18
IN THE CIRCUIT COURT OF SHELBY COUNTY,
TENNESSEE FOR THE THIRTIETH JUDICIAL
DISTRICT AT MEMPHIS
_______________________________________________
CORETTA SCOTT KING, et al,
Plaintiffs,
Vs. Case No. 97242
LOYD JOWERS, et al,
Defendants.
_______________________________________________
PROCEEDINGS
November 16th, 1999
VOLUME II
_______________________________________________
Before the Honorable James E. Swearengen,
Division 4, judge presiding.
_______________________________________________
DANIEL, DILLINGER, DOMINSKI,
RICHBERGER, WEATHERFORD
COURT REPORTERS
Suite 2200, One Commerce Square
Memphis, Tennessee 38103
(901) 529-1999
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
19
- APPEARANCES -
For the Plaintiff: DR. WILLIAM PEPPER
Attorney at Law
New York City, New York
For the Defendant:
MR. LEWIS GARRISON
Attorney at Law
Memphis, Tennessee
Court Reported by:
MR. BRIAN F. DOMINSKI
Certificate of Merit
Registered Professional
Reporter
Daniel, Dillinger,
Dominski, Richberger &
Weatherford
22nd Floor
One Commerce Square
Memphis, Tennessee 38103
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
20
- INDEX -
WITNESS: PAGE/LINE NUMBER
CORETTA KING
DIRECT EXAMINATION
BY MR. PEPPER:........................ 53 22
CROSS-EXAMINATION
BY MR. GARRISON:...................... 70 15
COBEY SMITH
DIRECT EXAMINATION
BY MR. PEPPER:........................ 75 10
CROSS-EXAMINATION
BY MR. GARRISON:...................... 96 16
REDIRECT EXAMINATION
BY MR. PEPPER:........................ 101 4
CHARLES CABBAGE
DIRECT EXAMINATION
BY MR. PEPPER:........................ 102 10
CROSS-EXAMINATION
BY MR. GARRISON:..................... 121 7
REDIRECT EXAMINATION
BY MR. PEPPER:....................... 127 18
JOHN McFERREN
DIRECT EXAMINATION
BY MR. PEPPER:....................... 132 5
CROSS-EXAMINATION
BY MR. GARRISON:..................... 155 10
REDIRECT EXAMINATION
BY MR. PEPPER:....................... 159 9
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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NATHAN WHITLOCK
DIRECT EXAMINATION
BY MR. PEPPER:....................... 160 9
CROSS-EXAMINATION
BY MR. GARRISON:..................... 184 4
THOMAS SMITH
DIRECT EXAMINATION
BY MR. PEPPER:....................... 185 14
CHARLES HURLEY
DIRECT EXAMINATION
BY MR. PEPPER:....................... 192 15
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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PROCEEDINGS
(November 16th, 1999, 10:15 a.m.)
MR. PERA: Your Honor, good
morning. I have a couple preliminary matters
related to the matter you have on trial.
May I address the Court this
morning?
THE COURT: Let me get my orders
first.
MR. PERA: Okay. I thought
that was done, Your Honor. That's why I
approached.
THE COURT: Any additional
orders?
Okay. Go ahead, Mr. Pera.
MR. PERA: As you know, I'm
Lucian Pera. I represent the Commercial
Appeal. First, your Honor, I have an order
on yesterday's proceedings as to our motion
for access -- I have served this on counsel
for the parties -- that both grants -- both
denies my motion for access, grants our
status as an intervenor for our limited
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purpose and grants the Rule 9 motion that you
orally granted yesterday.
THE COURT: All right.
MR. PERA: Does that meet with
your approval, your Honor?
There are two other matters, your
Honor, I want to present. One is a motion we
filed this morning.
As I understand it, although, of
course, I wasn't here and my client wasn't in
the courtroom, voir dire has been completed.
We have moved -- filed a motion with
the Court, I'm not sure if the Court has
received it yet, for access -- immediate
access as soon as practicable to the
transcript of voir dire proceedings. We have
filed a motion and would ask the Court to
grant us immediate access to the transcript
of the voir dire proceedings held in this
case.
THE COURT: Denied.
MR. PERA: Denied?
THE COURT: Uh-huh.
MR. PERA: May I, Your Honor --
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I'll obviously give a moment to counsel. I'm
anticipating one of two possible results.
I've actually prepared an order. Since I
know my client may be interested in an
appeal, I will share this with Mr. Pepper and
Mr. Garrison.
There is one other matter, Your
Honor. That is my partner Ms. Leizure is in
a better position to address it than I. We
know the Court has granted access to the
trial to the broadcast media, but under Rule
30 we would also, as the Court knows, do use
still photographers and would request and
have filed a motion yesterday afternoon by
access by one of our still photographers to
the courtroom.
If the Court needs to hear that
addressed from a legal point of view under
Rule 30, my partner, Ms. Leizure, can address
that.
THE COURT: As for still
photography, I'll have to refer to the rule,
which does allow it, but it is limited.
MS. LEIZURE: Your Honor, I
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believe the provisions are that you can limit
it to two still photographers.
THE COURT: Who are you?
MS. LEIZURE: I'm sorry, Your
Honor. I'm Kathy Leizure. I'm Mr. Pera's
partner. I represent the Commercial Appeal.
THE COURT: Kathy who?
MS. LEIZURE: I'm Kathy
Leizure. I believe the provision is, your
Honor, you can limit it to two still
photographers who are using no more than two
cameras each.
THE COURT: I intend to abide by
the rule.
MS. LEIZURE: Okay, Your Honor.
THE COURT: It says if there are
more than two, if we're going to have still
photography in the courtroom, you'll have to
work it out among yourselves. If they can't
work it out among themselves, then I'm going
to disallow all of it.
MS. LEIZURE: I understand, Your
Honor. There is a provision in here for
pooling arrangements, which I would be happy
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to try to work out if I know, you know, what
other media have been granted access pursuant
to this rule for still photography purposes.
THE COURT: I intend to abide by
the rules. It is for that same reason that I
disallowed the presence of media during the
jury selection.
All right. Assuming that there are
no others who want to have still
photographers in the room, I'll allow yours,
but if it comes to a point where there are
more than the rule allows, if you can work it
out among yourselves, I'll do that. If not,
as I said, I'm going to disallow all of them,
because I'm not going to become involved in a
dispute over who can and who cannot.
MS. LEISURE: I understand, Your
Honor. I understand. So I will advise my
client that they can bring the still
photographer in within the provisions, the
criteria and guidelines of the rules.
THE COURT: The other thing is
that I have instructed all of them that they
are not to photograph my jury.
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MS. LEIZURE: That's right.
That's certainly a provision that is in the
rule. That's understood.
THE COURT: Yes.
MR. PEPPER: May I be heard,
Your Honor?
MR. PERA: I've provided this
order --
THE COURT: Just a moment. Go
ahead, Mr. Pepper.
MR. PEPPER: Thank you, Your
Honor. Your Honor, the family has its own
still photographer who would like to be
present in the courtroom and will abide by
all of the rules. It is Mr. Benedict
Fernandez, who for nearly forty years has
followed the history of Dr. King's work and
these proceedings.
THE COURT: All right. Those
two, then.
MR. PEPPER: Thank you, Your
Honor.
MR. PERA: Mr. Pepper, is this
order okay.
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MR. PEPPER: Yes.
MR. PERA: Your Honor, if I
could pass the order for immediate access to
is the transcript. Mr. Garrison and
Mr. Pepper have approved that order, although
I haven't actually signed that original.
Thank you, your Honor. I appreciate
you hearing us.
THE COURT: Yes. Mr. Garrison,
are you ready?
MR. GARRISON: Yes, Your Honor.
THE COURT: Mr. Pepper?
MR. PEPPER: Yes.
THE COURT: Bring the jury out,
Mr. Sheriff.
(Jury in.)
THE COURT: Good morning, ladies
and gentlemen. Glad to see that everybody
made it this morning. Yesterday I
inadvertently omitted one of the Court
personnel. I should have introduced him. I
have to constantly remind him that I'm
elected by the residents of Shelby County and
that he is not my boss. It is my court
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clerk, Mr. Brian Bailey over here. I think I
introduced everybody else.
Before we begin the trial, I'm going
to give you some preliminary facts that you
can refer to during the course of this
trial. Before the trial begins, I'm going to
give you some instructions to help you
understand how the case will proceed, what
your duties many be, and how you should
conduct yourselves during the trial.
When I have completed these
instructions, the attorneys will make their
opening statements. These statements will be
brief outlines of what the attorneys expect
to be evidence.
After the opening statements, you
will hear the evidence. The evidence
generally consists of the numbered exhibits
and testimony of witnesses. The plaintiffs
will present evidence first. The defendant
will then be given the opportunity to present
evidence.
Normally the plaintiff presents all
of the plaintiff's evidence before the other
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parties present any evidence. Exceptions are
sometimes made out of this usually to
accommodate a witness.
The witnesses will testify in
response to questions from the attorneys.
Witnesses are first asked questions by the
party who calls the witness to testify, and
then other parties are permitted to
cross-examine the witness.
Although evidence is preserved my
asking questions, the questions themselves
are not evidence. Any insinuation contained
in a question is not evidence. You should
consider a question only as it gives meaning
to the witness' answer.
Evidence may be presented by
deposition. A deposition is testimony taken
under oath before the trial and preserved in
writing or sometimes it will be videotaped.
During the trial objections may be
made to the evidence or trial procedures. I
may sustain objections to questions asked
without permitting the witness to answer or I
may instruct you to disregard an answer that
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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has been given.
In deciding this case you may not
draw an inference from an unanswered
question, and you may not consider testimony
that you are instructed to disregard.
Any arguments about objection or
motions are usually required to be made by
the attorneys out of the hearing of the
jury. Information may be excluded because it
is not legally admissible. Excluded
information cannot be considered in reaching
your decision.
A ruling that is made on an
objection or motion will be based solely upon
the law. You must not infer from a ruling
that I hold any view or opinion for or
against any parties to this lawsuit.
When all of the evidence has been
presented to you, the attorneys will make
their closing arguments. The attorneys will
point out to you what they contend the
evidence has shown, what inferences you
should draw from the evidence and what
conclusions you should reach as your
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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verdict.
The plaintiff will make the first
argument and will be followed by the
defendant. Plaintiff will then respond to
the defendant's arguments. Unless you are
otherwise instructed, statements made by the
attorneys are not evidence. Those statements
are made only to help you understand the
evidence and apply the law to the evidence.
You should ignore any statement that is not
supported by the evidence.
After the arguments are made, I will
instruct you on the rulings of law that apply
to the case. It is your function as jurors
to determine what facts -- what the facts are
and apply the rules of law that I have given
you to the facts that you have found.
You will determine the facts from
all of the evidence. You are the sole and
exclusive judges of the facts. On the other
hand, you are required to accept the rules of
law that I give you, whether you agree with
them or not.
As the sole judge of the facts, you
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must determine which of the witness'
testimony you accept, what weight you attach
to it and what inferences you will draw from
it. The law does not, however, require you
to accept all of the evidence in deciding
what evidence you will accept.
You must make your own evaluation of
the testimony given by each of the witnesses
and determine the weight you will give to
that testimony. You must decide which
witnesses you believe and how important you
think their testimony is. You are not
required to accept or reject everything a
witness says. You are free to believe all,
none or part of any person's testimony.
In deciding which testimony you
believe, you should rely on your own common
sense and every-day experiences. There is no
fixed set of rules to use in deciding whether
you believe a witness, but it may help you to
think of the following questions: Was the
witness able to see, hear or be aware of the
things about which the witness testifies?
How well was the witness able to recall and
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describe those things? How long was the
witness watching or listening? Was the
witness distracted in any way? Did the
witness have a good memory?
How did the witness look and act
while testifying? Was the witness making an
honest effort to tell the truth or did the
witness evade questions? Did the witness
have an interest in the outcome of the case?
Did the witness have any motive,
bias or prejudice that would influence the
witness' testimony? How reasonable was the
witness' testimony when you consider all of
the evidence in the case?
There are certain rules that would
apply concerning your conduct during the
trial and during recesses that you should
keep in mind. First, do not conduct your own
investigation into the case, although you may
be tempted do so.
For example, do not visit the scene
of an incident, read any books or articles
concerning any issue in the case or consult
any other source of information. If you were
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to do that, you would be getting information
that is not evidence. You must decide the
case only on the evidence and law presented
to you during the trial.
Any juror who receives any
information about the case other than that
presented at the trial must notify the Court
immediately. Do not discuss the case either
among yourselves or with anyone else during
the trial.
You must keep an open mind until you
have heard all the evidence, the attorneys'
closing arguments and my final instructions
concerning the law. Any discussion before
the conclusion of the case would be premature
and improper.
Do not permit any other person to
discuss the case in your presence. If anyone
does attempt to do so, report that fact to
the Court immediately without discussing the
incident with any of the other jurors. Do
not speak to any of the attorneys, parties or
witnesses in the case even for the limited
purpose of saying good morning. They are
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also instructed not to talk to you. In no
other way can all of the parties feel assured
of your absolute impartiality.
All right. There are a couple of
additional comments I would like to make. I
know that when you are over in the big room,
the jury commissioner probably tells you
don't ever leave anything lying around. I
just want you to know that we have not had
any unhappy experiences, that your personal
affects are considered to be safe in the jury
room.
So if you have sweaters or coats or
lunches or whatever else, then you can feel
pretty safe leaving them back there while you
are here or while you are gone to lunch.
Also, if we need to take a comfort
break, let us know and we'll be glad to
accommodate you. We want to make this a
pleasant experience for everyone.
We would ask you to be on time
whenever we are supposed to congregate. We'd
hate to have to be waiting on someone who is
disrespectful of the others and for some
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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reason couldn't make it on time.
Finally, I know that sometimes,
usually after lunch, but any time of day you
can become weary and just can't keep your
eyes open. So I am going to designate each
of you and authorize you to nudge your
neighbor if you catch them dozing on us.
All right. As I promised, the
attorneys will give their opening statements,
that is, they will tell you what they expect
the proof to be in this case. After they
have done that, we will begin to hear the
proof.
As I told you, this is a case on
conspiracy. Conspiracy I guess in general
terms would mean carrying out a design or
plan where two or more have agreed to commit
an act to do injury or damage. And the
planning, of course, is not enough. They
have to, in addition to the planning, do an
act pursuant to that plan in order to be a
co-conspirator.
All right. The plaintiff will
begin. Then after the defendant has given
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their opening statement, we will start to
hear the proof in the case.
Mr. Pepper.
MR. PEPPER: Thank you, Your
Honor.
Good morning, ladies and gentlemen
of the jury. On the 3rd of April, 1968,
loving husband, father of four young children
kissed his family goodbye and left for
Memphis, Tennessee. He would never return.
They would never see him alive again.
On the 4th of April, 1968,
approximately one minute past six in the
evening as he stood on a balcony overlooking
a parking area of the Lorraine Motel, he was
felled by a single bullet, never regained
consciousness and died shortly thereafter.
That, ladies and gentlemen, is the
beginning of this story. The plaintiff in
this case, the victim, was a husband and a
father, but he also was a prophetic figure in
American history. He had been a civil rights
leader as a young man after school and in his
early pastor's years, but he moved beyond
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that calling, beyond that calling on behalf
of the poor in the southern part of this
country, in this area of this country, to
become an international figure concerned with
the plight of poor people, economic injustice
and with the issues of peace and war.
So as he grew in his leadership and
his calling, he was awarded the Nobel Peace
Prize. With that award he became truly an
international figure, not a regional pastor
fighting for justice on behalf of his
people. He then turned his attention to the
plight of poor people and the effect of war.
He came out strongly during the last
year of his life to oppose the war in Vietnam
because he saw it destroying an ancient
culture and civilization that had so much in
common with the plight of black people and
the poor everywhere in the world. So he
opposed that war.
He also turned his attention to the
plight of poor people, the growing numbers of
poor in the United States, and had put
together a poor people's campaign that was to
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descend on Washington D.C. in the spring of
1968, the very spring in which he was
assassinated. That March an encampment did
come off but without its leader. As such, it
is history now that it did not have the
impact that it might have had on the Congress
of the United States. The victim was, of
course, Dr. Martin Luther King, Jr..
The defendant in this case, Mr. Loyd
Jowers, who owned Jim's Grill, which was at
the ground floor of a rooming house on South
Main Street in Memphis at the time. It no
longer exists, but the building is still
there. Your Honor has quite correctly
advised you not to go near the scene of this
crime because it has changed so much over the
years. It would only be very confusing for
you. That is the reason for that
instruction.
At that time and now that building
backed onto an area, like a vacant lot area
or a backyard. That backyard was covered
with brush and bushes, and beyond it was the
Lorraine Motel and the balcony on which
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Martin Luther King stood when he was
assassinated. The defendant managed and
owned that grill, and the plaintiffs will
attempt to prove that the wrongful acts and
conduct of this defendant led to the death of
Martin Luther King from behind his very
premises, from the bushes, the brush in that
area.
Now, by way of disclosure to you,
counsel for both parties have agreed not to
conduct any interviews with the media, not to
talk to the press at all, during the course
of this trial. The Court has so instructed
you with respect to that.
We think that is a most important
instruction, and, in addition, plaintiffs
would hope that you would think carefully
about the issues of this case and the facts
that are presented and the evidence that
comes before you and not considering what is
on television or radio or in the newspapers
regarding this case.
We would ask you please consider
staying away from any coverage of that sort
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and make your decision solely on what you
hear in this courtroom. It is most
important.
Also by way of disclosure I have the
obligation to tell you that I was a friend
and a colleague of the victim in this case
during only the last year of his life. Years
later I began to look into the facts of this
case and ultimately became convinced that the
man accused of the crime was not guilty and
undertook to represent him and was his lawyer
for the last ten years of his life.
He died in prison, never having a
trial on the evidence in the case. And the
plaintiff family decided that this man also
was innocent of the crime and decided to come
out and support a trial for him a few years
before he died.
