PAGE COUNT OF 50 PAGES
502 1 FIR. ANDERSON: Yes, sir. C MR. FERG17SOM: How many? I MR. APJDERSOIJt- One bo:?.
MR. FERGUSQN: And w%at aTe is your son?
<. MR. A?JDERSOM: Nineteen.
218. FERGUSON: Does your wife work outsiCe o? the
home?
MR. ANDERSON: NO, sir.
3 M3. FERGUSON: Now, you said you hadn't heard or read
anything about the cases; have you seen any accounts of it on
the T.V. or news? 4 3 12 MR.-ANDERSON: NO, sir, not at all. Yhen did you first find out what the 4 13 l1R. FERGUSOR: 4 14 cases were that you were coming here to try? 1 II I 15 MR. ANDERSON: Monday when I got here.
16 MR. FERGUSQN: When you got here Monday? . . -. . I:rh',a. 17 AXDERSON: Yes, sir. - +. .. . 18 MR. FERGUSOi?: Has anybody flscussed the case with you
19 since Plonday? * -. 20 llR. ANDERSON: No, sir.
a. 21 MR. FERGUOON: All.right, sir. NOW, you understand
22 the defendants have pleaded not guilty?
23 MR. ANDERSON: That's right.
I MR. FERGUSON: Are you able to presune them innocent ! 24 : I 25 of the charges against them? i: ---
L MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTLll WHITEVILLL, NORTH CAROLINA 28471 ! - - -__ --- .__-- ..- -. --,..- --"*m'.-,. I
- I
1 beyond a reasonable doubt, and if the state doesn't do that he 50' I1 is entitled to a verdict of not guilty. Do you understand t\at? >In. AIIDrRSON : That ' s riqht .
XR. FEITGUSQFI: Do yo3 believe in that ~rincivle?
PI?. I\-T TDETS O?J : (NO A~~s!'E?:!Wim. ) MR. FE9GUSC)M: Now, if durincj the trial of t5is c3sr4 I 7 /Iany of the defendants decided to present no evidence, to ~rsscnt 8 no witnesses, would you hold that aqainst them? s 9 MR. LVDERSCIN: NO, sir, MR. FERGUSON: If sone presented evidence and otllers I didn't, would you hold that against those v7ho didn't? l1 II I MR. ANDERSON : (NO AE!S'sER I-!EARD .) l2 11 I MR. FERGUSON: I'm sorry, Ilr. Anderson. I will have l3 II I to ask you against to speak up a little hit louder, becaus? the l4 II court reporter here is trying to t.ake down what you are sayin?, i I 16 11 so speak louder when you answer questions so she can hear 2nd I f! ( I can hear. Do you belong to any clubs or organizations in the l7 11 community, -W, Anderson? Is II I MR. AYDERSOM: None hut the Baptist church. l9 11 MR. FERGUSON: Have you ever belonged to any clubs 2o 11 I 21 or organizations since you have been in the county?
22 MR. ANDERSON: None but the church. 1 23 MR. FERGUSON: Do you have any members of your family ! 24 11 who have been members of a-police force ot law enforckment I i . . - __ - _____ -- .-*. . - i agency of any kind? - . - - -. . . . -- . - I -'
MKS. SYLVIA P. EDWARDS DffIC~AL SUPCOIOR COURT REPORTER II WHITEVILLE. NORTH CAROLINA 2847P 1 MR. ~DEXSON:NO, sir. 505 c 2 .IR. FERCIJSON: .And you, yourself, have never been I associated with 1avf enforcement work,? I
:4R. AITDERSOEI: No, sir. I C. NU. FPRGUSO?T: Do YOU have any close friends who arp
police officers or law enforcement officers?
MR. ANDERSOPI: No, sir.
MR. FEIZGUSOEJ: None at all? s r.iR. ANDERSON: None at all.
MR. FERGUSON: If during the trial of the case here
there should be police officers to testify on behalf of the
state, would you tend to believe what a police officsr bad to
say more than you would some other witness, just because it was
L police officer?
MR. AMDERSOU: NO, sir, but I tlould like to hear hot11
;ides.
MR. FERGUSON: You t~ouldn't tend to believe somebody
just because it was a police officer testifying?
MR. XIDCRSON: No. I would hear tho case, both sides
of it, before I would believe one.
14R. PERGUSON: If there should be persons who are
black testifying and persons who are white testifying, would you
tend to believe white witnesses before you believe black wit- nesses? I rm. MJDERSON: NO, sir. I
MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURT RrroRrra WHITLVILLE, NORTH CAROLINA 2847P 1 FIR. FERGUSOEJ: Or vice-versa? 506
2 IIR. A3DEPSOTlr: No, sir.
3 WR. FERGUSOM: YOU would be able to look at.the ovi-
4 dence.. .. .
5 MR. ANDERSON: Yes, sir. NR. FERGUSON: .. . ..and judge that without rs9ar.l to I 7 1I the race of the person testify in^? II MR. ANDERSON: That's right. s FIR. FERGUSOPI: MOW, if the state should, if they ~~~i.11,
present witnesses who are black w'lo will testify against the
defendants, would you tend to believe y.?hat that witness said
simply because he is a black person testifying against other
black persons?
Ell?. AVDERSON: Ohr no.
MR. FCRGUSON: If the defendants should decide to
testify, any of them or all of then, would you tend to disheliev
what they said simply because they are on trial, simply because
they are defendants?
FIR. AFJDERSON: Oh, no.
YR; PERGUSON: You would be able to listen to what 11 they had to say and weigh it along with all the other evidence 22 llin the case?
MR. ANDERSON: Yes, sir. . - 23 11 MR. FERGUSON: But at the same time you wouldn't hold
I 25 it aqainst then-i-Fthey didn't kestify? L
______l_l_------MRS; SYLVIA P: EDWARDS- OF~ICIALSUPERIOR COURT REPORTER WHITLVILLE. NORTH CAROLINA 2847P - 1 MR. APTDRRSOE.:: If they did? 507
I.lR. FCRGUSON: If they did not testifv?
IIR. ANDERSON: No. They have the right if they don't
want to testify.
MR. FERGUSON: Now, it so happens in this case, ;:r.
-Anderson, that ten of thc defenilants are hlaclr perrons: on:!
defendant is a white lady. Does that fact -- '.?auld that fact
influence your verdict in this case; would you hold that
against any of the defendants involved?
PIP,. ATJDERSOTJ: Oh, no.
?IR. FETGUSOM: 'Does the fact that there is a lnr?~. I nlur3er of persons charged doesn't bother you?
ANDEIISON: NO, sir.
MR. FERGUSON: And none of the security measures
which have been imposed in the court room h.ive led you to heli.~1r1~
that any of the defendants are quilty of any crinn?
