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IN THE UNITED STATES DISTRICT COURT FOR (• THE SOUTHERN DISTRICT OF MISSISSIPPI ! JACKSON DIVISION
SOUTHERN DISTRICT UF MISSBSIPH FILED COUNCIL OF FEDERATED ORGANIZATIONS; MRS. RITA SCrT/ERNER, and MRS. FANNIE LEE JUL 10 1964 CHANEY, individually and on behalf of Loryce E. Wharton, Clerk MICHAEL SCrTJERMER and JAMES CHANEY; By Deputy) MRS. FANNIE LOU HAMER, MRS. PEGGY JEAIT. CON NOR, . MRS. MARY ROBINSON and JOHN. '. GOULD, SR» j individually and on behalf of others similarly situated; ROBERT P. M03SS, R. HUNTER MOREY, RUTH SCHEIN and DORIE LADNER, individually and on behalf of others similarly situated; the REV. R. BDJIN KING, individually and on behalf of others similarly situated; NATHAN HAUSFATHER, EDITH HAUSFATHER, GLENN TRIMBLE and ELEANOR TRIMBLE, individually and on behalf of others similarly situated,
Plaintiffs, JACKSON DIVISION CIVIL ACTION NO. i£Jl^)(h)\ versus L. C RAINEY and CECIL PRICE, indivi dually and as Sheriff and Deputy Sheriff of Neshoba County, Mississippi, and as representative of the Sheriffs and Deputy Sheriffs of the 82 Counties of Mississippi; T. B. 3IRDS0NG, individually and as Com missioner of Public Safety in charge of the Mississippi State Highway Patrol, and as representative of the members of the Mississippi State Highway Patrol; KU KLUX KLAN, an association xtfith members in the State of Mississippi; AMERICANS FOR THE PRESERVATION OF THE /KITE RACE, an association with members in the State of Mississippi; 7HITE CITIZENS COUNCILS OF MISSISSIPPI, an association with mem bers in the State of Mississippi; JOHN DOE and RICHARD ROE, and others whose identity is presently to the plaintiffs unknown, members of state and local law enforcement agencies in Mississippi, and members of KU KLUX KLAN and/or AMERICANS FOR THE PRESERVATION OF THE WHITE RACE, and/or WHITE CITIZENS COUNCILS OF MISSISSIPPI, and JOHN SMITH and PAUL JONES, and others whose identity is presently to the plaintiffs unknown, private irtiite citizens of the State of Mississippi.
Defendants.
COMPLAINT Plaintiffs, for their verified complaint, say: — —. PARTIES A* Plaintiffs: 1. Plaintiff. COUNCIL OF FEDERATED ORGANIZATIONS, hereinafter referred to as "COFO," is a coordinated organization of all civil- rights organizations in the State of Mississippi. It is dedicated to the achievement, through lawful and constitutional means, of the freedom and equality of Negro citizens of the State of Mississippi guaranteed to them by the Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution of the United States. Plaintiff COFO sues for itself and on behalf of all of its constituent affili ates and cooperating organizations and on behalf of all citizens of the United States, Negro and white, in the State of Mississippi who are endeavoring to assist in its program of activities designed to achieve the full rights of American citizenship for the Negro citizens of Mississippi, including the right to vote and to parti cipate equally in the processes of political democracy guaranteed to them by the Constitution of the United States.
2. Plaintiff MRS. RITA SCHWERNER is a citizen of the United States. Plaintiff MRS. FANNIE LEE CHANEY is a citizen of the United States. MRS. SCH/ERNER sues individually and on behalf of her husband, MICHAEL SCHWERNER, and MRS. CHANEY sues individually and on behalf of her son, JAMBS CHANEY, both citizens of the United States, and presently unable to assert their rights under the Con stitution of the United States by reason of the wrongful actions of the defendants, or some of them, acting in unlaxirful conspiracy with each other and other persons presently to the plaintiffs unknown,, 3. MRS. FANNIE LOU HAMER, MRS. PEGGY JEAN CONNOR, MRS. MARY ROBINSON, and JOHN GOULD, SR. are citizens of the United States and residents of the State of Mississippi. Plaintiff Hamer resides in SunfloTtfer County, Mississippi; plaintiff Connor resides in Forrest County, Mississippi; plaintiff Robinson resides in Madison County, Mississippi; plaintiff Gould resides in Forrest County, Mississippi. They are members of the Negro race. They sue individually and on behalf of all Negro citizens of the State of Mississippi, which class is too numerous to bring before the Court. *K Plaintiff ROBERT P. MOSES, R. HUNTER MOREY, RUTH SCKEIN and DORIE LADIIER are citizens of the United States. Plaintiff Moses and plaintiff Ladner are members of the Negro race and plaintiff
-2- Moray and plaintiff Schein are white. Plaintiff Moses is a resident of the State of Mississippi and is program director for plaintiff COFO. He is director of the Summer Project of plaintiff COFO. Plaintiffs Moses, Morey, Schein and Ladner are staff and volunteer xvorkers, approximately 1,000 in number, participating in the lawful, constitutional activities of the Mississippi Summer Froject of plain tiff COFO* They have volunteered to assist, through lawful and constitutional means* the efforts of the Negro citizens of the State of Mississippi to achieve equality, freedom and the right to vote, which rights are guaranteed by the Constitution of the United States and presently denied to the Negro citizens of that state by the authorities of the state in open defiance of the Constitution of the United States and the lax; of the land. Plaintiffs Moses, Morey, Schein and Ladner sue individually and on behalf of all other staff and volunteer workers, Negro and xvhite, similarly situated throughout the State of Mississippi, xirhich class is too numerous to bring before the Court.
5. Plaintiff REVEREND R. EDWIN KING is a citizen of the United States and a resident of the State of Mississippi. He is a x/hite citizen and is actively concerned with assisting the efforts of the Negro citizens of this state to achieve freedom, equality and the right to vote. He sues individually and on behalf of all other white citizens of Mississippi similarly situated.
6. NATHAN HAUSFATHER, EDITH HAUSFATHER, GLENN TRIMBLE and ELEANOR TRIMBLE are citizens of the United States. They are parents of young staff and volunteer workers presently assisting in the lax/ful and constitutional activities of the Mississippi Summer Proj ect of plaintiff COFO. They sue individually and on behalf of all other parents of such volunteer and staff xiorkers similarly situated.
B. Defendants: 7. Defendant L. C. RAINEY is the Sheriff of Neshoba County, Mississippi. He is a citizen of the United States and a resident of Philadelphia, Mississippi. Defendant CECIL PRICE is the Deputy Sheriff of Neshoba County, Mississippi. He is a citizen of the United States and a resident of Philadelphia, Mississippi. They are sued individually and as representative of each and every one of the sheriffs and deputy sheriffs of the 82 counties of the State
-3- of Mississippio This class is too numerous to bring them all before the Court„
80 Defendant T. 3, BIRDSONG is the Commissioner of Public
Safety of the State of Mississippi and in charge of the Mississippi
State Highway Patrol. He is a citizen of the United States and a resident of the State of Mississippi. He is sued individually and as representative of all of the members of the Mississippi State
Highway Patrol, which class is too numerous to bring before the
Court.
9. Defendant KU KLUX KLAN is an association vrlth members in
Neshoba County, Mississippi, Lauderdale County, Mississippi and, on information and belief, in each of the 82 counties of the State of Mississippi. On information and belief it is a clandestine, terroristic organization whose members are committed to the use of force, violence and terroristic acts to deter5 punish and intimidate all American citizens, Negro and white, x/ho seek to utilize constitu tional means to obtain equality, freedom and the right to vote for the Negro citizens of the State of Mississippi,.
10. Defendant AMERICANS FOR THE PRESERVATION OF THE WHITS RACE is an association xirith members in Neshoba County, Mississippi,
Lauderdale County9 Mississippi, and, on information and belief, xtfith members in many of the 82 counties of the State of Mississippi. On information and belief it is a clandestine, terroristic organization
Xirhose members are committed to the use of force, violence and ter roristic acts to deter;, punish and intimidate all American citizens,
Negro and white, who seek to utilize constitutional means to obtain equality, freedom and the right to vote for the Negro citizens of the State of Mississippi.
11. Defendant WHITE.3CITIZENS COUNCILS OF MISSISSIPPI is an association with members throughout the State of Mississippi. It is an organization dedicated to impeding and deterring by all means the laxtfful efforts of Negro citizens of Mississippi to achieve the federal constitutional objectives of freedom, equality and the right to vote.
12. Defendant JOHN DOE and RICHARD ROE are members of the State
Police of the State of Mississippi and/or the State Highway Patrol of the State of Mississippi, and/or the Sheriff's offices of the various counties of the State of Mississippi, and/or the local police
-If. forces in the towns and municipalities throughout the State of Mis sissippi, and/or the auxiliary police organizations and other public or quasi-public laxir enforcement organizations residing both in Neshoba and Lauderdale Counties and throughout the State of Missis sippi. On information and belief they are members of defendant KU KLUX KLAN and/or defendant AMERICANS FOR THE PRESERVATION OF THE WHITE RACE and/or defendant WHITE CITIZENS COUNCILS.
13* Defendants JOHN SMITH and PAUL JONES, x ••..-- * Jurisdiction I**. The jurisdiction of this Court arises under the Constitution of the United States and, in particular, under Article IV thereof, and the First, Thirteenth, Fourteenth and Fifteenth Amendments thereto, and under the laxirs of the United States and, in particular, Title 28, U.S.C, Sections 1331, 13^-3 and Title hZ U.S.C, Sections 1971, 1981, 1983, 1985, 1988 and 1989, as well as under the Civil Rights Act of I96U. Cause of Action 15. The defendants, together x;ith numerous persons presently to the plaintiffs unknox/n, for many years up to and including the present date, have combined and conspired under color of statutes, ordinances, regulations, customs and usages of the State of Missis sippi to subject or cause to subject the plaintiffs, being citizens of the United States, to the deprivation of rights, privileges and immunities secured by the Constitution and lax^s of the United States. 16. Furthermore, the defendants, together xtfith numerous persons presently to the plaintiffs unknox -5- of the equal protection of the laws and of equal privileges and immunities under the law, including their right to register and vote in elections for, among others, the President, Vice-President and members of Congress, and for the purpose of preventing, persuading, hindering or subverting the constituted authorities of the State of Mississippi from giving and securing to all persons x*rithin the State of Mississippi the equal protection of the lax/s. 17i Pursuant to this conspiracy, the defendants, for many years up to and including the present day, have planned and conspired to, and did in fact, utilize illegal force, violence and terroristic acts to intimidate and deter the Negro citizens of the State of Mississippi from exercising their constitutional rights to associate together in efforts to achieve the constitutional objectives of freedom and equality as American citizens and the fundamental right to register and vote guaranteed under the Constitution of the United States to all American citizens regardless of race or color. Pursuant thereto, the defendants, or some of them, including defendants acting under the color and authority of the State of Mississippi, have engaged in xxidespread terroristic acts including beatings, arson, torture and murder in a concerted effort to intimi date, punish and deter the Negro citizens of the State of Mississippi as well as any xrhite persons who have dared to assist them in their efforts to achieve the federal constitutional objectives of freedom, equality and the right to register and vote regardless of race and color. This concerted, planned and organized conspiracy to utilize these terroristic acts of violence has continued and accelerated up to and including the present date. The existence of this con certed plan to utilize acts of violence has been reported by agencies of the United States government and by personal representatives of the President of the United States and is well-known throughout the State of Mississippi. 18. Prior to 1955, Negroes in most rural communities and in many urban communities of Mississippi did not offer themselves as voters and did not seek to register or participate actively in political life in Mississippi because of the accepted pattern of life in Mississippi reinforced by the terroristic acts of these defendants. Beginning shortly after 195^-, in part as a result of the decision of the Supreme Court of the United States in Broxim v. -6- Board of Education, the Negro citizens of Mississippi began efforts to participate in the political processes of the state. In response to this development from 1955 until the present time, various members of the executive and legislative branches of the government of the State of Mississippi, x-jho controlled and dominated the same, have engaged in numerous attempts, through legislation and otherwise, to bar or greatly limit any increase in Negro participation in the political life of Mississippi0 Similarly these defendants and others acting in concert with them have intensified their conspiracy to utilize force, violence and terroristic acts to intimidate and deter the Negro citizens of Mississippi from exercising their rights of American citizenship. Nevertheless, the Negro citizens of this State have courageously continued their efforts to participate in the democratic processes of government, and this summer plaintiff COFO has organized a Summer Project consisting of many hundreds of young American citizens, Negro and xrhite, who haxre volunteered their services to assist the Negro citizens of Mississippi in their ef forts to register to vote and to exercise their fundamental rights of citizenship guaranteed by the Constitution of the United States. At some date recently, the defendants, or some of them, met, planned and conspired to accelerate and intensify their terroristic acts of force and violence in an attempt t? deter the plaintiffs, including the Negro citizens of Mississippi, from carrying through to its conclusion this laxtfful and constitutionally protected Summer Project. Accordinglys pursuant to the aforesaid conspiracy, the defendants, together with others presently unknown to plaintiffs, have recently planned and conspired to utilize illegal force, violence and ter roristic acts to intimidate and deter these young American citizens, Negro and white, who have volunteered their services this summer through the Summer Project of plaintiff COFO^ to assist the Negro citizens of the State of Mississippi in achieving their constitu tionally promised and secured objectives of freedom^ equality and the right to register and vote, regardless of race or color. 19. Furthermore, the defendants, together x/ith numerous persons presently to the plaintiffs unknown, have recently planned and con spired to utilize these acts of violence in an effort to deter these volunteer workers, together xtrith the Negro citizens of the State of Mississippi, from exercising their fundamental, federally protected constitutional rights of free speech, free press, freedom of assembly and of association and the right to petition their government for redress of grievances, all of which rights are guaranteed to these volunteer workers and to the Negro citizens of the State of Missis sippi under the First Amendment to the Constitution of the United States,. In open defiance of the Constitution of the United States and of the laws of the United States, these defendants, xrith numerous persons presently to the plaintiffs unknoxim, have conspired to organize and set up clandestine terroristic organizations throughout the various counties of the State of Mississippi for the purpose of planning, preparing and carrying out illegal terroristic acts of violence against the plaintiffs and all citizens, Negro and x-jhite, in the State of Mississippi who are presently attempting to utilize their federally protected rights to achieve their federally protected goal of freedom, equality and the right to vote. 20, Plaintiffs further state that pursuant to the intensifica tion of this continuing conspiracy and as an overt act thereof, the defendants, or some of them, together x-,rith persons presently to the plaintiffs unknown, did, on the evening of June 19, 196^!-, conspire, plan and did, in fact, go secretly and in disguise upon the highxrays of Neshoba County, Mississippi, and x/ith force and violence and the use of armed weapons did brutally and xi/ith malice aforethought and x/ithout any justification xrhatsoever, beat and inflict serious in juries upon several Negro citizens of Neshoba County, and did then and there burn to the ground a Negro house of worship, all of which illegal and terroristic acts x;ere solely for the purpose of inti midating and deterring these Negro citizens and the Negro citizens of Neshoba County from exercising any of their fundamental rights under the Constitution of the United States. This terroristic act committed by the defendants or some of them, and others presently to the plaintiffs unknoxvn, x/as in open defiance and violation of the Constitution and lax/s of the United States. 21. Plaintiffs further allege that in pursuance of this con spiracy and as an overt act thereof, the defendants, or some of them, together with persons presently to the plaintiffs unknown, did, on the evening of June 21st, 196I!-, conspire, plan and, in fact, did, under color of the lax/s of the State of Mississippi, contrive x/ithout lax/ful reason or warrant of lax-/ to arrest three young persons, •8- volunteer and staff workers in the Summer Project of plaintiff COFO, namely MICHAEL SCHWERUER, ANDREW GOODMAN, and JAMES CHANEY, being members of the classes of plaintiffs herein, solely and exclusively because they were engaged in peaceful and lax/ful activities seeking to implement the guarantees of the Constitution of the United States. The defendants or some of them, acting x/ith others presently to the plaintiffs unknown, thereupon did plan and conspire and did, in fact, utilize this illegal and unwarranted arrest and detention under color of the lax/s of Mississippi, to contrive, plan and bring about the illegal seizure of MICHAEL SCHWERHER, ANDREW GOODMAN and JAMES CHANEY. Pursuant to this plan and conspiracy the defendants, or some of them, together with persons presently to the plaintiffs unknox/n, continued to hold MICHAEL SCHJERNER, ANDREI' GOODMAN and JAMES CHANEY forcibly and secretly in their custody and control, against their will* On information and belief the defendants or some of them, together with persons presently to the plaintiffs unknown, conspired to utilize force and violence to remove the said MICHAEL SCHWERNER, ANDREW GOODMAN and JAMES CHANEY from the jailhouse in Philadelphia, Missis sippi, and to cause other illegal forcible action to be taken against them, the precise nature of x/hich is presently unknoxrn to the plaintiffs. These terroristic acts were for the sole purpose of attempt ing to deter, punish and impede these young American citizens, the Negro citizens of Neshoba County, Mississippi, and throughout the state, as well as the volunteer and staff workers of the Mississippi Summer Project of plaintiff COFO, and all of the plaintiffs in this action, from continuing to exercise their fundamental rights as American citizens to freedom of speech, press, assembly and associa tion in their lawful efforts to implement and enforce the federal constitutional guarantees of equality, freedom, and the right to vote. 22. The defendants and others presently to the plaintiffs un known, continue to conspire to utilize force, violence and terror istic acts to impede, deter, frighten and harass the plaintiffs and the classes they represent from exercising their fundamental rights under the First, Thirteenth, Fourteenth and Fifteenth Amendments. Unless this illegal conspiracy is restrained by this Court and proper relief granted, the plaintiffs will imminently suffer immediate and -9- irreparable injuries and continue to suffer immediate and irreparable injuries. Remedies 23. There is no adequate remedy at lax/ either in the state courts of Mississippi or the federal courts. The immediate invoca tion of the powers of a federal court of equity are urgently required to protect fundamental federal constitutional rights, privileges and immunities from immediate and irreparable injury. Zk, Furthermore, this Court has authority and is required under the facts here set forth in this complaint, to take immediate action pursuant to Title ii-2 U.S.C. s.1969 to implement and enforce equitable relief against the imminently threatened acts of the conspirators here charged. Title hZ U.S.C. 5.I9O9 provides as follows: 3. 1939 Commissioners; appointment of persons to execute warrants The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged xi/ith the crimes referred to in section 1987 of this title; and such commissioners are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by lax/ to exercise with regard to other offenses against the lax/s of the United States. Said com missioners are empox/ered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the commissioners may issue in the lax/ful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with x/hich they are charged; and such warrants shall run and be executed anywhere in the State or Territory x/ithin x/hich they are issued. R.S. Sections 1983, 193^; Mar. 3, 1911, c. 231 2 291, 36 Stat. 1167. The facts set forth in this complaint revealing a x/ide- spread conspiracy between clandestine terroristic organizations, and members and officers of state and local lax/ enforcement agencies for the purpose of terrorizing, punishing, intimidating and deterring Negro citizens from exercising federally protected rights of citi zenship are identical to those contemplated by the Congress of the y United States in enacting Title hZ U.S.C, Section 1989. This statute places upon the federal judiciary a duty and responsibility to enforce the lax/s prohibiting crimes against the exercise of the elective franchise and the civil rights of citizens as set forth in • 10- - Title IJ-2 U.S.C, Section 1987, under circumstances as here revealed. This duty, prescribed by the Congress, is supplementary to, and in no way a substitute for, the duties and responsibilities of the Executive Branch of the Government to enforce these lax/s and to protect the exercise of fundamental rights of citizenship, and the Legislative Branch of the Government to investigate the need for new legislation in the area of civil rights and, where necessary, to enact the same. Accordingly, the facts set forth herein require that this Court shall forthwith order the increase of the number of United States Commissioners x/ith such appointed deputies as may be required, x/ith the power to arrest as provided by lax/ any persons threatening to violate the orders of this Court or any of the lax/s of the United States protecting the civil rights of citizens of the United States and the elective franchise, and that these emergency United States Commissioners or their deputies be ordered to be stationed at all times in every Sheriff's office in the State of Mississippi in every one of the 32 counties of Mississippi, as x/ell as in all such other places as their presence may be required to enforce obedience to the orders of this Court and to the laws of the United States pro tecting the civil rights of citizens and the elective franchise. 25. No previous application for the relief sought herein has been made to this or any other court. THEREFORE plaintiffs pray: 1. That a permanent and temporary injunction issue enjoining and restraining the defendants, each of them, their agents and representatives, and all others acting in concert x/ith them, from in any way conspiring to utilize or in any x-/ay utilizing force, violence or any terroristic act in attempts to deter, impede or punish the plaintiffs and all classes of citizens they represent from exercising their rights, privileges and immunities as citizens of the United States. 2. That during the pendency of such injunctive decrees, pur suant to Title hZ U.S.C. 1989, (a) an order issue ordering and directing the increase of the number of United States Commissioners in the State of Mississippi and ordering and directing that a United States Commissioner or -11- Deputy Commissioner with full powers of arrest pursuaunt to law, be assigned and stationed in each and every office of Sheriff in tho 82 counties of Mis sissippi! (b) and that said special United States Commissionets be directed as pro vided by law to protect the lawful civil rights and elective franchise activi ties of citizens of the United States and to provide for the speedy arrest of any persons in the State of Mississippi engaged or threatening to engage in act ivities in violation of the laws of the United States which protect the civil rights of citizens and the elective franchise 5 and that (•e) pursuant to Title Wl U.S.C. 1989, the said special United States Commissioners be ordered and directed to appoint in writing one or more suit able persons who shall be required to serve and execute any such warrants of arrest^ and that (d) wherever required to afford reasonable protection to all persons in their constitutional rights of equality and tho exercise of the elective franch ise, the said special United States Commissioners or their deputies be temporar ily assigned to be stationed in any public buildings or other places throughout the State of Mississippi where their presence may be required; and that (e) the said special United States Commissioners be ordered to report to this Court at regular intervals any and all incidents of violation of the or ders of this Court and any and all arrests, pursuant to Title Wl U.S.C. 1989, for activities of the defendants or others acting in concert with them for violations of laws of the United States protecting the civil rights of citizens and the elective franchise. 3. And for such other and further relief as may be proper and may be pray- oH for by the plaintiffs as thft situation may urgently require. Attorneys for Plaintiffs L. H. ROSENTHAL, 221 N. President Street, Jackson, Mississippi KUNSTLER KUNSTLER & KINOY 511 Fifth Avenue New York, N.Y. 10017 By William M. Kunstler Arthur Kinoy -12- SMITH, JALTZER, JONES & PEEBLES 305 Baronne Street Nex-/ Orleans, Louisiana By Benjamin E. Smith Bruce C Waltzer MELVIN L. WULF 156 Fifth Avenue Hew York, Nex/ York MORTON STAVIS 7^ Broad Street Nexirark, Nex/ Jersey -13- STATE OP MISSISSIPPI; 33.: COUNTY OP HINDS R. HUNTER MOREY, DORIE LADNER and RUTH SCHEIN, being duly sworn, depose and day that they are some of the plaintiffs in the within action; that they have read the foregoing complaint and know the contents thereof; that the same is true to their own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters they believe it to be true. fwsmr m<&&^ QlAA, Sworn to before me thi3 ///day of July, 1964, MY COMMISSION EXPIRES APRIL 5, 196S -1M« STATE OP MISSISSIPPI} ) sa.t COUNTY OP HINDS ) R. HUNTER MOREY, DORIE LADNER and RUTH SCHEIN, being duly sworn, depose and day that they are some of the plaintiffs in the within action; that they have read the foregoing complaint and know the contents thereof; that the same is true to their own knowledge except as to the matters therein stated to be alleged on information and belief, and as to those matters they believe it to be true. sin m& LADNER Sworn to before me this ///day of July, 1964, MY COMMISSION EXPIRES /\PRIL 5. i« -3A- X \ % COMPIAB^ Am AjstPWir FORM - wsmmsim®? nu mt gm tta hi^m aad then give s (l) ixsll why jf©u %?er® the?©! £§) l-lh&t Sf@s @$l $£$ what hapupeasd j O) Sfc^te everything in $te@e& ^«®tafci@e® "tffeg® gS®®ite2*g especially what i(DU said M what the aiyit&fcll or 0fe$9&s s?«Ms |%) { Fully describe; all iia^crtaat paople tm©lvesSp pptleul&£ljf psM©®,- msii give physical descriptions wfaea smsse® are sot teaesra, (5) tsy i/fey SF85S tai&U people &iA what they did to y®« aa& t® ofeherg, (6) fell "ttlvEt' you of the ©thear jgeople involved have doss® lA civil rights-; ssjpeasuUi^? ft® A-eijayU t© ^rctes* ?egi station; (7) Bs sis'® t@ hmx^ this af!£&lftVlfe 3ss&®rS,ss?;<& '.•jheraevey possible. If notary pahMc is ia®£ avaiteble^ bmm tw® Vi%BilM si^K, H4P0RMT, Maks two earboja copiesj: file ®m$ ffgsfi tJfes ©fete wi$fe $fe® m-igihal t@ GOFO* 101? Ipseh St.; Jaeksoa, M±«®0 ISSSi Oi MCf Jf !3§iSg©a STATE OF KESSISStEPX couwnr OF ?Q^S? Jflg 2$ I^.a*JiKfi«^M2&!a(l!-££s&. A.TMBSS-_»-ji5 MphUc Street_ ii£,Cv^££ir-.;,; Mississippi OCCUHvTie» .gisewi.:^ _ ___ * BSCPl T^ns . _„.„.. , Being duly wetfn d*po&iTis& says: tonrit s I MA eitisas sf" tfes iOSi^d^^i Of /u®riea and am a SStegr© or white parties,pas* ia eivil ri^sti ®®& $S£3^aflpS&@a vottfe On flay) vy^-v/ , (aoath} July _ „ C l tryini o put he- off the bUS. She wouldn't rrsavc 9 r.o he WSfl to :aove her himself. %-: -i La the best she could. She scratched hi™ and : !nia iwfc?& t® *at niiga&t Infers ®l tiEi© ..; ' •j&ig @a? t^Jkyt igpg& J i a§ |^«i to th® 'ws'ii ©? .ity ss^ss-tiaacti©^^ &&s (Say ef - Jifif?