Now, the Court has properly
instructed you with respect to the nature of
the evidence. There will be mostly live
witnesses, but there will also be some
deposition evidence that you will hear, some
affidavits, some public statements, and the
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Court will advise you as to the range of
voracity you should put on any evidence that
is admitted in this Court. But it will not
all be live testimony, although indeed most
of it will.
With respect to the plaintiff's
proof, it is -- the case will be divided into
a variety of sections. It is important to us
that you consider those sections in the order
as it appears. There will be a general
introductory background area of the case that
will familiarize yourself with what led up to
this wrongful death so that will be hopefully
as clear to you as can be.
There will then be evidence laid
before you that will indicate that in fact
the fatal bullet was fired from the brush
area behind the rooming house, from a row of
bushes that were very tall and thick where a
sniper lay in wait and fired the shot. So
that section will deal with the bushes.
There will be a section of proof
that will deal with the rifle that is in
evidence that is alleged to have caused the
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death of Dr. King. And the proof that the
plaintiffs will put forward will demonstrate
to you that in fact the rifle in evidence is
not the murder weapon and that the murder
weapon was disposed of in another way.
Plaintiffs will advance proof that
there were a number of other people
involved. As Your Honor has correctly told
you, of course a conspiracy involves more
than one. Whilst this case is focusing in a
civil court on Mr. Jowers as the defendant,
there were other people involved. And some
of those individuals will be developed in
evidence.
In particular one individual will be
developed in evidence who was critical to the
coordination of a lot of these activities and
who is beyond the reach of this Court,
although will be invited, has been invited,
and will be invited to attend, but was a part
of this conspiracy, this collaboration with
Mr. Jowers.
Now, defendants have in their
answer, their amended answer, indicated that
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if liability results, and counsel has
mentioned that yesterday, if liability
results, attaches to his client, that it
should also attach to other agencies and
individuals.
Because that door is open,
plaintiffs will advance evidence of the
extent and the scope of this conspiracy so
that you understand the umbrella under which
the defendant was operating, so it is clear
to you the kind of total picture in which he
found himself as he carried out his wrongful
acts which led to this death.
One indication of this conspiracy,
why we are here thirty-one years later in
this courtroom in Memphis, Tennessee, is the
suppression of the truth, the cover-up that
has lasted for so long and the effects of
that cover-up in terms of people learning the
truth and courts, such as this Court, being
able to entertain proceedings designed to
unearth that truth.
This cover-up itself and that
section of the case would show you
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indications of the wrong and will relate
directly to the wrong itself that we are
proving here and alleging here.
Now, because these witnesses will
come from various parts of the country and
various parts of the world, I must say, we've
had to adjust to various schedules of
people. So to some extent the evidence you
hear up there may be disjointed. But what I
ask you to consider is that each of the
witnesses who testify with respect to facts
will be putting forward to you a particular
piece of this puzzle. And they are being
called only for -- he or she will be called
only for that particular piece. So you must
discern what that is in each instance.
Yes, there will be an introductory
statement so that you get to know the witness
and who the witness is, get a feeling for
whether he or she is credible. But beyond
that there will be a piece of information.
It would be very useful in our view
for you, if you could, to take notes in the
course of these proceedings. I know the
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State I understand does not provide you with
note paper or pads in this jurisdiction. But
if you could provide yourselves with them
just to make notes of particular facts that
you think are relevant that a witness has
testified to or an exhibit that you might
want to look at further or later on during
deliberations, that would be very helpful to
you when you begin to refresh your own
recollections, because there will be a lot of
information coming out.
There will be a great deal of
information coming out from a number of
witnesses. You may very well expect to
forget some of it unless you have noted it
down so you understand what they said. I
urge you to consider using that, to use some
mechanical way of recalling what has
happened. I think that's basically it.
I think plaintiffs believe that as a
result of the evidence you will hear in this
courtroom, that finally the truth will emerge
in respect of the assassination of Martin
Luther King, Jr. He often said that
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truth-crushed earth will rise again. Well, I
think plaintiffs sincerely hope that the
truth will be resurrected in this courtroom.
And that as a result of the truth being
resurrected in this courtroom, the events,
those horrible events of April 4th, 1968,
will be unearthed and seen and understood.
Ladies and gentlemen, prepare
yourselves for the resurrection of truth with
respect to that horrible day, April 4, 1968.
And I suggest to you that some of the
evidence you hear may go to the essence of
this Republic and may in fact shake some of
the foundations of this Republic. So
important is this case, so important is the
evidence, please consider it carefully and
well.
We seek a verdict of liability
against the defendant because he played a
critical role in these events. But it goes
well beyond him. And we're prepared to
acknowledge and to establish that.
Thank you.
THE COURT: Mr. Garrison.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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49
MR. GARRISON: If Your Honor
please and Dr. Pepper and ladies and
gentlemen, as you know, I'm Lewis Garrison.
I represent Mr. Jowers, who is the defendant
in this case.
I'd like to say this: I started
forty years ago in this practice of law in
August, and on April the 6th, 1968, I was
about three hundred feet from this very spot
in my desk when Dr. King was assassinated.
Now, Dr. Pepper and I agree on
probably eighty percent of the things that he
is advocating and stating to you. There are
some areas that we do not agree upon. I'll
touch on those now.
Ladies and gentlemen, April 4th,
1968, this city was racially divided.
November 16, 1999, it is still racially
divided. I'm sorry to tell you, it is. It
is an error we need to work on, and I hope
this trial will bring out some things that
perhaps will have some bearing on that.
Mr. Jowers has been around the City
of Memphis a long time. He is a former
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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50
police officer. When this occurred in 1968,
he was operating a small restaurant called
Jim's Grill.
Now, you'll find that any part that
he -- he has conferred with Mr. Dexter King
and Ambassador Young and told them some
things that he knew and heard, but I think
you will find that he was a very small part,
if any -- if any -- in the assassination of
Dr. King. He was simply operating a little
restaurant down on South Main Street.
Anything that Mr. Jowers may have had to do
with this certainly was unknown to him.
He was never told that the target of
an assassination was Dr. King. Certainly his
feelings are that he was at sympathy with
Dr. King and certainly for the things that
Dr. King was seeking.
Certainly Ms. King and her family
have been made to suffer more than any family
should. There is no question about that.
They've had to go through more than a family
should have to go through. We're certainly
in sympathy with them and have always been,
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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51
always have been behind Dr. King and the
things that he was seeking.
When I was growing up, not too far
from here, we had separate rest rooms,
separate water fountains, those type things,
separate schools. It doesn't seem like it
was very long ago. But after Dr. King came
along, those things came to some extent, but
we still take too much of our rights for
granted. It has not always been the way it
is now.
In this trial you will hear from
different persons that will bring forth
things that you probably never heard before.
For instance, there will be a police officer
that will testify here about the United
States government sending in agents just
before Dr. King's assassination. You'll hear
a lady here testify about a police officer
who was her husband who was very prejudiced
against people whose skin was not white.
You'll hear, ladies and gentlemen,
from a gentleman who will also tell you that
he had a chance to be with Mr. James Earl Ray
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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52
for some months before the assassination, and
he'll provide information to you as to what
Mr. Ray disclosed to him as to how he escaped
from the Missouri prison, who helped him, and
the purpose of it.
I think, ladies and gentlemen,
you'll find in this case that Mr. Jowers was
a very, very small cog in a big wheel, if he
was a party at all. He never knowingly did
anything that would have caused the death of
Dr. King or brought any hardship on Ms. King
or her family.
Now, this has been a long process.
I've been involved it seems like forever. It
has been many, many years. Dr. Pepper has
been involved in this three times as long as
I have. But this is the final chapter.
Whatever historians may write, your verdict
will be the final chapter in this case.
So in this case I think when you
hear all the testimony here and all the proof
that Dr. Pepper will offer and I'll offer,
I'm going to be able to stand here and ask
you not only if you find that Mr. Jowers had
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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53
anything to do with it, but there are others
who are much more responsible than he was who
knew what they were doing and who brought
about the commission of this hate crime.
That's what it was. And that others
are responsible and that they should be held
liable instead of Mr. Jowers. It will be an
interesting trial. I think that you will
certainly find it interesting, and I hope
that you do.
If you will listen attentively,
because this is a very important case in the
history of this country.
Thank you.
THE COURT: Mr. Pepper, call
your first witness, please.
MR. PEPPER: Plaintiffs call
Mrs. Coretta Scott King to the stand.
CORETTA SCOTT KING
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
Q. Good morning, Mrs. King.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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A. Good morning.
Q. Thank you for being here. I realize
how stressful it is at the time, particularly
because of the gauntlet of the media out
there. We're grateful for your presence.
Could you just tell us by way of
background what was the purpose of Dr. King's
visit to Memphis, his involvement in Memphis
and his coming here in 1968.
A. Martin came to Memphis to support the
sanitation workers who were engaged in a
strike for better wages and working
conditions. He felt it was important to come
to support them because they were working
poor people.
Q. And how did the sanitation workers'
strike and his support for that fit into the
Poor People's March in Washington which had
been planned for later on, the spring?
A. He felt that it was important that he
give his support to them because they were a
part of what he was really struggling to get
the nation to understand, that people work
full-time jobs but in a sense for part-time
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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55
pay. Even people who were poor who worked
could not make a decent living. So they
would then be invited to join the
mobilization for the campaign which was to be
held in Washington.
Q. Right. And was this support -- his
support for the sanitation workers in Memphis
and the plans for the Poor People's March in
Washington to be covered by the umbrella of
non-violence at all times?
A. Absolutely. He felt that -- as you
know, his whole life was dedicated to
non-violent struggle. Any time there was
violence of any kind, it was very disturbing
to him, and he disavowed it completely and
whenever he had an opportunity to.
He dedicated his life to helping
people to understand the philosophy of
non-violence, which he lived it as a way of
life. And so when he came to Memphis --
I don't know, Counsel, should I
mention that he -- I don't want to get ahead
of myself, but when he came to Memphis the
first time and there was a march that he led
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
56
which his organization had very little to do
with planning, that broke out in violence.
It was very, very upsetting to him
because most of the marches, I would say all
of them, that he had led had always been
mobilized with the support of the National
Southern Christian Leadership Conference
staff. Therefore, they were aware of any
problems, any controversies that might exist,
conflicts between groups and among groups.
But he came that day from a trip,
got off the plane and went straight to the
head of the march. Of course, the march did
break out in violence. It was most
disturbing to him.
So when he -- when this happened, he
felt that it was very important for him to
return to Memphis to lead a peaceful,
non-violent march before he could go forth to
Washington. He had to demonstrate that a
non-violent march, a peaceful march, could
take place in Memphis because of the
criticisms that were being leveled at that
time.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
57
Q. So he returned to Memphis that last
time because of the violence that broke out
on the march of March 28th, and he was
determined, from what you are saying, to
restore the position of non-violence to the
movement?
A. Yes, that's correct.
Q. Did he attribute -- did he have any
idea why that march on March 28th turned
violent? Did he have any notion of what
caused that?
A. Well, I think he became aware that
there was a local -- well, he thought at the
time what was a local group of young people
who really precipitated the violence. The
feeling was that there were some forces
behind them, that they were not just persons
who decided that they would throw rocks and
break windows.
Q. Now, what was behind or underlay his
decision to come out against the war in
Vietnam and to take on such a public
political posture, if you will, which was
quite a different change for him?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
58
A. I must say that my husband had wanted
to speak out against the war in Vietnam for
many years before he actually did do so. He
always -- he understood the conflict that
existed in Vietnam from its inception. And
he realized that it was an unjust war in the
first place. Then it was being fought
against, you know, people of color who were
poor. And wars, of course, for him didn't
solve any social problems but created more
problems than they solved.
He felt that this particular war was
not -- we could not win. Of course, history
proved him right within a very short period
of time after he spoke out. As a matter of
fact, one year after he spoke out against the
war, he was vindicated in that the nation had
reversed itself and its policy toward that
war.
That was April 4th, 1968, when he
actually spoke out against the war in his
first public statement. But he said he had
to do it because his conscience -- he could
no longer live with his conscience without
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
59
taking a position. He felt that doing so,
perhaps he could help to mobilize other
public opinion in support of his position,
which was, again, against the war.
Q. Do you recall the reaction of other
civil rights leaders at that time when he
came out against the war?
A. Yes, I do. Civil rights leaders,
other opinion makers, all criticized him,
both black and white. It was certainly --
certainly he expected it, but he probably
didn't expect some of the people who
criticized him to do so publicly.
His way in the non-violent way was
to privately disagree and to go and talk to
persons which are having a disagreement, but
to be attacked publicly was very difficult
for him. He also knew that if he spoke out,
it would probably affect the support, the
financial support, for his organization, the
Southern Christian Leadership Conference.
And, of course, it did very
profoundly. He knew that before he took that
risk and that position. So it wasn't
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
60
surprising, but, nevertheless, it was
painful.
Q. Was there much discussion at the time
about him running for public office because
he was being pushed forward as a third-party
candidate with Dr. Benjamin Spock as an
alternative to Lyndon Johnson's being
returned to office at that time? What do you
recall about him moving in that direction of
more serious political activity?
A. Well, I was aware of the fact that
there was talk about his running for public
office. It was interesting because from what
I knew of him, I never thought that he would
run for public office. Just knowing the kind
of person he was, and because, you know,
politics is very important and necessary, but
he would be freer to make statements
according to his conscience if he didn't run
for public office, and because he was
Christian minister and because he took his
commitment so seriously, I felt that it would
have been difficult for him.
But at the same time I remember him
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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61
saying that because of the criticisms that he
had gotten as he had spoken out against the
war, the media had stopped carrying any of
his statements and they didn't understand --
no one was getting his message, because the
message wasn't being carried forth.
There were a number of critical
articles and some cover stories that were
very critical of him at that time. Time
magazine, for instance, did one in 1967 that
was extremely critical. He had been the Time
man of the year in 1964 after the Peace
Prize, and 1957 was the first time, so it
was, again, very painful for him not to be
able to get his message out.
So he said if I did run for office,
it would be one way of getting my message out
because I would have to be given equal time.
The interesting thing about my
husband, he always considered, you know,
every aspect of an issue, both the pros and
the cons. And then he would make his mind up
as to what he would do.
Q. Were there any comments that he made
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
62
the night before his departure to Memphis,
that last trip, any indications that he had
of potential danger or the seriousness of the
task that he faced in Memphis?
A. I don't remember specific comments in
that regard. But he had -- after he returned
from Memphis after the violence broke out,
which was like on a Friday evening, he went
back on a Tuesday -- he went back on --
Q. He arrived on a Wednesday, the 3rd.
A. -- on Wednesday morning. But in
between that time I was aware of how heavily
it weighed on him, the problem of -- this
whole problem of the sanitation workers'
conflict and what he could do to help by
getting his staff united. Because some of
the staff didn't feel he should go to Memphis
in the first place. He was very strongly in
favor of that.
So he came home late -- I guess it
was Tuesday evening he came in. There was
not time to talk. He got up very early
Wednesday morning to go to Memphis. He
always called me, you know, almost every
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
63
night when he was on trips, so he didn't say
whole lot about it, but I could tell that he
had a lot of anxiety and it was very heavily
weighing on his mind.
Q. Did he go through these times, and
particularly this last year, manifesting an
awareness that his life was in danger, that
he had taken a path of action now that might
have brought his life into danger?
A. Yes. I think he was aware of that
certainly. I might say he was aware from the
early days after Montgomery, Montgomery
forward, but I think as he got closer toward
this period of his life, he was even more
acutely aware.
Given the positions that he had
taken, he realized that, you know, he could
be killed at any time, but for him, his
commitment to what he believed and to a
higher authority was such that he didn't mind
giving his life for a cause that he believed
in.
He used to say that the end of life
is not to be happy but to do God's will, come
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
64
what may. So for him being happy was when he
could come out against the war against
Vietnam. He said to a colleague, and I heard
this on the telephone, I was the happiest man
in the world when I could come out personally
against this evil and immoral war, because I
came to a point where I felt that silence was
betrayal.
So that was -- I think that was his
position.
Q. Mrs. King, on March 10th, 1969, one
James Earl Ray entered a guilty plea and was
sentenced to ninety-nine years in prison for
the assassination of your husband. Mr. Ray
stayed in prison until he died. But he tried
continually to get a trial.
At one point the family decided to
support an effort for a trial for Mr. Ray.
Why did the family take that position that
late in the day at that point in time?
A. Well, as a matter of fact, it was
because he of new information that we had
received and largely because of the efforts
that you had put forth to investigate a
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
65
number of these leads that had come out and
found that they were reliable enough.
When we looked at it and
investigated it, we felt then that we had to
take a position. For years we hoped that
somebody else would find out, find the
answers. We wanted to know the truth. But
the truth was elusive.
We wanted to go on with our lives.
We felt the only way we could do it was to
really take the position that we did take,
because the evidence pointed away from Mr.
Ray, not that he might have not had some
involvement but he was not the person we felt
that really actually killed him.
THE COURT: Just a moment. I
see this man aiming a camera at my jury. I
don't know that he has been told not to.
DEPUTY JAMES: I've instructed
him not to take it of the jury.
THE COURT: All right. Go
ahead.
Q. (BY MR. PEPPER) What was the general
reaction to the family as a result of that
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
66
position? Were there animosity? Were there
attacks, lawsuits? What happened to the
family, yourself and the children and the
organization as a result of that position?
A. Well, there were a number of media
articles that were negative toward the
family. As a result of that -- there were
several really and over a period of months,
and as a result of it, we feel that there was
some -- it had affected some of the support
that we might have been able to receive for
the King Center.
Q. Financial support?
A. Financial support, yes.
Q. Contributions?
A. Yes.
Q. Is that similar to what happened to
SCLC back in 1967?
A. That's right.
Q. Mrs. King, why is the family bringing
this action now thirty -- almost thirty-one
years later against the defendant,
Mr. Jowers?
A. Well, it has only been recently that
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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67
we realized the extent of Mr. Jowers'
involvement. So we felt that it was
important to bring it now. We're all getting
older, I'll say, and, of course, we wanted to
be able to get the truth, as much of it as we
can, out before it gets later.