MX. ANDERSON: No, sir.
MR. FERGUSON: How many pers ns are en12loyed -- ,I?r>roX
mately how many persons are en~loyedat the 5. W. Godwin Lunber , . 20 Company, in Wilmington?
21 FIR. ANDERSON: I believe it's between 80 and a hundred 22- - 11 of them. I'm not positive, but T believe between eighty and a I 23 11 hundred of them.------.., - . 1 MR. Fr;RCIUSOll: Do -they all worl; the same shift?
_ ___.-----_ - ,MR._ AIJDERSON : Yes, s $r,
------MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURT REPORTER WHJTJLVILLX.. - --- NORTH CAROLINA 28473 9')" MR. 90 you know many persons *:rho work tyrre 1 FERGUSOPI:
2 at the co~~any?
3 ;P,. IQTDERS3T.T: Sir? of the Do you know rnost/persons who w~rktLnrc 4 :IR. FCFGUSOII:
5 at the con?any? Well, I know all the -- They've ;lir?(: 6 X9. PIIDVRSON:
7 a fev here in the last few weeks, I believe, but noot of t!~.-.n
8 are - have been there a right good ur3ile and I knoa all t'losc. I They hire some blacks and some w5it~sl 9 MR. FERGUSON:
10 MR. A_NDE?SOTJ: Oh, yes, sir.
11 !1R. FCXGUSOII: Do you subscribe to any na~snapar
12 reqularly at your house? ; Nothing but the Pender Cronicle, and 13 #R. ANDERSON:
14 we just started that about tvro or three months ago, or a nonth
or so ago. That's the onlyest paper we get. i 15 ' MR. FCRGUSON: Were you working at E. !?. Godwin Con- 1 16 i ( 17 pany in February, of 1971:'
18 MR. ANDERSOI?: Oh, yes, sir. I t t P4R. FERGUSOIg: YOU don't know of any reason, then, i 19
20 why you couldn't serve and be fair, is that correct?
! IIR. ANDERSON: Oh, none at all. i 21 -- 22 MR. FERGUSON: Mr. Thompson, what kind of work do - -- - 23 you do, sir? 1 - ---- . - - - I work at E. W. Godwin Company. 24 MR; TIIOMPSON: Lumber 1 ..- . - .______- - MR: FERGUSON: I'll have to ask lrou to speak just a I 25 4 L ----. ._ -- - I - -
- - *, f f. - MRS.- SYLVIA P. EDWARDS 1 1' 1' - - OFF~OI*L'S~)~ERIORCOURT REPORTER WHITEVILLL. NORTH CAROLINA 2e47P -- -..------I 509 1 little bit louder so we can hear you. I say, I work for E. W. Codain Luml~or 6 2 FIR. TIIOI4FSOPI: Company.
11%. FE~CUSON: YOU work over at E. Y. C.OC~V?~~Lun5cr
r .. Company?
N.R. TIIOIPSOM: Yes, sir.
MR. FERGUSON: Hov long have you been a resident of
Pender County?
.e I4R. THOMPSON: About fifty years.
MR. FERGUSON: Sir?
YR. THO!\PSON: About fifty years.
$1R. FERGUSON: Fifty years; about all your life?
MR. THOMPSON: Yes, sir.
MR. FEBGUSON: How long have you worked at E. VT.
Godwin's?
MR. THOMPSON: Off and on since '42.
IIR. FERGUSON: Do you know Mr. Anderson, the gentleman
I just starteb - just stopped asking questions?
MR. THOIQSON: Yes, sir.
MR. FSRGUSON: HOT? long have you known him?
MR. THOt@SON: A pretty good while.
MR. FERGUSON: And you say you have never read anythin'j
about these cases and never heard anything about it?
BIR. THOI.IPSON: NO, sir.
MR. FERGUSON: Sir?
MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURTREPORTER WUITEVILLE. NORTU CAROLINA 2847s
, ____---_ . ."__., . ._..._ . . .. - ,- ...... -.-.-..-_.. --....-.. ..-I---..-.--. .r ~.... -- *.. . %I?. TIIOYPSOrJ: No, sir.
TIP. FESCTJSOM: You've never heard an;rhor?y say an:rt\j.q~ ibout it?
H?. TI-IQTIPSOV: No, sir. ' . r4R. FERGUSON: Now, Mr. Thonpson, I've told you th.zt
:he dnfendants were charqed with certain offenses, and you 17ill recall what they were. The mere fact that a person is int?ict?3 for a criminal offense, charged with a criminal offense, is not avidence of guilt; it doesn't mean th-lt they are guilty of anything; it just rreans that they've been charged and they have to stand trial on the charges. ?:OVT, let me just ask vo11 if you feel that the mere fact that these defendants have boan charged means to you they must be guilty of something elsev~ise t3ev wouldn't be charged?
24.R. TIIOYPSON: Say what? I don't understand your
quos tion. A.
MR. FERGUSON: Yes, sir. I'm going to repeat it for +. you. Do you feel like the mere fact that these defendants, these persons on trial here, 'lave hnen charged with these offenses, does that fact alone mean to you they must be yuilty of something, or will you be able to presume them innocent of ... the offenses?
- MR. TI-IOVPSON: I don't knot? unless I heard both sicles
-. - - --- of it. -. 511 1 iqp.. TXO?PSO:?: I ' d have to hsilr both sides of it.
n~.?.. FY?.GUSO:I: You'd have to hear hoth sides of it.
17-11, you knoy.?, :lr. Thorpson, in a cririnal case a person is
not required to present any evidence; a ?erson ~d~ois chamal?
with an offense doesn't have to present any evidcnce if he
chooses not to; he doesn't have to testify. !lould you holl it
apainst the persons on trial here if they didn't testify?
1111. THO~SON: 170, sir. x MR. FERGUSON: Sir?
1.m. THOIIPSOM: NO, sir. I
FIR. FERGUSON: Ye will excuse both of you gnntler?n.
CLCNC: Harry Rrant >farshall (Y7IIITC) . Robert Alfr?rl Jonkheer (WHITE).
1IR. FCRGUSOT?: TW. :larsha11 and ?Ir. Jonkheer, is it? MR. JONKHEER: Jonkheer. 1
FIR. FERGUSO??: ?4r. Jonkheer. .Were , both of you n~ntle-
). men able to hear me explain what the charges were involved in
. .. .. 9' . . . - this case? .: it:.t . e . . ... I (NO RESPONSES HEARD. ) 1 MR. FEBGUSON: And are you now able to see all of -. ... - - . the defendants involved in the case?