}0 =^^—r-rr»r -*r- fwo i? .!r; -* *L' • .' J?——r-^^r-r—? .A' T • A * COMPIAUSf AKB AFFXEfcVPT FORM - rjgBSUCTICKS: Fill out all th® >i*mk® and then give: (1) Tell why you were therej (2) What FGs ®Sd s^ what happened;(3) State everything in direct quotati®®®-w&ea pawslh3«.; especially what you said and what the official* or others §«Mj (k) Fully describe all Important people involved, particularly pen®®, «M Give physical descriptions when names are not known. (5) Sey w*sy y®& thinl; people did what they did to you and to others. (6) fell ^i.hut you of the other people involved have done in civil rights, espssiaUy is regard to voter registration; (7) Be sure to have this a?j?idavi£ mm?±m& •.fhenever possible. If notary public is not available, Mm two witsssi®® si^n. EffOKBAlfT. Make two carbon copies;: file <®ms m@& -*M ©fete®? «£%h the original to COFO, 101? lynch St., Jackson, Mias. MIM Gl M€K IW $SSil0 A F F IDA V I STATE OF MISSISSIPPI COUNTY OF FO.rffgST ,. ? KfcZ ,L...^j^: .oate__^_ Smith __ 1. .&®g .-?6 A"33ESS^_q.j.5 ^bj.le_3jbreet______«°» ^Hattiesburg, Mississippi . OCCUBM?I0HL_ iicusewife _ J _ - MCS_JiPrK_ s*mcW5e*» Being duly sworn deposes and says: to-wit: I am a eltlMS tf Ha Uteil of Aaesrica and am a Hegro or white participant la civil rights ftosfi ^eei?ejjfttioa vorl-u Oa (3ay)_-:-riday , faoath), July , (&*&) ' > 19JLT about (tlggX H:C2_ ^jj* _* the" following happened: Whe;: I got to the bUSj W sister was pushing this MO Off of her. He was trying Lo put hsr off the but. She wouldn't move, so be was going to move her himself. Sfc: old thl best she con Id. ^ scratched hin and bit him. Signed ij2]&j!£&£^J^*y^^ Sworn to and sigaed before me tills .. • • day of B lo *f Sigasd; ^JgJBSBEggW!! I hereby certify that a notary public is not available t© we as* tha t the above is true to the best of ay recollection, this day esr , 196k. Iwo witnesses: ,., COMPIAUfT AID AFFBttVIT FORM - INSTRUCTIONS J Fill out all She J&iifflks and then give: (1) Tell why you were there; (2) What y^s aid ©rag uhat happened;(3) State everything in direct quotations-when possibles especially what you said end what the officials or others mM,g (k) Fully describe all important people involved, particularly poH©§,, ®M give physical descriptions when iftases are not knowa, (5) i*y ^hy fms, thin".; people did what they did to you and to others, (6) !3Jell *whJ*f you or the other people involved have done in civil rights, espgeiaily in retard to voter registration; (7) Be sure to have this affidavit raotariaed •..'henever possible. If notary public is not available, haws tw© witassses sioG. IMPORTANT. Make two carbon copies;: file OKmg m&& the ©tfoe? with the original to COFO, 1017 lynch St., Jackson, Misso \MT^ OS BACK IF PKJBBc A F F I D'A ¥ I T STATE OF MISSISSIPPI COUOTY. OF _ j&gggr^ u.^- : : Im-, 26 KAi-35 Mi-5....: OCCUEft.TICB . a ;se-,' Lfefi Being duly sworn deposes and scys: to-wit: I am a citiaea of Africa aad am a Kegro or white participant la civil ri{$&t oM, fespg^ejjation 1 2 s wOrU« ?0n {^y)_'rl'l^l£_ _* fapateLr* '/ • .» fet©) ' , %$£* about (time) /:CL»-j^/ tke"following happened: When 1 got to the our., my was pushing to B BBC Off Of her. He vas Lng to put ber off the bus. She wouldn't move, 30 he was going to move her himself. 3gj- did the best she could* She scratched bia and bit him. 1. /IK", tl*. ! * S&ern to and signed before as this .. Bstarjf Bablis I hereby certify that a notary public is not avail&feis to m aM tha % the above is true to tbs best of ay vccoUe&tioa, this toy of n X^€ Two witnesses; C0MPIA1OT AND AFFIDAVIT FORM - INSTRUCTIONS ? Fill out ill @« hlmtes and then give: (l) Tell why you ware there; {2} What y®i mA As$ what happened;(3) State everything in direct <|uetatio©g-w&en psssiblaj especially what you said end what the officials or others mM; (k) Fully describe all important people involved, particularly police/5 aa§ give physical descriptions when names are not known. (5) iiay wfe§? yew thix& people did what they did to you and to others. (6) fell l&at" you or the other people involved have done in civil rights^ especially fia regard to voter registration; (7) Be sure to have this affidavit notarised whenever possible. If notary public is not available, have two witnesses si,j;n. IMPORTANT. Make two carbon copies;: file one, send the oth©r with the original to COFO, 1017 lynch St., Jackson, Miss* KR35B GH MCK If M9USD, AFFIDAVIT STATE OF MISSISSIPPI COUOTY OF KAl-Z Mrs.. HQoie Lu Siaith AGS -2^: . . AITtiSSS— jlSMpr L -e Str-*- _____J!; ^Htt^:ii_u>'** M^'"Si!AppL- OCCUHVTICK lot sew if e __ -_ WCRS^Ione ^_ .„_ ^_ Being duiy^sworn deposes and scysT^to-^itT I ama citiaeh e«f the Ubite© etate¥ of America and am a Negro or white participant in civil rights aM desegregation work; On 'day) -^Iday * ^^^LjjjjjL _ » Cgatg) — ^ j 19^ about (t^m3^^^^T;'^~^7 the following happened ? s Uhen 1 got to the bus, my sister was pushing this man Off of her. He vac Ln 'o u:' her off the bus. She wouldn't move, SO he was going to move her himself. sgn did the best she could. She scratched bin and bit him. _ . Sigr^d:!^^^^^ J^J^# Sworn to and signed before me this .. • day of , J 9 _ . Signed r __ "'" Setoff "Sialic'" I hereby certify that a notary public is not available to m and tha t the above is true to the best of ay recollect! oa, this day of a \B&?, Signed x_ man iKfaoww ",A" •" COMPIAINT ANh kgtffikVtS FCRM - X£3ZXJC£3fm%: FLU ©at •&£ '8fe® Maafei and then give: (1) Tell why you were there; (2) What y@a i&A ij&d what happened;(3) State everything In direct quotation® ^hen p5»#ihle; especially what you said and what the offlciajji or ©the?is g*M| (%) Fully describe all important people involved, particularly p©Me®j giM\ Give physical descriptions when nasass are act kaowso fj| fifty *&Jp ye*s think people did what they did to you and to others. (6) f»ll "vlvMr you or the other people involved have dorse in civil rights espeeiaUy ftfc regard to voter registration; (7) Be siare to have this affidavit ra©tariisS& whenever possible. If notary public is not available, Mm tw® witseseee sicin. IMPORTANT. Make Wo carbon copies;: file 0M, sesd the djg&e? with t&» original to COFO, 1017 lynch St., Jackson, ItiLcc. KRXBB Ws MCK Sf Hf&SDc A F F IDA V I T wi» STATE OF MISSISSIPPI couimr OF FOTJBS? KAIS Mrs. H.osle Lu Smith .Agl ~?(j. A--3ICSS— J15 Mobile Street . flj jlatti^sbur^ Mississippi j OCCUSflTlON .jQisewlfei , ' ___ MQm ^^^ _ _ _^-^_^_ Being duly sworn deposes andTlscyV:' toAilt'":^'" IT am-* citiWn ''^HeSe' "lfei^ee(SS^es of America and am a Negro or white participant in civil rigjst* Aei (Segegrejgttion work; On 'feyLlllif:ay J (^n^j!_July_ ._, (gate) 21_^-_ _> 3%? about (tiael^jCQ^j^r"thVf ollewi no Eippcnf&f When : got to the but, ay Bister was pushing tail aac off of her. He was trying 4o put her off the bus. She wouldn't move, so he was going to move aer himself. 3&~: did the best she eouid* She scratched him and bit Hi*. ASM**** jfart, m%, Y/ Sworn to and signed before m tils .. .- • day of J : •md—tfrasw *• ~ •••..-..•.i,,. .I,.,,1.1 i I,, | _-,-. jr I COUNCIL OF FEDERATED ORGANIZATIONS, et al. . Plantiffs, : CIVIL ACTION k A. ttlL. * .1. ' B°- 3599 (J) <*> Defendants. j r I •—ii— HWIIM MI«J_ — M— m ^Mwi^mTT STATE OF MISSISSIPPI) ) SS.: COUNTY OF FORRtST ) ,1 being duly sworn, deposes and says: Since I was not at home when the blase occurred,! will give a picture of what happened to the pariah hall of Rosary Oatholio church,902 Babbs- street Hattiesburg at Tuesday sight about 3 A.M.by tasting the "Hattiesburg American" of Jane 17,1964 with ay stateaeati "Firefighter* was answered the call at 3*07 A.M.said they acted a strong sesat of gasollas.1ST.John Kersten,white pastor sf the Isgrs church,said today that the damage will probably amount to |4,646 or aore.The big fraae hall lo located directly behind the church and althoug] it is listed as a total loss firefighters were able to save the ohureho Kersten said* "There was a nesting of 20 or 30 respectable and responsible legross.thsy net between 9 and 11 F.M. Monday to discuss ways and nsans of avoiding vi^cfcnoe in this area during the summer.Although I did not attend the session,these psople assured me that they had no desirs to disouss picketing or any other kind of civil rights demonstrate Most of the group wsre preachers,teachers,doctors and businessmen,all Negroes,most of them elderly.They want to do what they ean to ass that Hattiesburg doss not beoons a second St.Angustins,Fin.,and I have •WTJ reason to believe thea.Ferhaps one or two of then are members of the Church but the netting was not sponsored by the Church. They simply asked if they might use the hall and I gave them permission to use It for what I consider a worthy cause". The group of Negroes plans to mset with the mayor latsr in the week to disouss nsans of minimising the chance of racial violence hers"- So far the newspaper. I can assure that there was no gasoline in the building and that the "Hattiesburg Aaerioan" of June 16 suggested arson as the probable cause of the blase. Hattiesburg July 29,1964 UNITED STATES KSTRXGT COURT FOR SOUTTON DISTRICT OF MISSISSIPPI JACKSON nnnsioN COUNCIL OF FBDEMTED ORGANIZATIONS, et al. Plantiffs, CIVIL ACTION v. NO. 3599 (J) (M) L. A. RAXNEX, et al. STATE OF MISSISSIPPI) ) SS.t COUNTY OF FORREST ) I^g^enLjcfrn fersJgE_^___, being duly sworn, deposes md saysi Since I was not at home when the blase occurred,I will give a pictur® of what happened to the parish tell of losary Oatholi© church*902 Sabbs- street Eattiesfeurg at fuesday sight about 3 A.M.toy I can assure that there was n© gasoline in the building and that the "Hattiesburg American" of Jua® 16 suggested arsoa as the probable cause of the blases Hattiesburg July 29,1964. J Rev.John lerstta. UNITED STATES DISTRICT COURT FOR SOUTHS® DISTRICT OF MISSISSIPPI JACKSON DIVISION •»—— — — — ,n _.inw_^J- - • --immmm»mm~^m.~wm±i^tm Y COUNCIL OF FEDERATED ORGANIZATIONS, et al. CIVIL ACTION NO. 3599 (J) (M) STATE OF MISSISSIPPI) ) SS.: COUNTY OF «-,-__ ) hbroton being duly sworn, deposes and says: t Since I was not at home when the blase occurred,I will give a picture of what happened to the parish hall of Rosary Catholic ©huroh,902 Debbs- strset Hattiesburg at Tuesday night about 3 A.M.by quoting the "Hattiesburg American" of June 17,1964 with my statements i "firefighters who answered the call at 3:07 A.M.said they noted a strong scent of gasoline.Rev.John lersten,white pastor of the legro church,said today that the damage will probably amount to #4,0*0 or more.The big frame hall Is located directly behind the ohuroh and althoug it is listed as a total loss firefighters wsre able to save the ohuroho lerstsn saidt"There was a meeting of 20 or 30 respectable and responslhls Negroes.They met between 9 and 11 P.M. Monday to disouss ways and means of avoiding vi^omnce in this area during the summer.Although I did not attend the session,these people assured me that they had mo desire to disouss picketing or amy other kind of civil rights demonstrati Most of the group wore preachers,teachers,doctors and businessmen,all Negroes,most of them elderly.They want to do what they oan to see that Hattiesburg doss not beooms a second St.Augustine,fla.,and I have every reaeon to believe them.Perhaps one or two of them are members of the Ohuroh but the mooting was not sponsored by the Church. They simply asked if they might use the hall and I gave them permission to use it for what I oonsidsr a worthy cause".The group of Negroes plans to aset with the mayor later in the week to disouss means of minimising the chance of raoial violence here"- 8© far the newspapsr. I oan assure that there was no gasoline in the building and that ths "Hattiesburg American" of Juno 16 suggested arson as the probable oause of the blase. Hattiesburg July 29,1964. UNJT® STATES SE3TRXCT COURT FOR SOCTHHW USTUCT OF MISSISSIPPI JACKSON SVISION esmseji ^usmemtsjjss^se^s^ts^mmam comm, or IKOSULTSD ORGANIZATIONS, et al. Plantdffs, GTVXL ACTXQM MO. 3599 L. A. RHEH. et si. Defendants, , eg. «*<» m i JMC?- jB STATE er mmmmx) ) SS.i OOUftTX flP FORREST ) Reverend Joan Kersteft . being duly sworn, deposes and eayst z ft|N I mms sot at homo whom tho elase "*^» ,"^lkg™ Suf^S! of^£mt happen.* to tho parish hall of losmxy »^u* &"**:90* ** o^oel lattieotarg *\^^**lJ8?2tl ttttESfc •lattissew* Aasrieaa* of Jfcae 17,1964 with my statement* "Hffofiahtors who answers* tho ©oil at 3i«7 A.**, sold they »•£•* • .tr2T22* of l^ll^soTlov^ohm *ersten,whito pastor of the logw oa«5h\emid todmrthmt the damage will »"*£?« ITS! !Sj&^°Iitho •ore.She hi* fmae hall lo Xeoatod direotly behind the «*«<* I^SIa itii Umtoil a« a total loos firefighters wor30e able H jw the •*£•*• «&RtTi5illlfmt.ie/ Se 1 earn asws thmt there MM gsaelias im the l"*1"* "•**£* ••attioataffg Aae^ieaa" of J«ao 16 suggested arson as ths probable 10 « lattieHitasi #«lr 2$„19&4 UNITED STATES BE8TRICT COURT TOR SOUTOTtN EKS^CT OF MISSISSIPPI JACKSON SPTSION COUNCIL OF FEDER4TBD 0RGANIZ4TI0NS. et als Plantiffs, CIVIL ACTION v. L. A. XAXHBT, et al. ». 3599 (J) (K: Defendants, STATE OF MISSISSIPPI) ) SS.s cwmv mm } ,i being duly sworn, deposes and saysg Since I was not at home when the blase occurred,! will give a picture of what happened to the parish hall of Rosary Oatholio ohu?oh,902 Babfes- street Hattiesburg at Tuesday night about 3 A*lfflfey qaotfag tho "Hattiesburg American" of June 17,1964 with ay stateaeats "Firefighters wh@ answered the ©all at 3s07 A*£t.mai* th©y aeted a strong scent of gasoline.Rev.Joha Ierstea,whlt® i?*st©r of the I©gr@ ©hureh,said today that the damage will probably ©mount to §4S©®© or mors. The big frame hall is looatsd directly behIM the ohuroh and al thong! it is listed as* a total loss firefighters wer® able to aaTs the ehmroho lersten saidi"fhers was a meeting ©f 20 ©r 30 respeet&bl® and respoasihle Sfegroes.They met between 9 and 11 f.M. Monday to discuss ~%ys aad means of avoiding vimoanoe in this area during the summer-Although I did not attend the session,these people assured ®@ that they had a© desire to disouss picketing or &ay other kind of olvil rights dsmoastratit Most ©f the gr@up were preacher®9t©ash®r®,doctor® and busla©ssae®8all 8*gr©es,a©st of thea elderly.They want to d© ^fcat thssy can t© se® that iattiesburg does not beoome a ®«©©ad St .Augustine, Ha.,and I ha*?® every reason t© believe thea*Perhaps one ©r two @f th&m are menhirs ©f the Ohuroh hut the meeting ms not sp@asor®d Tby the Church. They simply asl^ed if they sight uaie the hall &ad I gave $hem Remission t© us© It for what I consider a worthy eaus®"»The gr®up ©£ Hegro®s plans to meet with the mayor later In the ¥®®k to discuss aeaas ©f minimising the chaaee of racial violence here"- 8© far the newspaper. I ©an assur® that there was a© gas@lia@ la the building and that the aHattl®sburg American" ©f Jus® 16 suggested ers@a a® the pr@babl@ ©ause ©f the blase. Hattiesburg July 29,1964 / a@VsJoha S©rst©n<; msfm STATS mswiGi GO®T JAQ&0N S¥2SX0N COUNCIL OF wmmkTm QRGAJBZATMS, et al. Plantlffi, SV1L AG5Q& ». 3599 (J) (1) L. A. man, «t ai. Dafswiantg. STATE ©P tCSSXSSxffX) ) SSss COTTT 0? FORREST ) Reverend Joan Kersten ,, bsdng §£aly st»ra9 dfepos®® ®M s®yss Use® 2 was sot at home when the blase @e©urred,2 will glwa a idotmsa of what aappe&od to the pariah hall of Seemly Oathollo ®hw?®k99@2 labta- street lattieetarg at Tuesday might abo®t 3 A.lohy faatzas the "lattiesburg Amsrleaa" of Imz® 17*1964 with sy statement? fflfl^fi§htej?§ who answered the ©all at 3i®7 AOL said th@y mote* a «tr#ag seeat of gasoline ot©^© 2 @aa msmmm that there m® mo gasolim® is the building and that th@ ®latt&®sl>ws?g &m®w±mmm of Jume 16 ®^gge#ted feya$a ®s the probable @®®«a ®f ^a,e felame. •attlattacf ^aly 29V196A. l@Vo^©te ler^tea. ^ssMamaMssi • 1 - * * Southern District of Mississippi Filed Feb. 24 1965 Loryce E. Wharton, Clerk By /s/ Esther Carter, Deputy UNITED yTAlKS DISTRICT COUPT SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION CRIMINAL NUMBER l)215 UNITED STATES OF AMERICA PLAINTIFF !iv- 1/ CECIL ?A'i(JRl£iy BERNARD L. AKIN, JIMMY ARLEDGE^, HORACE DOYIE BARNETtE, THAVIS MARYN HARNETTE^, OLEN LOVELL BUHRAGE*/ JAMES T. HARRIS*/, FRANK J. HERNIK N ^EDGAR RAY KILLEN/ BILLY WAYNE FOSEY< LAWRENCE ANDREW (RAI^Y^X ALTON WAYNE ROBERTS^ JERRY MCCREW S^&KFEV' JIMMY SNOWDE^, JIMMY LEE TOWN^SENDV HERMAN TUCKER/RICHARD ANDREW (WILLIS, DEFENDANTS The named defendants move to dismiss thi6 indict ment for failure to state on offense against the laws of the United States. The indictment is predicated upon 18 U.S.C.A. §241. The firBt paragraph of the Indictment states that Rair.ey was sheriff, Price was deputy sheriff and that Willis was a police officer, each acting at all times under "color of laws" of the State'of Mississippi. The statute mentions nothing about "color of law" in the description of the crime embraced therein. The indictment charges that from January 1, 1964, to December 4, 1964, the named defendants in the Southern District of Mississippi conspircd^to injure, oppress, threaten end in timidate Michael Henry Schvemer, James Earl Chaney and Andrew Goodman, each a citizen of the United States, in the free exercise and enjoyment of the right and privilege secured to them by the Fourteenth Amendment to the Constitution of the United States not to be deprived of life or liberty without due process of law by persons acting under color of the laws of Mississippi." The third paragraph of the indictment states I that It Has the plan and purpose of r.uch conspiracy that cr.Jd victims would be released by said officials from the county jail and that the individual defendants would Intercept said released)prisoners "and threaten, assault, shoot and kill them." This entire offense is said to have been committed in Neshobc County, State of Mississippi, in violation of said >1_ §241. \V This statute was designed and intended solely for the protection dt—fejjerally created rights^ not for any right merely guaranteed by the laws of the United States. This is /[ u not a statute which makes murder( a federal crlme^jander the ° ?AiyT^J i\ facts and circumstances in this case. The right of every per son not to be deprived of hiB life or liberty without due process of law is a right that existed prior to the Federal Constitution.-felt is a right which is protected by state laws and is merely guaranteed by the Constitution of the United States. In United States v. Cralkshank, 92 US 588, there ti yz• ^ (was an Indictment under §6 of the Enforcement Act of May 31, ' \v/i' /870, appearing as 16 Statute At Large 141, which is similar lin many respects to §241 here. The Court said: "The third / and eleventh counts are even more objectionable. They charge / the Intent to have been to deprive the citizens named, they being in Louisiana, 'of their respective several lives and liberty of person without due process of law. ' This is nothing else than alleging a conspiracy to falsely Imprison or murder citizens of the United States, being within the territorial jurisdiction of the State of Louisiana. The rights of life anc personal liberty are natural rights of man. 'To secure these rights,' says the Declaration of Independence, 'governments -2- 53 . » are instituted among men, deriving their jutt powers fro\i the consent of the governed.' The very highest duty of the States, when they entered into the Union under the Constitution, was to protect all persons within their boundaries in the enjoy ment of these 'unalienable rights with which they were endowed by their Creator,' Sovereignty, for this purpose, rests alone with the States. It i6 no more the duty or within the power of the United States to punish for a conspiracy to falsely imprison or murder within a State, than it would be to punish for false Imprisonment or murder Itself. The Fourteenth Amendment prohibits a State from depriving any person of life, liberty or property, without due process of law, but this adds nothing to the rights of one citizen as aglnst another. It simply furnishes an additional guaranty against any encroachment by the States upon the fundamental rights which belong to every citizen as a member of society." The Indictment at bar is clearly void under the holding of Williams v. United States, (5CA) 179 F.2d 644, where the Court reversed a conviction under a very similar Indictment In this circuit. That opinion makes abundantly clear the Infirmities which are inherent In the indictment here. That decision was rendered on January 10, 195Q. M On April 23, 1951, In United States v. Williams, 341 US 70; 71 S.Ct. 581, the Supreme Court of the United States affirmed that decision. Among other things, the Supreme Court in that case said: "All the evidence points to the same conclusion: that §241 applies only to interference with rights which arise from the relation of the victim and the federal government. and_not to interference by state offl- -3- cers with rights which the federal govemr.eni merely guarantees «=—- ° , Jb ' —— from abridgment by the state_g_.__^*Nor does the defined crime have as m ingredient that the conspiracy be under color of State law. Criminal statutes should be given the meaning their language most obviously invites. Their scope should not be extended to conduct not clearly within their terms. We therefore hold that Including an allegation that the defendants acted under color of State law In an indictment under §241 does not extend the protection of the section to rights which the Federal Constitution merely guarantees—againstabridgment by the States. Since under this Interpretation of the statute the indictment must fall, the judgmen4i_oXjfhe court below is affirmed." The Congress has known of that decision now for approximately fifteen years and has acquiesced therein as a proper construction of §241. Here we have fourteen private individuals and three officials as defendants. Thcdefendants are not charged with the violation of any right which w»s r.nnfprred upon either of these victims by a federal law. It_J^__QXjQo_c^nsjequence, therefore, in law that some of the defendants were officials and that some of them were merely private citizens in alleged ly committing the offense charged. The motion, like a demurer of old, admits for the purpose of this hearing all matters and things well pled in the indictment, but contends that even so, they are not charged with an offense against the United States The authorities cited and found upon independent research support the soundness of this position. The indictment surely states a heinous crime against the State of Mississippi, but not a crime against the United States. This 1B a court of ^4~ limited jurisdiction. The United States has no common law. Section 241 must be and is the sole and exclusive exponent of the offense set forth In this indictment.4^ The Indictment simply does not charge either of these defendants with any Mi at the laws nf theJJnJj^d_JLtateB. The motions ^y to dismiss this Indictment against the named defendants will, therefore, be sustained. There are several other motions presented by these defendants pursuant to a previous order of this Court, but action on such motions is unnecessary by reason of the dis position of the foregoing motions. Such other motions, there fore, may be withdrawn or will be overruled. A judgment ac cordingly may be presented. February 24, 1965 UNITED STATES DISTRICT JUDGE -5- UNITED STATES COURT OF APPEALS FIFTH CIRCUIT No. 21,795. COUNSEL OF FEDERATED ORGANIZATIONS, ET AL, APPELLANTS vs. L. A. RAINEY, ET AL, APPELLEES COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PETITIONERS vs. HONORABLE SIDNEY C. MIZE, RESPONDENT Appeal from the United States District Court, Southern District of Mississippi, Eastern Division BRIEF OF RESPONDENTS - APPELLEES DAN H. SHELL Special Counsel Jackson, Mississippi JOE T. PATTERSON Attorney General of the State of Mississippi Jackson, Mississippi WILL S. WELLS Assistant Attorney General of the State ot Mississippi New Capitol Building Jackson, Mississippi Attorneys for Respondents ~ Appellees INDEX Page BRIEF CF RESPONDENTS -APPELLEES 1 THE DISTRICT COURT WAS EMINENTLY CORRECT IN DISMISSING APPELLANTS' COMPLAINT 1 CERTIFICATE CF SERVICE 7 CASES CITED: Coakley v. U. S. District Court, 291 F. 2d 927, approved 7 L. Ed. 2d 69 1 Dunn v. Gazzola, 216 F.2d 709 4 Ex Parte v. Fahey, 91 L.Ed. 2041 1 Leimer v. Reeves, District Judge, 180 F.2d 891, Cert. Denied, 95 L.Ed. 627 1 McCampbell v. Warrick Corp., 109 F.2d 115, Cert, Denied, 84. L.Ed. 1401 5 Morse v. Lewis, 54F.2d 1027, Cert. Denied, 286 U.S. 557, 76 L.Ed. 1291 5 Parmelee Transp. Co. v. Keeskin, 186 F.Supp. 533, Aff'd. 292 F. 2d 794, Cert. Denied, 7 L.Ed.-2d 340 5 Roche v. Evaporated Milk Association, 319 U.S. 21-32, 87 L.Ed. 1185 1 OTHER AUTHORITIES: Civil Rights Act, 42 U.S.C.A. 1983 and 1985(3) 4 C. J. S., "Conspiracy", Section 25, p. 1039 5 Federal Rules of Civil Procedure, Rule 9b 3, 4, 6 BRIEF CF RESPONDENTS - APPELLEES The action of the District Court in dismissing Appellants' Com plaint is an appealable order and, thus, must be reached in this Court by appeal and not by writ of mandamus. The Supreme Court of the United States in Roche v. Evaporated Milk Association, 319 U.S. 21-32, 87 L. Ed. 1185, in reversing the United States Court of Appeals for the Ninth Circuit, used the following language: In determining what is appropriate we look to those principles which should guide judicial discretion in the use of an extraordinary remedy rather than to formal rules rigorously controlling judicial action. Considerations of importance to our answer here are that the trial court, in striking the pleas in abatement, acted within its jurisdiction as a dis trict court; that no action or omission on its part has thwarted or tends to thwart appellate review of the ruling; and that while a function of mandamus in aid of appellate jurisdiction is to remove ob stacles to appeal, it may not appropriately be used merely as a substitute for the appeal procedure pre scribed by the statute. To the same effect is the case of Leimer v. Reeves, District Judge, 180 F.2d 891, Cert. Denied, 95 L.Ed. 627. The same principle is applied in Ex parte v. Fahey, 91 L.Ed. 2041, Coakley v. U. S. Dis trict Court, 291 F.2d 927, approved 7 L.Ed.2d 69. We earnestly submit that this Petition for a Writ of Mandamus should be dismissed. THE DISTRICT CCURT WAS EMINENTLY COR RECT IN DISMISSING APPELLANTS' COMPLAINT When a hearing on this matter at Meridian, Mississippi, on July 23 was recessed until Thursday, July 30 at Hattiesburg, Mississippi, the District Court ordered that the three plaintiffs, who swore to the Complaint, namely, R. Hunter Morey, Dorie Ladner and Ruth Schein, be present in Hattiesburg on July 30, at 9:00 A. M. Then and there counsel for Plaintiffs noted an objection in the record to that directive. There could not possibly have been any misunderstanding on the part of Plaintiffs' counsel in connection with that order. When Court convened at 9:00 A. M. in Hattiesburg on July 30, the District Judge inquired as to whether or not those parties were present, to which Mr. Kunstler, attorney for Plaintiffs, who had objected to the Court's order in Meri dian, announced to the Court, "No, I have them waiting in Jackson. " It, therefore, became quite apparent to the Court that Mr. Kunstler had evidently, by deliberate design, instructed these Plaintiffs not to be present in Hattiesburg at 9:00 A. M. but to await his advice, in Jackson. This was a deliberate violation of the orders of the District Court and the Court was justified in dismissing this suit under Rule 41-b. But the Court did not base its order on this alone, but for the more substantial reason that the Complaint failed to state a claim upon which relief can be granted on the motions made by Defendants, which go to the jurisdic tion of the Court. It will be noted that in deciding this matter the Court first made its pronouncement that it did not think the Complaint states a cause of action upon which any relief could be given and described the Complaint as being "a scatter load, the worst I have ever seen. " The Complaint in this cause is based entirely on a charge of con spiracy. Such a charge, as all of the courts have held, like a charge of fraud, must be pled with that particularity controlled by Rule 9-b of the Federal Rules of Civil Procedure. It cannot be pled by conclusionary allegations or by the general assertion that Defendants conspired for the purpose of depriving Plaintiffs of equal protection of the laws or of rights and privileges and immunities secured by the Constitution and laws of the United States. When the Complaint is examined, it will be noted that Paragraphs 15, 16, 17, 18 and 19 are all couched in general conclusionary language and set out no particular act by any particular defendant. Paragraph 20 attempts to set out an overt act, but in so doing, fails to identify any de fendant or any person and even fails to charge all defendants with the act complained of. The significant language in Paragraph 20 is as follows: "The defendants, or some of them, (underscoring ours) together with persons presently to the plaintiffs unknown", conspired and committed certain criminal acts. That these acts were for the purpose of intimi dating and deterring certain people from exercising any of their funda mental rights under the Constitution of the United States. What rights are not particularized or described except in general terms. The Court should bear in mind that the Defendants in this action are L. C. Rainey, Cecil Price, T. B. Birdsong, Association of Citizens Councils of Mis sissippi, Ku Klux Klan, Americans for the Preservation of the White Race, John Doe and Richard Roe, John Smith and Paul Jones, Members of State and Local Law Enforcement Agencies in Mississippi and private white citizens of the State of Mississippi. The only Defendants upon whom process was served and who are presently involved in this suit are 4. the Defendants, Rainey, Price, Birdsong and Association of Citizens Councils of Mississippi. When Plaintiffs, as they did in Paragraph 20, say that "the Defendants or some of them, " did certain things, how could the Court possibly determine which Defendants are charged with such acts ? How could any one of the Defendants know whether or not he was charged with such act? When Plaintiffs charge that such acts were done by some undesignated person or persons for the purpose of intimidating and deterring some unnamed negro citizens from exercising their funda mental rights under the Constitution of the United States, how is any one to know what rights are involved? The charge in Paragraph 20 alleges that serious injuries were inflicted upon several negro citizens of Ne shoba County. They are not named or identified. The same fatal defects can be found in Paragraph 21 of the Com plaint. The entire Complaint falls far short of stating a claim upon which relief could be granted as required by Rule 9-B of the Federal Rules of Civil Procedure. In the case of Dunn v. Gazzola, 216 F. 2d 709, an action was brought for damages under two provisions of the Civil Rights Act, 42 U.S. C. A. 1983 and 1985(3). This suit was brought against a group of officials of the Commonwealth of Massachusetts and the City of Attleboro. This was a conspiracy case. The complaint was dismissed for failure of Plaintiff to state a claim upon which relief could be granted. The First Circuit, in sustaining the action of the District Court, used the following language: * * * the bare conclusionary allegation that "the defendants jointly conspired for the purpose of depriving the plaintiff of the equal protection of the laws and of her rights and privileges and im munities secured to the plaintiff by the Constitu tion and laws of the United States", without any support in the facts alleged, could not protect the complaint from the motion to dismiss; only material facts and not the unsupported conclu sions of the pleader are considered in the light most favorable to the plaintiff. To the same effect are the cases of McCampbell v. Warrick Corp., 109 F.2d 115, Cert. Denied, 84 L.Ed. 1401, Parmelee Transp. Co. v. Keeskin, 186 F.Supp. 533, Aff'd. 292 F.2d 794, Cert. Denied, 7 L.Ed. 2d 340. In C. J.S., under the general heading "Conspiracy", Section 25, at page 1039, we find this statement, "the facts and circumstances which constitute the conspiracy, or from which it might be inferred, should be set out clearly, concisely and with sufficient particularity", citing Morse v. Lewis, 54 F.2d 1027, Cert. Denied, 286 U.S. 557, 76 L.Ed. 1291. Counsel, in their Brief, go to great lengths in tracing the legis lative history of the Civil Rights Acts and to great lengths in tracing the history providing for the appointment of commissioners. They call attention to many affidavits, which have been injected into this case and take the particular pains to condemn the entire State of Mississippi and its citizenry. No attempt has been made to engage in a verbal battle with counsel in their scurrilous attack for the reason that the issue be fore this Court is confined to the narrow limits of whether or not the Complaint states a claim upon which relief can be granted under Rule 6. 