I don't know how much longer any of
us will be around. That's not given. But
the fact is that my family, my children and
I -- I've always felt that somehow the truth
would be known, and I hoped that I would live
to see it.
And it is important I think for the
sake of healing for so many people, my
family, for other people, for the nation. I
think Martin Luther King, Jr., served this
nation. He was a servant. He gave his -- he
willingly gave his life if it was necessary.
It is important to know, actually not because
we feel a sense of revenge -- we never have.
We have no feeling of bitterness or hatred
toward anybody. But just the fact that if we
know the truth, we can be free, and we can go
on with our lives.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
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68
Q. Mrs. King, is the family seeking a
large monetary award from Mr. Jowers as a
result of this action?
A. No, it is not about money. That's
not the issue. I think what we're concerned
about is the fact that certainly there is
some liability by Mr. Jowers, but we're
concerned about the truth, having the truth
coming out, and in a court of law so that it
can be documented for all. And we were
hoping that this would be one way of getting
to the truth.
MR. PEPPER: Mrs. King, thank
you very much.
MR. GARRISON: If we could
possibly take a short break before I ask my
questions.
THE COURT: Very well. We will
take a fifteen-minute recess.
(Jury out.)
(Short recess.)
THE COURT: Are you ready for
the jury?
MR. GARRISON: Yes, if Your
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
69
Honor please.
THE COURT: Bring the jury out.
(Jury in.)
THE COURT: All right, ladies
and gentlemen. I would like to read to you
before we begin here the Court rules on
taking notes. You are permitted to take
notes during the trial. You may take notes
only of verbal testimony from witnesses,
including witnesses presented by deposition
or videotape.
You may not take notes during the
opening statements or closing arguments or
take notes of objections made to the
evidence. You may not take notes during
breaks or recesses. Notes may be made only
in open court while witnesses are
testifying. Your notes should not contain
personal reactions or comments but, rather,
should be limited to a brief factual summary
of testimony you think is important.
Please do not let your note-taking
distract you and cause you to miss what the
witness said or how the witness said it.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
pay. Even people who were poor who worked
could not make a decent living. So they
would then be invited to join the
mobilization for the campaign which was to be
held in Washington.
Q. Right. And was this support -- his
support for the sanitation workers in Memphis
and the plans for the Poor People's March in
Washington to be covered by the umbrella of
non-violence at all times?
A. Absolutely. He felt that -- as you
know, his whole life was dedicated to
non-violent struggle. Any time there was
violence of any kind, it was very disturbing
to him, and he disavowed it completely and
whenever he had an opportunity to.
He dedicated his life to helping
people to understand the philosophy of
non-violence, which he lived it as a way of
life. And so when he came to Memphis --
I don't know, Counsel, should I
mention that he -- I don't want to get ahead
of myself, but when he came to Memphis the
first time and there was a march that he led
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
56
which his organization had very little to do
with planning, that broke out in violence.
It was very, very upsetting to him
because most of the marches, I would say all
of them, that he had led had always been
mobilized with the support of the National
Southern Christian Leadership Conference
staff. Therefore, they were aware of any
problems, any controversies that might exist,
conflicts between groups and among groups.
But he came that day from a trip,
got off the plane and went straight to the
head of the march. Of course, the march did
break out in violence. It was most
disturbing to him.
So when he -- when this happened, he
felt that it was very important for him to
return to Memphis to lead a peaceful,
non-violent march before he could go forth to
Washington. He had to demonstrate that a
non-violent march, a peaceful march, could
take place in Memphis because of the
criticisms that were being leveled at that
time.
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
57
Q. So he returned to Memphis that last
time because of the violence that broke out
on the march of March 28th, and he was
determined, from what you are saying, to
restore the position of non-violence to the
movement?
A. Yes, that's correct.
Q. Did he attribute -- did he have any
idea why that march on March 28th turned
violent? Did he have any notion of what
caused that?
A. Well, I think he became aware that
there was a local -- well, he thought at the
time what was a local group of young people
who really precipitated the violence. The
feeling was that there were some forces
behind them, that they were not just persons
who decided that they would throw rocks and
break windows.
Q. Now, what was behind or underlay his
decision to come out against the war in
Vietnam and to take on such a public
political posture, if you will, which was
quite a different change for him?
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
58
A. I must say that my husband had wanted
to speak out against the war in Vietnam for
many years before he actually did do so. He
always -- he understood the conflict that
existed in Vietnam from its inception. And
he realized that it was an unjust war in the
first place. Then it was being fought
against, you know, people of color who were
poor. And wars, of course, for him didn't
solve any social problems but created more
problems than they solved.
He felt that this particular war was
not -- we could not win. Of course, history
proved him right within a very short period
of time after he spoke out. As a matter of
fact, one year after he spoke out against the
war, he was vindicated in that the nation had
reversed itself and its policy toward that
war.
That was April 4th, 1968, when he
actually spoke out against the war in his
first public statement. But he said he had
to do it because his conscience -- he could
no longer live with his conscience without
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
59
taking a position. He felt that doing so,
perhaps he could help to mobilize other
public opinion in support of his position,
which was, again, against the war.
Q. Do you recall the reaction of other
civil rights leaders at that time when he
came out against the war?
A. Yes, I do. Civil rights leaders,
other opinion makers, all criticized him,
both black and white. It was certainly --
certainly he expected it, but he probably
didn't expect some of the people who
criticized him to do so publicly.
His way in the non-violent way was
to privately disagree and to go and talk to
persons which are having a disagreement, but
to be attacked publicly was very difficult
for him. He also knew that if he spoke out,
it would probably affect the support, the
financial support, for his organization, the
Southern Christian Leadership Conference.
And, of course, it did very
profoundly. He knew that before he took that
risk and that position. So it wasn't
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
60
surprising, but, nevertheless, it was
painful.
Q. Was there much discussion at the time
about him running for public office because
he was being pushed forward as a third-party
candidate with Dr. Benjamin Spock as an
alternative to Lyndon Johnson's being
returned to office at that time? What do you
recall about him moving in that direction of
more serious political activity?
A. Well, I was aware of the fact that
there was talk about his running for public
office. It was interesting because from what
I knew of him, I never thought that he would
run for public office. Just knowing the kind
of person he was, and because, you know,
politics is very important and necessary, but
he would be freer to make statements
according to his conscience if he didn't run
for public office, and because he was
Christian minister and because he took his
commitment so seriously, I felt that it would
have been difficult for him.
But at the same time I remember him
DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD
(901) 529-1999
61
saying that because of the criticisms that he
had gotten as he had spoken out against the
war, the media had stopped carrying any of
his statements and they didn't understand --
no one was getting his message, because the
message wasn't being carried forth.
There were a number of critical
articles and some cover stories that were
very critical of him at that time. Time
magazine, for instance, did one in 1967 that
was extremely critical. He had been the Time
man of the year in 1964 after the Peace
Prize, and 1957 was the first time, so it
was, again, very painful for him not to be
able to get his message out.
So he said if I did run for office,
it would be one way of getting my message out
because I would have to be given equal time.
The interesting thing about my
husband, he always considered, you know,
every aspect of an issue, both the pros and
the cons. And then he would make his mind up
as to what he would do.
Q. Were there any comments that he made
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the night before his departure to Memphis,
that last trip, any indications that he had
of potential danger or the seriousness of the
task that he faced in Memphis?
A. I don't remember specific comments in
that regard. But he had -- after he returned
from Memphis after the violence broke out,
which was like on a Friday evening, he went
back on a Tuesday -- he went back on --
Q. He arrived on a Wednesday, the 3rd.
A. -- on Wednesday morning. But in
between that time I was aware of how heavily
it weighed on him, the problem of -- this
whole problem of the sanitation workers'
conflict and what he could do to help by
getting his staff united. Because some of
the staff didn't feel he should go to Memphis
in the first place. He was very strongly in
favor of that.
So he came home late -- I guess it
was Tuesday evening he came in. There was
not time to talk. He got up very early
Wednesday morning to go to Memphis. He
always called me, you know, almost every
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night when he was on trips, so he didn't say
whole lot about it, but I could tell that he
had a lot of anxiety and it was very heavily
weighing on his mind.
Q. Did he go through these times, and
particularly this last year, manifesting an
awareness that his life was in danger, that
he had taken a path of action now that might
have brought his life into danger?
A. Yes. I think he was aware of that
certainly. I might say he was aware from the
early days after Montgomery, Montgomery
forward, but I think as he got closer toward
this period of his life, he was even more
acutely aware.
Given the positions that he had
taken, he realized that, you know, he could
be killed at any time, but for him, his
commitment to what he believed and to a
higher authority was such that he didn't mind
giving his life for a cause that he believed
in.
He used to say that the end of life
is not to be happy but to do God's will, come
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what may. So for him being happy was when he
could come out against the war against
Vietnam. He said to a colleague, and I heard
this on the telephone, I was the happiest man
in the world when I could come out personally
against this evil and immoral war, because I
came to a point where I felt that silence was
betrayal.
So that was -- I think that was his
position.
Q. Mrs. King, on March 10th, 1969, one
James Earl Ray entered a guilty plea and was
sentenced to ninety-nine years in prison for
the assassination of your husband. Mr. Ray
stayed in prison until he died. But he tried
continually to get a trial.
At one point the family decided to
support an effort for a trial for Mr. Ray.
Why did the family take that position that
late in the day at that point in time?
A. Well, as a matter of fact, it was
because he of new information that we had
received and largely because of the efforts
that you had put forth to investigate a
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number of these leads that had come out and
found that they were reliable enough.
When we looked at it and
investigated it, we felt then that we had to
take a position. For years we hoped that
somebody else would find out, find the
answers. We wanted to know the truth. But
the truth was elusive.
We wanted to go on with our lives.
We felt the only way we could do it was to
really take the position that we did take,
because the evidence pointed away from Mr.
Ray, not that he might have not had some
involvement but he was not the person we felt
that really actually killed him.
THE COURT: Just a moment. I
see this man aiming a camera at my jury. I
don't know that he has been told not to.
DEPUTY JAMES: I've instructed
him not to take it of the jury.
THE COURT: All right. Go
ahead.
Q. (BY MR. PEPPER) What was the general
reaction to the family as a result of that
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position? Were there animosity? Were there
attacks, lawsuits? What happened to the
family, yourself and the children and the
organization as a result of that position?
A. Well, there were a number of media
articles that were negative toward the
family. As a result of that -- there were
several really and over a period of months,
and as a result of it, we feel that there was
some -- it had affected some of the support
that we might have been able to receive for
the King Center.
Q. Financial support?
A. Financial support, yes.
Q. Contributions?
A. Yes.
Q. Is that similar to what happened to
SCLC back in 1967?
A. That's right.
Q. Mrs. King, why is the family bringing
this action now thirty -- almost thirty-one
years later against the defendant,
Mr. Jowers?
A. Well, it has only been recently that
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we realized the extent of Mr. Jowers'
involvement. So we felt that it was
important to bring it now. We're all getting
older, I'll say, and, of course, we wanted to
be able to get the truth, as much of it as we
can, out before it gets later.
I don't know how much longer any of
us will be around. That's not given. But
the fact is that my family, my children and
I -- I've always felt that somehow the truth
would be known, and I hoped that I would live
to see it.
And it is important I think for the
sake of healing for so many people, my
family, for other people, for the nation. I
think Martin Luther King, Jr., served this
nation. He was a servant. He gave his -- he
willingly gave his life if it was necessary.
It is important to know, actually not because
we feel a sense of revenge -- we never have.
We have no feeling of bitterness or hatred
toward anybody. But just the fact that if we
know the truth, we can be free, and we can go
on with our lives.
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Q. Mrs. King, is the family seeking a
large monetary award from Mr. Jowers as a
result of this action?
A. No, it is not about money. That's
not the issue. I think what we're concerned
about is the fact that certainly there is
some liability by Mr. Jowers, but we're
concerned about the truth, having the truth
coming out, and in a court of law so that it
can be documented for all. And we were
hoping that this would be one way of getting
to the truth.
MR. PEPPER: Mrs. King, thank
you very much.
MR. GARRISON: If we could
possibly take a short break before I ask my
questions.
THE COURT: Very well. We will
take a fifteen-minute recess.
(Jury out.)
(Short recess.)
THE COURT: Are you ready for
the jury?
MR. GARRISON: Yes, if Your
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Honor please.
THE COURT: Bring the jury out.
(Jury in.)
THE COURT: All right, ladies
and gentlemen. I would like to read to you
before we begin here the Court rules on
taking notes. You are permitted to take
notes during the trial. You may take notes
only of verbal testimony from witnesses,
including witnesses presented by deposition
or videotape.
You may not take notes during the
opening statements or closing arguments or
take notes of objections made to the
evidence. You may not take notes during
breaks or recesses. Notes may be made only
in open court while witnesses are
testifying. Your notes should not contain
personal reactions or comments but, rather,
should be limited to a brief factual summary
of testimony you think is important.
Please do not let your note-taking
distract you and cause you to miss what the
witness said or how the witness said it.
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Remember that some testimony may not appear
to be important to you at the time. The same
testimony, however, may become important
later in the trial.
Your notes are not evidence. You
should not view your notes as authoritative
records or consider them as a transcript of
the testimony. Your notes may be incomplete
or may have certain errors and are not an
exact account of what was said by a witness.
All right. You may proceed,
Mr. Pepper.
Oh, would you like to cross-examine,
Mr. Garrison?
CROSS-EXAMINATION
BY MR. PEPPER:
Q. Good morning, Mrs. King.
A. Goods morning.
Q. Ms. King, you and I met before and
we've talked a few times. I've talked to
your sons several times.
Let me say this to you: I know it
isn't easy for you to be the mother of four
children, but they are all fine, honorable
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sons and daughters, very fine, honorable
people and I know you are pleased with them.
I know Dr. King would be.
Let me ask you, Ms. King, you've
never been afforded the opportunity to come
into a court of law such as this and be able
to be a witness as a part of it, have you?
When Mr. Ray had a hearing, you were not a
party to that hearing, were you?
A. No.
Q. You never had an opportunity to come
into a court of law before this to have a
jury decide the issues in the case. Am I
correct, please, ma'am?
A. That's correct.
Q. Let me ask you, did Dr. King before
his assassination, sometime before he came to
Memphis, did he receive a lot of threats that
you are aware of that may be hearsay? Was he
aware of a lot of threats?
A. Well, the morning that he was to come
back to Memphis that second time, which was
the final time, his plane was delayed because
of threats that had come to him. I
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understand that -- well, of course, over the
years there had been threats on his life many
times.
Q. Do you recall, Ms. King, when Dr.
King would appear at a place such as Memphis
here who would plan his security? Do you
know who was in charge of that or how they
arranged for security for him? Did he have
someone in his group that was responsible for
it or did they rely on the local police
department? Do you know how that was done?
A. I really don't know how that was
handled except usually when he went into
cities, the people who -- when he went to
towns, the people locally, the committee
locally that invited him, would handle the
security.
Q. Let me ask you, Ms. King, when Dr.
King returned from Memphis after the march,
do you recall -- was there any particular
group or any particular person that insisted
he come back here a second time? Did he ever
mention to you anything about any particular
person or any group that insisted on him
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coming back a second time?
A. I don't know about his coming back
specifically, but I know about his coming
initially. I think what he had said publicly
before he left was that he was planning to
come back. So I think there was that
understanding that he would be coming back.
How it came about I'm not sure.
Q. You mentioned earlier I believe that
he seemed to be agonizing over the fact that
he would return to Memphis. Was that because
of the threat or because of the conditions
here?
A. No, not because of the threats but
just because it was so important that he lead
a non-violent demonstration. Of course,
there was an injunction. He had to get past
the injunction as well. He took those -- his
responsibility very, very seriously, because
he knew that the nation and indeed the world
was watching. In his own conscience he
wanted to be clear that he was doing the
right thing.
Q. Now, Ms. King, you are aware of the
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fact that Mr. Jowers had met and conferred
with Mr. Dexter King, your son, on one
occasion, then again with Mr. Dexter King and
Ambassador Young on another occasion. You
have heard about that, I'm sure?
A. Yes, yes.
Q. Are you aware of the fact that
Mr. Jowers stated to them each time he met
with them that he was not aware of any of the
acts he did that would lead up to the
assassination of Dr. King, that whatever
acts -- there was no mention of that to him,
that he had no idea that whatever acts he may
have been called upon he had no idea would
lead to the assassination Dr. King? Are you
aware of that?
A. I'm not aware of the conversation as
much as I wasn't involved with it. So I
couldn't speak to the detail of that.
Q. I see.
MR. GARRISON: I believe that's
all. Thank you, Ms. King.
THE COURT: Any redirect?
MR. PEPPER: Nothing further,
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Your Honor.
THE COURT: You may stand down,
Ms. King.
(Witness excused.)
MR. PEPPER: Plaintiffs call Dr.
Cobey Smith.
COBEY SMITH
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
Q. Good afternoon, Dr. Smith.
A. Good afternoon.
Q. Thank you for coming here. Would you
state your full name and address for the
record, please.
A. Cobey Vernon Smith, 2240 Brown
Avenue, Memphis, Tennessee.
Q. And what is your occupation?
A. I'm an educator consultant.
Q. Were you a member of a group called
the Invaders back in 1968?
A. Yes.
Q. You were an active member of that
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group at the time of the assassination of
Martin Luther King?
A. Yes.
Q. At the time of the sanitation
workers' strike?
A. Yes.
Q. And when were the Invaders formed?
A. In 1967.
Q. Who formed that group?
A. I formed that group along with
Charles Cabbage and John Smith.
Q. What was the purpose of the
Invaders? What was their organizational
purpose?
A. The purpose was to provide an
organizational format for young people, for
people in the City of Memphis. We really
formed as a result of the Meredith march in
Mississippi, which is when I first met Dr.
King. Many of us who had gone down became
active in organizing and became proponents of
the black power movement. We saw ourselves
as agents for liberation of our people
throughout the country.