MR. JOMI MR. FERGUSOM: Do YOU know any of the defendants, ""7 of the persons on trial here? 1 THE COURT: You will have to respond orally, please, I MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTER i W~~TEVILLE.NORTH CAROLINA ze472 512 1 so the reporter can hear you. 2 MR. JC)??I MS. FLRGUSO:?: DO YOU know any of the laytryers invol.r+d 6 3 q in the case? ! J0MI:ITCER: ?lot personally. 3 5 ;* 6 Em. FERGUSON: Have you seen any of then before to i 7 your knowledqe? 8 MR. JOMKNEER: Yes, sir. s 9 MR. FERGCISOP?: l?hich one? ( 10 MR. JOMKIiEBR: The one on the end here. DO YOU recall v~hereyou sat? him? 11 !I?. FERGIJSOIJ: . L 12 MR. JONKIIEER: 9iaht here in court about a year avo. 13 MR. FERGIJSON: About ayear ago; were you a witness at that time? - MR. JONICIIEER: NO, sirI I was accused. "- MR. FERGUSON: You haven't had occasion to see hia since then, have you? MR. JONIZHEER: No, sir. MR. FERGUSOH: Do YOU knov any of tile laxjlers involvoA blr . :.larshall? I MR. T.mSEIALL: NO, I don't. MR. FERGUSON: Let me just ask you this, Mr. Jonkheer: court Would anything about your experience in/here cause you any feel- ings about the case or influence your verdict in this case one I way or the other? MRS. SYLVIA P. EDWARDS OrncIAL SurCRloR COURTRICORTLR WHITEVILLE. NORTH CAROLINA 2847a . 513 EJO s ir 1 :.iq. JO'IISIEER: , . IIR. FnRGUSO?I: I30 either one of yon know anythinq 3t ? 2 I 3 all about this case? 4 im. JOEJXREER: Not until I co~einto coort today. 5 FIR. ~E~GuSOV:*IT. ?larshall? 6 MR. ~RsEALL: Mothin7 only what was on tnlovisicn 7 MR. FFSUSON: YOU have seen sonethinq on television 8 about it? $ 9 MR. MARBIIALL: Everytime I turned it on there was 10 something. Eave YOU 11 pfR. FERGUSO~J: talked a%ut it trith an:rbo::-r? 12 EIR; IIRRSIIALL: 1.10. They done all the talking when 13 it come through the television. Well, sir, has anytbino you sav~-- 113s 14 MR. FERGUSON: 15 anything you've seen on T.V. or anythinq you heard on T.V. abcut 16 it caused you to have some opinion about it or some feeling 17 about the case? 18 MR. MARSI3ALL: No. Does it bother you that everytir?~YOU 19 FIR. FERGUS0;J: 20 turn the T.V. on there is something on about this? I I MR. NO. I don't have to listen to it. i 21 FmXSIlhLL: 22 have them turn it off. llave you seen or heard any- 23 MR. FERGUSON: Yes, sir. - --- 24 thing about it :on T.V., 1%. Jonkheer? 25 ------MR. JONKIIRCR: I've seen it on television. I didn't - - - .-- .-- 1- _ .--- - i MRS SYLVIA P. EDWARDS OFFICIAL SupLnlO~COURT REPORTER i .WHITEV~LE.NORTH -CAROLINA-2841_P ! .__-, I 1 pay -much interest to it. 514 2 rC. FERGUSOP.1: VIell , do either one of you know of any 3 reason now why you couldn't be completely fair about the case? 4 K9. JOIJRHEER: No. 5 MR. FERGUSON: Do you have any feelings about the 6 guilt or innocence of the defendants at this tine? 7 MARSFALL: No. 8 MR. JONKHEER: I believe they are innocent until pro'ven guilty, MR. FERGUSON: Yes, sir. You would require the state to prove their guilt before you found then guilty, is that correct? MR. JOMHHEER: Yes, sir. MR. FERGUSON: All right. I'm going to ask you some individual questions. Now, I want to ask you a fe~uquestions, Xr. Marshall. Row lonq have you been a resident of the county? . MR. PIARSHALL: Off and on, 59 years; born and raised here.- MR. FERGUSON: And have you lived sonswhere other t3an here during that period of time? r MR. MARSHALL: I spent 22 years in the Navy away fr0.l .- here, MR. FERGUSON: Yes, sir. Did you retire from the navy? MR. &IARSHALL: I did. MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURTRECORTL~ WHITEVILIE. NORTH CAROLINA 2B47P I 1 MR. FERGUSOIJ: Are you engarled in any employment nov? E ?4R. F.l?BSIIALL: None. Gardeninq. That's full-tine. I 3 I1 MR. FFRGUS0N:- Farming full-time? 1 MR. 1.mRSHALL: That's right. I4R. FERGUSON: Are you married, sir? 3 :4R. MARSHALL: Yes. r4R. FERGUSON: Do you have children? MR. lt4RSIIALL: One foster child. MR. - FERGUSOH: Now, Mr. ?4arshall, when you heard a11 of the things you heard on T.V. or saw whatever you did, did you form any- opinion then about the defendants or ahout the . . persons? ... - . .._ MR. PlAXSHALL: No. 4. MR. FERGUSON: Do you feel that the mere fact that these persons are &arced r-lith. . these ozfenses is some evidence that they are guilty of something? Mfi. NARSIIALL: Well, they are not guilty until thev :- . - - are proven guilty. ' - & MR. EERGUSON: In other words, then, you understand that the mere fact that aperson is charged with an offense is . . not any evidence of his guilt? MR. MARSIIALL: (NO ANSVER HEARD. ) - MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURT REPORTER WHITLVILLE. NORTH CAROLINA 28472 1 MR. FERGUSQM: And s person who is on trial is not 51( 2 II required to prove his innocence, you understand that? ?.TI?. FXRGUSON: Do you believe in tkt :?rinci??le? *. . 74p. FmP,SF:\LL: Veil, it don't nake F.IIC:I ;Iiffercncn 11 whether I helieveil it or not; it's t?le law. II FIR. FERGUSON: How is that? I 11 FIR. PmRSHALL: I said, it don't make much differcnc- I whgther I believed it or not; it's the law. 1IR. FERGUSON: Fell, if 6uring the trial of this c.?se the defznc?ants, any of then or all of then, said that -- StrF?:: l1 II 12 llthat. If any of the defendants decides not to testify, nat tn I present evidence, would you hold that ayainst them? VR . ?T4RSPP\LL : NO. MR. FERGUSON: Would you feel they were hiding SOi-.Z- 16 11 thing from you that you ought to know? MR. r.IRRSIL%LL: Well, if they're instructed not to testify, that's procedure. YR. FCRGUSQN: If they did testify, would you tend to disbelieve what they said just because they are the persons charged? MR. MARSHALL: No. MR. FERGUSON: Now, you've heard me say there are I eleven persons on trial here? MR. PmRSHALL: hat' s right. MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTER WHITEVILLE, NORTH CAROLINA 26479 MR. FERGUSON: Does the fact that there are eleven 517 I (C 2 Tersons on trial mean to you that sone of them rust be guilt-,? 