9-b of the Federal Rules of Civil Procedure coupled with a deliberate refusal to comply with an order of the Court about which there could be no uncertainty. If the District Judge had dismissed this Complaint under Rule 41-b alone, there might be some concern in the minds of this Court as to whether or not the District Judge acted providentially. Cn the other hand, considering that the District Judge had carefully examined the Complaint and the Motions to Dismiss prior to the hearing date in Hattiesburg on July 30, if this Court concludes that the Complaint in this action fails to meet the standards of particularity which is required un der the Federal Rules of Civil Procedure in a case such as this, the District Judge was thoroughly warranted in his order of dismissal and this Court should say so. Due process is a two-pronged right and De fendants are to be advised of charges made against them with sufficient clarity as will enable them to properly defend. Plaintiff should not be permitted to bring a scatter-gun charge of widespread conspiracy in such general terms as we have here. This Court may recall or may have seen statements in the press during the early part of 1964 in which leaders of some of the organizations, which are members of CCFC, openly boasted that during the summer of 1964 their organizations intend ed to march, en masse, on Mississippi to bring about a situation that would require the Federal Government to move in and take over the State. It would seem that this suit was brought with that object in mind. We earnestly submit that the District Court correctly and prop erly dismissed the Complaint in this action for failure to state a claim as is required by Rule 9-b of the Federal Rules of Civil Procedure and that his action in so doing, should be sustained. Respectfully submitted, DAN H. SHELL, Special Counsel, Jackson, Mississippi JOE T. PATTERSON, Attorney General of the State of Mississippi WILL S. WELLS, Assistant Attorney General of the State of Mississippi, New Capitol Building Jackson, Mississippi ATTORNEYS FCR RESPONDENTS- APPELLEES BY: Will S. Wells, of Counsel. CERTIFICATE CF SERVICE This is to certify that a true copy of the foregoing Brief has this day been mailed via United States Mail, postage prepaid, to L. H. Rosenthal, 406 Medical Building, Jackson, Mississippi, and Kunstler, Kunstler & Kinoy, 511 Fifth Avenue, New York, New York 10017, at torneys for Petitioners -- Appellants. DCNE this the 3rd day of November, 1964. Of Counsel for Respondents--Appellees. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 21795 COUNCIL OF FEDERATED ORGANIZATIONS, et al., Appellants, -against- L.A. RAINEY, et al., Appellees. COUNCIL OF FEDERATED ORGANIZATIONS, et al., Petitioners -against- HON. SIDNEY MIZE, Respondent. Petitioners-Appellants respectfully submit to the Court the attached article from the New York Times written by Homer Bigart and appearing this Sunday, November 29th, 1964, Exhibit A attached, for the Court's information. The article lends important support to the credibility and seriousness of petitioners-appel lants' allegations of conspiracy set forth in the complaint herein, and underlines once again the urgency of prompt relief from this Court. Petitioners-Appellants accordingly respectfully renew their request that this Court as soon as is practicable reverse the order appealed from, thus providing petitioners-appellants an immediate and full hearing on the serious allegations contained in the com plaint, and in the interim grant the emergency relief prayed for. Respectfully submitted, Attorneys for Petitioners- Appellants L.H. ROSENTHAL SMITH, WALTZER, JONES & PEEBLES 221 N. President Street 305 Baronne Street Jackson, Mississippi New Orleans, Louisiana By Benjamin E. Smith KUNSTLER KUNSTLER & KINOY Bruce C. Waltzer 511 Fifth Avenue New York, N.Y. 10017 MELVIN L. WULF By William M. Kunstler 156 Fifth Avenue Arthur Kinoy New York, N.Y. MORTON STAVIS 744 Broad Street Newark, New Jersey IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT COUNCIL OF-FEDERATED ORGANIZATIONS, et al., Petitioners-Appellants, c s -versus- L. A. RAINEY, et al., Defendants-Respondents. STATE OF NEW YORK ) ( s s.: COUNTY OF NEW YORK ) WILLIAM M. KUNSTLER, being duly sworn, deposes and says: 1. I am one of the attorneys for the petitioners and am fully familiar with the details of the within action which is an action for a permanent and temporary injunction re straining the respondents from conspiring to utilize or utiliz ing force, violence or any terroristic act to deter, impede or punish the petitioners and all classes of citizens they re present from exercising their rights, privileges and immunities as citizens of the United States, and to require the appointment of United States Commissioners for every county of the State of Mississippi to insure the protection of the petitioners and all classes of citizens they represent. I am submitting this affi davit in support of petitioners' application for emergency relief. 2. The verified complaint herein, a copy of which is attached hereto, was duly filed on July10, 1964 in the court below (Exhibit A). The following day, Chief Judge William Harold Cox, on the complaint alone, issued an order to show cause returnable before District Judge Sidney Mize in Meridian, Mississippi, on July 23, 1964, why temporary relief should not be granted. Said order is attached herewith (Exhibit B). 3. Prior to the Meridian hearing, petitioners sub poenaed some thirteen persons, including the Sheriff and Deputy Sheriff of Neshoba County, prepared voluminous documentary evidence and arranged for the. presence in court of some nineteen voluntary witnesses. 4. On or about July 21, 1964, petitioners were served with a motion to quash the service of process on behalf of respondent WHITE CITIZENS COUNCILS OF MISSISSIPPI on the ground that there was no such organization. A copy of said motion is attached hereto (Exhibit C). 5. At the commencement of the hearing on July 23, 1964, petitioners were served with motions to dismiss and answers on behalf of respondents RAINEY, PRICE AND BIRDSONG, copies of which are attached hereto (Exhibits D,E. and F) as well as motions by GWIN COLE, a subpoenaed witness, to quash the subpoena and to require the petitioners to show probable cause for the production of certain records (Exhibits G and H). 6. Despite petitioners' insistence that the only issue pending before him was the application for a temporary injunction set forth in the order to show cause, and over their strenuous objections, the District Judge adjourned the hearing until July 30, 1964, in Hattiesburg, Mississippi, in order to hear argument on the motions to dismiss. Prior to the close of the hearing, petitioners served and filed a motion for a temporary restraining order (Exhibit I), and an affidavit of ROBERT WEIL together with exhibits thereto in support of said motion (Exhibit J), which were marked as Plaintiffs' Exhibit No. 1 (P-l). No decision on said motion was rendered by the District Judge. -2- 7. The District Judge also stated that the first order of business at the Hattiesburg hearing would be argument on the motions of respondents RAINEY, PRICE and BIRDSONG to dismiss the complaint. 8. In announcing the adjournment of the hearing, the District Judge stated that he did not believe that he would take live testimony in Hattiesburg if the affidavits there submitted would be sufficient to furnish a basis for decision. Petitioners objected strenuously to this ruling but the court adhered to it. However, it was clearly understood that should the affidavits prove insufficient for an equitable decision, live testimony would then be taken. 9. At the close of the hearing, counsel for the respondents asked the District Judge to order the three petition ers who had verified the complaint to be present and available in Hattiesburg as possible adverse witnesses for the defense. Although petitioners insisted that these three persons be sub poenaed, the District Judge ordered them to be present in Hattiesburg on July 30, 1964, for this purpose. 10. In view of the fact that all of the three persons concerned are civil rights workers serving the Council of Federated Organizations (COFO) in important capacities, that they work in Jackson, which is less than two hours by car from Hattiesburg and that they would not be needed, if at all, until the close of petitioners' case and after argument on the motions to dismiss, they remained in Jackson prepared to journey to Hattiesburg in ample time to be present when required. 11. This decision was further occasioned by the fact that the District Judge had made it quite clear that the issue as to whether there would be any live testimony at all would not be decided by him until (a) he had heard argument and decided -3- _ respondents' motions to dismiss the complaint; and (b) he had read the affidavits and come to the conclusion that he needed live testimony in order to arrive at an equitable decision 12. The District Judge, who had, without notice, excused one of petitioners' key witnesses, MINNIE HERRING, the wife of the Neshoba County jailer, at their request ordered the other subpoenaed witnesses to appear in Hattiesburg on July 30. He also agreed that petitioners would be given an opportunity to take MRS. HERRING'S deposition at some time in the future. Every indication was that a full hearing on all motions before him would be held by the District Judge and that on July 30 petitioners would have ample opportunity to respond to the motions to dismiss. 13. In view of the District Judge's ruling regarding affidavits, petitioners assembled almost two hundred affidavits from deponents throughout the State of Mississippi, reproduced sufficient copies thereof, and appeared in Hattiesburg prepared to submit them, as directed. In addition, petitioners' live witnesses were present when court opened at 9:00 a.m. on July 30th. Three of petitioners' subpoenaed witnesses were not present, one having been excused by petitioners, one by the District Judge (Mrs. Herring) and the other absent for alleged medical reasons. 14. Because petitioners had amended their complaint to include the correct name of respondent "WHITE CITIZENS COUNCILS OF MISSISSIPPI" as "ASSOCIATION OF CITIZENS COUNCILS OF MISSISSIPPI" (Exhibit K), the attorney for said organization had previously informed your deponent that he would withdraw his motion to quash and interpose a motion to dismiss similar to those previously interposed by respondents RAINEY, PRICE and BIRDSONG. This was done in Hattiesburg on July 30 (Exhibit L). -4- 15. At the beginning of the Hattiesburg hearing, H. L. ROSENTHAL, resident counsel for petitioners, routinely asked the District Judge to admit ARTHUR KINOY, one of their attorneys and a member of the bar of this Court, for the purposes of this case, only. The District Judge deferred his decision on this request. He then stated that he had received a letter from the National Lawyers Guild, a bar association which has no connection whatsoever with the instant litigation. The letter, a portion of which he read aloud, consisted of congratulations to the bench and bar of Mississippi because of the recent resolu tion of the Mississippi State Bar Association recommending that its members accept civil rights cases notwithstanding their own personal views about such cases. 16. The District Judge then stated, to the utter be wilderment of the attorneys for the petitioners, that because of this letter he was interested in investigating out-of-state lawyers who were then practicing in Mississippi. He thereupon asked your deponent to stand and proceeded to interrogate him as to how many cases he had handled in the Northern and Southern Districts of Mississippi. Your deponent stated that he had been involved in between six and twelve cases in the Southern and perhaps one in the Northern District. The District Judge there upon stated that he was appointing two of the respondents' attorneys, including the lawyer for the ASSOCIATION OF CITIZENS COUNCILS OF MISSISSIPPI, as a committee apparently to investigate petitioners' out-of-state counsel. Neither the scope of said investigation, its purpose, nor its objective was made clear to petitioners' attorneys who objected to the entire procedure. 17. Although it was impossible to determine the rele vancy of this inquiry, the District Judge said that he was going to insist that your deponent take the stand and testify as to his legal activities in the State of Mississippi. •5- 18. Your deponent did not take the stand because the attorney for respondents RAINEY, PRICE and BIRDSONG interrupted and said that he had another matter to bring to the court's attention. This was an alleged failure of the three petitioners who had verified the complaint to be present in court. Because of this alleged failure of three petitioners, he moved under Rule 41(b) of the Federal Rules of Civil Procedure to dismiss the entire complaint as against all eighteen petitioners and the six classes they represent. The attorneys for respondent ASSOCIATION OF CITIZENS COUNCILS OF MISSISSIPPI promptly joined in said motion. 19. Previously, the reasons for the absence of the immediate three petitioners concerned at that moment and their/availability when required in the courtroom had been explained to the District Judge. Initially, the District Judge maintained that he had wanted the three petitioners before him in order to ascertain whether a bond for costs would be required. However, the reading of the transcript of the Meridian hearing in open court revealed that he was mistaken and that the presence of the three petition ers was the last order of business thereat and was totally un related to the question of a bond for costs. In fact, one of respondents' attorneys had warned petitioners that respondents intended to serve and file a motion for costs before the Hatties burg hearing and no mention whatsoever of the desirability of the presence of the three petitioners had been made in connection with that warning. Furthermore, no such motion for a bond was ever served and filed by defendants, making it perfectly clear that respondents had abandoned that point. 20. Moreover, one of respondents' attorneys stated in open court that the sole reason for his request that the three petitioners be present in Hattiesburg was in order to be called as adverse witnesses for the respondents on their direct case. -6- 21. At the conclusion of the aforementioned colloquies I about out-of-state lawyers and the temporary non-appearance of three petitioners, the District Judge announced that he was dis missing the complaint as to all petitioners, individually and as representative of their classes, on two grounds, namely: (1) pursuant to Rule 41(b); and (2) because the complaint failed to state a cause of action. His order to this effect is attached herewith as Exhibit L'. Petitioners thereupon stated to the District Judge that they intended to appeal to this Court. The District Judge then acknowledged that the record would indicate that an oral Notice of Appeal had been filed and that he had certified the appeal as being without merit. 22. Because there had been no oral argument as to whether the complaint stated a cause of action or not, and in view of the very limited argument permitted by the District Judge as to the applicability of Rule 41(b), your deponent vigorously complained that his clients had been denied their day in court and that there had been no hearing granted to them. It was pointed out that the District Judge had not followed his own procedure as outlined in Meridian and that, in effect, the complaint had been dismissed without even the most rudimentary type of a hearing or the submission of briefs by any party or the opportunity to be heard orally or in writing. 23. Because of the fact that no hearing was permitted by the District Judge,petitioners were unable to proffer the affidavits which they had obtained pursuant to his instructions in Meridian (Exhibits M to M ), or to place their volun- tary and subpoenaed witnesses upon the stand. In addition, they were unable to submit an amended motion for a temporary restrain ing order (Exhibit N), and an offer of proof in the event live testimony of the subpoenaed witnesses were not permitted (Exhibit 0). -7- 24. This Court will take judicial notice that violence against civil rights workers and Negroes in Mississippi is a daily occurrence. More than a dozen Negro churches have been burned since the summer volunteers entered the state. There have been unprovoked beatings of Negroes and civil rights workers by both the police and civilians; Negro homes and civil rights headquarters have been bombed; and the bodies of three young civil rights workers who disappeared on June 21, 1964, have just been discovered in Neshoba County. Shortly after the dismissal of this action, another church was burned and a minister and a civil rights worker who had sought medical attention for the latter, were brutally beaten in a physician's office. The dis covery of the three bodies is tragic proof of the seriousness of the overt acts in the conspiracy charged in this complaint. The need for immediate protection was never more obvious and it should not require the termination of more lives, the injury of more people or the destruction of more property to bring about whatever relief the federal courts can afford and which the Congress, in enacting 42 U.S.C. 1989, clearly intended them to afford. This bill, passed over President Johnson's veto in 1866, was, as Senator Trumbull, its floor manager explained, intended to afford "reasonable protection to all persons in their constitutional rights of equality before the law, without dis tinction of race or color... and to the prompt discharge of the duties of the act, it is to be the duty of the circuit courts ... from time to time, to increase the number of commissioners so as to afford a speedy and convenient means for the arrest and examination of persons charged with violation of the act." (underscoring supplied) Congressional Globe. January 12, 1866, at Page 211. -8- The measure of our democracy is its ability to respond to urgent need -- and the need was never more urgent than it is today in the State of Mississippi. Unless this Court acts now and affords these petitioners a day in court on their serious complaint, a reasonable opportunity to invoke judicial remedies designed to alleviate just such a situation of widespread violence will be lost and the federal forum which Congress has provided for citizens who attempt to secure for themselves or others the protections and guarantees of the Constitution and laws of the United States will be completely closed down. WHEREFORE petitioners request that the emergency relief prayed for in their application be granted and for such other and further relief as to this Court may seem necessary or equit able in the premises. JcLC ••->/<. c L CWilliam M. Kunstler w — UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT COUNCIL OF FEDERATED ORGANIZATIONS, ET AL i Appellants, Vs t • L. C. RAINEY, ET AL, Appellees \ MOTION TO CONSOLIDATE Appellants move the Court to consolidate under one docket number, this appeal, with a matter entitled "Council of Federated Organizations, et al vs. Hon. Sidney Mize, et al", No. 21795 on the basis of an order issued by this Honorable Court on August 27, 1964 in number 21795 expediting the appeal in the above matter and ordering that the brief filed by appellants cover both the petition for mandamus in No. 21795 and the appeal in the foregoing matter. SMITH, WALTZER, JONES & PEEBLES By Bruce C. Waltzer 1006 Baronne Building New Orleans, Louisiana Attorneys for Appellants CERTIFICATE I hereby certify that a copy of the foregoing has been mailed, postage prepaid, to The Honorable Sidney Mize, Mr. Will Wells, and Dan H. Shell on this 1st day of September, 1964. Bruce C. Waltzer f : • '" ', CrL 0? F. . '.V. J . i I . . . : I • : • ' '.••• ... . . • • • • • . . . • • . . . . • • .. . . . . . i ...... • • . • • . • .....••...... • ••• ...... . . - ' •• •• •^ $ %&**$* A. Plaintiffs: 1. Plaintiff, COUNCIL OF FEDERATED ORGANIZATIONS, hereinafter referred to as "COFO", is a coordinated organiza tion of all civil rights organizations in the State of Mississippi. It is dedicated to the achievement, through lawful and constitutional means, of the freedom and equality of Negro citizens of the State of Mississippi guaranteed to them by the Thirteenth, Fourteenth and Fifteenth Amendments to the Constitution of the United States. Plaintiff COFO sues for itself and on behalf of all of its con ... stituent affiliates and cooperating organizations and on behalf of all citizens of the United States, Negro and white, in the State of Mississippi who are endeavoring to assist in its program of activities designed to achieve the full rights of American citizen ship for the Negro citizens of Mississippi, including the right to vote and to participate equally in the processes of political democracy guaranteed to them by the Constitution of the United States. and are citizens of the United States and residents of the State of Mississippi. Plaintiff resides in ; plaintiff t res:ide s **** t 3. Plaintiff «£ , , , and are citizens of the United States and inhabitants of the State of Mississippi. They are COFO staff and volunteer workers who are endeavoring to assist, through lawful and constitutional means, the efforts of the Negro citizens of the State of Mississippi to achieve equality, freedom and the right to vote, which rights are guaranteed by the Constitu tion of the United States and presently denied to the Negro citizens of that state by the authorities of the state in open defiance of the Constitution of the United States and the law of the land. Plaintiffs , Q , , and sue individually and on behalf of all other staff and volunteer workers similarly situated throughout the State of Mississippi, which class is too numerous to bring before the Court. 4. Plaintiff REVEREND R. EDWIN KING is a citizen of the United States and a resident of the State of Mississippi. He is a white citizen and is actively concerned with assisting the efforts of the Negro citizens of this state to achieve freedom, equality and the right to vote. He sues individually and on behalf of all other white citizens of Mississippi similarly situated. in ; plaintiff £ resides in %^JQ{/A^ ; plaintiff Q"* resides in -"p . They are all members of the Negro race and sue individually and on behalf of all Negro citizens of the State of Mississippi, which class is too numerous to bring before the Court. B. Defendants: J? £ Defendant L.C. RAINEY is the Sheriff of Neshoba County, Mississippi. He is a citizen of the United States and a resident of Philadelphia, Mississippi. Defendant CECIL PRICE is the Deputy Sheriff of Neshoba County, Mississippi. He is a citizen of the United States and a resident of Philadelphia, Mis sissippi. They are sued individually and as representative of each and every one of the sheriffs and deputy sheriffs of the 82 counties of the State of Mississippi. This class is too numerous to bring them all before the Court. Q ^it-1 f. D>efendan< t T.B. BIRDSONG is the Commissioner of Public Safety of the State of Mississippi and in charge of the Mississippi State Highway Patrol. He is a citizen of the United States and a resident of the State of Mississippi. He is sued individually and as representative of all of the members of the Mississippi State Highway Patrol, which class is too numerous to bring before the Court. -2- 6. Defendants BARNARC L. ; III, JI1 PLEDGE, HORACE DOYL. B RNETTE, TRAVIS MARYN BARHETTE, OLEN LOVELL BURRAGE, JAMES m. HARRIS, FRANK J. HERNDON, J. i E. JORDAN, EDGAR : KILLEN, BILLY WAYNE Pa EY, ALTON WAYNfi IIBERTS , JIMY "cGREW SHARES, JIMM5C SNOWDEN, JliLsuT LEE TOWNSEND, HERMAN TUCKER and RXCHAHD ANDBffii va LLIb/ are,^/////^/^^//^/ upon information and belief, white residents of tjao -State of'^fawtsaipi. ajftd 0/-e& Neshoba County, Mlssis si pi..-Paf*" A ov + i ^ ' VTTTFi I'I |nn'i^^ |ni1.,w— Upon information and belief, defendant WILLIS was and is a police officer of the City of Philadelphia, Mississippi,, 11. Defendants JOHN DOE and RICH/7D ROE arems^^rrs—W f^.4 ^""P^-^"^1"1^ "^ T--T.mr 7T.AJT whose true names are unknown to the plaintiffs, ere white citizens of the State of Mis sissippi whp, oil information and belief, are members of f$4 defendant KU KLUX KLAN. ft^f// T mH£K> * ^ ^« ops forces in the tox/ns and municipalities throughout th-e State of Mis sissippi, and/or the auxiliary polio-e organisation's and other publio or quasi-public lax/ enforcement organizations residing both in Neshoba and/ Lauderdale Counties oughout /the State/ of Missis- sippi. On information h and belie are members of defendant KU KLUX KLAN and/or defendant AMERICANS FOR THE7 PRESERVATION OF THE WHITE RACE and/or defendant 41*^81*^^ °£k 9. I DefOxidants JOHN SMITH and PAUL JONES, x/hose trUe names are" unknox/n lo/Maintiffs, ai|e private white the State of Mississi^pfi x/ho, on information and/b^elief, are\eithejr not members of the defendants KU KL AMEJ ^PRESERVATION OF \ /faJ THE WHlTt^RAOI or rmS ! acting I in such oapac iW.\ bul ho are\c< and terroristio\ ac^ ;o deter, punish, citizens, Negro and x/hite, who seeL to obtain equality, freedom and th oitizens of the State of Mississippi. 'Mr fHLi Jurisdiction f^T -J^*» T"® jurisdiction of this Court arises under the Constitution of the United States and, in particular, under Article IV thereof, and the First, Thirteenth, Fourteenth and Fifteenth Amendments thereto, and under the laws of the United States and, in particular, Title 28, U.SJJC., Sections 1331, 13^3 and Title h2 U.S.C. Sections 1971, 1981,^1983, 198^, 1988 a*** 1989. as well as undo »*» CUta. iWiim AUI ur ijflu CtJLjJ&h ^^ $-000 *J-*f* Cause of Action /:£ ^^^The defendants, together x/ith numerous persons presently to the plaintiffs unknox/n, for many years up to and including the present date, have oombined and conspired under color of statutes, ordinances, regulations, customs and usages of the State of Missis sippi to subjeot or cause to subject the plaintiffs, being oitizens of the United States, to the deprivation of rights, privileges and immunities seoured by the Constitution and lax/s of the United States. 