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I don't know whether people can
really remember this, but in 1966 and 1967 it
was extremely unsafe to walk the streets in
cities like Memphis and southern cities
across the country, cities all over. So we
saw ourselves as an organizing tool to make
people aware of the fact that we were a free
people with all the rights and privileges of
Americans, to operate and seek prosperity,
equality and all the other things that were
rightfully ours by law.
Q. So the Invaders were a local
community-organizing group?
A. That's right.
Q. How were the Invaders funded? How
were they financed?
A. Out of our own pocket. We received
no real funding. We received one grant for
the black organizing project, which is a
grant I wrote in 1967. We received some jobs
from the War on Poverty Commission.
Cab and I were hired as
thirty-dollar-a-week organizers in 1967, a
job from which we were fired because we had
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affiliation with SNCC and other
organizations.
Q. Would you tell the jury what SNCC
stands for?
A. The Student Non-violent Coordinating
Committee.
Q. What was the Student Non-violent
Coordinating Committee?
A. It was a national organization which
spent -- which really developed out of the
civil rights movement which at its inception
provided the foot soldiers for the civil
rights movement, the young men and women who
went out and desegregated lunch counters,
students from all over the country, many from
Memphis, incidentally, who became the cannon
fodder for the movement, as a matter of
fact.
We would go out and do the
organizing work, go into the rural areas, go
into the cities, the colleges, the prisons,
everywhere there was a need really to let
people know the kinds of things that Dr. King
and others had talked about were realities
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for us.
Q. Did you see yourself in a sense as
foot soldiers, community-based foot soldiers,
in that movement?
A. Well, you know, now that I'm a
gray-haired old man, I don't want to be vain
enough to say that. We really thought that
we were a chosen few on a mission. We really
saw ourselves as helping fulfill the American
dream.
We were idealists for the most
part. We were people born of desire to
change the concept in America from its
desegregated biased roots and its hatred for
African-Americans to people who understood
that we should enjoy the right to vote, the
right to speak freely, the right to come and
go as we please, to live where we wanted to,
to seek an education, all those little things
that people now seem to say we take for
granted.
Q. With this background and this history
and this organizational activity, was there a
time when you associated -- became associated
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with Dr. King's activities in Memphis?
A. Oh, yes. Oh, yes.
Q. When was that?
A. When the sanitation workers started
their -- we did the basic street organizing,
you might say, for the events that led up to
the sanitation workers' strike. We went out
and got the -- we told grown men that they
had a right to petition government, to
question police, to do all kinds of things.
Then when the organization, the
AFSCME, which is the American Federation of
State, County, Municipal Employees, started
to organize its membership, many of its
leaders came to us and they accepted our
efforts to go out in the communities and gain
support for the kind of people who needed
this help.
When you say this to somebody, it
probably sounds -- I don't know how to really
describe it because this was a very dangerous
thing to do. You didn't have a right to go
and talk to the city government about
organizing its employees. That was against
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the law. You did not have a right to
question a policeman if they stopped you and
talked to you or if they asked you a
question. And people were afraid.
We didn't have many lawyers, judges,
anything else, who would actually stand up to
the kind of abuse that we were subjected to
here in Memphis.
So when the sanitation workers got
together and decided they would organize,
they offered a list of things that they
wanted, to be recognized as a union, to
receive the same pay as white employees,
other kinds of things, that seem so mundane
to us now. That platform that they used, we
had been using it for a few years since a man
who is now a judge ran for public works
commissioner.
So we were involved in this process
actively trying to get it together. And that
year when we became -- when the union kind of
put itself together, the real hell broke
loose in Memphis. The mayor decided that it
would never be recognized. A group of
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ministers got together and decided that they
would work in support of the union.
We worked hard to get them to come
in. And because we were having such great
difficulty with the white community resisting
this whole effort, with many people in the
black community being threatened and who were
afraid, the leadership of the strike itself
decided to invite Dr. King here.
Dr. King was not only the greatest
leader that we've ever had, he was a person
who by his bearing and presence brought a
kind of calm to the entire community, to
those who were opposed to us. We understood
because of our youth and our exuberance that
sometimes we were not perceived as being
ready to lead.
There were people who were afraid of
us because we would stop and ask questions.
Well -- or because we would even resist the
kinds of pushing around that we received.
Several days after the start of the strike
itself, the sanitation workers had a march
down Main Street, and the police took their
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cars and pushed them into the sidewalk.
Q. Do you know -- excuse me for
interrupting. Do you know the date of that
particular march?
A. No, I don't remember the exact date.
But it was --
Q. Was it in February of 1967 or March
of 1967?
A. It would have been in February.
Q. Early on in the strike?
A. Yes. Very early in the strike. A
number of sanitation workers were injured.
Before that happened, two men were killed,
were crushed, in a garbage truck, one that
automatically closed down and collected the
garbage. That set off a fierce to
resistance, a fierce resistance.
When they had to march down Main
Street and the police attacked them, dogs,
clubs, guns, beat the hell out of a lot of
them, we really decided to ask for a more
militant stance from the union itself.
This probably sounds pretty mundane,
but prior to that time the religious leaders
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did not want to approach this as if it were a
regular strike. Many of us had grown up in
the -- with roots to the labor movement, just
as we had to the civil rights movement.
We believed, for example, that
ASCFME should operate its strike just like
the AFL-CIO or the Teamsters or anybody else
and that we should stop the flow of trucks
that were being driven by strike breakers,
that we should end this garbage collection
that was designed to break the strike. Well,
we found ourselves in a greatly divided
strike effort.
Many of the ministers and some of
the black leaders in town were much more
interested in compromising and going along
with the edicts of the city administration.
We did not want to see that occur.
We wanted a full and legitimate
recognition of the union. We wanted to make
sure that the rights of these employees were
protected. Most of these men were from rural
West Tennessee, had been driven off the farm,
had come in from places like Fayette County
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where they had been driven off the land in
what we call the Tent City.
Q. The founder of Tent City will be
testifying in these proceedings. So we can
move from that. But let me move you onto the
association with Dr. King. What was the
relationship that emerged between the
Invaders and SCLC, Dr. King's organization
here in Memphis, related to the sanitation
workers' strike?
A. Originally when Dr. King's people got
here there was a kind of an uneasiness
between the two organizations. In fact,
there were -- there was a brief struggle,
skirmish, that kind of occurred, some bad
feelings, some other things. It took Dr.
King's arrival here to ease those problems
out, to kind of smooth that over. We
insisted on following the same principles
that we had learned from Dr. King during the
Meredith march in Mississippi and other
places.
Q. Did the Invaders with its
relationship with SCLC play a role in the
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first march that Dr. King led here on the
28th of March, 1967, on behalf of the
sanitation workers' strike?
A. We did not play an active role in
that march because the night before, Reverend
Jim Lawson and reverend H. Ralph Jackson came
to the steering committee and presented a
letter with bullets in it and said that they
had been sent by the Invaders and that we had
threatened them. Consequently I ordered the
members of our organization off the streets,
not to participate.
Q. So the clergy-led steering committee
received from somewhere --
A. From somewhere.
Q. -- a letter with some bullets in it?
A. Yes.
Q. And that was represented as having
been sent by the Invaders?
A. That's right.
Q. It was taken as a threat by the more
traditional civil rights groups here?
A. Yes. They were very annoyed with
us. They didn't like our style. They didn't
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like the blue jeans, the long hair. I used
to have hair.
Q. Dr. Smith, style aside, did the
Invaders send that threat to --
A. No, no.
Q. -- to the organization?
A. Quite frankly, the protocol for
groups like ours, if we intended on sending a
message, we sent a message. We were not
interested in showing --
Q. Let me move you on. You know the
march on the 28th of March became violent?
A. Yes.
Q. That was perhaps the only violent
march or march that turned violent that Dr.
King ever led.
A. Yes.
Q. And you know that the Invaders have
been blamed for causing that disruption.
A. Yes.
Q. And you know that Dr. King returned
to Memphis to lead another march on his fatal
trip here as a result of that violent march?
A. Yes.
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Q. Now, let me ask you, did the Invaders
disrupt that march?
A. No.
Q. How was that march disrupted? Who
disrupted that march, to the best of your
knowledge?
A. We received --
Q. Strike that. Let me rephrase that.
Did you conduct as an organization an
investigation?
A. Yes. I personally conducted an
investigation. I ordered a complete
investigation to see if any of our people
were involved. As I said, I put an order out
that our people would not attend the march
because we had already, once that letter had
been sent with the bullets in it, we knew
that we would receive the blame.
Our people started to report the
influx of other individuals who were coming
in with Illinois license plates who were seen
about town, who were seen on Beale Street by
our affiliates on Beale Street, and who were
members of several organizations, some the
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Black Egyptians out of East St. Louis, some
reported to have been Blackstone Rangers out
of Chicago.
Q. So these were strangers that came to
Memphis just prior to this march. Is that
what you are saying?
A. That's right.
Q. Why would they have come to Memphis?
A. We have no idea, because usually when
organizations came to town, they would
contact us. The Black Egyptians did. Chuck
Cohen and some other people did in fact
contact our people in an appropriate
fashion. The ones we were concerned about
were unidentified.
This is very unusual, because the
nature of the movement was such that people
relied on each other for housing, for
accommodations, for transportation, for
information, for all kinds of things. The
nature of the movement was a very communal
kind of thing. Everybody helped everybody if
we could.
Q. What did you learn about the
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disruption of that march and what do you know
about -- from personal knowledge do you know
about how that march was disrupted?
A. That march was disrupted, in my
opinion, by police and by agents from parts
unknown who came here specifically to
embarrass Dr. King and to disrupt the march.
The FBI reports, classified reports that have
since been released, indicate to me that
through the informants that they -- they
always black out the name of the
informants -- always indicate that there were
plans to disrupt our activities, to single
out the individuals in my organization and
several other organizations as the kind of
fall guys.
We were supposed to be the ones who
would be blamed. Some indication was that
the march was supposed to be stopped at Main
Street and turned south on Main instead of
being allowed to turn north where we were
supposed to have had a warehouse with weapons
in it and we were going to start a race war.
Q. This was the kind of rumor that you
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heard?
A. Yes, yes.
Q. As a result of the violent disruption
of the march, Dr. King decided to come back
to Memphis?
A. Yes.
Q. And the Invaders established yet a
closer working relationship with him?
A. Yes.
Q. This time?
A. Yes.
Q. Were you going to work closely in the
preparation of the next march?
A. Yes, yes. There were some essential
problems with that first march. There were
no marshals. There were no people on the
march route who would establish what the
perimeters of the march would be. In a
disciplined march, you always have to have
someone organize the flanks to keep the
people separated from the pedestrians, so to
speak, who would stand there, even though we
encouraged people to join the march, the idea
is you have to have very disciplined people
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who will not break windows, who will not run,
who will not panic, who will not be afraid,
in case we met force.
The marshals were instructed to
protect people, to show them how not to panic
and cause themselves to be hurt. That didn't
exist in the first march. In the second
march, Dr. King made an agreement for the
Invaders to participate in the march, to be
marshals for the march, to protect
individuals and to make certain that we were
not blamed for things that ultimately
happened in the first march.
Q. Just reverting quickly to the
break-up of the first march, do you know
which hotel Dr. King was taken to when that
march turned violent?
A. Yes. He was taken to the Rivermont.
It was a Holiday Inn flagship, which is now
an apartment building. But when our people
went up there, he had no guards on his room,
they went straight to the room and were able
to see Dr. King without anybody protecting
him. We thought that was horrendous. We
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thought that that was -- we really were very
afraid for Dr. King at that time.
Q. In the planning in which you were
engaged in the second march, the march that
Dr. King never made, the march which in fact
became a memorial march for his death, did
you take up rooms under the -- with the
financial support of his organization?
A. Yes. Yes.
Q. Did you take up those rooms at the
Lorraine Motel?
A. Yes.
Q. The very place where Dr. King was
assassinated?
A. Yes. As a part of the organization.
Q. Do you recall how many rooms the
Invaders had there?
A. They had two rooms.
Q. And how many Invaders were in those
rooms at that time?
A. The total numbers probably ran to
about twenty, from ten to twenty Invaders.
Some would leave and come back. Other people
would come. But around ten to twenty.
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Q. And this was a part of your working
arrangement with Dr. King so you would be on
site to plan with him. Is that right?
A. That's right. And to assist in
SCLC's efforts in whatever fashion was
required.
Q. Were the Invaders at some point
summarily asked to leave the Lorraine Motel?
A. My field representatives called and
reported they had been asked to leave the
hotel, that they had been put out.
Q. When did that take place?
A. Just a little while before the
assassination.
Q. On the day of April 4th?
A. On the day of April 4th.
Q. Close to the time of the
assassination?
A. Yes. Within a few hours.
Q. Excuse me.
A. Within a few hours.
Q. Did the Invaders in fact leave the
motel at that time?
A. Yes. It was a very difficult
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situation. Some Invaders were still there,
but once put out of the room, the main body
of our group had to do what they were asked
to do. At the time that I received the
report from the people in the field, they
were also concerned about a number of other
things.
There was no police presence. It
was a very confused situation. We did not
know who was in charge. Some of -- I could
not get a clear answer about who gave the
order to put the Invaders out of the hotel.
Q. We may come to that with other
witnesses. But were you surprised that you
were asked to leave the hotel?
A. Yes. Yes.
Q. This was not in accordance with your
arrangements with Dr. King?
A. No, it was not. Dr. King had agreed
to involve the Invaders. He had chastised
his people for making it difficult for the
Invaders to operate along with them. We had
a very good relationship.
Dr. King probably is the reason --
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James Lawson and Dr. King are the reasons
that I have spent almost thirty-five years of
my life in the movement.
MR. PEPPER: No further
questions. Your witness.
THE COURT: Do you expect your
cross-examination to be lengthy?
MR. GARRISON: I don't think it
will be terribly long. I'll go on if you
want me to.
THE COURT: I'll take about five
seconds. Then you can continue with your
examination.
(Brief recess.)
THE COURT: Mr. Garrison.
CROSS-EXAMINATION
BY MR. GARRISON:
Q. Dr. Smith, if I may ask you a few
questions, I would appreciate it. Let me ask
you, during the time that you were working
with Dr. King's group, were you made aware of
any threats against Dr. King by any source?
A. No.
Q. And when Dr. King came in the first
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time when there was a march and there was a
riot and he had gone back to Atlanta, are you
aware of the fact that he planned to come
back or said I'll be back? How was that
left?
A. I was aware that Dr. King was going
to be back. We were extremely interested in
making sure that the march worked, that the
sanitation workers' strike was successful.
Q. Among the group that you were with,
Dr. Smith, the Invaders, was there a
gentleman whose name was Merrell McCullough?
A. Yes.
Q. What part did he play in this?
A. Merrell McCullough was our director
of transportation. He had the only car and
the only gas. So we made him the minister of
transportation. That should have made us
leery right there. We're talking about some
poor youngsters in a very poor town. I guess
you can say that Memphis is still a poor
town.
We didn't have anything. We didn't
have any money. We got around the best we
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could, which was usually to bum a ride. In
fact, the police would sometimes have to give
us a ride. The ones that were watching us
would sometimes give us a ride.
McCullough was a very accessible
person. He would come to my home every day,
as he would go around all the Invaders. When
I met him, he was introduced to me by what we
call the Riverside Invaders, who brought him
into the organization.
Q. Did you later learn that he at that
time was working undercover for the Memphis
Police Department?
A. Yes. I was invited down to the
police department after Dr. King was
assassinated, and I was introduced to him by
inspector types of the Memphis Police
Department as Officer Merrell McCullough.
Q. And would it surprise you to learn
that he was brought into Mr. Jowers'
restaurant by another officer and introduced
as Officer Merrell McCullough?
A. I did not know about that until much
later on, but I was extremely surprised. I
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think one of the reasons I was surprised is
because we felt that there were people who
would infiltrate our group, but we did not
have any idea that the infiltration was of a
nature broader than the local police
department.
We knew that many members of the --
many men who are now members of the police
department, in fact, the former police
director who has just recently resigned, was
also an undercover agent in our
organization.
Q. Dr. Smith, the day that the
assassination occurred, you were along with
some other members of your group in a room or
two rooms at the Lorraine Motel. Am I
correct, sir?
A. The members of my organization were
there.
Q. What floor were you on?
A. On the second floor.
Q. All right. Was there a time that day
that you had occasion to look across the
street to see what was down on the street
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below the motel and across over there on the
other side? Did you have any occasion to do
that that day that you recall?
A. I did not. On that day I had to
leave to maintain what we call our
information center. What I had to do was to
receive the information from around the city
from our various locations where we thought
the strategic information that told us what
was happening with the strike itself, with
the plans for events and activities, in
preparation for the strategy team's meeting
and that sort of thing.
Q. All the time that you were at the
hotel and the going and coming, do you ever
remember seeing anyone in that brush area
there across from the hotel? Do you ever
recall any activity, seeing anyone in that
area?
A. No, I did not see anyone in that
area.
MR. GARRISON: Dr. Smith, I had
hair once like you. Thank you.
THE COURT: Any redirect?
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MR. PEPPER: Very briefly, Your
Honor.
THE COURT: Go ahead.
REDIRECT EXAMINATION
BY MR. PEPPER:
Q. Dr. Smith, do you know where Merrell
McCullough is employed today?
A. I understand he is employed at the
Central Intelligence Agency out of Langley,
Maryland.
Q. Langley, Virginia?
A. Virginia.
MR. PEPPER: No further
questions.
THE COURT: All right. You may
stand down, Dr. Smith.
(Witness excused.)
THE COURT: All right, ladies
and gentlemen, we're going to take our lunch
break at this time. We'll resume at two
o'clock.
(Lunch recess.)
THE COURT: All right. Bring
the jury out, please.
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(Jury in.)
THE COURT: All right,
Mr. Pepper. Call your next witness.
MR. PEPPER: Thank you, Your
Honor.
Plaintiffs call in Charles Cabbage.
