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Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 1 of 119 Before the Honorable James E

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Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 1 of 119 Before the Honorable James E [FILE 9/14 - online at: http://ratical.org/ratville/JFK/MLKACT/] Vol 10 | Table of Contents | Vol 8 Complete Transcript of the Martin Luther King, Jr. Assassination Conspiracy Trial Volume 9 30 November 1999 1184 THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS _______________________________________________ CORETTA SCOTT KING, MARTIN LUTHER KING, III, BERNICE KING, DEXTER SCOTT KING and YOLANDA KING, Plaintiffs, Vs. Case No. 97242-4 T.D. LOYD JOWERS and OTHER UNKNOWN CO-CONSPIRATORS, Defendants. _______________________________________________ PROCEEDINGS November 30th, 1999 VOLUME IX _______________________________________________ Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 1 of 119 Before the Honorable James E. Swearengen, Division 4, Judge presiding. _______________________________________________ DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD COURT REPORTERS Suite 2200, One Commerce Square Memphis, Tennessee 38103 (901) 529-1999 DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1185 - APPEARANCES - For the Plaintiffs: MR. WILLIAM PEPPER Attorney at Law 575 Madison Avenue, Suite 1006 New York, New York 10022 (212) 605-0515 For the Defendant: MR. LEWIS K. GARRISON, Sr. Attorney at Law 100 North Main Street, Suite 1025 Memphis, Tennessee 38103 (901) 527-6445 Reported by: MS. MARGIE J. ROUTHEAUX Registered Professional Reporter Daniel, Dillinger, Dominski, Richberger & Weatherford 2200 One Commerce Square Memphis, Tennessee 38103 DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 2 of 119 (901) 529-1999 1186 - INDEX - WITNESS: PAGE NUMBER JACK KERSHAW Direct Examination By Mr. Pepper ............... 1188 Cross-Examination By Mr. Garrison ............. 1196 JACK TERREL (By Video) Direct Examination By Mr. Pepper ............... 1198 LOUIS WARD Direct Examination By Mr. Pepper ............... 1234 Cross-Examination By Mr. Garrison ............. 1256 Redirect Examination By Mr. Pepper ............... 1257 RAYMOND KOHLMAN Direct Examination Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 3 of 119 By Mr. Pepper ............... 1258 EARL CALDWELL (By Video) Direct Examination By Mr. Pepper ............... 1265 Cross-Examination By Mr. Ewing ................ 1267 DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1187 - INDEX CONTINUED - WITNESS: PAGE NUMBER ROY GRABOW Direct Examination By Mr. Pepper ............... 1271 Cross-Examination By Mr. Garrison ............. 1290 JOHN C. SMITH Direct Examination By Mr. Pepper ............... 1292 WILLIAM SCHAAP Direct Examination Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 4 of 119 By Mr. Pepper ............... 1299 TRIAL EXHIBITS 24 ............... 1265 (Collective) 25 ............... 1271 26 ............... 1275 27 ............... 1286 28 ............... 1304 DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1188 P R O C E E D I N G S (November 30th, 1999, 10:35 a.m.) THE COURT: Are we ready for the jury? MR. GARRISON: Your Honor, may we approach the bench before we start? THE COURT: Okay. Come on up. (Whereupon a Bench Conference was had.) THE COURT: Bring the jury out, please. THE SHERIFF: Yes, sir. (Jury in.) THE COURT: Good morning, Ladies and Gentlemen. I see you scratching on the door, ready to go. All right. Would you please call your first witness, Mr. Pepper. MR. PEPPER: Yes, Your Honor. Your Honor, plaintiffs call Mr. Jack Kershaw. JACK KERSHAW, Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 5 of 119 Having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. PEPPER: DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1189 Q. Morning, Mr. Kershaw. A. Good morning. Q. Thank you for joining us this morning. I know you had some medical problems, and it's – it's an effort on your part and we're grateful to you. A. One eye's better than none. Q. Would you please state for the record your full name and address. A. Jack Kershaw, K E R S H A W, Nashville, Tennessee, member of the Nashville Bar. The street address is 3616 Doge. The zip is 37204. Q. Mr. Kershaw, how long have you been a practicing attorney? A. Since '61. Q. And have you practiced throughout that period of time in the State of Tennessee? A. Yes. Q. Have you lived in Nashville throughout that period of time? A. Yes. Q. And did you at one time come to represent James Earl Ray? DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1190 A. Yes, I did. Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 6 of 119 Q. When did you begin to represent Mr. Ray? A. About the spring of '77 on the occasion of the Congressional Committee investigation of his case. Q. And in the course of that representation of Mr. Ray, did you consult with him many times? A. Oh, frequently. Q. And at one point in time were you asked – not by Mr. Ray but by someone else – to have a meeting with an author, William Bradford Huie? A. That would have been in the summer of '77, my best recollection. I received a call from some official at Thomas Nelson Publishing Company that William Bradford Huie, a writer for Look Magazine, would like to meet with me about an unrevealed question. And I told him I'd be glad to. And I appeared at the conference room at the publishing company in due course and met with Mr. Huie. Q. And at that time that you met with DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1191 Author Huie, you were representing James Earl Ray? A. Yes, that is correct. Q. And he was aware of that? A. Oh, yes. Q. Now, flashing back a bit, had Author Huie published articles on this case prior to your meeting with him? A. Yes. Not too long after the event, Mr. Huie published two or three stories for Look Magazine in which he promised to reveal the true assassin of Martin Luther King. His fourth article did a turn about. Instead of revealing a conspiracy and the identity of a mysterious assassin, he laid it all on James Earl Ray. Q. Which he had not done in his – in his previous articles? Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 7 of 119 A. It was an absolute change of face. It was a flip-flop. Q. Now, did you go to the Nelson Publishing Company in Nashville and meet with Mr. Huie? A. Yes. Q. And where did you meet with him in DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1192 that publishing company? A. In the conference room of the publishing company. Q. And who was present at that meeting? A. I, of course, and Mr. Huie, and Mr. Huie was accompanied by a couple of young men who I did not recognize and a couple other young men who were obviously junior vice president or something or other of the Thomas Nelson Publishing Company. Q. But the people who you did not recognize with Mr. Huie at that meeting, did they identify themselves to you? A. No. Q. They didn't? A. No. Q. Is that unusual to participate in a meeting and others there do not identify themselves to you? A. Well, the whole thing was unusual without any proper procedure. Q. And what took place at that meeting? What was the purpose of Mr. Huie requesting you to meet with him? A. He offered a sum of money for James Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 8 of 119 DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1193 Earl Ray's story, quote, unquote. And I asked him, what story did he want? That Mr. Ray was telling his story every week before the Congressional Committee. And Mr. Huie informed me that the story he referred to was how he killed by himself – he and he alone killed – shot and killed Martin Luther King. Q. So this writer, William Bradford Huie, wanted a story – the story from James Earl Ray of how he, acting alone, killed Martin Luther King? A. That's right. Q. And he was prepared to pay a sum of money for that story? A. Yes. He offered $25,000 for that story. And I immediately asked him, what good is the money going to do this man? He's in the penitentiary. And Mr. Huie said, well, we'll get him on pardon immediately. Q. So Mr. Ray would tell the story, admit his guilt, he would be given a sum of money and he would be given a pardon? A. That was Mr. Huie's message to me. Q. How did Mr. Huie – did he indicate DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1194 at all how he was going to arrange this pardon? A. Well, I asked him a little bit about that, and he never revealed his source of influence with the governor. Q. But he seemed confident he could arrange a pardon? A. Oh, yes, he was very confident. I suggested that he arrange the pardon before the story, but he didn't agree to that. Vol 9, Transcript of 1999 MLK, Jr. Assassination Conspiracy Trial 9 of 119 Q. That didn't go over very well. Of course, Mr. Ray was on detainer from the State of Missouri at the time. Did he say he could arrange a pardon from the State of Missouri as well? A. That subject didn't come up. One pardon presumably would be enough. Q. I see. And this was all at the time when the Congressional Committee was investigating the case? A. Yes. Q. Well, Mr. Kershaw, did you, as James Earl Ray's attorney, take this offer to Mr. Ray in prison? A. Yes. When the meeting came to a DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD (901) 529-1999 1195 close, I rose and addressed Mr.
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