12. Furthermore, the defendants,' together x/ith numerous persons fe> presently to the plaxntiffs unknox/n, for many years up to and in cluding the present date, have oombined and oonspired for the purpose of depriving the plaintiffs and the olasses of persons they represent, -4- of the equal protection of the laws and of eoual privileges and . If ' immunities under the lax/, including their right to register and vote in elections for, among others, the President, Vioe-President and members of/Congress, and for the purpose of preventing, persuading, hindering or subverting the constituted authorities of the State of Mississippi from giving and securing to all persons x/ithin the State of Mississippi the equal protection of the laws. ,>/. A^v •4T3, Pursuant to this conspiracy, the defendants, for many years Mup to and inoluding the present day, haeee planned and conspired to, m and did in faott utilize illegal foroe, violence and terroristic aots to intimidate and deter the Negro oitizens of the State of Mississippi from exercising their constitutional rights to associate together in efforts to achieve the constitutional objectives of freedom and equality as American oitizens and the fundamental right to register and vote guaranteed under the Constitution of the United States to all American oitizens regardless of race or oolor. Pursuant thereto, the defendants, or some of them, inoluding defendants acting under the oolor and authority of the State of • Mississippi, have engaged in widespread terroristic acts including I « beatings, arson, torture and murder in a concerted effort to intimi date, punish and deter the Negro citizens of the State of Mississippi as well as any white persons x/ho have dared to assist them in their efforts to aohieve the federal constitutional objectives of freedom, equality and the right to register and vote regardless of race and color* vThis concerted, planned and organized conspiracy to utilize these terroristio aots of violence has continued and accelerated up to and inoluding the present date. The existenoe of this con certed plan to utilize acts of violenoe has been reported by agencies of the United States government and by personal representatives of the President of the United States and is x/ell-known throughout the State of Mississippi. i ^7 i47 Prior to 1955, Negroes in most rural communities and in many urban communities of Mississippi did not offer themselves as voters and did not seek to register or participate actively in political life in Mississippi because >of the accepted pattern of life in Mississippi reinforced by the''terroristio aots of these defendants. Beginning shortly after 1951*., in part as a result of the deoision of the Supreme Court of the United States in Brown v. -5- Board of Education, the Negro oitizens of Mississippi began efforts to participate in the political processes of the state. In response to this development from 1955 until the present time, various members of the executive and legislative branohes of the government of the L-\ State of Mississippi, who controlled and dominated the same, have, H^S*?**' engaged in numerous attempts, through legislation and otherx/ise, to bar or greatly limit any increase in Negro participation in the politioal life of Mississippi. Similarly these defendants and others VYK>V\T acting in oonoert with them have intensified their conspiracy to utilize foroe, violenoe and terroristic acts to intimidate and deter the Negro oitizens of Mississippi from exercising their rights of !• American oitizenship. / J&: Furthermore, the defendants, together with numerous person^ presently to the plaintiffs unknown, have recently planned and J conspired to utilize these acts of violence in an effort to deter the Negro citizens of the State of Mississippi from exercising their funda mental, federally protected. constitutional rights of free speech, free press, freedom of assembly and of association and the right to petition their government for redress of grievances, all of which rights are guaranteed to these volunteer x/orkers and to the Negro oitizens of the State of Missis sippi under the First Amendment to the Constitution of the United States. In open defianoe of the Constitution of the United States and of the lax/s of the United States, these defendants, with numerous tV-f-tv |*-l- I persons presently to the plaintiffs unknox/n, have conspired to organize ) and set up clandestine terroristio organizations throughout the various counties of the State of Mississippi for the purpose of planning, preparing and carrying out illegal terroristic acts of violence against the plaintiffs and all citizens, Negro and white, in the State of Mississippi who are presently attempting to utilize their federally protected rights to achieve their federally protected Mtf|MMMBMHHB|HB|MMnn|. goal of freedom, equality and the right to vote. / ^•ae-w fPlaintiffs further state that pursuant to the intensifica tion of thi,s continuing conspiracy and as an overt act thereof, the Rainey and Price defendant?, or—seme ^>f—-them-, together x/ith persons presently to the plaintiffs unknown, did, on the evening of June 19, 19o^, conspire, plan and did, in fact, go secretly and in disguise upon the highways of Neshoba County, Mississippi., and x/ith force and violence and the use of armed weapons did brutally and x/ith malice aforethought and without any justification x/hatsoever, beat and inflict serious in juries upon several Negro citizens of Neshoba County, and did then and there burn to the ground a Negro house of worship, all of which L illegal and terroristic aots were solely for the purpose of inti midating and deterring these Negro citizens and the Negro citizens of Neshoba County from exercising any of their fundamental rights under the Constitution of the United States. This terroristic act oommitted by the defendants or some of them, and.others presently to the plaintiffs unknox/n, x/as in open defiance and violation of the Constitution and laws of the United States. ^J4h^ y^sr*^ i - ^u~A^. Jv£\ Jj^. Plaintiffs further state that pursuant to the intensifica- tion of this continuing conspiracy and ^-g—an- rnrrn*r^ThTri^ffTf^ commencing on or about January 1, 1964 and continuing to on or about December 4, 1964, defendants RAINEY and PRICE, together with BERNARD L. AKIN, JIMMY ARLEDGE, HORACE DOYLE BARNETT^, TRAVIS MARYN BARNETTS OLEN LOVELL BURRAGE, JAMES T. HARRIS, FRANK J. HERNDON, EfAMES E. JORDAN, EDGAR RAY KILLEN, BILLY WAYNE POSEY, ALTON WAYNE ROBERTS, -PW1 McGREW SHARPE, JIMMY SNOWDEN, JIMMY LEE TOWNSEND, HERMAN TUCKER. RICHARD ANDREW WILLIS, within the Southern District of Misssissippi conspired together, with each other and with other persons to the plaintiffs unknown to wilfully subject MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN. aiL_inhabitant of the State of Mississippir, to the deprivation of their -7- ^ ^ yf ^. Plaintiffs further state that! in pursuance ff K and intesificat ion of ybhis continuing conpirykcy, defendants RAINEY j£y($ PEE CE, ei^b, conppired together*^, with oach Other and with other perfo/is to the plaintiffs unkown*wilfully to to subject MHS, JEC and AG, to the deprivationjif their rights, privileges and immunities secured and protected by the Fourteenth Amendment to the Constitution of the United States including the (a4-j sigkt-aet the rights noWtD be deprived of life or liberty without due process of law by persons acting under color of the laws of . the State of Mississippi; (b) to be secure in their ewe. persons while in the custody of the State of Mississippi and its agents and offivers; (cj to be Immune from summary punisnment without due processof la w and to be tried by due process of law for alleged offenses and, If found guilty, to be punished In accord ance with the lawsof the State of Mississippi; ggg (d) toJ^fe foi urge una" e n c our a ge*~*b4b«r^~" tn register to voteand to vote for and to urge eth©3?s-£e and encotr age others to register to vote and to vote for candidates for gt&t©_&R<3-£ed©p&l munici pal, county, state and federal elfices &jad (e) to a™""o_.Jj>l^ Wr t HQ pn-ppoae Q-° e ducat 12J1 FV* ** °^'iCTr;1 on v* li' i in "4'—\ra—the DOTI - hf ,! r | J 4-n-^pT ^""^°^ ir^^'nh nprm y^ ^^] " ^'• " '* ^4-^ ay>4 to—vrrtTe"?- speak, publish, petltL on and assemble for the pupose of education and discussion with respect to the political processes Incident upon such right to register to vote and to vote- fo~JL J £K /UU&* a#~Jr fc. cJLgg^ ,COvx ,W *jty**^L** 2T„ ffiaintiffo- further utftef- ^hp* Upon information and belief, that the o .r.^i ii^^-Q-^^-ffl^-,rn th,rrriirp^r:.rri ,n--r1-.. 1 ~ 1000 g^aff and volunteer from throughout the United States, memebsrs thereof9faLjL/jt£ mangj^JS- \\um #111*1 ii il TI 1 ' Ill othe-r than ..that -ct Kissls'si^i, had volunteered to assist, through lawful and consitutional means, the efforts of the Negro citizens of the State of Mississippi to achieve equality, freedom and the right to register to vote and vote, ~-hich rights v are guanateed by the Constitution 0^ the United States and p#©~ then and presently denied to the "egro citizens of that state by the authorirlties of the state in open defiance of the Con stitution of the United States and the law pf the land, 22. ,J^5?n information £?nd beHTef/ defenoUtfr^s, or h ^^ ,PH X . *' y* OP Plalntiffs further allege jfcf/K that, in pursuance to this conplracy, and. as an overt act thereof J defend tICE, TTi" ' 3 , consent!-—- asre ernent of defe ndant x, at a time when MHH, JEC and AJC- were fe»-k4fl-©«u»fcoeljF iniiijiuin .-ill l — lajLs-»ii imprisoned and in custody'in the Neshoba County ail/, Philadelphia, Mississippi* was to release them from such custody so that ^th^ J ^L_aould be jVntnnc^f»4»trri-1>y -/irHWHTTTbg ft?t ^iBT^^T1rHjtre~a^«€e--eiUifea shortly after their departure from the area of the said Neshoba County Jail they could be iyiterc-dpLiJ )4/ waylaid, sket-e.Rei-k- ^HBtfM & assulted, shot and killed by df5feri.da.nts Price etc. p^\ —— TL/ 25C Plaintiffs ^Hrs*-r allege that in pursuance o this conpuracy and a^>overts acts thereof J[ Defendant Price accosted, stopped and took Into B __ .—, —• , the'afternoon of iuJ^ custody said IffIS etc on or about/June 21, lei* I96I4JL (b) Defendant Price thereupon caused said. MBS etc to be co*rfInad in the Neshoba County "allUrrom in or about "Line late afternoon of said June 211, 19624* until approximately 10:30 p.m. thereof* (c) Defendant Price thereupon transported said «—- « S etc in an automobile south on Highway 19 from ' ia, lilssisslppl* '(d) /sjbfendant Price thereupon sfcepped-fehe-s-asrsS ht the s aid a' Eoile to a stop on Highway 24.92 at a point between said Highway 19 and Union Hiss, caused said MHS etct to be removed therefrom, and to be transferred to an automobile belonging to the Office of th ' irlff of )bs C0untye e)/Defendant Price thereupon trasnported the said MIS etc from the place where he had caused them to be transferred to the automobile b'''iuw'iw^-Jsio the Office o^ the Sheriff of Neshobs County to fbttLf ft j'i •-:' f a pi a e<@ on ?wsBwi4Sia&4»d road intersectiv ay 19 south of Philadelphia, Mis i UfM" ants Rainey, Price, Willis etc, tf/tft/fflfy $,$.$.fitfi^4£ while avting und he lawsof the Sta1 of Mississippi, did then and there wilfully assault, shoot and kill the said MHS etc, i —————=. n c^xj.^ -rrw**ex , aeienaants, or some of them, well knwoJLng that WPQ-piftiRt.i££-MF©l-ft- volunteer and staff rs or plaintiff COFO, WLLQ have jgjj? union fori onoo more valuja-tglared 'UJ>^* from throughout the United 'Hates, have en^e r^rr rr 1 nntnernrd to assist, through lawful and constitutional means, tfrf the efforts - said of the Negro citizens of the State of Mississippi to achieve/equality, ' ThMX. * M*) -yetstill freedom and tfew right to register and votej, x^riili ri; hts -©-re »fcft&& if J^HPJhauti ^"'aei"Lr*; 17"~kf^n5 denied to them,/and that, during the coming (T1 \jh summer of 1965, »fc4U additional volunteer and staff members of rV" plaintiff O0F0, in response to, among other things, the tu>g&ng plea of the President of the United States that the achievement of full equality for all citizens is this country's most ©p©©e^Hg imperative objective and goal, will enter the State of Mississippi for like . and similar purposes, | to com/pslre to utlllza :porce, violence and terroristic acts tp Impede, dterer a^/f frighten ana fearrass the/ plaintiffs trie classes they represent from exercising their fundamnetal rights under the First, Thirteenth, Fourteentl | -.-nth Amend ment s. 22Ii| Plaintiffs furtger alle at, in pursuance ;hls conprlacy efwLBP overt acts thereof, the defendants, or some of them * or about " %r*-f (J ftgll On Janusray 224, 1965, in Taylorsville, 'a church used for vsrfc-ey I'i-r in-teaa.t1 on ar.i/ sCOFO meetings wi^*aB!S£4aa«; or about (b) On February 6 / • in response to i other things, the recent ^1 ur plea of the Pres of the U.S. that the ZY acheievement of full equality for all cits ^V/)h is this country's most pY imperative domestic objective and goal, 4 Upon information : nd belief, defendants, or some , .-. .•'-. plaintiff COFO from throughout the States will ooivblima. /€-Jf->£ j {IMA iiAM*k * ;he coraming summer to assist^ through lawful a constitutional means the el gro citizens o Mfc»»- the state of M to achieve the si 1.ity, lorn J amm —' " " '•"" —— TIIMH t " - *""" " MIUMII mi " > ht to register to vote and votfvWhlch rights aee still lng illegally, unlavfull uncos^ftitotlornllg Led to them byteha tuhorltles of the state, are consplrinq together to subject said volunteer and staff workers of plaintiff COFO as well as the Neg. cits of Hiss to the dpertvatlon etc (same &Sj2/5) 2$y H4f Unless this^ illegal and unlawful conspiracy ^/restrained by this courtJ,, violencevie ^ and terroristic sets will be usedfc©-imp©d©,^ b&/defend.ants to 1 , deter, fright- 7 / en and harass plaintiffs and the classes they represent from exercisin- their fundamental rights under the 1st, 13th, l2j.th and 15th amendments, and ffi±4$ said plaintiffs will imminently suffer death, personal injury, property damage, psychological des trructi on and other Immediate and irreparable injuries and continue to suffer same, \ ITqTWgS" sa4a--iJ..lcgal aompiracy-ia reatialxud b,y Lhlta iuu.jb, the s aid plain ill [a.) e. c m 20; VIWOV.J?, */j > -i^> • 10 [LryM^^I 11' '^f^^t J* These terroristic acts were for the sole purposrnose of f^r~*^ attempting to deter, punish and impede the Negro citizens of Neshoba County, Mississippi and throughout the State, as well as the volunteer and staff workers of COFO,from continuing to exercise their fundamental rights as American citizens through freedom of speech, assembly and association in their lawful efforts to implement and enforce the federal constitutional guarantees of equality, freedom and the right to vote. -1 / Tho defendants and others presently to the plaintiffs un known, continue to conspire to utilxze force, violence and terror- \ y istic acts ^O impede, deter,^ffighten and harass the plaintiffs and the classes they represenj/from exercising their fundamental rights under tho First, Thirteenth, Fourteenth and Fifteenth Amendments. Unless this illegal/conslp^racy is restrained by this Court and proper relief granted,/the plaintiffso/ill imminently suffer immediate and 0°s j^L irreparable injuries and continue to suffer immediate and irreparable injuries. / 3b Remedies 'T7>f- *=— 22. There is no adequate remedy.at law either in the state courts of Mississippi or the federal courts. The immediate invoca tion of the powers of a federal court of equity are urgently required to protect fundamental federal.constitutional rights, privileges and immunities from immediate and, irreparable injury. .1 23. Furthermore, this Court has authority and is required under the facts here set forth in this complaint, to take immediate action (J pursuant to Title ^2 U.S.C. s.1989 to implement and enforce equitable relief against the imminently threatened acts of the conspirators hero oharged. Title hZ U.S.C. s.l9GS provides as follows: 1 TH CM Ky -\^(yJ' <+/d- "Sr' 3, 1939 Commissioners; appointment of persons to execute warrants '•••."• The district courts of the United States, and the' district courts of the Territories, from timb'to time, shall increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987- of 'this title; and such commissioners are authorized and required to exercise all the powers and duties conferred on them* herein with regard to such .offenses in iike manner as they are authorized by lav; to exercise with regard .to other offenses against the. lavs of the United States. Said com missioners are empovered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, frdm time to time, who shall execute all such warrants or other process as the commissioners may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such Xirarrants shall run and be executed anywhere in the State or Territory within which they are issued. R.S. Sections 1983, 198^; Mar. 3, 1911, c. 231 2 291, 36 Stat. H67. • •• , The facts set forth in this.complaint revealing a wide spread conspiracy between clandestine terroristic organizations, and " 1 .. K ' ' ' members and officers of state and local law enforcement agencies for the purpose of terrorizing, punishing, intimidating and deterring Negro citizens from exercising federally protected rights of citi- zenship are identical to those contemplated by the Congress of the United States in enacting Title k2 U.S.C., Section 1989. This statute places upon the federal judiciary a duty and responsibility to enforce the laws prohibiting crimes against tho. exercise of the elective franchise and the oivil rights of citizens as set forth in Title li-2 U.S.C, Section 1937, under circumstances as here revealed. This duty\ prescribed by the Congress, is supplementary to, and in no way a substitute for, the duties and responsibilities of the Executive Branch of the Government to enforce these laws and to protect the exercise of fundamental rights of citizenship, and the Legislative Branch of the Government to investigate the need for new legislation in the area of civil rights and, where necessary, to enact the same. /•' A Accordingly, the facts set forth herein require that this Court shall forthwith order the increase of the number of United States Commissioners with such appointed deputies as may be required, with the power to arrest as provided by lav/ any persons threatening to violate the orders of this Court or any of the lax/s of the United States protecting the civil rights of citizens of the United States and the elective franchise, and that these emergency United States Commissioners or their deputies be ordered to be stationed at all times in every Sheriff's office in the State of Mississippi in every one of the 82 counties of Mississippi, as xirell as in all such other places as their presence may be required to enforce obedience to the orders of this Court and to the laws of the United States pro tecting the civil rights of citizens and the elective franchise. ^fw J^I No previous application for the relief sought herein other than that prayed for in the original complaint filed with this Court on July 10, 1964, has been made to this or any other court. THEREFORE plaintiffs pray: 1. That a permanent_a|afT fnipninwjf injunction issue enjoining and restraining the defendants, each of them, their agents and representatives, and all others acting in concert with them, from in any way conspiring to utilize or in any way utilizing force, violence or any terroristic act in attempts to deter, impede or punish the plaintiffs and all classes of citizens they represent from exercising their rights, privileges and immunities as citizens of the United States. 2. That during the pendency of such injunctive decrees, pur suant to Title 1*2 U.S.C. 1989, (a) an order issue ordering and directing the increase of the number of United States Commissioners in the State of Mississippi and ordering and directing that a United States Commissioner or /A - c\ u&t•Vvi^ ' ->r i • • Deputy Commissioner with full powers of arrest pursuaunt to law, be assigned ,«, and stationed UuTSoo off'Sheriff in tho 82 c^mTtlw~of-MiflsuiltiW of-Mia». fC^4 & #~4 //^jfett^ (b) and that said special United States Commissioners be directed as pro- ^ vided by law to protect the lawful civil rights and elective franchise activi ties of citizens of the United States and to provide for the speedy arrest of any persons in the State of Mississippi engaged or threatening to engage in act- J ivities in violation of the laws of the United States which protect the civil 7 rights of citizens and the elective franchise; and that ft*- ' A (•c) pursuant to Title 42 U.S.C. 1989, the said special United States 4^' Commissioners be ordered and directed to appoint in writing one or more suit able persons who shall be required to serve and execute any such warrants of arrest; and that (d) wherever required to afford reasonable protection to all persons in their constitutional rights of equality and tho exercise of the elective franch ise, the said special United States Commissioners or their deputies be temporar ily assigned to be stationed in any public buildings or other places throughout the State of Mississippi where their pnesence may be required; and that (e) the said special United States Commissioners be ordered to report to this Court at regular intervals any and all incidents of violation of the or ders of this Court and any and all arrests, pursuant to Title 42 U.S.C. 1989, for activities of the defendants or others acting in concert with them for violations of laws of the United States protecting the civil rights of citizens and the elective franchise. 37 i @pd iy^^T^^-^'-^^^^&ry^ jps>^ be pray ed for loathe /pluiniiffs ji«.,th© situation '** ^^^l / / T" Attorneys, for Plaintiffs SMITH, WALTZER, JONES & L. H. ROSENTHAL, PEEBLES 221 N. President Street, i i 305 Baronne St. Jackson, Mississippi New Orleans, Louisiana By Benjamin E. Smith KUNSTLER KUNSTLER & KINOY V Bruce C. Waltzer 511 Fifth Avenue New York, N.Y. 10017 .? MORTON STAVIS & 744 Broad Street E|y Vfi-lliara M. Kunstler New ark, New Jersey 4/'/ Arthur Kinoy J< - / (J S 6wWv4 in the Neshoba County jail located in Philadelphia, Mississippi, after \ sundown on that day until approximately 10:30 p.m.; (b) On June 21, 1964 defendant PRICE drove an automobile south on Highway 19 from Philadelphia, Mississippi; \ / (c) On June 21, 1964 defendant PRICE removed MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN from an automobile \ stopped on Highway 492 between Highway 19 and Union, Mississippi, \ / \ / and placed them in an official automobile of the Neshoba County Sheriff's office; (d) On June 21, 1964, defendant PRICE transported MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN from a place / \ / \ on State Highway 492 between Highway 19 and Union, Mississippi to a / \ \ place on an unpaved road intercepting Highway 19 south of Philadelphia, Hueissippi; \ (e) On or about June 21, 1964 defendants RAINEY and PRICE, \ together with RICHARD ANDREW WILLIS, a patrolman of the Police Department of Philadelphia, Mississippi, together with JIMMY ARLEDGE, HORACE DOYLE BARNETT^ TRAVIS MARYN BARNETTE, BERNARD L. AKIN, OLEN LOVELL BURRAGE, JAMES T. HARRIS, FRANK J. HERNDON, JAMES E. JORDAN, EDGAR RAY KILLEN, BILLY WAYNE POSEY, ALTON WAYNE ROBERTS, -^M? McGREW SHARPE, JIMMY SNOWDEN, JIMMY \ LEE TOWNSEND, HERMAN TUCKER, RICHARD ANDREW WILLIS, while acting under color of the laws of the State of Mississippi, did wilfully assault, shoot and kill, MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN. -9- rights, privileges and immunities secured and protected by the Fourteenth Amendment itition of the United States/ nertr tp> hp giirrrnigri l^punij^edf&jxb^^^ persons acLiiiK mider J? fcka-eolor of the—laws of the State-pf Mississippi. ' v J^ fu^y^ Plaintiffs further allege that in pursuance of fefi¥§ conspiracy andas an overt act thereof, defendant PRICE, with the v knowledge and concurrence of defendant RAINEY, while having MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN in custody in the Neshoba County j ail lo\cated in Philadelphia, Mississippi, wo^ld release them from custody\at such/time that said defendants PRICE, / • / JIMMY ARLEDGE, HORACE DOYLE BARNETT^ TRAVIS MARYN BARNETT^ ALTON ^ L WAYNE ROBERTS, JIMMY SNOWDEN, JAMES E. JORDAN, BILLY WAYNE POSEY, 7^\V 7 ^?&m. McGREW SHARPE and JIMMY LEE T^WNSEND could and would intercept said MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN / upon their leaving the area of the Neshoba younty jail and threaten, assault, shoot and kilj. them. 19. Plaintiffs further allege that rn pursuance of this conspiracy and as oyert acts thereof, ja) Defendant PRICE, on or about June\21, 1964, detained MICHAEL HENRY SCHWERNER, JAMES EARL CHANEY and ANDREW GOODMAN -8- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION CIVIL ACTION NUMBER 3599(J)(M) COUNCIL OF FEDERATED ORGANIZATIONS, ET AL PLAINTIFFS V. L. C. RAINEY AND CECIL PRICE, DEFENDANTS INDIVIDUALLY AND AS SHERIFF AND DEPUTY SHERIFF OF NESHOBA COUNTY, MISSISSIPPI, ET AL A THE CLERK of this Court is requested to issue a citation to the defendants in this case, returnable before Honorable S. C. Mize, United States District Judge, in the United States District Courtroom at Meridian, Mississippi, ...— - -* at 9:00 A.M., July 23, 1964, requiring the defendants then t ,.;.- ,• >•' andl there,to show cause why a temporary injunction should not be Issued as prayed for in the complaint in this case. s DATED, this July 11, A. D., 1964. UNITED STATES DISTRICT A TRUE COPY, I HEREBY CERTIFY. LORYCE E. WHARTON, CLERK BY: ^ y/l LDeput y Clerk 0.6. no,*; &9<. 4*4- ~ STATE OF LOUISIANA PARISH OF ORLEANS BEFORE ME, the undersigned authority, personally came and appeared: JACK PEEBLES who, upon being duly sworn on his oath, according to law, did depose and say: I am one of the attorneys of record in the foregoing matter which was scheduled to come to full hearing after due notice before the Honorable Sidney J. Mize, Judge, United States District Court, Southern District of Mississippi, on July 23, 1964. This Civil action was filed on July 10, 1964 and orders to show cause against defendants L. A. Rainey, Cecil Price, T. B. Birdsong and Bill Simmons were issued on July 11, 1964; with service of process being effectuated on all four defendants on July 14, 1964. On July 21, 1964, defendant Bill Simmons filed a motion to quash service of the subpoena served upon him. Defendants L. A. Rainey, Cecil Price and T. B. Birdsong, up until shortly before the time this case came to be heard, did not file any motions. At approximately 9:30 p.m. on July 23, 1964, defendants L. A. Rainey, T. B. Birdsong and Cecil Price filed answers and motions to dismiss. Defendants L. A. Rainey and Cecil Price filed motions to quash the subpoena for production of records, and motions to require the plaintiffs to show probable cause for the production of certain records.These motions were filed just prior to the hearing and were not filed five days before they were brought to be heard. The District Court Judge, over- vigorous objection by complainants' counsel, allowed the filing of these motions and ordered that they be argued even though there was no proper notice for hearing. Complainants' counsel vigorously argued that the only thing properly before the court at this time was the request for a temporary injunction. The District,Judge allowed complainants to file an exhibit marked "P-l", a copy of which is attached herewith, which contained affidavits and reports of various events of brutality, various incidents of burnings and various.incidents of intimidation, all alledgedly perpetrated by the defendants herein. The District Judge then indicated that he was adjourning the hearing until July 30, 1964 to be held in Hattiesburg, Mississippi so that defendants' motions could be heard at the same time as complainants' motion for a temporary injunction. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 19 Notary Public -. At this point complainants' counsel showed that he had brought 19 of his own witnesses and had subpoenaed 13 adverse witnesses for this hearing and read into the record the cost of again subpoenaing these witnesses and bringing them all to Hattiesburg, but the Honorable District Judge declined to hear any evidence at all and further indicated that it was his feeling that if the affidavits presented on July 30, 1964 were sufficient he would not allow any oral testimony. Complainants' counsel urged that the rules for the hearing on July 30, 1964, limiting the evidence to affidavits would be a substantial denial of justice for the only way in which the gravity of the situation which presently exists in Mississippi can be shown is by the oral testimony of in dividuals who have been victims of assaults, batteries and intimidations alledgedly perpetrated by the defendants, and by the oral testimony of adverse witnesses. At the hearing on July 23, 1964 complainants filed a Motion for a Temporary Restraining Order (copy attached) pending the decision of the court on complainants' Motion for a Temporary Injunction. The court took said motion for a Temporary Restraining Order under advisement and, although counsel for complainants requested an immediate ruling on the motion, the court refused to rule. Jack Peebles SWORN AND SUBSCRIBED TO BEFORE ME THIS DAY OF , 1964. NOTARY PUBLIC IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, et al., Plaintiffs, versus A,:O 3y AMENDED MOTION FOR TEMPORARY RESTRAINING ORDER. Plaintiffs, by their attorneys, move the Court on all the pleadings, affidavits and testimony had herein, and on all the| proceedings herein, for a temporary restraining order pending the decision of the Court on plaintiffs' motion for a temporary in junction: (1) restraining and enjoining the defendants herein, their agents, attorneys and all others acting in concert or com bination with them, from in any way conspiring to utilize or in any way utilizing force, violence or any terroristic act in any attempts to deter, impede or punish the plaintiffs and all classes of citizens they represent from exercising their rights, privileges and immunities as citizens of the United States, and (2) for an order pursuant to Title 42, U.S.C, 1989, appointing and assigning special United States Commissioners with full powers of arrest pursuant to law to be stationed in Amite, Adams, Pike Forrest, Madison, Coahema and Neshoba counties in the State of Mississippi and that these special United States Commis sioners be directed as provided by law to protect the lawful civil rights and elective franchise activities of citizens of the United States and to provide for the speedy arrest of any persons in the State of Mississippi engaged or threatening to engage in activities in violation of the laws of the United States which protect the £Mi\- N civil rights of citizens and the elective franchise; and that the said special United States Commissioners be ordered to report to this Court at regular intervals any and all incidents of violation of the orders of this Court and any and all arrests pursuant to Title 42 U.S.C. 1989, for activities of the de fendants or others acting in concert with them for violations of laws of the United States protecting the civil rights of citizens and the elective franchise. Plaintiffs, by their Attorneys, L. H. ROSENTHAL k 221 N. President St. Jackson, Mississippi KUNSTLER KUNSTLER & KINOY 511 Fifth Avenue New York, New York 10017 By William M. Kunstler Arthur Kinoy SMITH, WALTZER, JONES & PEEBLES 305 Baronne St. New Orleans, Louisiana By Benjamin E. Smith Bruce C. Waltzer MELVIN L. WULF 156 Fifth Avenue New York, New York 10010 MORTON STAVIS 744 Broad St. Newark, New Jersey (l -7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, et al., Plaintiffs, ORDER TO SHOW CAUSE -versus- L. C. RAINEY, et al., Defendants. Good and sufficient reasons appearing, now, on motion of the attorneys for the plaintiffs herein and on the verified complaint herein, IT IS ORDERED that the defendants show cause at a terra of this Court at o'clock in the noon of the day of July, 1964, at the united States Post Office and Court House in , Mississippi, (a) why a temporary injunction should notbe entered as pray ed for in the verified complaint enjoining and restraining the def endants, each of them, their agents and representatives, and all oth ers acting in concert with them, from in any way conspiring to util ize or in any way utilizing force, violence or any terroristic acts in attempts to deter, impede or punish the plaintiffs and all classes of citizens they represent from exercising their rights, privileges and Immunities as citizens of the United States; and (b) why an order pendente lite should not be entered pursuant to Title H2 U.S.C. 1939, (1) ordering and directing the increase of the number of United States Commissioners in the State of Mississippi and ordering and directing that a United States Commissioner or Deputy Commissioner with full powers of arrest pursuant to lav/ be assigned in each and every office of Sheriff in the 82 counties of Mississippi] (2) and that said Special United States Commissioners be directed as provided by law to protect the lawful civil rights and elective franchise activities of citizens of the United States and to provide for- the speedy arrest of any persons in the State of Misisslppi engaged or- threatening to engage in activities In violation of the laws of the united States which protect the civil rights of citizens and the elective franchise; and that, (3) pursuant to Title k2 U.S.C. 1989, the mid Special Un ited States Commissioners be ordered and directed to appoint in writ ing one or more suitable persons who shall be required to serve and execute any such warrants of arrest; and that (H) wherever required to afford reasonable protection to all persons in their constitutional rights of equality and the ex ercise of the elective franchise, the said Special United States Commissioners or their Deputies be temporarily assigned to bo sto- tloned in any public buildings or other places throughout the State of Mississippi where their presence may be required; and that (5) the said Special United States Commissioners be ordered to report to this Court at regular Intervals any and all incidents of violations of the orders of this Court and any and all arrests, pursuant to Title k2 U.S.C., 1989, for activities of the defendants or others acting in concert with them for violations of laws of the United States protecting the civil rights of citizens and the elective franchise; and (c) for such other and further relief as may be proper and may be prayed for by the plaintiffs as the situation may urgently require. IT IS FURTHER ORDERED that service on the defendants personally or by leaving a copy at their residence or place of business by the day of July, 19^4, shall be deemed sufficient service of this Order to Show Cause, United States District Judge Q! y\^ IH THE UNITED STATES DISTRICT COURT FOR THr* SOUTHER DISTRICT c . IPPI, J mmm COUHCIL OF FEDERATED ttOAIXZ< TIO; PLAINTIFFS ET At. m* CIVIL ;CTIOH KO. (J) L, C. RAUiEY, ET DSNEHDAHB tfGTIQB TO DISMISS AMD AflSWER OF DEFEHD«.ifT i^f.O>'I,:,TIOM Of], CIT .'ILti.Oi'..MI> ?I MOTIQg TO 3DI. Coses I »OC . t.ea of C .is C&OWfcSils of M I I the Court to tli i't td the AS*Q&«KJ Co-..1 lit filvi 1 herein •• -t this defendant, and M ground therefor, assigns the followingJ 1. The Amended Coaplalnt fails to state * cluia upon which relief can be granted. . Thie is not a proper class action. 3. The Plaintiffs laetc standing to maintain this action. Comes the Defendant Association of CItisens Councils of Mississippi, by its attorneys, tad files herewith its separate answer to the Aaeaded Compliant in the rtuwi'l styled «nd numbered action. 1. Defendant is without knowledge, or informa tion sufficient to farsa • belief as to the truth of the averments #f.?. r. gr-.oh 1 of the fliBMIilliIComplaint * Specifically, this defendant deaies th&t plaintiff COFO say afeint&in -way eless notion on behalf of all Citizens of the United States, white vnd negro. i* Defendant is without knowledge or infor tion sufficient to form t belief at to the truth of the y averments of paragraph S of the Amended Complaint. Further, this defendant denies that plaintiffs a-Her «id Morris may aalftteia any class action an behalf of oil staff workers and volunteer workers situated similar ly to themselves. 3, The averments of paragraph 3 of the Amended Complaint are admitted except this defendant is i^lthout knowledge or Information sufficient to form a belief to- the truth of the averments of s.' ragraph that the said King is actively concerned with assisting the efforts of the Segro Citizens of this state wto achieve freedom, equality and the right to vote". This defen dant denies that the s-ald King way maintain ;-my class action on behalf of all other white citisens of Mis sissippi similarly situated to himself. $# Defendant Is without knowledge or informal tion sufficient to form & belief m to the truth of the averments of p®u >h Jt- of the Amended Complaint ex cept this defendant denies that plaintiff Falsaer may maintain Naf clsss action on behalf of all iegro Citlsena of the State of Mississippi. 5. Through hearsay this defendant Is advised that JU C. Rainey is the sheriff of Neshoba County Mississippi end that he is a citlsen of the United State® and is i resident of Philadelphia, Mississippi, Through hearsay defendant is advised that Cecil Price 1B Deputy Sheriff of ifeahoba County Mississippi, is 1 citizen of the United states and is • resident of Philadelphl Mississippi. Defendant Is without knowledge or inform?* - tion sufficient to form • belief a* to the truth of the averment that the said R«In«y and the s.-iid Price are sued as representatives of each and all sheriffs and deputy sheriffs of the eighty-two {£?) counties of the Etste of Mississippi, pointing oat that these averments do Mi effect tftU defendant, and if mistaken, such *Ttf«MH»ta #re denied. 6. This defendant is without knowledge or information aufflclent to forss a belief | to the truth of DM tiverstents of p.>rag*apfc 6 of MM Anendad CaaylsllU, as id defendant r*ot be ins -caualnted with the parties there .In naaed m£ having no relation-ship with then. 7* Defendant is advised W hearsay $ T. s. Birdsong is Cooalaaloner of Public Safety of the State of Mississippi. Defendtmt is without icnovled or information sufficient to form i belief al to the truth of the ««WMat*e« of a?.*id par graoh ? that the .,i T* BM Mrdsong is a* eharge of the aUaviast] State HQ+JMSJ jaiiiae Through baarsay,the defendant is that the said Birdsong is s cltisen of the Ohltca States mi a resident of fch<- ' aft eat at 1 Tills defendant is without knowledge or information sufficient to form s belief aa to the -verstaata th-t the said Bte«taon$ Is representative of all of the aaafeera of Hal Mississippi Stata tt^MMf P.-,troi. This defendant is without mawlsft] I or Information sufficient to Ita* i belief m to the truth of the averments of paragraph 6 of the eaaaaded. Co** plaint. This defer spettf&e&tty denies that it h any knowledge of or connection whatsoever with the de- fOftAant SII Rax Elan. $* This defentfent is without knowledge or .iafonwtion sufficient to form a belief al to the truth of the aferments of paragraph f. of the taMided &- it. This defendant deal?® that It has -*ny connection wlat- •oever with Ml *afemtaat aeaWteena .for the fepanae* - 3 - of the White Bace. 10. This defendant denies that it is an organization with members throughout the State of Mississippi. Defendant is an association of organ!, tlons. It dose not have individual members throughout the State of Mississippi. It admits that it is an affiliate of the Citizens Councils of America. This defendant denies that it is dedicated to either impeding or deterring by all means the lawful efforts of Negro Citizens of Mississippi to "achieve the Federal Con stitutional objectives of freedom, equality and the right to vote'1. 11. This defendant is without Knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 11 of the Amended Complaint, 12. This defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 12 of the Amended Com plaint, This defendant further denies that the said John Smith or the said Paul Jones are members of the Association of Citizens Councils of Mississippi and denies that they Bay be sued individually or as members of an -alleged class of members of the defendant Aeaoola* tion of Citizens Councils of Mississippi. 13. Tills defendant Is without knowledge or Information sufficient to form a belief as to the truth of the averments of paragraph 13 of the Amended Complaint,, further denying any knowledge whatsoever • to a« alleged William Brown or aa alleged. Charles Green or Americans for the Preservation of the White Ik. This defendant denies that Insofar M this defendant is concerned there it any cause of H action or a basis therefor under any of the sections cited in paragraph Ik of the Amended Complaint. 15. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 15 of the Amended Complaint. 16. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 16 of the Amended Complaint. 17. This defendant denies each and every allegation of the first unnumbered paragraph under paragraph IT of the Amended Complaint. Insofar as this defendant is concerned, this defendant denies each and every allegation of the second unnumbered paragraph of paragraph 1? of the Amended Complaint, 16, Insofar as this defendant Is concerned, this defendant denies each and every allegation of Paragraph 18 of the Mended Complaint. 19. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 20 of the Amended Complaint. £0. Insofar as this defendant Is concerned, this defendant denies each and every allegation of paragraph 20 of the Amended Complaint. 21. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph tfc of the Amended Complaint, 22. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 22 of the Amended Complaint. • 5 . 23» Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 2'5 of the Amended Complaint. 24. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 24 of the. Amended Complaint. 25. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 23 of the Amended Complaint. 26. Insofar as this defendant Is concerned, this defendant denies each and every allegation of paragraph 26 of the Amended Complaint. 27. Insofar as this defendant Is concerned, this defendant denies each and every allegation of paragraph 2? of the Amended Complaint. . IneeCeSp as this defendant is concerned, this defendant denies each and every allegation of paragraph 20 of the Amended Complaint. 29. Insofar m this defendant is concerned, this defendant denies each and every allegation of paragraph 29 of the Amended Comprint. 30. Insofar as this defendant is concerned, this defendant denies each and every allegation of paragraph 30 of the Amended Complaint. 31. This defendant neither admits nor denies the authority of this court to take action pursuant to Title 42 U. S. C. Section 1989, however, this defendant denies that there is any basis, Insofar as this defen dant is concerned for this court to Invoke the provisions of the aforesaid section. The portion of the Amended Complaint be* ginning with the paragraph, unnumbered starting approxi mately one-third of the way down on r,-;c IS of the - 6 - of the Amended Complaint, and continuing on to the ginning of pr-r-; graph 32 ^ the Jmeoded Cenplelnt Is denied Insofar ss this defendant it- concerned. 52. This defend;nt Is wit. nowledge or inforaatlon sufficient to fata s belief ea to the truth of the ^lleg^tlori of pajNtgrapfe 32 of the Ctaapleiat. This defendant denies that the pMiatiffe are entitled ineefar as this defendant i» concerned, to the relief prayed for under jaajtegrapfe I or the Prayer of the Asaieaad Cos^lULnt This defendant denies that tJ tlntiffs a*a entitled to the relief prayed for under gr.iiph 3 of the Prayer in the fcaeaded Ceo? 1* lot insofar as thia defendant is concern* . Tliis it denies that the PI *£$ mm entitled to general relief aa prf.yed for under pups^Bph I Prayer of the Amended Comah-int. Further answering tho Auenaed Cc at # this defendant will show unto the court that it has seven entered Into caiy plan or conspiracy Qt <-ny type, kind* or description with any oeraon* including^ but being iiiaited to, any other defendant nasad in the Sempl. int to do .1^7 of the -«cta -lie,eg u done in the Amended Complaint here: ist it, leatrafenej defendant respectfully aits that this actiott an* the Amended CeapXuint fil herein against it should be ditwalesed and that the - 7 - 1 plaintiffs are not entitled to any of the relief prayed for. LOK OF ciTlsEm COUNCILS OP MISSISSIPPI of First N 1 Bonk Building) :on, Mlsalaaippi Attorneys for Lon of Citiaens Co CSHTIFICATE 2, lam B. Shell, of counsel for the defendant Association of Citizens Councils of Mississippi, do hereby certify that I have this day personally delivered a true Had correct copy of Hal above and foregoing Motion to Dismiss and Answer of Defendant Association af Citizens Councils of Mississippi to L. H. Iteaenthal, Medical Building, Jackson, Mississippi, one nf the attorneys of record for the plaintiffs herein and hare likewise delivered a true and correct copy of the above and foregoing Motion to Dismiss and Answer of Defendant Association of Citizens Councils of Mississippi to Will 8* Wells, Attorney general's Office, Mew Capitol Building, J •a„, Mississippi, counsel Of record for some of the en-defendant* having heretofore appear* In this cause. 1 ' "aii" ••ajaaniipa mi u.ii„ the 7< of September, 1965. Waxl&. 'Shell* - 8 - s IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PLAINTIFFS VS. CIVIL ACTION NO. 3599(J)(M) L. A. RAINEY AND CECIL PRICE, ET AL, DEFENDANTS MOTION TO REQUIRE THE PLAINTIFFS TO SHOW PROBABLE CAUSE FOR THE PRODUCTION OF CERTAIN RECORDS Comes Gwin Cole, by his attorney, and would respectfully show unto the Court the following: 1. Plaintiffs in this action have caused civil subpoena to issue to him requiring the production of certain records, a true and correct copy of which subpoena is attached hereto, marked Exhibit "A", and by so filing and marking is made a part hereof for all purposes. 2. Said subpoena is unreasonable and oppressive in that it requires the production of a great mass of documents and records which could have no conceivable bearing or probative value in determining the issues set \ forth in this action as between the Plaintiffs and the Defendants. 3. There is no such department in the Mississippi Highway Patrol as a Department of Investigations and the undersigned is not the director of investigations, but is k*XX(\- G) the assistant director of the Bureau of Identification. This department is a bureau or department set up by the Mississippi Highway Patrol solely for the purpose of aiding and assisting state and local law enforcement officials as well as the Federal Bureau of Investigation in the solving of felonies and major crimes, identifying fingerprints, doing ballistic work and the like. Many of the files in this bureau contain confidential information, involving major crimes, not yet solved and to require the production and public exposure of the information contained therein would seriously handicap, thwart and greatly impede i continued investigation by this bureau and endanger the state and even the national interest. All of the records, memoranda, etc., relating to Michael Schwerner, James Chaney and Andrew Goodman are of a confidential nature and involve the present investigation of the disappearance of those three men. Much of this memoranda concerns the joint activity of the bureau of identification and the Federal Bureau of Investigation. The said Gwin Cole and any officers working under his command, are engaged in a joint effort with the Federal Bureau of Investigation to solve this crime of national interest and to require the revealing of this memoranda and informa tion would handicap, impede and hamper this entire investiga tion both by the bureau of identification d£ the Mississippi Highway Safety Patrol and the Federal Bureau of Investigation. WHEREFORE, the said Gwin Cole moves this Court to require the Plaintiffs herein, to show cause, if any they // V 2. can, why the Plaintiffs are entitled to acquire the records demanded in the subpoena attached hereto, and further to quash said subpoena as being an unreasonable and oppressive demand. s^'Lit 4 y'L-S^ Attorney for Gwin Cole ATTORNEY'S CERTIFICATE This is to certify that I have served upon Plaintiffs, a true copy of the foregoing motion, by delivering the same, in person, to y one of the attorneys of record for Plaintiffs. WITNESS my signature this the JZ'3 * day of July, 1964. yyj . ' l/^x. /J y Yy£y^ Attorney for Gwin Cole \ n, •/ £ CIVIL ACTION FILE NO.. Council of Federated .Organizations et si. ; •i'-'':;'".:—;g VS. No. 3599 (J) (a) civil L. C. Rainey et alp; • Giiln Coles ;• Director • of Investigations for Ten County Area Highaay Patrol Iferlaian >.-?•• •'.'.. . YOU ARE HEREBY. COMMANDED to appear in the United States District Court for the Southorh .-.••:''. District of Mississippi (Eastern Division) at United States Courthouse in the city of Meridian on the 23rd day of agJuly ... 19 64 at 10:00 o'clock A. . M. to testify on behalf of ' .'.•'• v. ; ; : Plaintiffs ' in the above entitled action and bring with you All books, records, notebooks, logs, memoranda, receipts, orders -whatsoever kept in tho regular 'cour3o of your duty as Director of InvestiRatlons for Ton > ) i i r ^^^y^J^S ^.J ^.J'y f ^- \^-PPP-V'^.,fflffo^ay,, jP^-jtyojL^, i'grf.dianniSi^:tlo;n Including but not limited to all auqh books, records, notebooks, logs, memoranda, receipts and orders for tho period Juno 1, 19&J- - July 19, 1965, and including all such books, records, notebooks, logs, memoranda, receipts, orders which relate in any manner whatsoever to tfichaol Schwemor, James Chaney and Andrew Goodman, and the Council of Federated Organizations. ..... J.V0X.2.Q. „., 19..6&.; •>•• •"•-•'''•'; '•''•'-••"• fliORYCE B.-.WHAST6K .....L,...a«..RQsenidAal^i^<3,...„_ ±^r~. 'JJaLUfi*. - , Attorney for .•.•,>;;..'';' S} •.,.-•-; /. / Clerk. 2a..M«,..pj^sid^.it..:.^ Bv- -i u^^^^^^ Address Jackson,. Kiss.. ; : , ', ^ttfy 01erk' RETURN ON SERVICE ,.•"/' Received this subpoena at ,- on and on ; a at served it on the within named by delivering a copy to h and tendering to h the fee for one day's attendance and the mileage allowed by law.* Dated: 19 By- Service Fees Travel ,....,-..$ Services —...—;.. • Total ...... $:; Subscribed and sworn to before me, a this day of ,:; ;• • ,19 (i >/ 1 Fees and mileage need not be tendered to the witness upon service of a. subpoena Issued in behalf of the United States or an officer or agency thereof. 28 USC 1836. NOTE.—Affidavit required only if service is mode by a person other than a United States Marshal or his deputy. .ft. - IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, •' PLAINTIFFS VS. CIVIL ACTION NO. 3599(J)(M) L. A. RAINEY AND CECIL PRICE, ET AL, DEFENDANTS MOTION TO QUASH SUBPOENA FOR PRODUCTION OF RECORDS Comes Gwin Cole, by his Attorney, and respectfully moves the Court to quash the subpoena directed to him on July 20, 1964, in this action, and would respectfully show unto the Court the following: 1. That Plaintiffs in this cause have caused a civil subpoena to issue to him, requiring the production of certain records, a true and correct copy of which subpoena is attached hereto marked Exhibit "A", and by so filing and marking, is made a part hereof for all purposes. 2. Said subpoena is unreasonable and oppressive and fails to properly designate, with any specificity, the records sought by Plaintiffs. 3. The records sought by this subpoena would entail the removal from the State Highway Patrol Office in Jackson, Mississippi to the site of the hearing of it •/ EHllir H -A this case many large filing cases of records which could only be transported in one or more trucks or moving vans and would entail a burdensome expense on the Highway Patrol of the State of Mississippi. RESPECTFULLY SUBMITTED. / •1 / 4 < ; • ( 7) I - • < Attorney for Gwin Cole ATTORNEY'S CERTIFICATE This is to certify that I have served upon Plaintiffs, a true copy of the foregoing motion, by delivering the same, in person, to , one of the attorneys of record for Plaintiffs. WITNESS my signature this the y 3 ' day of July, 1964. • :' J rJ y 'ts'f >V y~?sc^ Attorney for Gwin Cole V \ f„ >/ - > Yl'lrt 4 CIVIL SUBPOENA TO PRODUCE DOCUMENT OR OBJECT D. 0. Form No. 48 (Rev. 2-£7> Jlttftri* ^iaiss SBistsrfci ©rati FOB THE CIVIL ACTION FILE NO.—. ..'•.yv.v.jvi.J. • Council of Federated. Organizations et al No. ''•yy :'•.'•'•::''•:.: VS. 3599 (j) (a) civil L. C. Rainey et aj£; To ;&;0& GtLin.Coles •'. Director; of Investigations for Ten County Area High-.;ay Patrol keridian^taxion Mei-icoak n ;••"•'.•;• YOU ARE HEREBY COMMANDED to appear in the United States District Court for the Southern..',: District of Mississippi (Eastern Division) at United States Courthouse in the city of Koridian on the 23rd day of a July- 19 64 at 10:00 o'clock A. M. to testify on behalf of, '; a" Plaintiffs in the above entitled action and bring with you All books, records, notebooks, logs, memoranda, receipts, orders -whatsoever kept in tho regular.'.course of your duty as ffL.rc.at.3SLo f Irvgntinations, for Ton County;.Area, of .tha H.nrisrirroi ftinfc-ray Patrol'cr5.c3.an Ga'/'o.on including but not limited to all-.-such books, records, notebooks, logs, oaaoranda, receipts and orders for the period June 1', 1964 - July 19, 19^4, and including all such books, records, notebooks, logs, memoranda, receipts, orders which relate in any manner tdxatsocver to Hichaol Sckwernor, James Chaney and Andrew Goodman, and the Council of Federated Organizations. jIXteJ2ft „.f;19..6iL. a fliORYCE E*-.WHAR3J68 .I.t..HJ8..Roseathaik».-..^.o...;_..; Attorney for Clerk. .2^..I^,..Pxfi^deik„^t.:lL, By.. i -. ./ y .-•• • Address Jackson, i-i'SS. Deputy Clerk. RETURN ON SERVICE Received this subpoena at ,- on and on ;'•:.'. at served it on the within named by delivering a copy to h and tendering to h the fee for one day's attendance and the mileage allowed by law.' Dated: ...19...... By Service Fees Travel ...... $ Services Total ...$ Subscribed and sworn to before me, a this day of , 19 (t 1 Fees and mileage need not be tendered to the witness upon service of a subpoena Issued in behalf of the United States or an officer or agency thereof. 28 TJSC 1825. : NOTE.—Affidavit required only if service b mode by a person other than a United States Marshal or his deputy. A_... ~'1t IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, et al., Plaintiffs, versus L. C. RAINEY, et al., Defendants. Plaintiffs, by their attorneys, move the Court on all the pleadings, affidavits and testimony had herein, and on all the proceedings herein,for a temporary restraining order pending the decision of the-Court on plaintiffs* motion for a temporary injunction: (1) restraining and enjoining the defendants herein, their agents, attorneys and all others acting in concert or combination with them, from in any way conspiring to utilize or in any way utilizing force, violence or any terroristic act in any attempts to deter, impede or punish the plaintiffs and all classes of citizens they, represent from exercising their rights, privileges and immunities as citizens of the United States, and (2) for an order pursuant to Title 42, U.S.C, 1989, appointing and assigning special United States Commissioners with full powers of arrest pursuant to law to be stationed in N;L4iyJsA .. and /> H$ counties in the State of Mississippi and that these special United States Commissioners be directed as provided by law to protect the lawful civil rights and elective franchise activities of citizens of the United States and toprovide for the speedy arrest of any persons in the State of Mississippi engaged or threatening to engage in activities in violation of the laws of the United -2- States which protect the civil rights of citizens and the elective franchise; and that the said special United States Commissioners be ordered to report to this Court at regular intervals any and all.incidents of violation of the orders of this Court and any and all arrests, pursuant to Title 42 U.S.C. 1989, for activities of the defendants or others acting in concertwith them for vio lations of laws of the United States protecting the civil rights of citizens and the elective franchise. 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' I, L. il* Sb^cst!^, a'.,, sf .all ce? thas flaiia^W% ®B SK*S% MI to La m^^a 'oaqs t&« iasS«alax?ta a:* tha alava s1rl:a aaa aaaiaaxl sct£m# traa apples of 'taa Uss^cfeg ravtaca, t|? SfiOA^ ta® :&ssa lg« tfeajw? %£&&£ a^aa* r- t^s 1'a^kJiaa^ cttcnsogri* «f s^ssxS gtei Hostel i b* atgcaaat? ^a3at;^al • • ~ f*S** ;a:-> -&%% rtl^**^! aaa-x% Sllsa^^aai. 3U?fc lailoaa2 %?& S.sHc*la£ ^!2S t§&» $1*3 3$& &ry a;! &fi^ -9C4. s\ s cx-" yf yy ..y*~-- kfs-hr~*fi> • / 4 •< > ..' * ,- - ,a..:,. •» ..«W» V...... *— «^w.^*-*.- •—.. ~.~~*. ». . a. ' •' . . < . ... ' «-•**• v* • »*)' :•' ' • •-'. *>* A- • I* II. a?aa^t?j«2. 22:. ::.. ?m$M®£& %m (1 •/ s*> IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI, JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL PLAINTIFFS VS. CIVIL ACTION NO. 3599 (J) (M) L. C. RAINEY, ET AL DEFENDANTS AFFIDAVIT STATE OF MISSISSIPPI COUNTY OF HINDS Personally came and appeared before me, the undersigned authority in and for the aforesaid juris diction, William J. Simmons, personally known to me, whereupon the said William J. Simmons stated on oath, as follows, to-wit: 1. That affiant is also referred to as "Bill Simmons"; 2. That affiant is the same person as the "Bill Simmons" on whom an attempt was made to serve process against the named defendant "White Citizens Councils of Mississippi" on July 14, 1964. 3. That affiant knows of no corporation, part nership, person, association, or other entity bearing the name or proper designation "White Citizens councils of Mississippi"; 4. That affiant is not an officer in nor a member of "White Citizens Councils of Mississippi"; 5. That affiant knows of no corporation, part nership, person, association or other entity bearing the name or proper designation "White Citizens Council." 