CHARLES CABBAGE
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
Q. Good afternoon, Mr. Cabbage.
A. How are you doing, sir.
Q. For the record, would you state your
full name and address, please.
A. Charles Laverne Cabbage, 1942 Florida
Street, Number 6, Memphis, Tennessee.
Q. Thank you very much for coming down
here this afternoon.
A. You are perfectly welcome.
Q. We've heard testimony earlier about
the Invaders and the background and the
purpose of the organization and all of that
detail.
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What I want to do is I want to move
on with you. Would you tell us what your
position was in the Invaders around the time
of 1968?
A. Around 1968 -- first of all, let me
try to clear something up here as far as the
name "Invaders" goes. My title was execute
secretary of the Black Organizing Project,
which was a project that we had put together
and made up one of the groups we organized.
The press actually just gave us the name
"Invaders" and it kind of stuck. You know,
it kind of stuck. A lot of people can kind
of relate to that.
Generally we were referred to as the
Invaders about, but actually my title was
executive secretary, Black Organizing
Project.
Q. What was your role in the Black
Organizing Project and that group in
particular?
A. Well, basically training street
organizers, going on to campuses, trying to
set up various and different groups,
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educating, trying to empower black people
basically, trying to make an impression on
the structure, the power structure, as it was
at the time, generally raising the
consciousness of black people at that time
period. We were basically facing difficult
times.
Q. Consciousness-raising activities?
A. Absolutely.
Q. Now, when the march Dr. King led on
the 28th of March broke up into a riot, did
you and any of the members of the
organization meet with Dr. King shortly after
that?
A. We did. We met afterward. We had
made an effort to meet with him before then,
before the march. There were many
indications that there was going to be a
serious problem, but we were unable to reach
him at the time.
After the riot occurred, we made an
effort to meet with him then. We knew he was
staying at the Rivermont. That was public
knowledge at the time. So a group of us we
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met out at John's apartment out in south
Memphis and we decided that we best go over
there and try to get a chance to talk to him
and let him know what the situation was, what
he had walked into.
Q. Some of you went along to the
Rivermont to meet with Dr. King. Would
that -- when would that have been? Would
have been the day after the riot?
A. You are going to have to help me here
with these dates and times here. We're
talking about a long time ago. As near as I
can recollect, I think it was probably been
the next day.
Q. The riot took place on the 28th of
March. You would have met with him on the
29ing of March?
A. Probably. Probably.
Q. When you went to the Rivermont to
meet with Dr. King after this disruption, did
you notice any security at the Rivermont for
him that the point?
A. No. It was nonexistent. It is kind
of strange you should ask that question,
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because when we decided to go, that's the
first thing we thought about, how were we
going to get past the security, because we
knew that there would be some.
So one of the fellows that was with
us at the time, he said, well, we'll try and
see if we can't get through the back door.
We walked through the back door. Lo and
behold, the back door came straight open, I
mean, no problem at all. We walked right
into the door, upstairs to his room, knocked
on the door, never saw a soul, no one.
Q. You went directly up to his room?
A. Directly.
Q. You knocked on the door?
A. Yes.
Q. Was there any security inside the
room?
A. No security.
Q. Who answered the door?
A. I think Reverend Abernathy answered
the door. No, wait a minute. Let me get
this straight. Was it Bernard Shaw that was
with him at the time. You have to help me
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here. I think Bernard answered the door
because I think Dr. King was in the bathroom
putting on his tie. I think Reverend
Abernathy was standing in the background.
I introduced myself, told Mr. Shaw
my name is Charles Cabbage, I'd like to talk
to Dr. King, I represent the Invader
organization. Reverend Abernathy immediately
said, stop, no, the doctor does not want to
talk to you all now.
At this particular time I heard Dr.
King call out from the bathroom, he said, no,
let him in because I want to talk to him. So
we went in the room and sat down and we had a
nice long talk.
Q. Basically what was the nature of that
conversation?
A. We had brought along some literature,
discussing, you know -- explaining our
position on certain issues, describing our
organization, its structure, some of our
goals and objectives.
We were really trying to demonstrate
to him that the rumors that had been spread
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about us were untrue and unfounded, that we
were really not out to create any kind of
disruptive behavior in the City of Memphis,
that we were really about basically, like I
said, consciousness-raising, introducing the
concept of the empowerment of black people at
the time generally referred to as black
power. That was almost a criminal offense at
that particular time.
We felt there was some work that
needed to be done. In the process of
presenting our literature to him, we also
presented parts of a program that we had put
together that we wanted to try to establish
into the community called the Community
Unification Program. We were seeking funding
at that particulars time.
But the conversation never really
got into the literature itself. They looked
it over and went immediately to the march and
what happened.
Q. How did Dr. King react to this
conversation that you had with him?
A. Dr. King was hot hostile. He was
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positive all the way. His first reaction
was, and it kind of shocked me in a way,
because I was expecting him to be hostile and
I was expecting him to be a bit defensive,
you know, because the information that he had
received was that we were opposed to
everything he stood for, and the first
question he asked me was, you know, Brother
Cabbage, why did you all do this to me? I
explained to him, I said, Doc, we did not do
this to you.
Our intention from the very
beginning has been, first of all, we did not
want you to come here because we had been
organizing around -- we had been organizing
around not a non-violent theme at that
particular time. For him to walk into
Memphis trying to lead a non-violent
demonstration on the occasion we're talking
about was just walking into the jaws of a
tiger. It was in our best interest as well
as his for him not to be here. We wanted him
not here.
So we weren't able to accomplish
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that, because we really just didn't have the
voice that we wanted in the meetings and
strategy sessions that were being held at the
time that was controlling the sanitation
strike and those events.
Q. There came a time as a result of this
meeting and other discussions that your
organization came to agree to work with
Dr. King in terms of the following march, the
next march that was planned?
A. All this was discussed -- all this
came about that day in that meeting, because,
know, after I had told -- I don't want to
make it sound like I'm giving Dr. King
advice, but I tried to inform him as best as
I could of what the situation was, the
volatility of the situation and some of the
things that he could do to be able to come
into Memphis and be able to have a
non-violent demonstration.
I let him know that we had been
organizing around counter-themes for at least
a year, that a lot of people were aware of
it, and in order for him to be able to pull a
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successful non-violent march off here in
Memphis, that he needs to pull up all the
way, go back to Atlanta, reorganize, send in
some workers to begin to teach non-violent
doctrines and discipline, because in order to
be able to do and accomplish what they were
setting out -- what they were attempting to
do would take some serious training.
Q. When you met with him and were
agreeing to work together, you took up
residence in the Lorraine Motel as a means of
a place for working with him for manning the
second march. Is that right?
A. His suggestion was one of the things
we need to do then was probably try to work
together. He said, what I will do is we will
go back and I'll send some people in and
we're going to put you and maybe some of your
people on the staff. We agreed immediately,
you know.
From that point on we decided when
they came back, they were contacted. When
they came back, I don't remember the exact
time line on this, but we took up in the
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Lorraine Motel, we took the two rooms on the
top floor, the right-hand side of the
building.
Q. Do you know how many people were in
those two rooms?
A. We just had the two rooms. At that
time we were young. They just stayed full
all the time.
Q. Those rooms were on the balcony
level, the upper level?
A. Balcony level, yes.
Q. The same level on which he was
assassinated?
A. Yes.
Q. Did there come a time when you were
asked to leave those rooms?
A. Yes.
Q. When was that?
A. This was after the third meeting that
we had had. Let me try and explain this.
After the organizers for SCLC had come to
Memphis, had come back to Memphis after Dr.
King had left, Reverend Orange, Carl Reader
(Phonetic) and some of the others at that
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time, we began to go out into the community
and have workshops.
So we began to get to be quite
friendly. We got along well. So when Dr.
King came back, we began to meet downstairs
in the dining room. We had two meetings
downstairs in the dining room. We had one in
his room. And in the meeting we were
discussing how we would be able to pull the
march off.
And one of the things that we had
decided that would be necessary would be that
the Invaders would be involved in actually
marshalling the demonstration. I had
problems with that initially because I didn't
think I could sell that to the group. So
when I took this back to our board up on the
second floor where we were staying, we had
heated arguments about it, but eventually got
this over to the entire group and we agreed
to marshal the parade. This is after the
second meeting we probably -- finally came to
a decision and we were on board to act as
marshals.
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Q. You were on board after the second
meeting?
A. After the second meeting we were on
board.
Q. After the third meeting somehow you
were told to leave the hotel?
A. Now, John had to remind me of this.
After the second meeting after we had come to
the conclusion that we were all going to work
together on this, that we had as much at
stake in it as they did, so, therefore, it
would be the right thing for us to do, we had
sort of an impromptu meeting in Dr. King's
room where we had some final points to work
out. That meeting lasted maybe about five to
ten minutes. We go back to the hotel, to our
rooms, and we discussed it a little bit, and
we sat around, and here comes a knock on the
door.
Q. There was a knock on the door?
A. Yeah.
Q. This was on the 4th of April?
A. Yes.
Q. On the day of the assassination?
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A. Yes, sir.
Q. What time was this knock on the door?
A. It took us about twenty minutes to
clear the room.
Q. So it took you twenty minutes to
clear the room?
A. Uh-huh.
Q. What is the significance of that?
What time does that make it?
A. We weren't really keeping no watch or
time on this. We weren't really watching the
clock per se. But from some of the things
that I read from some of the investigations
that had been carried out since then, I think
we left out about ten until six or eleven
until six or something like this.
Q. You were told to leave?
A. Yeah.
Q. Sometime within a half hour,
thirty-five minutes, of the killing you left?
A. Uh-huh.
Q. You left at ten minutes to six, which
is about eleven minutes before the killing?
A. See, this is did --
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Q. Somewhere in there?
A. I always felt that as we were pulling
out -- it took us a little while to get
organized to get out of the room. There were
quite a few of us there. We got out as
quickly as we could. We weren't ready to
go. We were there all day for meetings and
everything.
There was only one car there, that
was mine. We threw things in the car, got in
the car. As soon as we got in the car and
drove up Mulberry, this is when I heard the
shot.
Q. Very shortly after you --
A. Before I could make it to Main
Street.
Q. Why were you asked to leave the motel
within minutes of the killing?
A. There is a lot of conjecture on
that. I do not know. I mean, it is
illogical. It doesn't make any sense.
Check-out time is the next day.
Q. Was your room paid for through that
evening?
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A. Yes. I mean, SCLC was taking care of
the entire bill.
Q. So they had paid for it through the
evening?
A. I don't know what their records
indicate, but I would assume if they had
already rented the room, you know, then --
they don't rent them by the half day. It was
just a totally illogical move. It didn't
make any sense.
Q. Who gave the orders for you to leave
the motel?
A. Izzy answered the door. I wouldn't
have been the one to answer the door. Izzy
answer the door. Izzy, from my best
recollection, says that one of the maids had
come by to clean the room and asked us to
leave, they said that you all would have to
leave.
Next came Reverend Orange and came
in and explained to us that, hey, man, you
all will have to leave. Nobody asked why
because -- you know, we had feelings that
there was something very, very wrong because
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it was sort of a surreal kind of a day. But
we had no inkling that he would have been
assassinated that afternoon.
Q. He was assassinated within a very few
minutes of your being told to leave. Did
anyone ask the maid who gave the instructions
for you to leave?
A. Not to my recollection. Not to my
recollection. Nobody asked her that. I
asked Orange why we got to leave.
Q. And what did he say?
A. My best recollection -- I don't know
how to put this. Jessie said you got to go.
Q. Jessie?
A. Yeah.
Q. Jessie Jackson said you had to go?
A. Yes.
Q. Was Jessie Jackson a person who
worked closely with your organization?
A. No, no.
Q. Who were the SCLC people who worked
closely with you?
A. Carl Reader and Orange.
Q. Why would Reverend Jackson be the one
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to give you instructions for you to leave?
A. I never questioned that. I assumed
by him handling the money it was a clear-cut
decision for him saying -- the way it came
down, we were not paying for the room, Jessie
was not authorizing payment for the room
anymore, so you all have to leave.
Q. They already had paid for the room
apparently?
A. This I realize now, but at that
particular time we never knew how serious
these minutes and seconds were, you know, to
a significant historical event. I mean, in
hindsight we can see these things, but as
they occurred, you know, who would take time
to remember anything like that and write it
down or jot it down.
Q. So, Charles, I put it to you your
testimony this afternoon is that you were
asked to leave late in the day close to the
time of the killing, you did leave --
A. Yeah.
Q. -- and then you heard the shot within
a short time after you left?
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A. As soon as I pulled off the lot and
made a right turn, got beside the fire
station, the shot rang out. We all ducked
down in the car. Normally we would make a
right turn to go down to Beale Street and
turn left to get on the interstate. This
time when we heard the shot we immediately
began --
See, we had a different route from
leaving the hotel. At night we would take a
different route because of the police
surveillance around the hotel at night. So
we took a left turn, took Calhoun, went
toward the river, took a back street to
Florida street, got to Crump, went back over
to Castle, I think it was, and went over the
railroad tracks and back alleys and made it
all the way to south Memphis.
Q. Did you notice any security, any
police presence or security, in the motel
late that afternoon before you left and after
you left?
A. Not at any time.
Q. I'm sorry?
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A. Not at any time.
Q. You didn't notice any security?
A. There was none. There was never any
security, never.
MR. PEPPER: No further
questions, Your Honor.
CROSS-EXAMINATION
BY MR. GARRISON:
Q. Mr. Cabbage, I have two or three
questions I would to ask you if you don't
mind.
Before this date of April the 4th
when you were asked to leave the room, did
you ever learn of any threats against Dr.
King? Was it common that you heard any
threats against him?
A. Yeah.
Q. Was it a pretty much common
day-to-day thing?
A. No, this was a direct knock on my
front door to my house, which made it even
more expedient for us to try and get to him
and let him know. There was a gentleman that
knocked on my mother's front door. We were
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sitting in the house.
He came inside and introduced
himself. He was from South Africa. He came
in and sat down, sirens wailing, fires going
off all over the city, curfew on.
This man came into our house, sat
down and talked to me and told me, said,
Charles, I'm going to tell you something,
they are going to kill Dr. King in Memphis.
I done about passed out.
Q. Is that the day before the
assassination?
A. I can't recall that date. I really
can't.
Q. Was it the general feeling of the
Invaders that it was unsafe for Dr. King to
come here to Memphis?
A. Absolutely.
Q. You didn't want him to come here?
A. No, we did not.
Q. Is that because it was not safe to
come?
A. It was unsafe, and we knew that
because of the position that we had taken
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politically that if anything went wrong, that
we would be the one to blame for it.
Q. They would blame it on your group?
A. Absolutely.
Q. Did you recall a gentleman in your
group named Merrell McCullough?
A. Yes, I do.
Q. What part did he play with your
group?
A. Merrell first came into the
organization because of the activities that
we were conducting out at Memphis State. We
were organizing the Black Students
Association out there. Merrell I think was
attending classes out there. I think John B.
Reddin told him.
He was interested and wanted to
learn more about the condition of black
people in this condition, so John brought him
to the apartment where we were generally
holding these meetings, which were generally
open to anybody who wanted to attend, they
could come. And Merrell came.
Q. The day that you were organizing in
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the room before the assassination,
Mr. Cabbage, was Merrell McCullough there,
was he one of the ones?
A. No, he was not there. He was with
Reverend Orange.
Q. Do you know where Merrell McCullough
was when you left the room that day?
A. He and Reverend Orange gone out
shopping or something like this. We knew
that he was the police, but what can you do
about this. You know you are going to be
infiltrated. We made him minister of
transportation. He had a car. We gave him
something to do.
Then when we made the alliance with
SCLC and began to work with SCLC, he came
along with the group. So now he is moving
driving people around, some of the SCLC staff
people around. It is just of the one of the
quirks the way things happened. He ended up
driving the SCLC staff around. We did not
know he was as highly connected as he was.
Q. Let me ask you this: You said you
were ordered to leave sometime late that
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afternoon before six o'clock?
A. Yes, sir.
Q. Did you see Reverend Jackson at the
motel before you left?
A. Yes, he was at the meeting.
Q. Late that afternoon?
A. We met during the day. If you want
to go into the event, we can talk about the
meeting, but he was there at the hotel that
day. As a matter of fact, he was the last
person we saw as we left the meeting. He was
standing down by the pool.
Q. He was down on the parking level,
lower level?
A. Uh-huh.
Q. And did you see Dr. King talking to
reverend Jessie Jackson?
A. Not at that time, no.
Q. Mr. Cabbage, let me ask you this:
You were in the room facing the street over
across from the rooming house across there,
weren't you?
A. We were right by where the pool used
to be.
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Q. Did you ever look over there and see
in the brushy area where it was raised up off
the street with a concrete barrier, I think
it is, and a lot of trees, did you ever see
anyone in there moving around in the bushes
that you could tell?
A. No. I never really paid any
attention to it. We were constantly moving
around, our people, because we provided our
own security, and no reports ever came to me
that we ever saw anything or anybody at that
particular time.
Q. When you heard the shot the day that
it occurred, did you go back to the scene or
did you go ahead and leave?
A. We immediately went to Riverside
Community. We got stopped once by a police
officer, a young guy. I don't know who he
was. He was nervous. He talked to us and he
let us go. That took about five minutes.
We went directly to my mother's
house. She come running. As I pulled up in
front of the house, she is rushing down to
the house crying, screaming to the top of her
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voice, they just shot Dr. King, they just
shot Dr. King.
I immediately began to think, oh, my
God, how far is this going to go, because we
were aware that the assassination plot was on
because of the fellow that had come to my
house. So what I did was I got out of the
car and turned the car over to some of the
other people in our organization, sent it
back down to the hotel to see in the event
anybody else would be targeted, if we could
be of any assistance security-wise. We
weren't trained professionals or anything
like that. Anybody in a situation like that
would try to help.
MR. GARRISON: That's all I
have. Thank you, sir.
REDIRECT EXAMINATION
BY MR. PEPPER:
Q. Mr. Cabbage, do you know who the man
was who came into your home and told you that
Dr. King was going to be assassinated?