3 of something elsewise that many people wouldn't he charged vith 4 similar offenses? - 5 MR. MARSHALL: 170. It doesn't nean that. 6 MR. FCRGUSON: And you don't feel that way about it? 7 XR. IIARSFXL: I don't. 8 !4R. FERGUSOM: W. Xars5al1, do you belong to any 9 cl6bs or organizations in the community? MR. MARSHALL: Fleet 3eserve Association. FIR. FERGUSON: What? 12 PIR. EIARSHALL: Fleet Reserve ~ssociation. 13 . MR. FERGUSON: Fleet -- !mat is that? I" 14 MR. E-IARSWLL: That! s a military organization, a cll-lb 15 in Jacksonville. 16 XR. FERGUSON: Yes, sir. And you've been a member ,A 17 of that since you got out the service? 18 MR. MARSHALL: Since before. 19 MR. FERGUSON: Did you ever have any kind of police 20 duties when you were in the service? 21 MR. MARSEIALL: Shore I?atrol. 22 MR. FERGUSON: Did you ever have occasion to partici- 23 pate in any court marshals - courts marshal? 24 MR. MARSHALL: No. . - 25 MR. FERGUSOM: nave you ever served on a jury before? MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIORCOURT REPORTER WHITLVILLE. NORTH CAROLINA 28473. . -...._.--_ -- -.------MR. flRRSI7ALL: Yes. 513 MR. FERGUSOF?: Was that a jury that tried criminal r . MR. FCRGIJSON: You never served on a criminal jur:~? 11 MR. IlARSIIALL: Never did. I II MR. FERGUSOM: Has any member of your fEinIi.1~or ~1.9~2I 8 llrclative ever been a member 'of a police force or any kind of la$; enforcement agency? MR. MARSHALL: Not as I know of. Not in my time. I YR. FERGUSON: Now, Yr. Yarshall, the defendants ar.? I members of the First African Congregation of the Plack :lessin!>. Have you ever head of that church? That's a church in Hilnin9- ton, North Carolina? I1 MR. ?4ARSHALL: Yes. I've heard of it. MR. FERGUSON: Did you hear about that on the news? MR. MARSHALL: On television. MR. FERGUSOI?: On television. Do you have any feeliq about persons who might he members of that church? FIR. 1-IARSIIALT,: No. I didn' t know anything about it. FIR. FERGUSON: Well, was there anything that you heard on T.V. or saw on the T.V. that would cause you to hold I anything against persons who belonged to that church? FIR. IQRSHALL: No. MR. FCRGUSON: Now, Reverend Chavis is pastor of that MRS. SYLVIA P. EDWARDS OCCICIAL SUPERIOR COURT REPORTER WHITEVILLE, NORTH CAROLINA 2847P 519 1 church. 2 11R. !IARSlIALL: So I've henrri. 3 14R. FE?.GUSON: Vlould you hold that aqainst hir.~? 4 PIP,. IIAP,SIIP.LL : XO . 5 EIR. FC2GUST)V: Feveren9 Chavis is also a field rsnrr?- 6 sentative for the North Carolina Comission on Emial ust tic-. 7 DO you have-any feelings against that orqanization? 8 MR. YARSHALL: Ye's a what? # 9 EIR. FERGUSON: He's a field representative for the That's 10 North Carolina-Virginia Comission on Racial Justice. 11 an organiz~tionthat's suoaosed to try7 to ~etc~rrocte? rilci.+l 12 discrimination an? racial injustices apinst blac!: ?ersons. 13 ??auld his working for that orqanization cause you to hold that 14 11 against hi'?? 1 15 31R. 14RRSI;ALL : 110 16 MR. FEI?GUSON: FIT. :?ars;~all,have you ever helonger? d 17 to any organization urhic!~ has as one of its tenets the suprenec.7 \ 18 of the white race over the black race? 19 E.IR. FLYRSIIALL : ??ever have. 20 :4R. FERGUSOY: Do you believe in the equalit'l of t5a 21 races? *. . .. 22 MR. IARSIIALL: Yes. We've alvays oot along in Pender . . . .- 23 county that I know of. . - 24 MR. FERGUSON: Do YOU believe that -- I mean, in your -. . - _ ----. . view black persons are equal td white Feesons :and &ite :persons < 25 i - -- . - MKS. "SYLVIA P. EDWARDS 'OFFICIALSUPERIOR COURTREPORTER -'WHITEV~L~E.NORTH CAROLINA 28479 --. . re equal to black parsons, is that riqht? !.I€?. EILI\PSFIP'Lfi: T5at's riq5t. !qetve slvrays r~otalonr.. black MR. FE9GUSOI.J:. Do you have any/menhers in the Fleet eserve over in Jacksonville? MR. FE3GUSOP.I: ?TOW, is there anythin? in your mind iqht now, 1.W. 14arshal1, that you know of u~hichmight influence our verdict in this case other than the evidence that you he~r s ram the witness stand: do you know of anything that would in- 'luence your verdict? 14R. 1-LL9SIIALL: "one whatsoever. MR. BERGUSON: I!r. Jonk%eer..... MR. JONRHEER: Yes, sir. MR. FCIIGUSOfT: .. . ..hop? lonff have you- been a resi.3cnt YR. JONRHEER: Going on a~proximately23 ysars. MR. FEEDUSON: IS that all of your life? MR. JONKHEER: No, sir. I was'born .-in Holland. FIR. FERGUSON: Born in...... - MR. JONRHCER: llolland . . . MR. FERGUSON: Born in Holland? . . i *. a.. ' MR. JOP7I;REER: Yes, sir. MR. FERGUSON: How old are you now, Mr. Jonkheer? MR. JONKfIEER: Twenty-seven. MR. FERGUSON: Are you married, sir? MRS. SYLVIA P. EDWARDS OrrlClAL SUPERIOR COURT REPORTER WHITEVILLE, NORTH CAROLINA 2847P 521 1 MR. JOPII MR.. JOITSAEER: I'n a machinist at Corninq Glass Works. MR. FERGUSOPI: A machinist at Corning Glass V7orks; whgre is that? MR. JONKHEER: In Wilrnington. MR. FERGUSON: Hovr long have you worked in Wilninnton? 1 12 !I MR. - JON1:IIEER: At Corning? I MR. FERGUSON: Yes, sir. MR. Since they started; six years , six and. a half. Em. FERGUSON: SO, you were working there at Corning then in February, of 1971? .. . MR. JONKHEER: Yes, sir. MR. FERSUSON : Do you belong to any clubs or organiza- I tions here in the community? 1 I&?. JONKHEER:'. - No, sir. !4R. FERGUSOH: Plow, I'm sorry; did I understand you I to say that you had heard or read something about these cases? MR. JONI every now and then. MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTER WHITLVILLE. NORTH CAROLINA 2847s ------any yourself 52: 1 FIR. FERGUSO7I: Have you talked about them 2' XR. JOVK:Ir;ER: A little. IZn. PE~CUSOII: Have you @::pressed any opinion ahollt 4 the case to anyone? 8. 5 '4~.JO~JI:BEER: ?%?ell,I didn't knoT,q-- YOU mean this 6 particular instance here? 7 MR. FEP,GUSON: Yes, sir. s 9 MR. FERGUSON: Do you presently hold any opinion abo!lt ( 10 these cases here? 11 fdR . JOMKH3EX : 1\70 . 12 MR. FERGUSOEI: !Tow, were you aware of racial tension I 13 or racial demonstrations or racial protests in Hilmington duriny ( i 14 the month of February, 1971? - -- .'