6. That affiant is not an officer in nor a member of "White Citizens Council". And further affiant sayeth not. This 18th day of July, 1964. WIELT Sworn to and subscribed before me on this 18th day of July, 1964. -~6l S^C-Ci NOTARY PT~ My Commission Expires: y-~/£-(£y! "I hereby certify and return that I served the annexed Summons and Citation on the therein named White Citisena Coun cils of Mississippi by handing to and leaving a true and correct copy thereof together with a copy of the Complaint with Bill Simmons, President of White Citizens councils of Mississippi, per sonally at his office at Jackson, Miss issippi in the said District at IOSOO A. M. on the 14th day of July, 1964. Jack T. Stuart, U. S. Marsnal •t (Signed) 0. Dan ally Deputy Marshal,,? (4) Movant is the same person as the "Bill il moms"on whoa an attempt was made to serve said process as sat forth in paragraph 3, above. (5) Movant knows of no corporation, partnership, parson, association, or entity of any nature bearing the name or ajajpil designation, wWhite citizens councils of Mississippi% nor is movant an officer, agent, employee, member or representative of "White citizens Councils of Mississippi (6) Attached hereto is affidavit of William J. Simmon® in support of this Motion. SATTE-BFI1LD, SHELL, WILLIAMS AND B8F6RD BOTX 340 First National Bank Building Jackson, Mississippi ATTORNEYS FOR MOVANT NOTICE OF MOTION TO; L. H. Rosenthal 221 II. President street Jackaon, Mlaaiaelppi Kunstler, Kunatler & Kiaoy 511 Fifth Avenue New York, New York 1001? Smith, Waltzer, Jones & Peebles 3.05 Baroaaa Street Melvln L. Wulf I56 Fifth Avenue New York, New York Morton Stavis ?44 Broad Street Newark, Mew Jersey Please take notice, that the undersigned will bring the above motion on for hearing before ttila Court in the united states District courtroom at Meridian, Miss issippi, on the 23rd day of July, 19&4 at 9*00 e«clock A. », of that day or as soon thereafter as counsel can fee heard. &JL- sAHHfttauj, lam, "mtzum m mmim01 Attorneys For Movant 340 FX1WT SATIOAL BANK BOILBIN0 JACKSON, MISSISSIPPI The underslgraee* counsel of record for movant, William J. Simmons, certifies that a true and correct copy of the foregoing motion was personally served upon L. I. Rosenthal ane" that true and correct copies of %km foregoing motion were forwarded by United States Mail, Air Mail, post age prepaid, to each of the other attorneys of record for .3. plaintiffs, aa foil owei Kunstler, Kunstler & Kinoy 511 Fifth Avenue New York, New York 1001? Smith, Waltaer, Jones & Peebles 305 Barenne street New Orleans, Louisiana. Melvin I*. Wulf 156 Fifth Avenue New York, New York Morton St&vls 744 Broad Street Neviark, New Jersey this 21st day of July, 19&4. —^—m 11. saatx; Of Counsel for Movant «4- IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PLAINTIFFS VS. CIVIL ACTION NO. 3599(J)(M) L..A. RAINEY AND CECIL PRICE, ET AL, DEFENDANTS MOTION TO DISMISS AND ANSWER OF L. A. RAINEY MOTION TO DISMISS Comes the Defendant, L. A. Rainey, erroneously named in the Complaint as L. C. Rainey, individually, and as Sheriff of Neshoba County, Mississippi, by his attorneys, and moves the Court to dismiss this action and the Complaint filed herein, as against him, and on grounds therefor assigns the following: 1. The Complaint fails to state a claim upon which relief can be granted. 2. This is not a proper class action. 3. The Plaintiffs lack standing to maintain this action. • ANSWER Comes L. A. Rainey, erroneously named in the Complaint as L. G. Rainey, individually, and as Sheriff of Neshoba County, Mississippi, by his attorneys, and files lictetft :t> herewith his separate answer to the Complaint in the above styled and numbered action. 1. Defendant denies the allegations pf Paragraph 15 of the Complaint. 2. Defendant denies the allegations of Paragraph 16 of the Complaint. 3. Defendant denies the first paragraph of Paragraph numbered 17 of the Complaint. Defendant denies that he, individually, or as Sheriff of Neshoba County, Mississippi, has ever engaged in any terroristic acts-as charged in the second Paragraph i of Paragraph 17, or that any other person, as a result of any conspiracy with him, has ever engaged in any such acts for any purpose whatsoever. Defendant is without information sufficient to form a belief as to any report by any agency of the United States Government or by any personal representative of the President of the United States, and, therefore, denies the same. Each and every other allegation of Paragraph 17 is denied. 4. Defendant admits that prior to 1955, a majority of negroes in many rural communities and in some urban communities of Mississippi, did not offer themselves as voters and did not seek to register or participate actively in the political life of Mississippi. He denies that this was because of any accepted pattern of life in Mississippi, and denies that such pattern was reinforced by any terroristic act on his part or by any person acting in conspiracy with him. The Defendant is without information sufficient to form a belief as to, the second sentence of 2. Paragraph numbered 18, and, therefore, denies the same. Defendant denies the allegations of the third sentence of Paragraph 18. Defendant denies the allegations of the fourth sentence of Paragraph 18. Defendant is without information sufficient to form a belief as to the allegations of the fifth sentence of Paragraph 18, and, therefore, denies*the same. Defendant is without information sufficient to form a belief as to the allegations of the sixth sentence of Paragraph 18, except that he denies that he, or any person acting in concert with him, did any of the acts therein alleged to have been done. Defendant denies the allegations of the seventh sentence of Paragraph' 18. 5. Defendant denies the allegations of Paragraph 19 of the Complaint. 6. Defendant is without information sufficient to form a belief as to the allegations of Paragraph 20 of the Complaint, except that he denies that any act alleged therein to have been done, was done by him or by any person acting in concert with or as the result of any conspiracy with him or that any such act was done with m his knowledge or consent. He, therefore, denies each and every allegation contained in Paragraph 20. 7. Defendant denies the allegations of Paragraph 21 of the Complaint, and again denies that he has ever engaged in any conspiracy, with any person, to violate the constitutional rights of Plaintiffs or any other person. 8. Defendant denies the allegations.of Paragraph 22 of the Complaint. 9. .Defendant denies the allegations of Paragraph 23 of the Complaint. 3. 10. Defendant denies each and every allegation of Paragraph 24 of the Complaint, except that he admits that Title 42 U.S.C. 1989 reads as is set out in said Paragraph 24. Further answering the Complaint, Defendant would show unto the Court that he has never entered into any plan / or conspiracy with any other Defendant named in this action * or with any other person, whether named or not, to do any act alleged to have been done in the Complaint herein filed against him. Defendant denies that he is a representative of the sheriffs of the eighty-two counties of Mississippi. WHEREFORE, Defendant respectfully submits that this action and the Complaint filed herein against him should be dismissed and that Plaintiffs are not entitled to any of the relief prayed for. JOE T. PATTERSON, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI / WILL S. WELLS, ASSISTANT ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI RAIFORD JONES, PHILADELPHIA, MISSISSIPPI, SPECIAL COUNSEL BY: ///,Y ATTORNEYS, FOR DEFENDANT, L. A. RAINEY \ ft V IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PLAINTIFFS VS. CIVIL ACTION NO. 3599(J) (M) L..A. RAINEY AND CECIL PRICE, ET AL, DEFENDANTS CERTIFICATE The undersigned counsel of record for the above named Defendant hereby certifies that true copies of the foregoing motion and answer have been this day forwarded, by United States mail, postage prepaid, to Kunstler, Kunstler & Kinoy, 511 Fifth Avenue, New York, New York 10017, and to L. H. Rosenthal, 221 North President Street, Jackson, Mississippi, attorneys of record for Plaintiffs. THIS the 22nd day of July,'1964. . 1 1 ^/w <4 0U££o Of Counsel for Defendant \ it V IN :THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PLAINTIFFS VS. . CIVIL ACTION NO. 3599(J)(M) L. A. RAINEY AND CECIL PRICE, ET AL, DEFENDANTS MOTION TO DISMISS AND ANSWER OF CECIL PRICE MOTION TO DISMISS Comes the Defendant, Cecil Price, individually, and as Deputy Sheriff of Neshoba County, Mississippi, by his attorneys, and moves the Court to dismiss this action and the Complaint filed herein, as against him, and on grounds therefor assigns the following: 1. The Complaint fails to state a claim upon which relief can be granted. 2. This is not a proper class action. 3. The Plaintiffs lack standing to maintain this action. . ' ANSWER \ Comes Cecil Price, individually, and as Deputy Sheriff of Neshoba County, Mississippi, by his attorneys, and files herewith his separate answer to the Complaint in the above styled and numbered action. lEVfciW E 1. Defendant denies the allegations of Paragraph 15 of the Complaint. 2. Defendant denies the allegations of Paragraph 16 of the Complaint. 3. Defendant denies the first paragraph of » Paragraph numbered 17 of the Complaint. Defendant denies that he, individually, or as Deputy Sheriff of Neshoba County, Mississippi, has ever engaged in any terroristic acts as charged in the second Paragraph of Paragraph 17, or that any other person, as a result of any conspiracy with him, has ever engaged in any such ( acts for any purpose whatsoever. Defendant is without information sufficient to form a belief as to any report by any agency of the United States Government or by any personal representative of the President of the United States, and, therefore, denies the same. Each and every other allegation of Paragraph 17 is denied. 4. Defendant admits that prior to 1955, a majority of negroes in many rural communities and in some urban communities of Mississippi, did. not offer themselves as voters and did not seek to register or participate actively in the political life of Mississippi. He denies that this was because of any accepted pattern of life in Mississippi, and denies that such pattern was reinforced by any terroristic act on his part or by any person acting in conspiracy with him. The Defendant is without information sufficient to form a belief as to the second sentence of (/>/ . 2. Paragraph numbered 18, and, therefore, denies the same. Defendant denies the allegations of the third sentence of Paragraph 18. Defendant denies the allegations of the fourth sentence of Paragraph 18. Defendant is without information sufficient to form a belief as to the allegations of the / fifth sentence of Paragraph 18, and, therefore, denies the same. Defendant is without information sufficient to form a belief as to the allegations of the sixth sentence of Paragraph 18, except that he denies that he, or any person acting in concert with him, did any of the acts therein alleged to have been done. Defendant denies the allegations of the seventh sentence of Paragraph 18. 5. Defendant denies the allegations of Paragraph 19 of the Complaint. 6. Defendant is without information sufficient to form a belief as to the allegations of Paragraph 20 of the Complaint, except that he denies that any act alleged therein to have been done, was done by him or by any person acting in concert with or as the result of any „ conspiracy with him or that any such act was done with « his knowledge or consent. He, therefore, denies each and every allegation contained in Paragraph 20. 7. Defendant denies the allegations of Paragraph 21 of the Complaint, and again denies that he has ever engaged in any conspiracy, with any person, to violate the constitutional rights of Plaintiffs or any other person. 8. Defendant denies the allegations of Paragraph 22 of the Complaint. 9. Defendant denies the allegations of Paragraph 23 of the Complaint. 3. 10. Defendant denies each and every allegation of Paragraph 24 of the Complaint, except that he admits that Title 42 U.S.C. 1989 reads as is set out in said Paragraph 24. Further answering the Complaint, Defendant would show unto the Court that he has never entered into any plan / X or conspiracy with any other Defendant named in this action or with any other person, whether named or not, to do any act alleged to have been done in the Complaint herein filed against him. Defendant denies that he is a representative of the deputy sheriffs of the eighty-two counties of Mississippi. I .WHEREFORE, Defendant respectfully submits that this action and the Complaint filed herein against him should be dismissed and that Plaintiffs are not entitled to any of the relief prayed for. JOE T. PATTERSON, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI WILL S. WELLS, ASSISTANT ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI RAIFORD JONES, PHILADELPHIA, MISSISSIPPI, SPECIAL COUNSEL / BY: jIU^c /} JU£& ATTORNEYS FOR DEFENDANT, CECIL PRICE \. o •/ IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PLAINTIFFS VS. CIVIL ACTION NO. 3599(J) (M) L. .A./:RAINEY AND CECIL PRICE, ET AL, DEFENDANTS CERTIFICATE The undersigned counsel of record for the above named Defendant hereby certifies that true copies of the foregoing motion and answer have been this day forwarded, by United States mail, postage prepaid, to Kunstler, Kunstler & Kinoy, 511 Fifth Avenue, New York, New York 10017, and to L. H. Rosenthal, 221 North President Street, Jackson, Mississippi, attorneys of record for Plaintiffs. THIS the 22nd day of July, 1964. '-^C-A 2/ lUy^yg Of Counsel for Defendant -*: \ // V IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, ET AL, PLAINTIFFS VS. CIVIL ACTION NO. 3599(J)(M) L. A. RAINEY AND CECIL PRICE, ET AL, DEFENDANTS MOTION TO DISMISS AND ANSWER OF T. B. BIRDSONG . MOTION TO DISMISS Comes the Defendant, T. B. Birdsong, individually, and as Commissioner of Public Safety, by his attorneys, and moves the Court to dismiss this action and the Complaint filed herein, as against him, and as grounds therefor assigns the following: 1. The Complaint fails to state a claim upon which relief can be granted. 2. This is not a proper class action. 3. The Plaintiffs lack standing to maintain this action. \ ANSWER Comes T. B. Birdsong, individually, and as Commissioner of Public Safety of the State of Mississippi, by his attorneys, and files herewith his separate answer to the Complaint in the above styled and numbered action. fc>u,f r 1. Defendant denies the allegations of Paragraph 15 of the Complaint. 2. Defendant denies the allegations of Paragraph 16 ofr the Complaint. 3. Defendant denies the first paragraph of Paragraph numbered 17 of the Complaint. ' % Defendant denies that he, individually, or as Commissioner of Public Safety of Mississippi, has ever engaged in any terroristic acts as charged in the second Paragraph of Paragraph 17, or that any other person, as a result of any conspiracy with him, has ever engaged in any such acts for any purpose whatsoever. Defendant is without information sufficient to form a belief as to any report by any agency of the United States Government or by any personal representative of the President of the United States, and, therefore, denies the same. Each and every other allegation of Paragraph 17 is denied. 4. Defendant admits that prior to 1955, a majority of negroes in many rural communities and in some urban communities of Mississippi, did not offer themselves as voters and did not seek to register or participate actively in the political life of Mississippi. He denies that this was because of any accepted pattern of life in Mississippi, and denies that such pattern was reinforced by any terroristic act on his part or by any person acting "-.; in conspiracy with him. The Defendant is without information sufficient to form a belief as to the second sentence of Paragraph numbered 18, and, therefore, denies the same. Defendant denies the allegations of the third sentence of (t 'i : ''..,• Paragraph 18. .Defendant denies the allegations of the fourth 2. sentence of Paragraph 18. Defendant is without information sufficient to form a belief as to the allegations of the fifth sentence of Paragraph 18, and, therefore, denies the same. Defendant is without information sufficient to form a belief as to the allegations of the sixth'sentence of Paragraph 18, except that he denies that he, or any, person M acting in concert with him, did any of the acts therein alleged to have been done. Defendant denies the allegations of the seventh sentence of Paragraph 18. 5. Defendant denies the allegations of Paragraph 19 of the Complaint. I 6. Defendant is without information sufficient to form a belief as to the allegations of Paragraph 20 of the Complaint, except that he denies that any act alleged therein to have been done, was done by him or by any person acting in concert with or as the result of any conspiracy with him or that any such act was done'with his knowledge or consent. He, therefore, denies each and every allegation contained in Paragraph 20. 7. Defendant denies the allegations of Paragraph 21 of the Complaint, and again denies that he has ever engaged in any conspiracy, with any person, to violate the constitutional rights of Plaintiffs or any other person. 8. Defendant denies the allegations of Paragraph 22 of the Complaint. 9. Defendant denies the allegations of Paragraph 23 of the Complaint. 10. Defendant denies each and every allegation of Paragraph 24 of the Complaint, except that he admits that 3. Title 42 U.S.C. 1989 reads as is set out in said Paragraph 24. Further answering the Complaint, Defendant would show unto the Court that he has never entered into any plan or conspiracy with any other Defendant named in this action or with any other person, whether named or not, to do any act alleged to have been done in the Complaint herein filed against him. WHEREFORE, Defendant respectfully submits that i this action and the Complaint filed herein against him should be dismissed and that Plaintiffs are not entitled to any of the relief prayed for. JOE T. PATTERSON, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI WILL S. WELLS, ASSISTANT ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI J y A BY: A/(-^/ CERTIFICATE The undersigned counsel of record for the above ^ v I ' named Defendant hereby certifies that true copies of the foregoing motion and answer have been this day forwarded, by United States mail, postage prepaid, to Kunstler, Kunstler & Kinoy, 511 Fifth Avenue, New York, New York 10017, and to L. H. Rosenthal, 221 North President Street, Jackson, Mississippi, attorneys of record for Plaintiffs. THIS the 22nd day of July, 1964. // syt/^coi. $r<*&£> Of Counsel for Defendant I IfxUA.V K\ UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS, et al. Plantiffs, ". CIVIL ACTION v. NO. 3599 (J) (M) L. A. RAINEY, et al. Defendants. s STATE OF MISSISSIPPI) ) SS : COUNTY OF Hinds ) Rita L. Schwerner o being duly sworn, deposes and sayss I am 22 years old and the wife of Michael H. Schwerner, one of the three civil rights workers who have been missing in or near Phila delphia, Miss, since June 21, 1964. Michael and I came to Mississippi on about January 16 of this year as field staff workers for the congress of Racial Equality, assigned to the Council of Federated Organizations. On about January 21 .lire went to Meridian, Mississippi with the purpose of establishing a community center in that city which would provide such services which the state and local authorities would not provide for Negro citizens. From that time until June 21, 1964, we worked continually in and around the area of Meridian, and other counties in the eastern half of the Fourth Congressional 'District. To my knowledge, the onl3r times that Michael left the state in those six and a half months were for a four day conference in New Orleans in February, a one day trip the two of us took to New York in March, and the Oxford oriBntation session in Oxford, Ohio, immediately -orior to his disappearance. The only additional time that I was out ox the state was for a ten day visit to New York City from May 24 to June 2. Shortly after we arrived in Meridian in January, we met Mr. James '£,. / Chaney, a 21 year old Negro man who worked with us and eventually became part of the Congress of Racial Equality staff. From about the middle of February to the end of March, James was out of Meridian, working first in Canton and then, for a short time, in Greenwood. At the end of March, he returned to Meridian to work with us. In the first few weeks that Michael and I were In Meridian, we had to change our nlace of residence some three or four times, because the Negro families vrho took ua in received intimidating p hone calls and became afraid to house us. In February we were able to rent a house from a Negro, Mr. Albert Jones, which he rented from a white woman. Mrs. Roy Cunningham. We lived in that house until the beginning of June, when Mrs. Cunningham insisted that we leave. Prior to our eviction, we had had our rent raised by her. In the first few weeks that we were in Meridian, we received no threats, nor did we suffer harrassment at the hands of the local authorities. However, as people came to know us better, to recognize us, and to know what we were attempting to do, the tension increased. On several occassions my husband v/as picked up by the local police, and taken to the police station, where he was questioned as to our activities, asked to show proof of ownership of our car, etc. They never did pick me up for questioning. • ,•-, , As we acheived some success in' establishing the community center, the threats and intimidation began to increase. By May we received so many phone calls at late hours of the night, that in order to get some sleep we were forced to remove our telephone receiver before going to bed. We finally resolved this problem by obtaining an un published telephone number when we moved to our new apartment after being evicted. The phone calls at the office during the day and evenings continued. They were of several forms. Some were extremely -2- unpleasant in that vrhen I picked up the phone the party a.t the other end of the line would use extremely offensive language towards me. Other calls we received were threats of violence, R'ich as someone calling and telling me that he was planning to kill my husband, or that my husband was already dead. Michael received anonymous calls telling him that they intended to kill me or that I was already dead. A man by the name of Mr. Oliver, who runs an electical sho- a few doors down the block from our office, used abusive language directed towards me and my husband continually. He constantly referred to my husband as "jew-boy" and "nigger-lover". I have been told by workers in Meridian that on at least one occassion in the last month, several of them were threatened by Mr. Oliver with an axe handle. As the car which we drove became well known, we were followed by the -oolice and by white citizens on many occassions. We became extremely cautious about driving at night, and would not do do unless it was a necessity. The white cab drivers took to following us, and did so even when I returned for the hearing on July 25. At the end of April, my husband was arrested on two counts of blocking a cross walk. He was held in the Meridian City Jail from Monday until after his trial on "Wednesday. When he was released he told me that he had narrowly escaped a beating. The police officer who took him to his cell on Monday afternoon called one of the other prisoners out of the cell. My husband could not hear what the police officer said to the other prisoner, but when that man returned to the cell he took Michael aside and told him that he didn't know who he, my husband, was, or what he did, but that he better keep quiet about it while in the jail, because the police officer had said that if this prisoner got the others to beat Michael, no action would be taken by the police. On Friday, April 18, my husband and I were visiting Reverand R. S. Porter, when he received^, word that a cross was burning in front. of his church. We arrived at the First union Baptist Church as the fire department was extinguishing the flames, but the cross was still smoldering. In the beginning of June, a large group of people were arrested in Meridian vrhen they attempted to form a picket line in front of three of the five and ten cent stores. They were charged with obstructing traffic. My husband went down to the police station to find out the charges on the arrested persons. Officer Kirkland, whom I believe \iras the desksergeant that day, threatened ray husband. From what Michael told me, his words were something like this, "If you get any more of these damn kids arrested, Schwerner, I'm going to get you, and that'S, a promise." Working so closely with my husband and James Chaney, I was able, over the course of the months, to observe their habits and attitudes as workers. I have had the opportunity to observe other civil rights workers at their job, but I do "not believe that there are any other workers in the state any more cautious or meticulous in their work than were Michael and James. Michael's concern about the danger to other people and the importance of minimizing it came from his experience as a rights vrorker, and his feeling of responsibility as the Project Director. James undoubtedly, derived much of his feeling of caution from the experiences he underwent in the 21 years of his life as a Mississippi Negro, subject to all the whims and capricious acts of the white citizens of this state. Michael started, making trips into Neshoba County in February and, in all, made about 30 such expeditions. Everytime he went into that county to work, I remained in the office in Meridian to receive his phone calls when he checked in, or in the event that anything went wrong and he needed to contact someone. The only times that I did not serve in that capacity were the few trips he made into Neshoba County vrhen I vras out of the state. Because the county was known to be so dangerous, I insisted on assuming that job myself, out of obvious concern for my husband's safety. When James Chaney returned -3- to Meridian at the end of March, the two of them usually traveled to Neshoba together, although there vrere one or two occassions when one of them went alone or with another person. Neshoba county has had a refutation for being so volatle that it has been nicknamed, "Bloody Neshoba", and many experienced civil rights workers, for very rood reason, declined to work in that territory. My husband believed very strongly in security precautions, such as phoning in one's whereabouts, and on several occassions I heard him reprimand others vrho did not call in to t>e office vrhen they vrere supposed to. I remember only one incident prior to his disappearance vrhen Michael vras two hours late returning from Neshoba County and did not call to tell me why. I was frantic and at the point of calling the jails, but refrained because I knew that if he had not been picked up, this would inform the authorities of his whereabouts, and make the situation far graver. When he and James returne d that particular evening, they said that they had been detained in talking with a contact, who had no telephone, and that they were fearful of stopping on the road to call in and advise me of their delay. On one occassion, I believe at the beginning of May, the two men, James and Michael, were planning to drive to Philadelphia during the day to see some people. As I had met several of the Neshoba county contacts in Meridian, and I had information to relate to them about community center programs which I believed would benefit them, I requested permission of the two men to accompany them. At first they both refused, but when I persisted, Michael finally agreed, and I believe that he agreed because he felt he might have been over-protective of me as his wife. James, however, did not have any of these personal involvements, so that he was able to rationally say that if I went, he would not, as he said that if he were seen in Neshoba County with a white woman, we vrould all be killed. His sound advice vras heeded and I did not enter Neshoba County on that day, or at any other time until after the disappearance of my husband, James Chaney and Andrew goodman. On one or more occassions, James told me that the car had been followed in Neshoba County by white nersons in cars with the license plates either covered or removed. On one occassion he.said he had been followed by an official car, either that of police or sheriff's depart ment, but I don't know which. On June 21, 1964, Michael and James made another trip to Philadelphia, this time accompanied by Andrew Goodman, one of the volunteer uOFO summer workers. I vras in Oxford, Ohio, at the time, but before my husband left Oxford at 3 a.m. Saturday, June 20, he told me of his intention to go on Sunday to Philadelphia to investigate the burning of the Mt. Zion Church in the Longdale Community. The three men never returned to Meridian, nor did they call in their whereabouts. All knovrledge I have of my husband's habits and training indicates that, given the opportunity, he certainly would have called in. It is foolish to assert that he would have turned Sown the opportunity do do so. The information from officials is vague and contridictory, and all knowledge of the situation in Neshoba oounty would lead me to believe that the three men have been murdered. On June 25, at about 3 p.m., I went to the State Capitol Building in Jackson with John Robert Zellner, a Student Non-violent Coordinating Committee field secretary, and Reverand Edwin King, the Tougaloo College chaplain. I attempted to see Governor Johnson to ask for his promise of help in the search for the three men. We vrere told by Senator Barbour that the governor vras out for the afternoon and could not be contacted. He was extremely rude in his treatment of me. We then walked over to the Governor's Mansion, arriving just as Governor Johnson walked up the steps with Governor Wallace of Alabama. We followed them up the steps and Mr. Zellner introduced himself by name to Governor Johnson and they shook hands. Mr. Zellner then turned towards me and introduced me as the wife of Michael Schwerner, one of the three missing men. He said that T would like to speak for a moment with the Mississippi Governor. The moment Johnson heard vrho I vras, he turned and bolted for the door of the mansion. The door was locked behind him and a group of Mississippi Highway Patrolmen -4- surrounded the three of us. An officer with the name plate, "Harper", refused to allow vis to request an appointment with the governor. Harper said that he would not convey our request to Sohnson. On June 26, 1964, when I went to Neshoba County to speak with Sheriff Rainey, the car which I was in vras followed by a blue, late model, nick un truck v-'ithout license relates. There were two w^ite men in. the truck. At one noint the truck blocked us off in front and a white, late model car blocked us from behind. We turned our automobile around and vrere able to get by the white car; the nickun truck followed us a while farther, lie reported this to the FBI agents who vrere working in Philadelphia on the investigation. After I spoke vrith Sheriff Rainey, who denied any knowledge of the circu.msta.nces of the disanpearance of the three men, we obtained permission from Rainey and the FBI to follow the sheriff's car to the garage where the station wagon (which the men had driven on June 21) vras being kept, in order that I could see it. Several young vrhite men whom I believe vrere workers at the garage, latighed and made screams which are usually referred to as rebel yells when they realized who I was. 