A. He introduced himself as John Laue.
Q. I'm sorry?
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A. He introduced himself as John Laue.
Q. John Laue?
A. Yes.
Q. How do you spell his last name?
A. I didn't ask for a spelling, but
there was another John Laue present at the
hotel who spelled his name L O U E, I think,
but, you know, this man was an entirely
different -- a totally different description.
Q. Was there man black or white?
A. He was Middle Eastern, long brown
hair. I'd remember him again if I saw him.
I never saw him again.
Q. Did you know him previously?
A. No. Never seen him before in my
life.
Q. Never seen him before in your life?
A. No.
Q. Could his name have been spelled
L A U E?
A. Something like that. I may have the
spelling wrong. I didn't ask him how to
spell his name is what I'm trying to say. I
do remember him saying that his name was John
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Laue. I do remember that.
Q. Did you ask him how he knew there was
going to be an assassination?
A. He just said he knew.
Q. He just said he knew?
A. Yeah.
Q. You didn't ask him how he knew?
A. No.
Q. Do you know where he was employed?
A. He said he was a photographer a
freelance photographer, a journalist.
Q. Freelance photographer?
A. Freelance photographer journalist
from South Africa.
Q. Was his first name John or Joseph?
A. I'm saying that he said he introduced
himself as John Laue.
Q. Charles, was it routine practice for
some of the Invaders to carry weapons?
A. Yes, sir.
Q. And why would they carry weapons?
A. Basically for protection.
Q. Protection against whom?
A. Well, it was a hostile environment we
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were working in. We had numerous
confrontations with the police. There were
armed bands of white citizens who rode around
in the community with high-powered rifles in
their car. Some of us had been shot at
before. It was basically for self-defense.
Q. When you saw Reverend Jackson
standing down at the swimming pool, was he
doing anything?
A. Well, he said -- he had his arms
folded and checking the time seeing how long
it would take us to get out of the hotel.
Q. He was looking at his watch?
A. He was checking it.
Q. Lastly, did you have the occasion as
a result of your suspicion of a white person
who wanted to associate with the Invaders to
go through some personal documents of that
person?
A. That was an incident that occurred.
This was a year prior to. A gentleman with
military intelligence -- we used to hang out
at a place called the Log Cabin. This is
where we used to meet on South Parkway. This
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guy come stumbling in drunk, strange in the
first place, because he had to be nuts being
there in south Memphis at this particular
time anyway.
He comes into our meeting room. He
was immediately stopped, frisked and robbed.
In the process of being robbed, somebody took
his wallet. In going through the wallet, we
found a military intelligence ID and three
dollars.
Q. And three dollars?
A. Three dollars.
Q. You found an identification card with
military intelligence officer?
A. Yes, I did.
Q. This was about a year before the
killing?
A. Uh-huh.
Q. This would be then in 1967?
A. 1967, yes. Yes, sir.
MR. PEPPER: No further
questions.
THE COURT: All right. You may
stand down, sir. Thank you.
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(Witness excused.)
JOHN McFERREN
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
THE COURT: Sit back and relax.
THE WITNESS: Yes, sir.
THE COURT: Thank you.
Q. (BY MR. PEPPER) Good afternoon Mr.
McFerren.
A. Glad to be here.
Q. Thank you for coming. Would you
state your full name and address for the
record, please.
A. My full name is John McFerren,
spelled J O H N, capital M C F ER R E N,
McFerren.
Q. And your address, Mr. McFerren?
A. 7615 Highway 195, Somerville, spelled
S O M E R V I L L E, zip code is 38068.
Q. Thank you. John, would you just tell
the Court, please, and the jury a bit of your
background, how you come to be where you are
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today.
A. First of all, I'd like to say my
granddaddy was brought here five years before
the Civil War in chains. He was a slave.
And lesser than a mile and a half from the
store, the record will show in 1867 he gave
seven dollars and a half for four hundred
acres of land. We have some of that in the
family yet.
Q. John, did there come a time in 1959
or 1960 that you became involved in civil
rights activity, voter registration activity,
in Fayette County and the area of Somerville?
A. Well, I'd like to please the Court to
go back a little bit further than that how I
got deeply involved. I met Gerald Estes in
Camp Ellis, Illinois, and later I met him
again in 1957. In 1957 he was a young
practicing attorney. He came to Somerville
to defend Burton Dotson.
Q. John, what opposition did you meet
when you started, though, moving -- I'm
moving forward -- when you started the voter
registration project in Fayette County?
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A. According to the way I got the
records together, before 1960 there was no
negroes registered to vote in that county.
In 1957 me and Mr. Estes and the others got
together. He was the legal counsel. We
formed a league called the Fayette County
Civic & Welfare League to set out to get
negroes registered to vote.
At that time the negroes didn't have
no chance, and the law, they would pick them
up, sentence them, and put them out on the
road, and a negro didn't have no chance. The
only way we could figure out to change that
landscape was through the ballot box.
Q. What did you do?
A. We formed this group. It was the
first -- around about April or May in 1959 to
get the negroes registered to vote. We got a
small majority of negroes registered, and we
had a local sheriff election. The local man
that we was supporting was named L. T.
Redbanks. He run for sheriff against the
local sheriff. The Democrat party refused to
let us vote.
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That's how it got started. That's
how it got started. When they refused to let
us vote, on August the 12th, 1959, Gerald
Estes filed a suit against the Democratic
party asking for us to have the right to cast
our ballot.
Q. What happened as a result of that
action?
A. Well, that was in 1959. In 1960, the
early part of 1960, we was still pushing to
get negroes registered to vote, and the local
editor of the Fayette Falcon was named
Coaster. The wavy understand it, the
Commercial Appeal man name here was named
Coaster. They was kinfolks.
When we got it going, he put an ad
in the Fayette Falcon and the Commercial
Appeal that they was going to make a thousand
negroes move off the land in 1960, that
winter.
During that time in 1960, if you
registered, you had to move. The leaders of
the movement, the citizen council and the
Klu Klux Klan, they had a list that later
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that we got ahold to it through by borrowing
it from the Klu Klux Klan's secretary. Ebony
magazine published the list. We got ahold of
it, forwarded it -- we got a photostatic copy
of it, and the made carried it back and put
it in the safe and they never knew how we got
the list.
The list in this Ebony magazine had
all -- had A's behind it, that you couldn't
buy nothing nowhere. I was the leader of the
group, and they run me out of every wholesale
house in Memphis.
Q. Now, this was an embargo list, this
was a list of people who no wholesale house
should sell any products of any sort. Is
that what you are saying?
A. Wouldn't sell them for money at no
price.
Q. Moving on now, John, what kind of
business were you in, what kind of business
did you take over?
A. Well, my brother, he had the store.
And he had an education and always followed
saw mills and such. He said, I'm going to
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move, I'm just going to leave. He thought he
was the one that was behind the movement all
the time, and I was the one who was
spearheading the movement with the people.
He moved to Memphis and left them
out there. When he moved to Memphis, then
Gulf Oil Company, they jumped in the
squeeze. In 1960 no oil company would sell
no black farmers no gasoline, no oil and no
seed in 1960.
It was a liberal at Eades named Ben
Roafer. He told all the farmers to come down
there to him and he'd sell them what they
want. He had more business than he could
look at.
During that time I made friends with
the underworld. What I mean by the
underworld, they run me out of every
wholesale house in Memphis but Malone &
Hyde. The bread companies wouldn't sell
nothing to me. There was a young bread man
who said, tell you what you do, you meet me
out there on Summer Avenue and I'll sell you
off the bread off the truck.
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I would come to Memphis and meet him
on Summer Avenue in Memphis in a 1955 Ford
car. That's what I had. I would come to
Memphis and meet him on Summer Avenue and get
bread. They Klan would get after me every
night or two.
I had -- which I'm a top mechanic
myself on the old models. To make a car run
fast and turn curves faster, if you noticed,
a 1955 Ford has got a solid frame in the
front. We took the torch and cut two inches
out of the frame in the front. That brought
the front wheels in and let the back wheels
be wider, and we had chains on -- see, a 1955
Ford has got straight springs behind it.
That let the car wheels up when it would go
around a sharp curve, it would slide around.
At that time, which I could see a
nail in the highway now, at that time my
vision was better and I could drive just like
I was standing still, and when they'd get
after me, I'd cut over in them back roads,
and them new cars couldn't turn good like
me. At that time wasn't no two-way radios in
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cars. During that time we had Tent City
going.
Q. John, let me stop you there. Would
you just tell the Court and the jury what
Tent City was?
A. Tent City, we went to Washington, and
me and my attorney, Carrie Porter Boyd and
one other guy. At that time this was under
the Eisenhower Administration, and they filed
an injunction against the landowners from
stop making the tenant farmers move. And
this was under the Eisenhower
Administration.
That was in 1961. President Kennedy
got elected in 1961 in November, and he took
office in 1962.
Q. Well, John, let's back up a minute.
It is a historical fact that John Kennedy was
elected in 1960, took office January 20th of
1961. So it is a year back.
A. A year back. I'm just --
Q. That's okay. Continue.
A. And during that time that I was
leading my folks and all this was -- we'd
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have meetings to discuss it, and I decided
the only way to be successful in political
ranks would be independent from the citizen's
council and the Klu Klux Klan.
What I mean by being independent,
stay out of the Klan's pocketbook. When you
borrow money from the Klan, he squeeze up on
you in a minute.
Q. John, what kind of business do you
run today?
A. I run a grocery store and oil
company.
Q. How long have you run that business?
A. I've been running that business since
1960.
Q. That's when you took it over from
your brother?
A. That's when I took it over from my
brother. But now let me run back back just a
second. Shaw, a fellow named Shaw, bought it
from my brother first. He stayed in it about
a month and a half. Because of me going into
the business after then -- there was an
eighty-three year old man named John Lewis.
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He said, John, he says, they will starve us
to death, we need somebody in that business
who knows how to do and feed us.
At that time a test was going. If
you get Jet magazine, you can see some of the
people were so poor, they were starving. Of
course, you take most of the people at that
time, they had never been nowhere or no-how
to maneuver out of oppression.
The Jet magazine published some
pictures how poor the folks were at that
time.
Q. In Fayette County?
A. In Fayette County.
Q. Let's move on. You have run this
business all these years?
A. That's correct.
Q. How many days a week is your business
open?
A. The onliest time -- at that time the
business was -- we were running seven days a
week. I had a family. But after I lost --
the Klan tore my family up. I only shuts it
up when I go to pick up merchandise.
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Q. Now, where do you buy your
merchandise?
A. All over Memphis.
Q. Where have you always bought your
merchandise?
A. Well, I bought all over Memphis. I'd
buy from Frank Liberto's Produce, I'd buy
from the meat houses, Morrell Meat Company,
Fineberg Meat Company. I know every one in
Memphis.
Q. You sell produce and meats as well?
A. That's correct.
Q. And you sell fuel oil and gasoline?
A. That's correct.
Q. In 1968 where did you buy your
produce?
A. From on market street.
Q. Was there a market there?
A. There was a market there when I first
started coming there.
Q. What did you buy at this market?
A. I'd buy -- on that street, the street
runs north and south, and on that street, the
banana house, the tomato house, and Frank
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Liberto sold most of the produce and
sometimes bananas.
Q. So you bought produce from a
warehouse run by --
A. Frank Liberto.
Q. -- a man framed Frank Liberto. In
1996?
A. That's correct. I did before then.
See, I knew him way before then. Around
about 1960, 1960 or 1961, I got to know him
real well.
Q. How many years had you been buying
produce from Mr. Liberto?
A. Since 1906 or 1961.
Q. Since 1960 or 1961 he ran that
warehouse?
A. He was there then, but I didn't know
his name. When I first started going there,
I didn't know his name like I did later.
Q. What day of the week -- do you recall
what day of the week did you go to pick up
your produce in the year 1968?
A. It was on a Thursday, around
five-fifteen.
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Q. So you would -- why would you go
there around five-fifteen every Thursday?
A. Well, you've got to understand how I
made the runs. I first started with Malone &
Hyde on south -- Malone & Hyde was on South
Parkway.
Q. Right.
A. I'd make that run, the dry grocery
run. Then I would come on up and I'd have it
to put my meat on ice and produce on ice.
I'd make them's two places my last pick-ups.
Q. So Liberto's warehouse was your last
pickup?
A. Was the last pickup.
Q. You would get there around
five-fifteen?
A. I got there that day at five-fifteen
exactly.
Q. We're coming to that day. April 4th
was a Thursday, the day Martin Luther King
was assassinated was a Thursday.
A. That's correct.
Q. Did you go to Frank Liberto's place
that day?
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A. I went there that day.
Q. You arrived there at what time?
A. Around five-fifteen. Now --
Q. Would you describe what the layout of
the place was and what you did when you
arrived at that warehouse?
A. That warehouse faced east and west,
but you enter in the gate on the south side,
and when I drove around to the north side and
come up about fifteen feet of the door, I
stopped my truck. At that time I had a
three-quarter ton pickup truck with a canvass
on it, a cloth canvass over it.
Q. Okay.
A. When I drove up to the -- when I
stopped the pickup truck out in front of the
door, this door is on the north side, and
there is a big door that could you rollback
and back a truck up in.
Coming in from the north side on the
right side there is a little small office,
and when I got within ten to fifteen feet of
this office, why, Latch was standing up.
Q. Who was Mr. Latch?
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A. Mr. Latch had a scar around his neck
like this.
Q. What was his relationship to
Mr. Liberto?
A. He was a handyman. I never did know,
because I was always scared of Mr. Latch.
You see, if you looked at him, he had a scar
from right here to right there, and he would
always be mean, but Mr. Liberto was always
friendly. I wouldn't fool with Mr. Latch. I
would stay away from him if I could.
Q. So you walked in that afternoon, into
the entrance and the office. You said you
were how far from the office?
A. Ten to fifteen feet.
Q. Ten to fifteen feet from the office?
A. That's correct.
Q. Then what happened next?
A. The phone rang. When the phone rang,
Latch picked it up. When Latch picked it up,
Latch said, that's him again. He give it to
Mr. Liberto. Mr. Liberto said, shoot the --
Q. You can just say what he said.
A. Shoot the son-of-a-bitch on the
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balcony. Well, at that time they didn't have
noticed me. I was just standing up a little
closer to them just looking.
I was a cash-paying customer. He
would always tell me, you go get what you
want and come by the office and pay for it.
If the warehouse hadn't been changed, the
doors, you have a line formed going in there.
Q. Let's go back over what you saw. You
heard Mr. Liberto talking on the telephone?
A. Telephone.
Q. Around what time of the day was this?
A. I'd say that was around five -- ten
minutes after, five-fifteen, around five
twenty-five, not quite five-thirty.
Q. Five twenty-five to five-thirty you
heard him talking on the telephone?
A. Telephone.
Q. He received a phone call. What did
you hear him say once again?
A. Shoot the son-of-a-bitch on the
balcony.
Q. Shoot the son-of-a-bitch on the
balcony. Then what happened after that?
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A. Then he looked around and seen me.
Then they said, go on and get your
merchandise.
The locker is made with two doors,
you open one door, then you walks in and open
another door. I went on in and got my
merchandise, come on back out. Then when I
was coming back out, the phone rang again.
Latch picked it up and give it to
Mr. Liberto. And Mr. Liberto told him to go
to his brother in New Orleans and get his
$5,000.
Mr. Liberto wrote me a ticket. I
never would buy nothing from nowhere without
a bill. He give me a bill. I took the bill,
put my merchandise in the truck, then I went
on the back side of the company out on that
street and I come around to hit Summer Avenue
and hit old 64 home.
When I got home, my wife called and
says, do you know Dr. King done got killed?
I says, I know it. It all come back to me in
my mind what I had heard. That's what I told
her, I know it.
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Q. John, did you tell this story at that
time to anyone?
A. I didn't tell it to no one until it
got to worrying me, I wondered what they know
I heard. You know, when you gets kind of
itchy -- that was on a Thursday. So on a
Friday or Saturday, no later than Saturday
morning, Mr. Baxton Bryant, who was a Baptist
white minister that I know in Nashville, I
called him and told him what I had heard.
So that Sunday evening he said,
John, I'm in church now. Says, I'll be there
about four o'clock tomorrow evening. When he
came down about four o'clock that Sunday
evening, we talked it over, and in meantime
he had contacted Mr. Lucius Burch's
son-in-law to meet me and him with the FBI
down here in Memphis.
Q. And did you have a meeting with the
FBI and any local law enforcement people in
Memphis on that Sunday?
A. Well, that night, that Sunday night,
we met with the FBI. Now, I didn't know
whether or not that they was local police or
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somebody else. But the only somebody I know
was the FBI -- one was a tall and one was a
lower.
Q. Did you tell them this story, these
details?
A. I gave them the same details. They
questioned me two or three hours over the
same thing, the same thing. They questioned
me two or three hours over the same thing.
Q. Did you give these details to them on
any other occasion?
A. That Monday, two little young FBI
come out to the store and stayed there half a
day questioning me the same thing. So that
Tuesday Robert Powell from New Orleans come
there, which he used to run a store out there
on 64 highway, and I wasn't at the store when
he came, he -- the lady where I hide was
named Ms. Ida Mae. The record will show that
in my deposition with the FBI. She told them
that I was at the house. So Robert -- I
stayed about an hour and a quarter from the
store.
Robert Powell drove on out there to
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the house, and when he come out this to the
house -- I knowed him -- I never did have no
dealings with him, but I knowed him, and he
come out there to see me, and he talked with
me, and at that time he had a big Gulf
station in New Orleans tied up with the
Mafias, I know it.
I wouldn't say much to him, but the
onliest questions he asked me was how to get
to my house from the back roads. It jumped
curious in my mind that all this done
happened and he wanted to know how to come to
my house through the back roads.
Q. John, you told this story. What
happened as a result of your giving this
information to the officials?
A. Well, in the meantime, Hal Flannery,
which I've got his phone in my pocket right
now, he was in the Justice Department. Of
course, he had been working with us on the
landowners' case.