--A* i - JONRHEER: '71? :;- 15 MR. February, of . .--- i- fiR. FERGUSON: Yes, sir. That's during the time these .-. 16 - 4. ! - ., 17 incidents here are supposed to have happened. ] .i ..a. -- - * . - MR. JONKHEER: Well, working in Tlilmington like I do, [ --. , ' ' 18 I -. $4 - .- - . .-- - 19 /II'm mare of everytine when they have trouble dom there ~d~en C -> - > - - -. , 20 word is spread around the plant. ,, . ) - . .-L 21 MR. FERGUSOR: Yes, sir. Do you recall hearing the i 4 : -. 22 11 names of any of tbe defendants in connection with anything you 3 - Y 23 heard or read about these cases? 24 MR. JONKFIEER: NO, sir. -. f Now, this is a criminal trial, as you L 25 FIR. FERGUSON: 1i -i MRS. SYLVIA P. EDWARDS 1 Orrlc~~~SUPERIOR COURT REPORTER 1 WHITLVILLE, NORTH CAROLINA 28479 J r =- understand, and all of the defendants have pleaded not guilty. 523 .I 2- DO you feel that the mere fact t'lat thcy have been cnargeu I-. anv evidence they are guilty of some thin^? FIR. FERGUSOM: In other words, pou can presume the7 to be innocent right now, is that correct? MR. JONKBEBR: Are you talking about the incident of the grocery store? .r MR. FERGUSON: Yes, sir. :,!Re JOIJKHEER: NO. As far as I'm concerned, they are all innocent. MR; FERGUSON: Mow, you would be able to presuxe thsm all innocent of all of the charges against then in this trial? Iul. JONKEEER: Right. YR. FERGUSON: Is there anything you knov of or havo heard about any of the defendants on trial which you night hold against them whatsoever at all? I4R, JOMKIIEER: 110. rlR. FERGUSON: If they should exercise their right . .-. .- . 21 to remain silent and not take the witness stand and not testify 4 22 in this case, would you hold that against them? I 23 11 MR. JOMXMEER: No. . .. MR. FERGUSON: You understand, then, that it's the 25 11 state's duty to prove its case? i: t - MRS. SYLVIA P. EDWARDS i Orrlcl~~SUPERIOR COURT RLPORTLR ' WHITEVILLE. NOR1I4 CAROLINA 2847P , "-,I 2 YY. FXRGUSON: And the defendants have a rirrht to re- 3 main silent if they choose to? 4 1. J?J: Right. 5 '1R. FFRGIJS911: And that's not to be held a~ainstt.9~~~7 6 1. JOE: ('10 N!S?TE TTEAPg .) 7 MR. FERGUSON: ?low, do you have any close frienAs rr 8 relatives who are members of any law enforceennt aaenq? s 9 MX. JOIXEIEER: No. 10 Ill?. FERGUSOIT: Have you, yourself, ever been assocj.atei 11 with or connected with a law enforcement agenc~? 12 f lR . JO'LJI 13 MR. FERGUSON: Have you ever served on a jury befor?? 14 :IR. JONKIIEE?: No. 15 MR. FERGUSOE?: If police officers should he called as 16 critnesses for the state in the trial of this case, would yon 17 tend to believe what they had to say nore so than ths; of otlrer 18 witnesses sinply because they are pollce officers? .l .- 19 MR. JOVKEIEER: No. 20 MR. FCRGUSDM: YOU would be able to look at the avi- 21 dence and testimony of all persons in this case\. and base your ." ... 22 verdict on the evidence as it comes out and not favor particular 23 witnesses over others because of their profession? 24 MR. JONKHEER: Because of what? 25 P1R. FERGUSON: Because of their profession? MRS. SYLVIA P EDWARDS Orrlclr~SUPE~IOR COURT REPORTER WHITEVILLE. NORTH CAROLINA 2847P 1 PIR. JOYKHEER: No. 525 1IR. FERGUSOPI: Now, 'Ir. Jonkheer, I've asked you S0"C I questions; of co,urse, I can't ever ask you everythin?. I just 4 want to know if you know of any reason which you 2a;r wish to 5 tell me about or not wish to tell ~2 about - X'F. not sslcinff "0'1 6 11 what your reason niqht he - why you feel you could not sit as I 11 a juror in this case and be completely fair, open-minded,and impartial as a juror? s MR. JONKHEER: NO, I don't know of any reason. .MR. FERGUSO??: And if seated on the jury, you woul3 I make every effort to be fair and open-minded, is that correct? I :IR . JOPJICEIEER : Yes. IIR. FERGUSOX: Now, you know that ten of the defen- dants are black and one of the defendants is white? MR. JONKHEER: Right, I MR. FERGUSON: Would you hold that against either cf I them or any of them? 1-IR. JONKHEER: NO 1 MR. FERGUSON: Have you ever heard of the First I African Church of the - First African Congregation of the Black E.Iessiah, a church in Nilmington? MR. JONRHEER: I've heard talk about it out at the plant. People said there was a church somevhee in town; I don't know where it is, if it's the one you are pertaining to. I MR. FERGUSON: Do you have feelings about persons who I MRS. SYLVIA P. EDWARDS OFFICIAL SU~Ln101COURT REPORTER WHITLVILLE. NORTH CAROLINA P047P . . miyht belonq to that church? 526 - $1 2 YR. JFIKTITCR: No. I don't have a thing in the world against religion. XR. FXRSTJSON: You feel that a gerson is free to fol- low his ovm conscience in natters of religion, is that correct? I!?. JOIJr:I!EC?: Right. qq. FEP.GIISO!I : Mr. 'rarshall , ?+?evill excuse 'you, sir. THE COURT: Apyroach the bench a minute, gentlemen. I (ALL COUXSEL CONFER :\?IT!! TEF COUT AT THE RENCII. ) You may call another in the box. CLERK: V!illiafi T. Nixon (BLACK) . HR. FERGUSON: Your name is Nillia~.T. Nixon, sir? MR. NIXON: That's correct. I1R. FERGUSOY: Were you able to hear ze state ??hat the char7es are aqainst the defendants? MR. NIXOFl: Yes, sir. MR. FERGUSON: Did you also hear me state they pleaded not guhlty to those charqes? ?IR. NIX9M: Yes, sir. MR. FERGUSON: And you are able to see 211 of the defendants now, are you not? MR. NIXOM: Yes, sir. MR. FERGUSON: Do you know any of the defendants? MR. NIXON : ?lone. MR. FERGUSON: DO you know any of the laruyers, incl~tdi MRS. SYLVIA P. EDWARDS OFFICIAL SUPLRIOR COURT RCPORTER WHITEVILLE. NORTH CAROLINA 28472 527 1 njrself , Mr. Dallance, and Mr. John llarmon? 2 ilR. TIIXOPT: No, I don't. 3 MR. FERGUSOIJ: Do you know anythin3 at all about 4 these cases, TIr. :?ixon? 5 MR. NIXOW: No. 6 14B. FEIIGUSOV: Nov long have you been a rfsilont pF 7 Pender County? 1 I MR. NIXON: Off and on, 28 years. ! 8 1 I # 1. 