'When we left the garage the sheriff's car was close behind outs, and the blue pick up truck once more followed after us, to the outskirts of town, with the sheriff making no attempt to stop it or question the occupants about the lack of license plates. Signed: JCJ'XAS :•*./....£^Lk£<^±zk^ Sworn to and signed before me this pi /day of (/j~sf(Csi./ -%'j Si,gned:y^fa^4 C^JtiJ^ Notary Public BY COMMISSION L . 5. 1956 d '/ \ I, Mrs. Fannie Lou ReamT _ 4 Vcflf^Vs I am 46 years of age, and reside la Rulevllle, Sunflower County, My mailing address is 626 East Lafayette St., and IAmarri< : to Mr. Perry Hamper. 1Q6^ -n On the 9th of June,'I-; Mr.-s. Anelle Ponder, and eight other were returning from a voter registration workshop which had been it 1 South CarolinafWe vrere on a a Continental Trailway bus- hicb : ; at Winona, Montgomery County, at the bus station. Annelle Ponder, and. others of our party, Including, James West, from -"-he 2 na, Rosemary Freeman, fron\ near Greenwood, June Johnson, a lfc r old girl, stisosx got ofi the bus to go to bhe rest room, thro, Evest 1 Simpson, and Ruth Pay , also of our party , -;ot off the bus to •• e the nest room. I remained on bhe bus. The four that got off the bus to r,-o • the the restaurant - and bad ~o.ae to the "white side" of the restaurnat r,ere coming back to '•:'•= bus. I got off the bus and asked them "what happened". 'Ihey •-:•- t there were some policemen and high-patrolmen in t re. \nn lie said policemen with billy-clubs told them to get out of there, I said that this can be reported pn^ Annelle said,"Yo§>/l am ~>ing to get the tag number". The four op them were standing outside to ^a4" •JJ]?.Q •'-••'•.• ndrrber ~~p<~i.d —vester Simpson as standi 10* with then calkins1 when all five of them were nut in the patrol-car, hi ch 1 think was the high-way patrolman bar, he also was the one giving orders. I got off the bus when all at once, an officer from the patrol car s7nid"get that one too". A county-deputy, Earl Wane Patric ; and one more gotAof the car ^nd opened the door to his car and said "you are under arrest". I was going into the car when this Patric "kicked me" me into the car. While driving re to the jail, they wert questioning and calling me "bitch", T?re got to the jail, I saw all five of bhe pbove in the booking room. As soon as I got to the b^oving room, a tall policeman walked over to James West nnd jumped hard on Jar:":: est Feet. I was led into a room - a ^e":1- with Eves ber Simpson.While I was in the celltsa , T could hear screaming and the prosing of licks. Pretty SAW soon, IAseveral whitemen bringing Annelle Ponder past my cell-she was holding unto the jail walls-her clothers all torn-her mouth all swelled up and her eyes we.no all bloody- one eye looking like itself. .After a. while :"hey came for me.John P. Bassinger, a high-way patrol man(his name on a metal plate on his pocket), the policeman who had. jumped on James West feet, and another policeman -with a crew-cut h?ircut. -hey came into my cell and asked me why I was demonstrating- and said that they were not going to have such carryings on in Missi ssippi, xhey asked me if I had seen Maftin Luther King Jr. I sai«( I could not be demonstrating- I had just got off the bus-and denied that I have seen Martin lather King. T'ey s?id "shut up" and always cut me off. :i'hey kfctnkx then asked me Where I was from. I said Rulevilie.. They then left- saying that they were going to check it out. They then returned. John Bassinger said: "You damn, right you are from Ruleville, We/going to moke y/ou wish that you were Dead bitch". They led me to a x another cell. Before I had been led cat of the cell- I saw a Negro- who I reckoned was a trustee- who stayed around the jail- bring a mop and bucket to take some where. When I was' brought to another cell-I saw two Jiegro's who were in their 20's or a little younger. John Bassinger-he said-"take this" talking to the youngest Negro. John. Bassinger had in his hand s long , 2 feet bla.ck jack- made out of leather-wider at one end, and one end being filled with something heavy. '$Phe young Negro said: "You mean fe r me to beat her with t! is?"j^ John Bassinger said"You damn right"-"If you don't, You know what I will do for you". The young Negro told me co get en the bunk and he began to beat me. I tried to put my hands to my side -here I bad polio when I w s a child- so that I would, not be beat so much on that side. The first Negro heat me until'/ he got tired. Then the second Negro was made to beat me. I took the first part of it, out couldn't ka stand the secc beating, I began to move- and the first Negro was made to sit on my fefct to keen me from kicking. I remember that I tried to smooth my dressAwas working up from all of the beating. One of bhe whiSe officers fexoannrkx pushed my dress up. I was screaming and goi g on- and .the young officer with the crew-cut hetan to best me about bhe head and told me to stop my screaming. I then began to bury ^y head in the mattress and hugged it to kill out the sound of my screams. It was impossible to stop the screaming. I must have passed out- I remember trying to raise my head snd heard one of the officers, "Bassinger" who said that's enough, ^e said get up and walk. I could barely walk. M* body was real hard-feeling like metal. My hands were navy blud - and couldn't bend the fingers. I was taken back to the cell. v"hile I was back in the cell, I could talk to June Johnson, Annelle Ponder, andRosemary Freeman who were in. their cdlls. I learned that June Johnson /had a hole in her head from her beating. I learned &sss* that tho trustee had &sed the bucket and mc^j to mo^> the blood. • Wea«g5^*i 04 that Tuesday, I heard some white men talk to the chief • i n.( jailer that thetf were F.B.I, and had to report what they sajr. T is able to see ±fag Lawrence Guyot, a field secretary of SNCC '.'he I had known before in voter registration work, and* saw him in the booking room and. saw that he h d been beaten. On the following Wednesday, James Bevel, Andrew Young, and Dorothy Cotton of SCIO(Southern Christian Leadership Conference) came to see is and to get us(the people who had been on th< bus • nr\ were arrested)out. But before T left the jail-I was able to see that Lawrence guyot's head hac been beaten oat of shape. . In 51st of August, 1962, I ha>; been fired from my Plantation job, DeeMarlow's Plantation, puleville, because I attempted to register to vote. I had been working for $ SNCC and SCLC before I had been beaten. At the present time, I am a candidate for Congress in the coming Primary, for the second Congressional District. Doctor Searcy, Cleveland, Mississippi', said that I bad been beaten s^ deeply tiat my nerve endings are permanenty damaged- and I aim sore. y/.. * . Zs / signed,y/JJ.y sj \ 7-lj> .A .>?"/•( £apy-yi^ ^^^.J o^p^-^-^Y^-^ ^ o ol>0^- yy /?*? AFFADAVIT My name is Samuel Block. I am 24 years old. I reside at 708 Avenue N, Greenwood, Mississippi. I am a field secretary for the Student Nonviolent Coordinating Committee, working in Greenwood on voter registration ac tivities . We left Greenwood about 6pm. Monday, June8, 1964, enroute to Atlanta, Georgia. We arrived in Starkville, Miss., about 80 miles from Green wood. We made a couple of stops in Starkville to visit friends. We left about 9pm. After getting 20 miles from Starkville, a car pulled up from the side of the highway, driven by a white man, a '56 Mercury, black and white. We passed the car, he caught up behind us. He blew his horn. He came up very close to the back of our car. He cut off his lights. We thought he would shoot into our car, because our car was very well known in Otibbeha and Lowndes Counties in voter registra tion work. The car trailed us for 5 miles, he kept coming up to us and falling back and turning his lights on and off. When we came to Mayhew Junction, he turned left. We were pulled over by Mississippi State Highway Patrolman Roy Elder, badge number 358. The car had license tag MHP 97. He ordered the driver, James Black, 17, of Ruleville, Miss,, to get out of the car, He got out and the highway patrolman asked him, why did he try to force that man in the Black and White Mercury off the highway? We all replied that we hadn't tried to force anyone off the highway. He said, " You all are the niggers that are trying to change our way of life in the State of Mississippi." He then ordered all of us to get out of the car on the right side. There was an unidentified white man in the car with the highway patrolman, dressed in a black suit. Elder then opened the trunk of our car, and saw literature for Mrs. Hamer, a «£f5rtgr^j^pWX congressional candidate, and brochures on the Mississippi Summer Project and Freedom Schools. He took the literature out, and put^it in the back of his car. He called the sheriff, who came and got it out of his car with a long stick in his hand, ; Elder told the Sheriff, "these are the niggers who are trying to change our way of life." Elder said, "that nigger over there tried to run a man off the highway1.' Sheriff said, "which one, that little short nigger over there?" Pointing at me. Elder said, "no, that big fuzzy-lipped niger over there," pointing at James Black. Elder ordered the sheriff to carry Charles McLaurin, James Jones, Willie Peacock, and I back to the county jail. They Handcuffed all of us, so tight that they almost cut our wrists. The sheriff put all four of us in the back of the car and carried us back to the county courthouse, which is also the county jail. He took our names and checked our belongings and then ordered the trusty and the jailor to carry us upstairs and lock us up. Before we went upstairs, there was a phone call, which the jailor answered and he gaved it to the sheriff. It was a lady asking him permission to come and visit the $ail that night. He told her, "No, because we have some very very important business tonight, and we don't have time, but you can come first thing in the morning. He then told the jailor, "these are the niggers that are trying to change our way of life; they are working for the NAACP and CORE." The jailer replied, "The river is just right, let's carry them out and rifle them right now," Then James Black walked in with Elder. His nose was bleeding very badly, and his eyes were swollen very badly and he had dirt in the right side of his hair. Elder said, "this nigger here, he can't even stan on his own two feet. He fell up side of the car." They then carried us up stairs and put us all in the same celli They didn't tell us we were under arrest. About five minutes later, about 10:66 pm. a white trusty along with a Negro trusty named Moore came to get James Black. They fa^ti questioned him about a draft registration card that he had in his pocket that didn't belong to him. (Black had a billfold belonging to someone who had left it at his house.) He stayed down about five minutes, and then they brought him back. The white trusty returned about 10 minutes later, told all of us to line up at the door of the cell. He said, "they want to inte- view all of you down-stairs." He pointed to me and said, "we want to take you first." They carried me downstairs first and outside in back of the jail. Inside were the Negro trusty, the white trusty and the jailer I walked outside with Roy Elder, and he began questioning me about trying to change their way of life, I told him we weren't, trying to do that. He then hit me on my left cheek with his fist. I staggered and fell back to the window, and he grabbed me and hit me in the groin with his fist very hard. I fell down and he kicked me hard in the shin. I got up and he said, "tell me the truth nigger, tell me the damn truth." "Where are you going?" I told him we were headed to Atlanta for a staff meeting. Then another highway patrolman wearint brown horn-rimmed glassed walked up and Elder asked why did you have all of that god-damn litera ture in the car? I told him I didn't put the literature in the car. The other cop said, "its your car, isn't it? You mean to tell me you don't know vrhat's in your car?" Elder said, no that isn't his car. Elder said, "come on and tell me the damn truth, nigget, just why are you all here, had any white person mistreated you in the state of Mississippi?" I answered "yes, you are mistreating me now." He then hit me again with his fist on the left cheek and knocled me back. He shouted, "stand up, stand up!" "what are you, a Negro or a nigger?" I said a Negro. He said what? And drew back his fist again, he then asked me the same question again. To keep him from hitting me again, I told him I was a nigger. He said, alright, go on back in. I could just barely make it back upstairs to the cell. After I got back into the cell, 1 fell to the con- ctete floor and blacked out and laid there for about 20 minutes. The same procedure was gone through for all the others except Black. We requested to make a telephone call several times and were refused. We spent the night in the cell.In the morning, we again requested to make a call, about 9:30 and were again refused. (t v About 10:00 am, the jailer and the trusty told us to come down to be fingerprinted and photographed, which we did. The sheriff said we were charged with transporting illegal literature. Black was-'also charged with transporting illegal literature and runnings a stop sign. Afterwards, Elder and another highway patrolman, different from last night, came and carried us over to the justice of the peace office. We went in the front and out the back of the office and were put in the back of three highway cars. We were carried about 8 &itibIbtit I miles west on route 82, to judge R. V. Whittaker's office. We stood in there for about 20 minutes. The judge, some white citizens and lawyers went into the bad of the judges office, along with about 5 or 6 highway patrolman. They talked for about 20 minutes. Then they carried us outside, handcuffed, except James Black. They put us under a tree and were guarded by a highway patrolman. They kept Black inside. After about 10 minutes, they called us individually into the office. I was called third. The judge questioned me, along with Roy Elder. He questioned me about, (general personal information), then James Black. How long had I known him? I said yesterday was my first time meeting him. Judge Whittaker said, "you can sit there and act a damn mother-fucking fool if you want too, but we are trying to help this 17 year old bay, whom we have two charges on." He then questioned me about SNCC, the summer project and about my leaders. This lasted about 15 minutes. I had been sworn in. I again asked for legal counselor. He said, "we are not trying you, we are trying this boy here, and you are a wit ness to him." He said when we get ready to try you, we will allow you to get legal counsel. Then he told me to go hack outside. This continued until every-body had been questioned. Then a man who I think was the couty prosecuting attorney came out and told us, "boys, I don't have anything&against you all for woeking for your cause, but the laws are on the book and they must be obeyed. And when you come into my town, I want you to obey all laws. I am going to drop the charges on you all and see if I can get the judge to fine him, (Black), and if he didn't appeal, to drop the other charges in Otippeway couty. But if he does appeal, the other charges wil remain." He taled to the judge. We were called back to judges office, and the judge told all the people in the room, "take a good look at these niggers, because it is more than sure that you will be seeing a lot of them this summer wording on the Mississippi Summer Project. I don't want to catch none of you around here any more. If we see you again, we are going to get you, because we don't want you around. If we don't get you the colored people here will get you because they don't want you around either." We were then carried back to the couty jail. We paid $28 fine. Plus $2.08 for car storage fee and we were released. We then drove to Atlanta. We went to Dr. James D. Palmer in Atlanta and were examined. He said I had a very badly-bruised muscle in my cheefc. And in my back and groin, and he told me to get plenty of rest and gave me a prescription for pain and told me to soak in a hotvtub. He said tomorrow I would be sorer. tincc£{-~7/Usr~M^ %^K6 The above statement sworn and subscribed to before me this \\ day of J vi ^ ts> 1964. o Notary Public/ [Soffimlsslon "":•:• •••-?• (t >/ UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION x COUNCIL OF FEDERATED ORGANIZATIONS, et al. Plantiffs, CIVIL ACTION v. NO. 3599 (J) (M) L. A. RAINEY, et al. Defendants. : »•••••• ••••!••.•• ••••X STATE OF MISSISSIPPI) ) SS.: COUNTY OF ) Julius Samstein I- ,, being duly sworn, deposes and saysi On Monday, July 19, 1964, at approximately 4:30 p.m., I was driving from the Beartown section of McComb to our voter registration office in the Burgland section of McComb. I had left VenableJbStreet and made a right turn on route 24* I stopped at a Texaco station for some gas, I was followed into the station by a I960 white Ford with two white men. The younger of the twch.men, in his thirties, of strong build and over six feet, gotcHax" out of the^car and walked around toward my car and began looking at me*f After purchasing the gas, I left the station and drove the 100 to 200 yeards to the traffic light at the intersection of route 24 and highway. 51« There I stopped for a red light, - Ks I sat there I Hxjrioticed that the I960 white Ford was directly behind my car and that the same man who had gotten out of the car to look at me in the gas station had gotten out of the car and was walking toward my car. As he approached my open window, he swung his fist into the car and hit me in the ear. He swung three more times after this. At least one of the times he caught me again on the ear0 Then he turned around, without saying anything to me at any tiae and got back into the white I960 white Ford, Meanwhile the light had changed and I drove off, making a left turn on to highway 5l« The I960 white Ford also made a left turn but turned off the highway after 20 or so yards into a shopping area, cys- I SEOKtoui continued on to the McComb Police Station where I reported the incident to the local law authorities, I later learned that four local NegroesOx% i had witnessed the assault on md. Two are Curtis Bryant and Curtis Bryant, jr. They were behind the car which was directly facing me on the other side of the traffic light. They got a good look at both the man who assaulted me and the other person in the car* Curtis Bryant jr. also noted part of the license plate of the I960 white Ford, It was S~65# Sworn to and signed before me this % day of 1964 I tereby certify that a notary public is not available to me and that the above is true to the best of my recollection; this ^^ day of_J a> \y -f 19 £T . Signed :\Jhu*k 5(W\^fev^ . ' Two witnesses fiw\8VW^ &&& A F F I D A V I T STATS OF 10*3313SIPPI COUNTY 0? "Pike 2o NAiffi Miss Sherry Everett AGE ADDRESS 7o2 Wall Street, McComb, Mississippi OCCUPATION Voter's Registration worker PKOFE 684-2lle BeinR duly sworn deposes and saysc to-TTit: I an a citizen of the United States of Aiaorica and am^'k^ro or a/whiti Trhitee participant in civil rights,^nrights And desogyegatdesegregatioJ n work. On (day) (month) Jttly , (date) I7th . 19 °4 __ . at about n mn tine, the following happened: In the course of my work, I went to witness the burning of the church Mt. Zion, near Percy Quinn Park. We arrived somewhere between the hours of llioo and LI: 15 a.m., Friday morning. Mt. Zion church or what was the remainder of it was the following. The church was still burning slightly adn all was left was the two side walls and the back was completly destroyed. My first impression was that a bombing had taken place, but later discovered that it was burned. It seems to me that whoever burned the church had spread around the area of theparking lot raxlarge tacks,in which I beleive are used in oonstruction of putting on roofs. These may togfammfada have been used in obstruction of traffic. This is the conclusion to what I have seen. This above is is answer to the best of my knowledge. This is true. Sworn to and signed before me this y day of xry Public I hereby certify that a notary public is not available that the above is true to the best of i,?/ recollections this day of , 19 . Signed, Two witnesses t ^ Ccmfn''ii'!'n &PH*' Jm^j^ l hn . f ilimm ||||MI i,W)| mm, mj am -' i i in, t i «, , UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION t COUNCIL OF FEDERATED ORGANIZATIONS, et al, t Plantiffs, # CIVIL ACTION v. : NO. 3599 (J) (M) L. A. RAINEY, et al. Defendants. : STATE OF MISSISSIPPI) ) SS.j COUNTY OF ) Curtis Hayes , being duly sworn, deposes and says: On July £, 1964, at about 3:40 a.m., I was asleep in a bed that was about 2kf(feet) away from the window, A bomb was placed about l£»(feet) from the outside of the window, I don't recall hearing any noise, I only remember lying on the floor beside my bed under glass from the window and the lumber from the window frame, >if I assume that I had been unconcious for sometime for everyone had already made it to safety by the time I realized what had happened. When I finally made it to safety (the kitchen) I was still quite dazed and noticed that I was bleeding profusely. I later learned that my body was covered with small cuts and some 30 of them were deep cuts. I believe the house (702 Wall St., McComb, Mississippi) was bombed because it was occupied by myself and other Cofo workers and was being used as a Freedom House, My home address is Rte, 2, Box 100, Summit, Mississippi, I am a citizen of the United States of America, I hereby certify that a norary public is not available to me and that the aboy>e is true to the best of my recollection, this 3a, day of ^}y , , 1964. •35 Two Witnesses; l/a-^fj^r M^A-V-^ l,t V UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION • X 1 COUNCIL OF FEDERATED ORGANIZATIONS, i et al. o• Plantiffs, : CIVIL ACTION »* : NO. 3599 (J) (M) L. A. RAINEY, et al. Defendants. : X STATE OF MISSISSIPPI) ) SS : COUNTY OF ) * Qra Lee Bryant being duly sworn, deposes and says: I live at Rte 1, Box 49, McComb, Mississippi. I am a citizen of the United States .Siii"' of America. I have permitted the members of COFO to use my grounds for youth meetings of looal young people. The first such meeting was held on July 18, 1964. On July 26, 1964> at 1*00 a.m., I was in bed when I heare a car stop in front of .my house. I got up to see who it was and I saw a black car. It was an old model oar. The lights from a car coming from the opposite direction shone on the black car and the black car pulled off. I came out of the house and watched the car go over the hill. I came back into the house and all at once it oame into my mind that they could have been the bobmbers who have been going around. So I got my gun and came into the living room to watch and see if they would return. A few minutes later they returned and parked in the same spot. This time I got up and aimed my gun at the car. The window was up and the screen was closed. I did this after the first time I saw them. I waited about three or four minutes to see what they were going to do. I then heard a noise like a bundle of sticks hitting the ground right in front of the window. It landed on the ground and then I opened fire and the car took off. It was going north. Just as the car took off a small blast went off in the yard, I then ran to get my husband who was sleeping and he grabbed the gun from me and ran out the back door and came around to the front yard. By the time he got to the front yard a car was coming back by the house at a very high speed. 