I called him that Tuesday and told
him about Robert Powell had been there and I
was scared of him. See, when you buy from
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groups, you begin to know who is who.
Q. Who has happened as a result of the
information that you gave the officials? Has
anything happened in succeeding years?
A. First of all, Dean Milk Company run
my mama down, caught her on the road, run
over the truck. After then they hired Marion
Yancy and Rue Grady hired the Andersons to
beat me up, beat me to death. And they give
a 1961 Pontiac and three hundred fifty
dollars to beat me to death.
They got out at the courthouse and
run me in Ms. Fair Theater's yard. That's
the person who owns the theaters in
Somerville now. They still own it. When we
was fighting in the yard, she come out there
with her gun, said, if you all don't quit
beating him, I'm going to kill you.
Q. John, were you put in the hospital as
a result of that?
A. Well, I come to my family doctor --
and I'd rather not discuss his name, because
something else I'm going to bring out, I
don't want any reprisals against him -- I
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come to my family doctor, and by my
grandparents on my daddy's side come up in
slavery, I learned a lot about nerve
doctors.
When you take mullet and boil it
down, which mullet has got a little stickers
on, it looks like a catfish, you can boil it
down and take Vaseline and make a salve and
take iodine salt and lay in it and draw a
sweat out. That's what I did. I come to the
doctor. They examined me and said I didn't
have no -- I didn't break no bones.
Q. John, I want to move along because of
the time constraints we have.
A. I understand.
Q. Were you ever asked to go to
Washington and testify before the House
Select Committee on Assassinations and tell
what you have told us here today?
A. Let me bring one other point up.
Q. John, no, stay, please, with me and
answer this question.
A. All right. Gene Johnson came down
investigating for the Select Committee. Me
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and him went over all the records. I
discussed what I know, what I knew with him.
And when the time come for me to if
to Washington to testify before the Select
Committee, he come out there with the papers
for me to sign, and when he come out there
with the papers for me to sign, I noticed
that he had gotten a little hostile towards
me.
Somebody had got, in my opinion, to
him and changed his attitude. That's my
thinking. I signed the papers and got
everything ready. I says, John -- he says,
John, he says, I'll call you before you come
up and testify before the Select Committee.
And the Select Committee was going on.
Two to three days before I was
supposed to go, he called me up and said,
John, we don't need you.
Q. So the answer to the question is that
at the end of the day, you were not called to
testify before the Congressional committee?
A. I was not called.
Q. That's what you heard.
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MR. PEPPER: No further
questions.
THE COURT: Let's take about
fifteen minutes.
(Jury out.)
(Short recess.)
(Jury in.)
THE COURT: All right.
Mr. Garrison.
CROSS-EXAMINATION
BY MR. GARRISON:
Q. Mr. McFerren, you and I have talked
before about all of the things that you
know.
You knew Mr. Liberto quite a long
time, did you, Frank Liberto, over a period
of years?
A. I know him from 1960 up until 1996, I
was in his business once or twice a week.
Q. Okay. After the assassination of Dr.
King, did you ever see him anymore after
that?
A. I never did see him personally after
that.
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Q. Okay. And during the time that you
were around Mr. Liberto, Mr. McFerren, did
you ever hear him mention the name of Loyd
Jowers, ever hear him ever mention that name
to you?
A. Not to me.
Q. All right. Let me ask you this,
sir: After you saw Mr. Liberto when you
would go for your produce to buy it -- am I
correct, sir?
A. That's correct. Ninety percent of
the time he would be there, but sometimes
Latch would be there.
Q. All right, sir. You've lived in
Somerville many, many years, in the town of
Somerville, am I correct, sir?
A. I've been there all my life. The
only time I've been away is when I was in the
Army.
Q. Do you know Mr. Liberto visited
Somerville -- are you aware that he visited
Somerville on occasion?
A. He would -- I wouldn't say every
Saturday morning, but he would visit John
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Wilder's office, which is on the east side of
the courthouse. Now, let me explain this to
you so you'll understand. When the
assassination committee of Dr. King was going
on in Washington, getting ready to go on, he
went to visiting John Wilder's office
regular.
Now, the way I got ahold of it, I
had some of our underground watching. Two to
three weeks before James Earl Ray broke pen
out of Brushy Mountain, I called Washington
and told the Select Committee that they was
going to kill James Earl Ray or something was
going to happen to him.
I talked to Mr. Gene Johnson, which
I've got his phone numbers, I've got
Mr. Flanders' phone numbers in my pocket now,
I've got Mr. Dole's phone numbers in my
pocket now. I was in correspondence with all
of them.
The Justice Department, what I said
before, the Justice Department covered it
up. When I said they covered up the
barnyard, I mean they covered it up. Now, if
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you look at the records, the assistant to the
United States Attorney General at that time
was -- it was under the Nixon
administration. He had a heavy voice. I
talked to him one time. I says, I know Dr.
King's killings, who is in it, they trying to
set me up to get me killed. Mitchell, that
was his name. If you ever talked to him on
the phone, he has got a gross voice like a
bullfrog.
Q. All right. Let me ask you this,
Mr. McFerren: Since all this started and you
started the civil rights movement, have you
ever been shot?
A. I've been shot, I've been beat up
twice. The citizen council and the Klu Klux
Klan hired a man named Benefield, gave him
eighteen hundred dollars to kill me. He got
chicken and didn't kill me.
He sent word to me by Reverend Frank
Jones. He came to my brother's house. He
didn't even know which one of the houses I
stayed in. Myself, Reverend Frank Jones and
Mr. Benefield come down here on Vance. Our
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lawyer's office was at 860 Vance Avenue.
That's Gerald Estes office on Vance.
He filed -- he made an affidavit
with the law and sent it to the Justice
Department that he was hired to kill me. It
hit on a dead ear. Nothing come about it.
MR. GARRISON: I appreciate it.
Thank you, sir.
REDIRECT EXAMINATION
BY MR. PEPPER:
Q. Is it true that almost thirty-one
years ago you told the same story that you
have told to this jury and this Court this
afternoon?
A. That's correct.
Q. And is that story true to the best of
your recollection and knowledge today as it
was then?
A. That's correct.
Q. And have you ever had an opportunity
to tell this story before in a court of law?
A. This is the first time.
MR. PEPPER: John, thank you
very much. No further questions.
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THE COURT: All right. You may
stand down, sir. You can remain in the court
room or you are free to leave.
THE WITNESS: Thank you.
(Witness excused.)
JAMES NATHAN WHITLOCK
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
Q. Would you state for the record,
please, your name and address.
A. My name is James Nathan Whitlock. I
don't want to give you my address to where
everybody can hear.
Q. That's all right. We will pass on
that.
A. Okay.
Q. Have you been a long-term resident of
Memphis?
A. Yes, sir.
Q. And, Mr. Whitlock, what do you do for
a living?
A. I'm a taxi driver, professional
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musician.
Q. And how long have you been a
professional musician?
A. For twenty-five years. Twenty-five
years.
Q. What instrument do you play?
A. I'm a guitar player
singer/song-writer.
Q. Have you played in areas other than
Memphis and Tennessee?
A. Yes, sir. I've played in Las Vegas,
Canada, California, the Bahamas, from one
point all the way -- just everywhere.
Q. So you've traveled a good deal?
A. Yes, sir.
Q. Have you in the course of the time
you've been in Memphis, though, have you
received any commendations or any awards as a
result of civic activity?
A. Yes, sir, I have.
Q. Would you tell the Court and the jury
what those have been?
A. I received Tennessee's outstanding
achievement award from Governor McWhorter. I
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received the concern an Aide De Camp Award
from the other governor, the heavy-set guy.
I can't remember what his name is. I
received a commendation from the city from
Mayor Herenton, stuff from the senator,
letters from -- accommodating (sic) letters
from Vice-president Gore, another letter from
Jim Sasser, U.S. senator.
Q. Did any of these have to do with
saving an individual's life, one or other
persons' lives?
A. Yes, sir, they sure did.
Q. What were those occasions, those
incidents?
A. The first one was pertaining to a
passenger when I was driving a taxicab who
caught a cab up to the Sterick Building
downtown here and decided he was going to
jump off the roof and commit suicide.
A police officer -- I had radioed
for the police to come. It was on top of the
parking garage. The police officer came, and
there was a tussle involved, and they both
fell off the building and I climbed down the
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end of the building and pulled them both in.
That is the first time something like that --
I received some accommodation.
Then one of my neighbors was in a
fight and got his throat cut down the street
from where I lived, and I kept him from
bleeding to death. I captured his assailant,
too. So that was some more involved with
that.
Q. You've been in the right place at the
right time, or depending on how you look at
it, maybe the wrong place at the wrong time.
Did you in the course of your time here in
Memphis in your younger years back in the
1960's come to know a man named Frank
Liberto?
A. Not in the 1960's, no, sir.
Q. When did you come to know
Mr. Liberto?
A. In the late 1970's, approximately
1978, 1979 and 1980.
Q. So you knew him at the end of the
1970's, that's when you came to know him?
A. That's right, yes, sir.
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Q. Would you describe to the Court and
the jury how you come to know him, what the
circumstances of your relationship were?
A. Mr. Frank and myself were friends.
He would come to my mother's restaurant on a
daily basis early in the morning and late in
the evening he'd come back. I spent most of
my time with him in the evening time.
Occasionally he would come there at
lunchtime.
We had a restaurant, an Italian
restaurant, a pizza restaurant, and he would
come and eat breakfast with my mother and
spend the rest the day with me occasionally.
Q. Was the restaurant located somewhere
between his work and his home?
A. Yes, sir, it was. It was located
approximately -- Mr. Frank's -- the Scott
Street Market was about a mile from my
restaurant. The way I understand it, he
lived off of Graham somewhere, and we were
kind of in between.
Q. He had a produce house at the
warehouse at the Scott Street Market?
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A. That's what I understand, yes, sir,
tomato house.
Q. Right. When he -- when you came to
know him, he would stop at the cafe, at your
mother's restaurant, and what would you talk
about? What was there between the two of you
that developed, this relationship?
A. Well, at the time I'd been performing
in Las Vegas, and Mr. Frank, he would come in
and drink beer a lot. I knew how to play a
song, an Italian song, on the guitar called
Malaguena. I used to play him this song. He
used to like what I would play him and he
would tip me money.
Then it got to where Mr. Frank
was -- I had a little small three-piece
combo, and he would book -- he would give me
jobs, such as that, performing. He liked for
me to play music. He would talk about the
old times and where he came from.
He would talk about my relationship
with my mother. I reminded himself of --
myself of him when he was young, how I
treated my mother and how we lived.
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Q. When he talked to you about the old
times or his earlier years, did he tell you
where he lived or -- what experiences did he
describe?
A. He called it the old country. I
remember playing him that song, he used to
lay his head back and would say, yeah, it is
just like I was in the old country, that's
the way they would play it, I like that
song.
That's the only mention of his
origin he ever -- where he came from he ever
made to me directly that wasn't pertaining to
the United States.
Q. Pertaining to the United States, did
he ever discuss any experiences or life when
in the City of New Orleans?
A. Yes, sir.
Q. What did he tell you about his life
there?
A. Well, I asked him some stuff that led
up to him telling me that he had come from
New Orleans, but I had heard that he was in
the Mafia. And I asked him if he was in the
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Mafia. And he didn't say yes or no. He
answered me by saying, I pushed a vegetable
cart in the French Quarter with Carlo
Marcello when I was a boy.
I didn't know what that meant. I
let that go. It went over my head. Years
later I saw the movie the assassination of
RFK or JFK with Oliver Stone, and Mr. Frank,
he talked Italian, and he said, I push a
vegetable cart with Carlo Marcello when I was
a boy. Carlo Marcello, I didn't know what
that meant. Then I saw that movie, and it
said Carlos Marcello, the kingpin of the
Mafia from New Orleans. I said, that's
Carlo, that's not Carlos, that's Carlo.
That's what threw the two together.
Q. So he confided or told you about his
earlier life experience with Carlos Marcello,
the New Orleans Mafia boss?
A. That's correct.
Q. But did you when you first met him
and you heard he was associated with the
Mafia, did you know what the Mafia was at
that point?
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A. No, sir. I asked Mr. Frank what it
was.
Q. What did he say?
A. I asked him, I said, what is the
Mafia? Is it a bunch of bad guys that sit
around and table and scheme up something mean
to do? He said, no, it is a bunch of
businessmen that take care of business.
Q. Now, did there come a time,
Mr. Whitlock, when you heard about a
conversation that Mr. Liberto had with your
mother?
A. Yes, sir. Pertaining to Martin
Luther King?
Q. Yes, sir. Pertaining to Martin
Luther King.
A. Yes, sir.
Q. And did that conversation on the day
of the assassination of Martin Luther King
that he had with your mother, did that upset
you in some way?
A. Yes, it did, in a way it did.
Because that he would talk to my mother
directly about gangsterism, that is what I
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was predominantly upset about. It wasn't the
subject matter of what it was about, it was
the fact that he would think that he could,
you know, go to that level to talk to her
about that. That's what upset me more than
anything.
Q. When you heard about this, what did
you do?
A. I went directly to Mr. Frank about it
when he showed up at the pizza parlor and
just asked him, I said, hey, Mr. Frank, did
you kill Martin Luther King?
Q. Because what had you heard that he
had said to your mother?
A. He told mama that he had killed
Martin Luther King -- had Martin Luther King
killed. I didn't like him talking that to my
mother. I thought he was out of line for
coming forward with that, talking to her. He
could talk to me about it. But he stepped
over the line. So that's when I approached
him.
Q. You became offended and you actually
just went up to him and confronted him?
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A. That's right.
Q. How old were you at that point,
Mr. Whitlock?
A. Eighteen.
Q. As an eighteen-year-old young man,
you went up to this fairly formidable
individual, wasn't he?
A. Define "formidable."
Q. He was good sized, he had an aura of
power about him?
A. He was a big man, yes, sir.
Q. You confronted him by asking him the
question, did he kill Martin Luther King?
A. Uh-huh.
Q. What did he say to you?
A. He glared at me, he says, you've been
talking to your mother, hadn't you? I said,
yeah. He said, you wired? I didn't even
know what he meant by that. I went, no, I'm
not wired.
Q. He asked if you were wired, and you
didn't know what he meant by that?
A. I thought he was talking about -- I
thought he meant am I taking amphetamine
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pills and wired up. I said, no, I'm not
crazy. He sat there for a second.
He says --
THE WITNESS: Your Honor, I
don't want to offend anybody, and I don't
know how many people are watching this
television, but I'm going to have to use
some --
Q. (BY MR. PEPPER) Just speak clearly
and plainly, just what he said.
A. I'm going to use that N word nobody
wants to hear. I don't want to offend
anybody by saying this.
Q. Mr. Whitlock, just say what you know.
A. He told me, he said, I didn't kill
the nigger, but I had it done. I said, what
about that other son-of-a-bitch up there
taking credit for it? He says, ahh, he
wasn't nothing but a troublemaker from
Missouri, he was a front man.
I didn't know what that meant.
Because "front man" to me means something
different than what he was thinking about. I
said, a what? He said, a setup man. I said,
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well, why did you kill the preacher for? He
says, ahh, it was about the draft.
He says, boy, you don't even need to
be hearing about this. He said, don't you
say nothing. He stood up and he acted like
he was going to slap me up upside the head.
So I stood up there. Me and him are looking
at each other. He has got this glare look on
his eye. I could tell he was thinking about
hitting me.
It run through my head, you old
son-of-a-bitch, you hit me, I'm going to
knock a knot upside your head, I don't care
who you are. He is standing there glaring at
me.
He says, you fixing to go to Canada,
aren't you? I said, yeah. Then about that
time the phone rang. I just walked over
there and answered the phone and was busy
with the pizza stuff, I looked up, and he is
gone. He left his beer sitting there on the
table. It was about half full.
Q. Did you ever have any other
discussion with him about this matter?
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A. No, sir.
Q. And do you recall what year this was?
A. 1979.
Q. 1979?
A. Uh-huh.
Q. You went off to Canada, then?
A. Yes, sir.
Q. Played your gig?
A. Uh-huh.
Q. Did you ever see or talk to
Mr. Liberto again?
A. My time frame -- he called me, okay,
on the phone, right after that, and he says,
Nate, I've got a job for you. I went, oh,
man, he is going to want me to -- well, let
me back up just a little bit here.
Mr. Frank -- there was something
that happened over at the pizza parlor prior
to this conversation I had with him about him
having Martin Luther King whacked. Something
took place right prior to that at the pizza
parlor that left him open to talk to me in
these kinds of ways.
It was a pretty nasty situation, but
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I had to do what I had to do over there. I
don't tell everybody what I did. About a
week or two prior to this conversation I had
with Mr. Frank, some guy came in, he looked
kind of like John Wayne. He was a big guy, a
redneck guy, walked in my mother's restaurant
drinking a beer.
Mama runs over there to the door and
she says, you can't bring a beer in here but
I'll sell you one. He just -- once again,
I'm going to have to use some nasty language
to make it how it was. He says, I just might
buy this mother-fucking place, and he
back-handed my mama.
When he did, I walked around from
the counter with a nightstick and knocked
fire from his tail end and knocked him
through the front door, hit him across here
and busted his eye open real bad, busted his
head open, knocked him out on the front
doorstep out there and whacked him again with
that stick.
There was a man that was working out
there named Louis Bonsella. He come running
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out there and said, don't hit him no more,
Nate, you are going to kill him. I said, I'm
trying to kill this MF. Some other guy come
running out the door and says, oh, wait a
minute, come on, Red, talking about the guy I
hit with the stick, come on, Red, they are
going to kill us. So I hit him in the GP.
So the last I saw these two
knuckle-heads, they were dragging each other
down the sidewalk. Meanwhile, Mr. Frank had
got me up in a truck a couple days later, he
got me up in there. Mama called the cops.
They come over there. She filed a report on
the guy causing such a disturbance.
The lieutenant shows up over there.