9 MR. FERGUSON: Twenty-eight years? f 4' MR. NIXOPI: Yes. i 10 1 11 MR. FERGUSON: Is that all ofyour life? I 12 Em. NIXON: That's all of my life. 1 13 MR. FERGUSOP?: Are you married, sir? i r 14 MR. EJIXON: Yes, sir. 3 15 I..IX. FERGUSON: And you have children? ?. 16 FR. NIXON: Two. & 1 17 MR. FE2GUSON: What are their ages? 18 MR. NIXON: Ten and five. It< ' . I' i 19 IIR. FERGUSOEJ: Ten and five? 1 20 I4R. NIXON: Yes. f 21 MR. FERGUSON: And what kind of employment are yolJ 22 engaged in? 23 MR. NISOM: Auto mechanic. 24 MR. PERGUSON: Auto mechanic; do you work for yourself 25 or do you work for some company? -1 MRS. SYLVIA P. EDWARDS i OFFICIALSUPERIOR COURT REPORTER i WHITLVILLE. NORTH CAROLINA 2847~ i - - _-_ __ _-_-______^_*_ +- A- I. FIR. NIXOF?: I work for a com2any. FIR. FE?CUSC)T!: Excuse me? I MIZ. 11IXOX: I work for a company. I :\I?.FERGUSON: What comFany is that? MR. NIXO??: That's Tony's Auto Supply. II3. FERGUSOII : Tony ' s 3uto Suppllr? 1 MR. NIXOPJ : Tony ' s Auto Supply, wholesale supply, here in Eurgaw. Tong ' s d THE COURT: /V?holesale supply. MR. FE2GUSON: Oh, I'm sorry; wholesale supply. Lat I me ask you to speak just a little hit louder so that we can hear everything you say. 1 MR. NIXOY: All right. I MR. PXRCUBON: nave you heard anybody discussinn these cases? , .*' MR. NIXOTI: NO. MR. FERGUSON: DO you 'recall seeing any news accounts I of them or T.V. flashes oi then or. anything at all? IIR. NIXON: NO. MR. FERGUSON: Do you feel that you would be able to - 4 ?resume the defendants innocent of the charges against then? XR. NIXON: Yes. MR. FERGUSON: You understand, then, that the mere fact that a person is charged with an offense does not mean that he is guilty of any crime or that he has committed any 25 I1 - MRS. SYLVIA P. EDWARDS OFFlCIAL SUPERIOR COURT REPORTER NORTH CAROLINA 28472 < WHITEVILLE. 4 I i *------. 1 II; offense? FIR. N1:-:OPT : Yes C 2 I . 3 MR. FERGUSON:. The state has the duty and ohliqatio? 4 of provincj ouilt beyond a rcasona5la 8ou5tI and if the stat? 5 doesn't do that they are entitled to a vnrdict of not "uiltg, 6 do you understand that? 11 MR. NIXON: Yes. I II MR..FERGUSON: Have you ever heard of the First I 9 African Congregational Church of the Black Kessiah? 10 FIR. NIXON: No. MR. FERGUSON: '~heseincidents are allene? to have I 12 11 occurr~din February. February the 5th and 6th, 1971, in I 13 Wilrnington. At that time there was some protest, racial 14 activities, going on in the community. Sons of the defendqntz 15 or all of them may be identified with those racial protests 16 // or what have you. ?~?ouldyou hold it against then if they I 17 vere involved in racial protests against discrLninntion against -" . 18 black persons? . . 19 MR. NIXOV: No. 20 XR. FERGUSON: Have you or any member of your famil-: 21 ever been connected with a law enforcement agency, Mr. Nixon? 22 MR. NIXON: I have. 23 MR. FERGUSON: laen was that? - - - - 'IR. NIXON: 1967 24- In 1962 until in -the United States 25 Ai~:Eorce, -- - -.. ------" ---- . ------f ------.-- . - I MPSf SYLVIA P. EDWARDS OF_FICIALS$PCRIOR COURT REPORTER WFLTLVILL€. NORTU CAROLINA 2847P 1 PIR. FERGUSON: Sir? 530 2 MR. 1114011: In the United States Air Force fron 1962 3 to 1967, I was an :.I.P. 4 IR. FERSUSOE!: llave you ever had any connectiol wit'l a law enforcer~entagency in civilian lice? YR.. NIXQN: No. NR; FEEGUSOEJ: Now, bras the M.P. an assigned duty or an elective duty on your part? J MR. NIXON: Assigned. MR. FERGUSON: Is there anything about your experience rrith the Military Police which vould cause you to be favorayil? 12 !I to the state in the trial of a criminal case? I MR. NIXON: No. FIR. FE3GUSO?J: Yould you feel that police officers who might testify would be more believeable witnesses than lny I vritnesses just because they are police officers? I 17 (.. MR. NIXON: No. 18 MR. FERGUSON: You would be able to listen to what they had to say and weigh that along with all the other evidence in the case and make up your mind on that basis, is that correct MR. NIXON: Yes. I I MR. PBRGUSON: Now, you don't believe in guilt by I probability, do you: that is, if .a person probably did something I he is guilqof it? Do you believe in guilt beyond a reasonable doubt before you could convict them? 25 11 - - MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURT RECORTCR WHITILVILLE, NORTH CAROLINA 2847s .-- 1 MR. NIXON: Repeat the question. 531 2 NR. F'I".Gu~.!')N: Pkll, let me ernlain what I mean. T?lr state in a criminal case is required to prove its case beyond a reasonable douht before a person is convicted. That neans 11 the state is obligated to do more than show that someone committed an offense; they have to show the person actu+ll!r -'.id it, and to show that beyond a reasonable doubt. I'm sayin? that if you were a juror and the state shoved that somebody probably comitted an offense - showed that one of the defen- dants probably con~ittedan offense - if you weren't convince< beyond a reasonable doubt that that dcfenzant in fact committed ! 13 offense? iI f 14 31R. NIXOM: Mot guilty. I 1 15 HI?. FE3GUSOM: In the course of the trial of this a" I *_ 8. f 16 case, Yr. Nixon, the state may present witnesses vrho are bla-ck -7 . i . . 17 to testify against the defendants, ten of whom are black. Would I(! ,. -' 18. you he more likely to believe a witnes: for the state oim~ly , %' 19 bccause he's black thin you would if he were somethinq else? i 20 PIR. NIXON: No. P?. i v. 21 FIR. FERGUSOI?: You would be able to vreiqh his testivon'~ 1 - 22 along with all the other evidence in the case? 23 MR. NIXOII: Yes. Ii 24 MR. FERGUSON: MOIV, if the state should fail to prove i f 25 its case beyond a reasonable doubt, if they don't prove guilt I - 1 i MRS. SYLVIA P. EDWARDS OFFICIAL SUPLRIO~COURT REPORTLll WHITEVILLE. NORTH CAROLINA ZB47P i1 -,. ---...... c.- M -.. ...I.-,-.- "CI'..LVI-Y-- .*(r-.--L-5 ," :c,.w"n-.- I hsyond a reasonable doubt, and you felt like a verdict of not nuilty aas justified in this case, vronld you finrl it enharra.;cin or yuould you he afraid for any reason t~ render a vcrdict of not quilty? MP,. NIxorI: NO. TIP,. FSRGUSOS: DO you feel that oou t~o~~ld.