'When it approache d the house two shots wejje fired: one hit the window and the other hit high above the window on the outside. At the same time the last shot was fired the big blast went off and I saw my husbamfe being knocked around and to the ground by the blast. He fired two shots in the ground because he had lost his balance due to the blast. After this we tried to get ouselves together because people began coming over and we we£e in our pajamas. About five minutes after the bobbing a local cop whom we know as "Big John" oame up the walk to our house and told us to put our guns away. The only reason that I oan give for them bombing my house is hat I have let the COFO civil rights workers use ymy yar± and cafe for meetings «4 and picnics. &ASA 1^A^ftju4a*Y Sworn to and; signed before me this day of , 1964. (notary public) I hereby certify that a notary public is not available to me and that the above is true to the best of my recollection, this O.P day of ^\y , MmmAt f)sf/Z, ,Xjgg^ /&)M6hjf~ Two witnesses: tya^uJr X7 -1/-/^i £L^ / (j^-^ STATE OF LOUISIANA PARISH OF QftEEAMB. BAITS' SUSAN B. PATTERSON, being duly sworn, deposes and says « I reside at 13^ West lf?th Street, New York, New York. I am a native born citizen of the United States of America and am 26 years old. I am a member of the "freedom school" teaching program that is being operated in Mississippi by the Council of Federated Organizations (COFO). I ana a graduate student at Hunter College in New York City, and I have been teaching history and the United Constitution States/to Hegro children at the "freedom school" in Hattiesburg, Mississippi, at the Truelight Baptist Church there. Peter Werner Is also a teacher at that school. He teaches science, math and music to Negro children. On July 20, l961j.» two teachers from that school, the aforesaid Peter Werner and William D. Jones, and I went shopping in downtown Hattiesburg, At about 2»00 P.M. William D. Jones entered the Standard-Walgreen drug store on Main Street. Peter Werner and I remained standing outside the store althOughlwe were.7aboutcfcorehten.. Peter Werner walked to the street curb to signal a car which he thought contained some of his friends. I watched him as he was doing that. At that point I saw a man strike Peter Werner about the head and neck with his fists. I subsequently learned that this man's name is Houston Hartfield. He is a white man. Peter Werner fell to the paveriBnt and curled up, 'clasping his hands behind his head, with his knees drawn up and his ankles crossed. Houston Hartfield kicked him about his head and back. Peter Werner at no time attempted to fight back, nor did he say anything to Houston Hartfield while he was being beaten. I screamed, "Help, Police'." many times. A policeman then came and stopped Hartfield from beating Peter Werner. That policeman took Hartfield to the police station, and Jones, Werner and I followed. In the station, Peter was told he was under arrest for assault and battery, and he was then booked ori that charge. He was released on $25. cash bond for a hearing that afternoon. Sworn to before me this 27th day of July, 196b, L OUSE NotaiyPubn0 p -EUE -2- (> •/ AFFADAVIT June 9, 1961; My name is James Black. I am 18 years old and live in Ruleville, Miss issippi. On the afternoon of June 8th, 196a, Charles McLaurin and I started out from Ruleville. In Greenwood, Miss, we picked up Sam Block, Willie Peacock, James Jones. Our destination was Atalnta, Georgia where we were to attend a meeting of the SNCC staff. Between Mayhew Junction and Starkville we were followed by a '56 Mercury. Tne car pulled up behind us and cut his lights off, then pulled out like he was going to pass and then didn't pass. We slowed down at that point. At Mayhew Junction he turned off. At the intersection of Rt. kS and 82 the Highway Patrol pulled up behind us and pulled us off the road. Ron Elder, the Highway Patrolman, said to us: " you god damn niggers want to change our way of life." He then told me ( I was driving at the time) to get out of the car. Then he told the others to get out on the other side of the car and stand by our car. The he searched the car. He then went to call the sheriff and told the sheriff to nick us up cause we were "god damn niggers trying to change our way of life." The we were searched one by one. By this time "the sheriff had arrived. ( Tne sheriff of Lowns County). The sheriff handcuffed all of the others but not me. Then he told me to pick up all the literaure in a box and put it in the back of his car. (The literature was Mrs. Hamer campaigne literature, summer project brochures). After I put the literature in the back of his car he told me to get in the back of his car ( a '63 white ford). He told me he was going to take me to the courthouse but before he took me to the courthouse he took me out of the car; I refused to get out. So he pulled me out. He started hitting me with his fists and after about twenty blows he got his blackjack out and hit me one time with it and knocked me down. Then he told me to get back in the car. While he was beating me he asked me if nay white folks had ever treated me bad; I told him yes and he hit me agaihja He asked me again had any white folks in Mississippi treated me bad and I told him no. At that point he helped me back into the car. Then he took me to the County Jail (Lowndes) where I was questioned by the sheriff. The sheriff asked ofr my driver's license and to take everything out of my pockets. Then he told me to step back and told the others to do the same, i.e. to take stuff out of their pockets and step back. Then we were taken into a cell: there was onlu one cell in the jail so we were all together; a girl and three other boys besides us were all together in the cell. In about $ minutes I war called again to be questioned and was taken to the sheriff's office. I had a friends ID card in my pocket and he asked me if my friend was a Negro or a nigger. I told him a Negro. The same Highway Patrolman was there and took out his blackjack and again asked if my friend was a Negro or a nigger. He started started to hit me with the blackjack and I told him my friend was a nigger. , 1 * % i Then I was taken back to the jail. 5 minutes later the jailer came to take one of the other guys out. He took Sam Block to the sheriff's office, asked him a few questions and beat him up. Then the jailer brought Sam back and took James Jones out. Then he brought James back and took Willie Peacock out. Then the jailer brought Willie Peacock back and took Charles McLaurin out. In each case they were beaten right in the sheriff's office. We were kept in jail overnight and the next morning anout 10am we x^ere taken down to the city police department and finger printed and photo graphed and interviewed again. We were asked names, addresses and phone numbers and asked where did we work, I am a day laborer and told him so. Then we were taken to,the court and the presiding judge was R?V? Whittaker. I was charged with reckless driving. We were going about 35 miles an hour when the incident occurred. He said I was in the wrong lane which is untrae. I was also charged with running two stop signs which was false. After this the judge told me to sit down and that my trail, the State of Mississippi vs. James Black, would begin. I was asked questions then sucj as: "Where you encouraged to drive the car." I told him no. I told him I was a day laborer. "Are you on the NAACP staff?" I told him no. "Do you belong to any organization?" I told him no. Then he told me to sit down again and called in the other boys one by one. Then they were asked the same questions: Where they on the SNCC payroll. They answered yes. Then wewere all told to go' out whili they had a eenforanea in the eeurt room. About five minutes later I was called back alone. Then I was told that he was going to let ire off light providing I would leave town and never return. He charged me %$ for running each stop sign and $2 for driver education and charged the other four %U each for the night they apent in jail. The reason he didn't charge me the |U fee was because I had been officially arrested. We were then taken back to the jail and given our personal belongings. After which we paid the fine and a city policeman drove us to the filling station where the car was. We were charged $2.08 for storage. Then we continued our trip to Atlanta. Roy Elder, the Highway Patrolman, has a badge number 358 and his license tag number was MHP 97. We were followed between Mayhew Junction and Starkville between 10 and 10:30pm and were stopped by the Highway Patrol man at about 10:30pm. 'J/gmemktu^s Black PJuiArh^ afstyJt The above Statement sworn and subscribed to before me this [ | day of 196U. d V? W ^5. Notary Public Wofery Public, Georgia, State at Large My Commission Expires Oct 9, 1957 t, •/ UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION —— x COUNCIL OF FEDERATED ORGANIZATIONS, et al. Plantiffs, CIVIL ACTION v. : NO. 3599 (J) (M) L. A. RAINEY, et al. Defendants. STATE OF MISSISSIPPI) ) SS.: COUNTY OF LEFLORE) June John a on being duly sworn, deposes and says: I am 16 years old and live at 317 Noel Street, Greenwood, Mississippi. A group of Civil Rights workers was traveling from Charleston, South Carolina to Greenwood, Miss, by bus on June 9, 1963.- The group'consisted of Mrs. Fannie Lou Hamer, Miss Annelle Ponder, Mr. James West, Miss Euvester Simpson, Miss Rosemary Freeman, and myself. On the trip from Columbus, Miss.,, to Winona, Miss., our group sat in the front of the bus and occasionally sang freedom songs. When we got to Winona, the bus stopped at the terminal there, Everybody went into the terminal except Mrs. Hamer. When we got inside the terminal, our group sat down on the "white" side. The Winona Chief of Police came in and told us to "get over where you belong." We. got up and went outside the terminal. Soon the Chief of Police and a State Trooper came outside and arrested us. When she saw us getting into the Trooper's car, Mrs. Hamer got out of the bus and asked us "should I go on to Greenwood?" We told her to go ahead, but the Trooper called out "Get that woman," and an unidentified white man grabbed her and put her in his car. The Trooper took us, to th6 Montgomery County Jail. Mrs. Hamer arrived inathe other car about the same time. -2- We were taken inside. The Trooper said, "What you niggers come down here for?—a damn demonstration?" We all shock our heads and answered "no". Then he said "You damn niggers don't say 'no' to me—you say 'yes sir1" While he was saying this, the county sheriff and the Winona Chief of Police came in, accompanied by the same white man that brought Mrs. Hamer in. The Sheriff walked over and stamped James West's toe, and hit Euvester in the side with a ring of heavy keys. Then the Trooper questioned us. While questioning Annelle Ponder, he found out that she lived in Atlanta, Ga. He told her, "I knew you wasn't from Mississippi 'cause you don't know how to say "yes sir" to a white man." Then fte turned to the rest of us and said "I been hearing about you black sons of bitches over in Greenwood, raising all that hell—you com6 over here to Winona, you'll get the hell whipped out of you." He opened the door to the cell block and told ev6ryB>o&y to get Insid6. I started to go in with the rest of them and he said, "Not you, you black-assed nigger." He asked me, "are you a member of the NAACP?" I said yes. Then he hit me on the cheek and chin. I raided my arm to protect my face and he hit me in the stomach. He asked, "Who runs that thing?" I answered, "the people." He asked, "Who pays you?" I said, "Nobody." He said "Nigger, you're lying. You done enough already to get your neck broken." Then th6 four of them—the sheriff, the chief of police, the state trooper, and the white man that had brought Mrs. Hamer in—threw me on the floor and beat me. After they finished stomping me, they said, "Get up, nigger." I raised my head and the white man hit me on the back of the head with a club wrapped in black leather. Th6n they made me g6t up. My dress was torn off and my slip was coming off. Blood was streaming down mhe back of my head and my dress was all bloody. They put me in a cell with Rosemary Freeman, and called Annelle Ponder. I couldn't see what they did to Ann6lle, but I could hear them trying to make her say, "Yes sir." When they brought her back, she was bloody and her clothes were torn. -3- About 5 minutes later the trooper came in and yanked Rosemary Freeman off the bed and bumped her up against the brick wall of the cell two or three times. Then he turned to me and said, "Pull your dress down and wash off—when I come back in 5 minutes, you'd better be clean." I started to wash up but a man in a blue uniform told me to wait until we left. Then we heard the policemen shouting at Mrs. Ham6r in her cell. Then they took her somewhere into a different part of the building, A little while later we heard Mrs. Hamer hollering, "Don't beat me no more—don't beat m6 no more." Later they brought her back to her cell crying. She cried at intervals during the night, saying that the leg afflicted with polio was hurting her terribly. We stayed in that jail day and night from Sunday till Tuesday, when they booked us and informed us that W6 were charged with disorderly conduct and resisting arrest. We then went back to Jail until Wednesday afternoon, when a group of SNCC people came from Greenwood to get us out of Jail. W6 got back to Greenwood about 7:00PM on June 12, 1963. Signed: Sworn to and signed before me thls^j? day ofste (//!/> 19 lo *-f Signed:. Notary Public I hereby certify that a notary public is(n6\t available to me and that the above is true, this^y day of ^J0niiu, .ps/prf . Signed: ^pjiw\lJ$>, \\m/flAM J Two witnesses tfvy\ N.A " M^i/euo., / \pe<*jeA2\{\M?I[s o'/ UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION COUNCIL OF FEDERATED ORGANIZATIONS et al. ' Plantiffs, CIVIL ACTION v. L. A. RAINEY, et al. NO. 3599 (J) (M) Defendants. STATE OF MISSISSIPPI) ) SS.i COUNTY OF JONES ) Bertie Mcfl-m ., being duly sworn, deposes and says; At approxlmatly 2:00 PM. on July 11, 1964, in Laurel, Mississippi, I saw a group of six Negro children, including my son, Larry McGill, Calvin Hughs, Jessie Arrington, and three others who I am not acquainted with, enter the H.S. Kress store on Central Avenue. They took seats at the counter and waited to be served. One of the v/aitresses placed a large knife in open view behind the counter. A man in a yellow shirt went up to and spoke to the policeman who was in the store at the time. The policeman, who was wearing a white shirt, spoke the word "now" and at this time, the man in the yellow shirt and another man in a checkered shirt, pulled baseball bats from paper sacks and began to beat the children. Larry was hit accross the back with a bat. Jessie was hit in the face with the bat, and his hand was cut badly. The children fled the store and I drove the injured boys to the hospital, where Jessie required stitches in his hand. The policeman did not make an immediate attempt to stop the beating and took action after the children fled the store. f 4J Sworn to and signed before me this 1964. NOTARY PUBLIC d v 'jfTO^'ational orgJni«tion.wirt) atfiliated local groups worlun ,HGRES5 Southern Regi'onal Office V> 2211 Dryades Street ''4i 0^ EQ Room 203 New Orleans, Louisiana flttoj^bollsh raclJf.discrlliiinat.gn Or d.rtcl, nonv.olcnt methods ,)(j PA Fir- ROW NtW YORK 18 NtvV 'DDK C'-*!.i-Jt '6773 July 10, 1961* Jam.-'.. 1 i- n.itrin^' ' •< Richai'i Ha Gem .11! ., • iv. iii: .- Mr. Jack T, Stuart, US Marshall Room alO AD 3 ."v. corvwi TF ~ R,»'Dri Ah. -..ithv United States Post Office Building J.,.-i|,-S R.ltoV-ll Jackson, Mississippi • Swoni to and subscribed before me this j£u— dayotJ^Ui ....\9&4. NatuurM-k+ It On Saturday morning, the 27th, however, I was beaten three times by white prisoners a nd it is this I wish to call to your attention. Shortly#ne or two hours after the %.U. breakfast that morning a white prisoner who had been brought in during the night for, I believe, being drunk, started questioning me in an accusing, aggressive, and profane way as to whether I was a "freedom rider." He stopped after about five minutes only to return in about l£ minutes. None of the other approximately 20 prisoners in the cell had questioned me in this regard the previous day and I do not know why this particular prisoner decided to all of a sudden. Certainly jail officials were around the cell doors enough early that morning to have instigated such questioning, even though I have no specific evidence that they did so. After the second period of "questioning" the man returned in about 15-30 minutes and presented me with a civil rights leaflet wnich had been taken from the pocket of my coat which was hanging in the night section of the cell block. After he asked me a few questions about the leaflet someone started hitting me in the back of the head and in the face with their fists. The man who had presented the leaflet had been standing behind me ajtd to the right as I sat at one of the long tables in the "day room" cell. While talking with him the third time I had not turned around to face him and so I can not be sure whether he wap alone and can not be sure whether he rras the one who hit me. He hit me about 1$ times, stopped anl walked away. I remained seated at the table and did not respond to his implorations to stand up and fight him. As far as I was a-'are the other prisoners took no interest in the beating^han to watch. To the best of :m y recollection thii tock place at about 7*30 A.M. About 15>" minuter later a man whom I believe was a deputy sheriff(he was wearing a uniform and a badge) called me to the door to ask what had happened. I told what h^d happened. He called out to the other prisoners toask^what had happened and the explanation he got from several of the prisoner^ was that I had beeryfesleep on the table and had fallen off. I continued to explain what had happened be cause he did not seem to understand. When I mentioned that 1 wis a civil rights prisoner he said "oh" and promptly walked out. After about V? more minutes the marshalls whom I -belL ve are Kelly and Sutherland called me to the doo» add 33k«d what, had happened; Sutherland did alj/the talking. I jli '.hem; when they a~ked the prisoners what had happened , 1 r,ey ot l\. same answer that the deputy had. Before leaving '5 a •-.••laid did shout to the prisoners something like"leave a.' hay -tlone now'.' I didn't see any more deputies or mar- \all:< until I was bailed out. Aw approximately 9:00 A.M. the first beating was repeated. This time a man approached me from behind where I was seated in • the same place but did not say anything before he started to hit me. The beating lasted about as long as before and both I, and the oth-r prisoners as far as I know, had the _fl ? m,i...._r!E».ar<5-£a.n»J5—•> n VinCann , 1 r— ; ; it '/ • Mr. Jack T. Stuart July 10, 1961; After another 30-U5 minutes a man approached me as the pre vious two had, I wa£ still sitting at the table, but this time I had my head down on my arms on the table. This man pulled my head up by the hair and hit me once, from behind, directly in the right eye. Aa he walked away Icould hear him mutt-r something angrily but couldn't really understand what it was. Two drunks had been brought in early Saturday morning, around breakfast time. One of them slept most of the time but the other engaged himself in a lot of loud talking and antics of one sort and another. About 30-U5 minutes after I was last hit the "active" drunk picked up a h-$ foot length of broom or mop handle which I noticed had been lying around the cell on the previous day. He charged at me from tba front, but with the table and bench between us. He hit me about*times with the wood handle, the blows falling on my arms and shoulders as I was protecting my head. I was standing in line for ier lunch when a deputy called my name and told me to get my things, that I was being bailed out. As the eight of us went one by one to the counter to sign for the return of our belongings a deputy stepped on ouA toes as we signed the receipt form. I know this happened to me and I understand from the others that he did the same with them, too. Before we were taken down to the first floor the deputy called someone on the phone whom he called the "chief" to come up. When the chief came he asked me in a disinterested way about my beating, I told him briefly what had happened but did not go into any more details than he asked for. 3^>+ ! On the first floor all eight of us signed a paper that Mr, Countiss presented us (in the presence of our attorneys, Carsie Hall and Marian Wright), Countiss had a county deputy photograph mej then we were relaesed, about 12:30P.M. Later that afternoon I talked with F3I agent Kokes in his office a:id he took a report of the incident anb/eaLio •• took , r.otographs. My injuries* which did not cause serious bodily '.urm, consisted of bruises on the face and head, a black^eye, :a one or two chipped teeth on the upper right side. On ko;.day, June 29 I gave a signed statement about the incident to igent Regis Kennedy in the New Organs, Louisiana FBI office. I will look forward to hearing from you about what action can be taken in my case and also about what can be done to prevent future such incidents. If you need additional information I will be glad to provide it. Very truly yours, Edward S. STATE OF MISSISSIPPI t»N COUNTY OF HINDS TV Ii Jesse Harris, being duly sworn depose* and say: to-wit: I am a resident of Jackson, Negro, 22 years of age. I was On July 5, 1961,/in Trailways Bus Station in Jackson, Mississippi, trying to get a ticket to New Orleans. Jackson Police came up, asked to move from white section, HaxzxsxzKfHsx I refused and the police hit me three times on the back of the neck with nightsticks. This was during the Freedom Rides sponsored by CORE. I was then taken to City Jail and charged with breach of the peace; and was eventually taken to the State Penitentiary on conviction of $200 and four months. I served ^5 days in the penitentiary. While I was still in City Jail I had to see a doctor EEeanaxexSi because my neck was bleeding from the beating in the Trailways Station. The police allowed a doctor into the jail to i give me treatment. On March 9> 1962, (approximately), I went to the County Courthouse in Jackson (Hinds County), to attend a trial of Diane Nash. I vent into the courtroom and I took a seat on the 'so-called' white side. I was approached by the bailiff of the court, asking me to move to the Negro side. I refused. The presiding Judge, Russell Moore, then asked me to move from the bench. He stopped the trial for this purpose. I asked him why. He gave no,reason and just said: "Are you going to move?". Then he said I was under arrest for contempt of court. I was then taken to County J/ail by the bailiff of the court. On the 22nd I had my trial. I had no lawyer. I asked Judge Russell Moore to continue my trial so that I could obtain a lawyer. He said: "Motion denied". I made another motion that he step down from the bench and have another judge in his place so he could take the witness stand and testify why he had placed me under arrest. He said: "Motion denied", again. He then put the bailiff on the witness stand who testified that I had come into the court to start trouble and that I had been sitting "on the wrong side of the courtroom". Then I asked the bailiff some questions. I aksed him if he had authority to tell everyone in the courtroom where to sit and he said yes. Then I aksed him why did he ask me to move. He said that the seats in my area had been reserved for some witnesses in the court. I then asked whether a white minister wh had been sitting next to me and had come down from the North to observe the trial had been axkEdxtos a witness. The bailiff said no. I aksed why not. He said he had the right to akk whoever he wanted to move. Then he said: "We didn't want you to sit there." I then asked: "In other words the courtroom Is segregated?" And he replied "Yes". I then testified in my behalf. I said that my arrest had been unconstitutional, and that if released that day I would go right back into the courtroom and sit anywhere I pleased. I was then sentenced to $100 fine and 30 days on the County Farm. The bailiff who had testified was the one who took me back upstaiis. And on our way back to the elevator, I asked him how long he had been working for the court. He said: "None of your damn business." I then said: "you guys are pretty smart. First you segregate us, and then you testify against us in court and tell lies." At this point he got mad and called over three deputy sheriffs. He said: "Ride on up in the elevator with me. This niggerS trying to get tough." The deputies told me to put my hands up against the wall of the elevator. Then they started to beat me. They beqt me with their fists until I fell to the floor. Then 2 2 they began to kick me in the face and side. All four officers took part in the beating. When they put me in the cell, I was bleeding from my nose, above my eyes, and on the back of my neck. I asked for a doctor. The jailer refused to call one. I was in the County Jail for about a week and was then shifted to the County Farm. I was signaled out as a "trouble maker". I was the only prisoner their dressed in completely striped uniform, most prisoners being dressed in overalls and a T-shirt. I was told that if I was seen talking to anybody, the person that I talked to would be beaten. I was told that I must address all the guards as "Captain" and that if I didn't obey the guards orders I would be punished. I was assigned to the road gang, under a Captain Key. He asked me what I was in for. I said contempt of court. He said: "You're wne of those god-damn Freedom KSX Riders." I said I didn't know what that meant. He said: "Well I'm going to have to whip your ass." Then he called four other prisoners and said: "Take this nigger to the woods, and we're going to whip his ass." They threw me on the ground and started pulling oflf my clothes. He took up a long hose pipe and hit me about fifteen times on the back, neck, buttocks, etc. Then he said, "Get up and put on your clothes". I asked him vhat he did that for. He said: "We always break in new people like that." Then I said I'm going to have to report you to the Superintendent, and file a complaint with Federal officials. Then he looked at the other prisoners and said: "Well we got a smart nigger here." I laid back down and pulled off my clothes again and asked M he was going to beat me again. He said: "no, get up." When we got back to the County Farm I asked to see the Superintendent. He came in and asked me what I wanted. I told him what had happened. He aksed me what I was going to do about it. I told him I -Banted to file a complaint against the guard, and if he didn't do anything about it I would file a complaint against him. He asked me not to do that, and that if I did I would "catch hell". Then he left. He seemed both worried and mad. He pleaded with me not to file a complaint, but he shook and acted like he'd like to shoot me. About a week later, the same guard asked me to move a three-hundred pound log. I told him I wonidn't. He started to hit me with a big stick he picked up off the ground. He hit me fifteen or twenty times. I grabbed the stick out of his hand, and threw it away and said that if he aver hit me again, "Me and him was going to have it." He out his gun and started ±H BEkxii. backing up and shaking •ger I ought to kill you." Then he put me in a truck .a, a® b&ek to the County Farmx, and took me to the Superintendent and told the Superintendent that I had hit him. Then they put me in a car and brought me back to the County Jail and threw me in solitary. t, •, I was in solitary for 36 hours. The cell was 9 by 12, a "sweatbox". I was naked. The cell was a big steel ii vault in the ground, with no windows. They turned on heated air into the vault, and left it on all the time I was in the c ell. Then they came back and took me back to the County Farm. They started asking me question, such as whether I wis ready to "act right". I said "if somebody treat me right." They said that everything would be okay. Then they put me back on the same road gang. After about one week, the guard (Captain Key), pulled out a long hose pipe again and started to beat me one day without provocation. Xzaskaiiztdbn He s truck me about 10 or fifteen times. I asked him why he had done that. He said:H"You one of them smart-ass niggers. I don't like your ass." He took me back again to the County Farm. I was put in a c ell for about four days until I was released. Date: \f^z. / [££. fe£ S ifiged:V ks^J- 7xf~dA/ly., Sworn to and signed before me this day of Signed:. tt •/ STA'fE OF MISSISSIPPI COUNTY CF COAHOMA I, Miss Bessie Turner, a Negro BEING DULY SWORN DEPOSES AND GAYS: TO-V.IT: I am 21 year.old, and at Che present time, I live et 515 Mckinlsy , On February 6, 1962, when I was 19, I was walking with a young man down a Clarxsdale street when Cl^aksd-le police officers, Pau] Bract, and Barrier,stopped us and accused me of having Been involve-: in a"theft. I'was'"takeh to'jail oy the^bfficers and- they forced me to unclothe end lie me on my b ck. Oae of the officers boot me bet een my legs with a belt. A few minutes later, the other officer befs ( to •i ••• beat me across my naked breasts. sio-ned Rttf/C 7~^aea Sworn to and signed before.me this " ^-y day of fl/'[0yf 19 L-'~ f. i/ Signed y / it w nireen o A. Brewer j & \)tfi{1r$ybeing duly sworned, deposes and says, to wit: I am 29 years of age, and live in Dutchneck, New Jersey, P.O. General Delivery, At t? e oresent time I am visitin T m*r parent ^nd have been visiting my parent, Mrs, Jaaie Brwer, since December, 1965, who lives in Charleston, Mississippi., RE 2, Boa 134-. In the first week of February, 196/L, My brother Charles Brewer, a friend David Baskin, and my self had been visiting seme friends who live near the Huntly Grocery Store in Charleston, Mississippi. We ieft out friends arid noticed that "~° needed some air in one of the tires of my car. 5'e then drove to the Hunt"1/ Grocery Store to nee bar sir-pump. My brother Charles went inside" the store to get some soft drinks. It seemed as if it was taking a '• ong time for my brother Charles to come out. David Baskin walked to the Door ito ;he store, opened the door, stopped, backed away, and then turned around • started to walk real fast to the road. I then began to hear the sound of some licks. I ran inside the store and saw my brother Charles lying on the floor. Ee w s bleeding. He was unconscious. Mr. Huntly had backed up against the counter, holding an axe handle. Another white-men, Mr.George little was also holding an axe handle. ^ bent down to Charles, called b.ii twice, and asked him, "whats the matter- what happened". There was no response. I then pulled him up and"' was getting him to the door and by t at time was beginning to help himsdlf. I then w 11 back to get the sun-glasses that belonged to my broth r. '-"he two men had^said anything or started anything with me, so I felt that they -v/ere not going to bother me. But as.'soon as I started to get my sun glasses, Mr. Huntly started to cuss me, saying that I bet:.ajr get "1 : out before T Kill h$m".. Mr. Huntly 1#ien got his gun- and stafted to shake- r'h.en I got a blow from behind. I received a fractured skull, fxx broken (jawbone, broken none, and a bur^t eye ball, wit'- little use of my pye.^However,I-was able to help.my brother to the car, and drive for about '+0 minutes ant 111 a brother, Jesse Brewee ret me and drove my brother Charles and me to the Charleston, Miss. Later, about e week later, the sheriff, Alex Dogha.n care and said"doypu boys want to see me? What happened?" We told hkm what happened. He said that wasn't tho ar, Huntly said it was. He then said that he was going to see Mr. Huntly and send somebody to take our ,rstory". A white-man later deae, ftho said that he w~s sent by bhe sheriff- and interviewed us. Since then, nothing has happened on ' shalfff. ,, „ fe &**<&*! <• . yyf y*y?jy?/l P '& ^ ^ %ij%yy^ c n S^^ - • • ir 3 AFFIDAVIT COW STATS OF MISSISSIPPI CO'JHTY OF RAUISON Harrisf , Arthur schoolboy of Cantonp Micaiaaippi I \ssaa with William February 1964 when w* wsra QixllovM"m1 in arrested o At the polio© atation, the officers beat aw with a robber siphon hcaae and broke £ night stick ov«r sry hea&'as they were questioning Be. AS a result of this beating I had to see' a doctor four or five tlseso We were not booked and were released about 1*00 AoH0 signed i Stataraant taken June 7* 1964* at fcf&shirigton,, Do0< Sworn to and signed before o© Notary Public it', )y KUNSTLER KUNSTLER a KINOY ATTORNEYS AT LAW 511 FIFTH AVENUE NEW YORK, N.Y. IOOI7 WILLIAM M. KUNSTLER MURRAY HILL 2-8317 CABLE ADDRESS MICHAEL J. KUNSTLER "KANDKLEX" ARTHUR KiNOY | February 15, 1966 Robert Ostrow, Esq. , , 25 West 43rd Street New York, N. Y. 10036 Dear Bob: I am enclosing herewith the Waiver of Notice for Misseduc Foundation, Inc., duly signed by Lotte and Rev. McGowan. I'm sorry for the delay. i j As ever, William M. Kunstler WMK:bkf Enclosure