r. she said, to "Come on an'd rll go 
With you." Inside the box she said 
Brown had pulled one 'lever fo; 
Thompson, and"had given her $10. She 
pulle? the levers for the other 
candidates. 

She was the last' witness heard 
Monday. On Tuesday the prosecution 
brought out 17 witnesses, ending late in 
the afternoon. The defense had two 
character witnesses for Thompson. 


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