He gets me out on there on the sidewalk and
says, Nate, you are going to have to watch
yourself because there is going to start a
war over here. I whacked this guy good with
that stick.
Mr. Frank got me in the truck. He
started asking me about this fight. He says,
were you going to kill him, Nate? I said,
yeah, I was, but Louis stopped me. He said,
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who? He said, the guy over there working at
the place. He said, oh, that old dago
son-of-a-bitch.
Then he says, well, it is a good
thing you didn't kill him, you would have
been in a whole lot of trouble if you would
have. You got out of it, but I would have
helped your mama. He said, could you do it
again? I said, I guess so, if somebody come
up in the pizza parlor acting the fool and
hit mama, I said, yeah, I'll tear them up.
He says, no, would you do it just in
general? I said, to who? He said, mostly
dope niggers over there on around Hollywood,
going up around the Hollywood over Plough
Boulevard. He motioned over there towards
Hollywood.
I said, I don't know. He said,
could you do it for some money? I said how
much money? He said, five or ten, it
depends. I said, who is it? He says, these
dope boys get these white girls over there,
the families still care something about them,
either the police can't or won't do anything
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about it and he said that's it, that's who we
want to get right there.
I said, who exactly is it? He said,
there is always some nigger around here needs
to be killed. I don't know. I'll let you
know.
Well, when he called my back after
we had this conversation about Martin Luther
King, he told me about that, he said, oh,
I've got a job for you, Nate. Oh, God, he is
going to want me to kill some dope idiot over
here somewhere.
He says, get your nigger. I had a
guy, a black man, that played drums for me,
and another man. He says meet Billy down at
the Cook Convention Center. He was talking
about a music job.
Q. It wasn't a contract to kill
somebody?
A. Yeah. He wanted me to play for
Sheriff Bill Morris' Christmas party. I was
to go down there to the Cook Convention
Center, play this Christmas party and I get
paid a check. Then he shows back up over
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there at the pizza parlor. That's what the
conversation was about.
Q. Did there come a time years later
when you wrote a letter to a government
official in which you discussed or in which
you stated what you have told this Court and
jury today?
A. I didn't go into detail, but I had
written the governor of Tennessee with a copy
written to John Wilder, the lieutenant
governor, and to the -- I sent one to the
person at the Board of Responsibility and to
another Memphis attorney, yes, sir, I did.
Q. And were there any repercussions on
you as a result of that letter and what you
said about this case?
A. Yes, sir, it was.
Q. What happened you to?
A. Well, I started having this guy
follow me around in a car that was undercover
car that had a bunch of antennas on it. I
was working my taxicab. He was constantly
following me for about two days.
Then I got down here at Poplar and
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Cleveland and I called my mother-in-law,
ex-mother-in-law up on the phone in Shelby
Forrest, and I had a bunch of cops roll down
on me, a bunch of police. I said, heck,
there is a robbery somewhere, I better get
out of here. I hung up the phone and took
off.
I didn't know they was there for
me. I get around the corner and I'm pulled
over. I had three squad cars with loads of
police with guns to my head. They hit me in
the groin twice, smashed my face up against
the back of the car, stretched me out.
One of them cops -- I used to
wrestle a couple years ago at the Coliseum,
and one of the cops recognized me from when I
wrestling. He said, wait a minute, this is
Nate. They was working on the hood smashing
my face down in that thing, you know. I was
just taking it. They didn't put anything on
me that I hadn't hardly had before.
So I'm just taking it however I can
take it. But the one cop stopped it. The
guy had a gun to my head while the other one
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was working on me. He said, wait a minute,
Nate, what is this about? I said, I don't
know, man, I guess it is my ex-wife or
something. I didn't know what it was about.
Q. You didn't put it together at that
point?
A. Not at that moment, no, I didn't.
The top cop that knew me, he put me in his
squad car and looks back at me, he said,
Nate, have you been making phone calls to
Nashville? I said, ug-huh, not me.
They jerked me out of the car
again. They said, how much change you got on
you? I had like eighty cents in change.
They are all looking like he ain't got enough
money to make a long-distance phone call. I
said, what are you talking about? He says --
the cop asked me, he says, do you -- have you
been making bomb threats? I said, I can't
even set my VCR much less make a bomb. I
don't know what you are talking about. This
is the cop I know.
He says, have you been trying to
embezzle money out of anybody, some
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government guy? I said, no, ma'am, what the
heck is this? Then all of a sudden this guy
that has been following me, he pulls up there
real quick in this unmarked car, because they
are on the radio saying -- I said, if this is
all what is going on, you've got the wrong
guy, you need to go back over there wherever
he is on the phone and see if you can find
him, because you've got the wrong person
here.
Well, when that took place, the cop
that put all the regular Memphis police on
me, the undercover guy, he come wheeling up
and blocks his face so he can't see me and
walks by the car and said, here is the number
he is calling. I'm listening out the window
to them. I call him a lying SOB when he
walks by the door because that's what he was
was. I ain't called anybody in Nashville.
Q. Well, the upshot of it all was that
this was serious harassment that happened you
to?
A. That's an understatement. Then they
got me downtown, read me my Miranda rights.
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I said, am I under arrest? He said, boy, you
in a lot of trouble. He said, you can't get
no lawyer, you can't get no bond. He said,
why does the Secret Service have a hold on a
cab driver?
This is that cop up there named
Johnstone, eleventh floor, bomb unit. I
says, I can't tell you. He said, well, you
going to have to tell me. I said, I'll talk
to the AG about it because he told me not to
say a word to nobody about this.
He said, you ain't talking to nobody
until you tell me why the Secret Service has
ahold on this cab driver right here. I said,
okay if you really want to know it, I'll give
it you. There are entities within the
government -- he is taking a statement. They
give my give me my Miranda rights. I'm not
sure if I'm under arrest or not. Then I give
the statement. You can't make a statement
unless I done read you your rights, he said.
I said, fine. Okay. I guess I was
arrested.
I give the statement. I said, the
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reason why they doing this to me is there are
entities within the United States government
that don't want me to say what I know about
the assassination of Martin Luther King. He
almost fainted. He walked out of the room.
I saw him through the window. He
was on the FAX machine and he was working the
FAX machine. I read the heading of the paper
he had. It had something on there that said
Washington. He walks back in there with the
FAX. Him and Larkin, the other major up
there, they read it, and they said, get the
hell out of here.
I was arrested with guns to my head,
hit in the groin, read my Miranda, then
un-arrested and kicked loose all at the same
time.
Q. My goodness. Nate, thanks very much
for coming down here this afternoon.
MR. PEPPER: No further
questions.
THE WITNESS: Dr. Pepper, you
don't have to thank me for telling the truth.
MR. PEPPER: No further
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questions.
THE COURT: Mr. Garrison might
have some questions for you, sir.
CROSS-EXAMINATION
BY MR. GARRISON:
Q. Mr. Whitlock, I've known you and your
family for quite a few years, haven't I?
A. Yes, sir.
Q. Let me ask you this: How long have
you known Mr. Loyd Jowers seated over here?
A. Since 1985, Mr. Garrison.
Q. You worked when he was in the cab
business, did you?
A. Yes, sir.
Q. You've been around him quite a bit?
A. Not in the last ten years I haven't,
no, sir.
Q. You'd been around him quite a bit
before then?
A. A long time ago, yes, sir.
Q. Has he ever made any mention to you
about the assassination of Dr. King?
A. No, sir.
Q. He never said any word about that?
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A. I never drew the two together until I
saw Mr. Jowers and yourself and Mr. Akins on
one of them television programs. I called
mama up on the phone. I said, does that
sound familiar?
MR. GARRISON: That's all I
have.
THE COURT: All right. You may
step down.
(Witness excused.)
THOMAS H. SMITH
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
Q. Captain Smith, good afternoon.
A. Hi.
Q. Thank you for coming here this
afternoon.
A. You are welcome.
Q. Would you state for the record,
please, your name and address?
A. Thomas H. Smith, 2997 Knight Road,
Memphis, Tennessee.
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Q. Captain Smith, were you employed by
the Memphis Police Department?
A. No longer. I've been retired for
eleven years now.
Q. How long did you work for the Memphis
Police Department?
A. Thirty-three years.
Q. What was the rank that you achieved?
A. Well, at one time I was captain in
charge of homicide.
Q. Were you assigned to homicide at the
time of the assassination of Martin Luther
King?
A. Yes, sir, I was. I was assigned to
homicide in 1960.
Q. So in 1968 you were a homicide
detective involved in that investigation?
A. Yes, sir.
Q. In the course of that investigation
did you first of all arrive on the scene
around the time of the killing?
A. Yes, sir. My partner and I, Roy
Davis, were the first ones on the scene at
the time of the killing.
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Q. At some point in time did you go over
and into the rooming house on the opposite
side of Mulberry?
A. Yes, sir, I did, during the time of
my investigation after I did what I had to do
at the scene. I was going around looking for
witnesses and went over to the rooming house.
Q. Did you go up to the second floor of
that rooming house and into a room occupied
by a man called Charles Stephens?
A. Yes, sir, I did.
Q. And his common-law wife Grace
Stephens?
A. Grace, yes.
Q. How long after the killing did you go
into that room and see Mr. Stephens?
A. Well, it couldn't have been all that
long, because we tried to expedite matters.
It was still daylight. I talked to
Mr. Stephens. I could not talk to Grace.
Q. You could not talk to Mr. Stephens?
A. No.
Q. Why couldn't you speak with
Mr. Stephens?
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A. She is drunk, passed out on the bed.
Q. He was drunk and passed out?
A. Yes, sir.
THE COURT: He said "she" was.
Q. (BY MR. PEPPER) I'm sorry, Mrs.
Stephens was drunk and passed out. What
about Mr. Stephens?
A. He had been drinking heavily.
Q. Did you talk to him?
A. He was leaning up against the door
and talked with me briefly, yes, sir.
Q. And what kind of condition was he in?
A. He was also intoxicated but not as
bad as Grace.
Q. Were you aware of the fact that
Mr. Stephens gave a statement that was used
in the extradition proceedings from London
against James Earl Ray?
A. I wasn't for a long time. I know he
was.
Q. And that as a result of Mr. Stephens'
identification of a profile in the distance
that he saw, Mr. Ray was extradited from
London and brought back to the United States.
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A. Yes, sir.
Q. In your opinion at the time when you
interviewed him, within minutes of the
killing, after the killing, would he have
been capable of making that kind of
identification?
A. No, sir. No way.
Q. Because of his intoxication?
A. No, sir. I don't think he could. I
didn't think enough of his statement that I
took to take him downstairs, downtown and
take a formal statement from him and so put
it in my arrest report that he was
intoxicated to the point there was no sense
in bringing him downtown.
Q. You put that in your report?
A. Yes, sir.
Q. Was that report ever reflected in the
Memphis Police Department investigation
report?
A. Yes, sir. It is quite full of the
investigation. We all wrote our little part
that we had in it.
Q. But did you read the official MPD
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report and did you ever see the comments that
you have made just now included in that
report?
A. No, sir. I have never read the
report. I never had my hands on it. Well, I
did have my hands on, it but I never had time
to read it. When I was promoted in charge of
the homicide squad, there was a report in the
office, and I took it out of the desk -- out
of the file and put it in my desk drawer
where I could securely lock it up.
Q. All right.
A. And it was later taken from me by
Chief John Moore. He called me one day and
asked me if I had it. I said yes, I did. He
said, bring it to me. I carried it down
there. I haven't seen it since.
Q. Do you know what happened to it?
A. No, sir.
Q. One final line of questioning. Were
you over in the hospital at the time when the
body of Martin Luther King was present in a
morgue room?
A. Yes, sir, I was there.
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Q. And did you put your hand on the back
of Dr. King under his lower left shoulder
blade and feel an object?
A. Yes, sir.
Q. What was the object that you felt
just beneath the skin?
A. Well, it felt just like a bullet to
me, the lead jacket of a bullet.
Q. Did it feel as though it was one
piece?
A. Yes, sir, it was still round.
Q. It felt as though it was one piece?
A. Yes, sir.
MR. PEPPER: Nothing further,
Your Honor.
MR. GARRISON: Your Honor, I
have no questions. Thank you, sir.
THE COURT: All right. Thank
you very much, Captain.
(Witness excused).
MR. PEPPER: Your Honor,
plaintiffs have another witness who has made
a special trip here. The entire testimony
will not take more than about seven to ten
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minutes.
THE COURT: We'll hear it.
MR. PEPPER: Thank you.
MR. PEPPER: Call Mr. Charles
Hurley, please.
THE COURT: Ladies and
gentlemen, let me probably admonish you. You
probably have heard some things you have
never heard before about this case. You are
not to discuss this evidence, not with your
family, not among yourselves or anyone else.
CHARLES HURLEY
Having been first duly sworn, was examined
and testified as follows:
DIRECT EXAMINATION
BY MR. PEPPER:
Q. Good afternoon, Mr. Hurley. It has
been awhile.
A. It has.
Q. Would you please state your name and
address for the record, please.
A. Charles Hurley, 2595 Cedar Ridge
Drive, Germantown, Tennessee.
Q. Mr. Hurley, what do you do for a
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living?
A. I'm division manager for Save-a-lot
Food Stores.
Q. How long have you held that position?
A. That position, about four years.
THE COURT: H U R L E Y?
THE WITNESS: Yes, Your Honor.
THE COURT: All right. Go
ahead.
Q. (BY MR. PEPPER) At the outset let me
thank you very much for coming down here at
considerable inconvenience to yourself.
Mr. Hurley, what position did you
hold -- what was your work back in 1968?
A. I was advertising manager for
National Food Stores in Memphis.
Q. What did your wife do at that time?
A. She worked for the Seabrook Paint
Company. She was a buyer at Seabrook Paint
Company down on South Main Street.
Q. Physically where was the Seabrook
Paint Company located in respect of the
rooming house?
A. It would be immediately across the
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street, virtually right across the street.
Q. Virtually opposite the rooming house
in question?
A. Right, uh-huh.
Q. And therefore virtually opposite
Jim's Grill, the restaurant at the bottom of
the rooming house?
A. Yes, I believe that would be correct.
Q. What was your practice on a usual day
when you finished work?
A. Well, what I would do is I would go
downtown and pick up my wife. I worked down
on South Florida Street, which is not really
very far from there, and we had one car at
the time, so that's what our usual practice
was to do.
Q. On the 4th of April, 1968, Thursday
afternoon, did you go downtown to pick up
your wife?
A. I believe, yes.
Q. Do you recall what time of day that
was?
A. I normally got off about
four-thirty. It is probably fifteen or
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twenty minutes to where she was. I would
just normally drive down and pick her up.
Q. And so around a quarter to five --
A. About that, I would say.
Q. -- ten to five, you drove to South
Main Street?
A. Yes.
Q. And you were facing north as you go?
A. I would be facing north, yes.
Q. And would you pull over to the side
of --
A. Yes. I would -- if she wasn't
downstairs, I would pull over and park.
Q. Was she downstairs on that day?
A. I believe she had come down and I was
not downtown, so she had gone back up to her
work space.
Q. So when you arrived, she wasn't down
there?
A. No, she wasn't down there.
Q. What did you do?
A. I just sat in the car and waited for
her.
Q. Where did you park your car?
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A. I parked, you know, facing north.
That would be the east side of South Main
right there almost opposite the rooming
house.
Q. Was there an automobile parked
immediately in front of you?
A. Yes, there was.
Q. And what kind of car was parked
immediately in front of you?
A. It was a white Mustang.
Q. It was a white Mustang?
A. Yes.
Q. How far back, can you estimate, was
that Mustang from Jim's Grill or the rooming
house?
A. It was right there. That has been a
long time.
Q. Sure.
A. But it was right there.
Q. Did you notice the license plates on
that white Mustang?
A. Yes, I did. Yes, I did.
Q. What kind of license plates were
there on that white Mustang?
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A. As I recall at the time and still
believe, it was an Arkansas license plate,
because the numerals were red and the
background was white.
Q. Do you believe the license plate on
that car was a white Mustang?
A. Yes, I am.
Q. Are you aware of the fact that James
Earl Ray was driving a white Mustang in
Memphis on that day?
A. I've heard that subsequently, yes.
Q. Are you aware of the registration of
that Mustang that James Earl Ray was driving?
A. You know, only what I've been told or
heard subsequently. I think it was the FBI
or someone had told me it was an Alabama
license, they believed it to be an Alabama
license.
Q. He was driving an Alabama
license-plate-registered car. You saw a
white Mustang with Arkansas plates?
A. I believe them to be Arkansas plates.
Q. On that street?
A. Yes.
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Q. Was there anyone sitting in that car?
A. There was one person sitting in the
car.
Q. When your wife came down and you
picked her up and you drove away, was that
person still sitting in that car?
A. Yes, uh-huh.
Q. Could you describe that person?
A. The only thing I could see was the
back of someone's head sitting in the car. I
couldn't identify him from that, I'm sure.
MR. PEPPER: That's fine. Thank
you very much, Mr. Hurley. Nothing further.
MR. GARRISON: I have no
questions of Mr. Hurley, thank you.
THE COURT: All right, sir. You
may stand down. You are free to leave.
(Witness excused.)
THE COURT: Any more
out-of-towners?
MR. PEPPER: Well, we do have on
call outside two more witnesses whose
testimony will be very brief. We can have
them return, if Your Honor wishes, tomorrow
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to begin in the morning. One has come from
Florida, but he is prepared to stay over. It
is at Your Honor's discretion, whatever you
wish.
MR. GARRISON: Your Honor, his
testimony may not be quite as brief. I will
have some cross-examination on him.
THE COURT: Very well. You've
answered the question I might have asked.
Ladies and gentlemen, we're going to
stop at this point. We will resume tomorrow
at ten o'clock. Again, please don't discuss
the testimony with anyone.
That also goes for the witnesses who
have testified here. You are not to discuss
your testimony on the stand here with any of
the reporters or anyone else.
All right.
(Jury out.)
(The proceedings were adjourned
at 4:30 p.m.)
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