%n a3lc tn na!;e up your obm mind about th.e evidence in this case? !4R. MIXON: Yes. f HR. FERGUSON: Mow, do you knot? of any reason whatso- Ever, Yr. Nixon, why you could not sit as a juror and be cor- ?letsly fair and i~~artialin the trial of this CPS~? MR.- NIXOPT: NO, 1 don't. I MR. FERGUSOPI: It has been a little while since I I talked to some of you. Is there anythinrj that has occurreA I during my questioning+, of later jurors which has influenced anx, person on the panel? (NO PCESPONSE.) IIR. PERGUSOI?: Is there any ?ason rho now feels t!Iere is any reason vrhy he or she could not sit as a juror and be .,. I completely fair and im?artial? (NO RESPONSE,) MR. FERGUSOIJ: he defendants are satisfied, your Honor. THE COURT: All right. Back to the state. I I1X. STROUD: May we approach the bench, your Honor? MRS. SYLVIA P. EDWARDS OFFICIALSUPLRIOR COURT RCPOITCR WHITEVILLE. NORTH CAROLINA 28473 1 TIIT COURT: Yes, sir. 533 (C'IUrJSEI, COI?FER !f71TT! TIlE COURT AT TEE nEYC??.) THE COURT: Ladies and gentlemen, I thouqht zqe would 4 /lo to five-thirtr, hut we will stop for the day. Those of yo11 5 11 on the jury panel vrho have been here are familiar with the I I/ adnonitions I have given you. Those 3E you (.tho ~IVCCOXTIP to:??.-* 7 for the first time, please observe these admonitions: you Co 8 not yet know whether you will be selected to serve on this jury 9 I/or hot. Please do not seek io ascertain information about - 10 11 these cases. Do not tall: to other people ahout then or in any I way endeavor to inform yourself about them other than what you l1 I/ 12 1 know already or what you hear in the court roon. Iteep an onsn I I I . ;.,..l3 11 mind so that in the event you are selected as a juror you ruill I 14 11 be able to perform your duty in a fair and honest and unbiasec? 15 and un2rejudiced way. Do not permit other people to talk to 16 you about the cases either. Those who have been exanined. . hy 17 the attorneys today or this afternoon and have been excused (, . -. .% 18 need not return tomorrow morning; all cthers'must return. All ,, - right, !4r. Sheriff , take a recess until nine-thirt~r tonorrcu l9 II 20 1) norning. I ... C I JUNE 9, 1972: . ~+ . (THE DEFENDANTS IN CUSTODY TAKE TIICIR SEATS IN OPEN . 23 11 COURT. XR. RICHARD STANLEY IS NOT PRESENT, NOR IS MR. BALLAiiI: I . MRS. SYLVIA P. EDWARDS OrrrclAL SuPrRlon COURT REPORTER WHITEVILLE. NORTH CAROLINA 28471 MR. FERGUSON: If your Honor please, before beginning :his morning I have a motion and affidavit I would like to file qith the Court for the Court's consideration. (MR. FERGUSON HANDS PAPER-WRITING TO THE COURT AND TO CHE SOLICITOR. ) THE COURT: Very well. (READS PAPER-WRITING SILENTLY. Ue you ready? I didn't know whether you were waiting on the Zourt or not. 3 MR. STROUD: I was still reading the motion, your !Ionor. (FINISHES READING.) Your Honor, may we approach the oench? THE COURT: Yes, sir. (COUNSEL CONFER WITH THE COURT AT THE BENCH.) MR. STROUD: Good morning, ladies and gentlemen. We have come to a point now where I am being given an additional ~pportunityto examine nine of the twelve of you, but if I recall I examined jurors - I examined some of you before, and then the defendants' attorneys, of the original twelve jurors that I was satisfied with. There are three left, so that means that I will be examining and questioning today the nine of you whom I have not had an opportunity to talk with before. Now, I know that you've been -- Well, first of all even though I have been introduced, let me now for those of you who came on the jury since I examined the others make you aware of my - - - - . - - - -. - - function in the case. I am J. Stroud. ' f 'am an Assistant ' MRS.~SYLVIA'P. EDWARDS -OFFICIAU SUPERIORCOURT REPORTER "~U~TEVILLE.NORTH CAROLINA-28472 Solicitor of this Judicial District, which includes Pender and 535 New Hanover. I will be prosecuting in this case for and on behalf of the State of North Carolina. With that in mind and with that brief introduction, I would like to go ahead and make some additional comments. First of all, I know that you have been asked many, many questions, and you have answered many, many questions. There are yet to be many, many questions and many, many answers; so, if you will indulge me during this time we %ill have together today and receive my questions as openly and frankly as you can and respond to them as openly and frankly as you can, I will appreciate it. So, we will be spending some time together today, so you might as well get used to my face and get used to my questions so that we can have an open and frank discussion, because this is a very critical stage of the trial; and, of course, we are dealing with very serious crimes, and so, I do beg your indulgence in that respect. So, be patient with me if you will, and if I tend to ask some questions that appear to be repetitious, please Lmlt in any way be of- fended by it or be offended by any of my questions, because we are all here together to see that justice is to be served. That is our whole function and purpose to be here, all of us, and I think we need to have an open and frank discussion to- gether. So, I know that you understand at this point the rea- sons for asking the questions that have just been asked and answered; it is to determine and to achieve as best we can, all MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURT REPORTER WHITEVILLE. NORTH CAROLINA 28479 1 of us working together, twelve people who can sit in this box, ,. --i 2 hear the evidence in this case, and render a fair and impartial 3 lldecision, fair to all parties, fair to the State of North 4 IICarolina and fair to all of the defendants. And so, with the I 5 II ends of justice in mind, of course, this is the reason for the I 6 /lquestiona that are being asked you; and I know some of them I 7 appear to be quite personal, but I assure you - and I am sure i - 8 you know at this time - that it is a basic necessity for these .r . 9 questions, Now, of course, I am sure you are also aware at ( 10 this time of the necessity for being open and frank and honest 11 llin your answers. I am not in any way questioning the honesty I 1 12 II of any of yo;, so don't take it personally, but I do want to I remind you that it is of the utmost importance that you express very your views and express your attitudes very openly and/frankly a with me. Of course, the business of getting/qualified jury is at best a very long and tedious process, With patience we will prevail, I hope. Now, any time during my questioning..,.. THE COURT: Please talk a little louder, Mr. Stroud. MR. STROUD: Yes, sir. At any time during my ques- 20 11 tions, whether I'm questioning individually or as a group, if I 21 something comes into your mind that you feel that we all should 22 be aware of with regard to your position and your attitude and 23 your feeling about certain things even though I might not be 24 questioning you at that particular time, if you will raise a b 25 hand and express to me this attitude or feeling that you have. C MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURTREPORTER WHITLVILLE. NORTH CAROLINA 28471 -- - SO, please don't be hesitant at any time 1, give some indication to me by raising your hand or just speaking up to let me know that you have a particular attitude about something that might in any way influence your decision in these cases. Now, as you know, and this was reviewed for you yesterday by counsel for defendants, there are eleven defendants on trial at this time in this court room. Ten of those defendants happen to be black and one of those defendants happens to be white. They ar; each charged with at least two offenses. Now, all of the defendants that are present and on trial here have been charged in bills of indictment that were returned by the Mew Hanover County Grand Jury, have been charged in those bills of indictment with two conspiracies. All of these defendants he been so charged, all eleven of them, The two conspiracies are these: First, conspiracy or conspiracies or conspiring to burn Mike's Grocery Store on Sixth Street, in Wilmington, North Carolina, with incendiary devices, to-wit, fire bombs or gas bombs. All of the defendants are also charged in bills of indictment returned by the New Hanover Grand Jury with conspiring to assault emergency personnel, police officers and firemen, in the area of Mike's Grocery Store on Sixth Street with incendiarl - devices, fire bombs or gas bombs, as you please. Pardon me; - let me- retract that; I made a mistake, and I hope I don't make ------a-ny more. _ They we-charged. -with .conspiring to assault emergencl ------.- - .-"-...------. __ -.._ ---- personnel, police officers and .firemen, with deadly -weappns.or -.-. --..- -.. --- - . - .-; ------.- - - MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURTREPORTER WHIT_EVILLE. NORTH CAROLINA 28473 .,- L. ..- -._.------I/dangerous weapons, in the area of Mike's Grocery Store on Sixth II Street, in Wilmington. Now, all of these two charges, along llwith the other charge, the third bill of indictment, are alleged Ilto have occurred in February, of 1971, in Wilmington. Now, the /Ithird bill of indictment returned - or third set of bills of II indictment returned by 'the New Aanover Grand Jury charge nine IIof these defendants - all of the defendants with the exception of Mrs. Shepard and Mr. Kirby - charge those nine defendants with actually burning Mike ' s Grocery Store, in Wilmington, North Carolina, on Sixth Street, with incendiary devices, fire bombs or gas bombs, in February, 1971. So, we have eleven defendants llcharged with two conspiracies, and we have nine defendants 11 charged with the additional offense of actually burning Mike ' s . II Do any of you have any questions about the charges, or do any llof you fail to understand what the charges are against the I/defendants at this time? If so, I would appreciate it if you llwould bring out any questions that you have about it. (NG RESPONSE. ) MR. STROUD: Now, is there anyone on the jury now who II is not presently a resident of Pender County? If so, I would (lappreciate it if you would raise your hand. 11 (NO RESPONSE. ) II MR. STROUD: So, I take it that all of you presently I/are residents.of Pender County, is that correct? II (NO NEGATIVE RESPONSE.) MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURTREPORTER WHIT EVILLE, NORTH CAROLINA 28478 1 MR. STROUD: Now, do any of you now sitting in the 539 11 box know any of the other persons who are now sitting in the 3 1) box or who are out in the audience called to serve on jury I 4 II duty? 11 MR. DEVANE: (REPORTER COULD NOT UNDERSTAND ANSWER.) 11 MR. STROUD: Would you restate your answer, please, 7 11 sir; and let me indicate this to you if I may at this time. I 8 Of course, as you have been told before, we have a court 11 repbrter here who is taking down our questions and your answers, I so if you will try to speak as loudly as possible - as I have I 11 11 been reminded by his Honor - then we can get all of this without( 12 much inconvenience or repetition. What was your answer, please, 13 sir? 14 MR. DEVANE: I don't know any of the panel in the box, but I do know quite a few of them in the audience. I 16 MR. STROUD: Jho have been called to serve on jury I 17 duty? 18 MR. DEVANE: Yes, sir. MR. STROUD: All right, ma'am; I'll be with you in I 20 11 just a second; thank you. Who are the ones that you know out I 21 here who have been called for service and not in the box? ' .. from Nash County 22 MR. DEVANE: Well, I Bee : 4h school teached, Mr. Samp- son. And I see Mrs. Woodcock back there in the audience; Mrs. 23 11 I Tatum; another Mrs. Woodcock. I know all those. 24 II I MR. STROUD: Are-there any others that you observe MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTER WHITEVILLE. NORTH CAROLINA 28478 I I 540 1 out there? Quite a few of them I know their faces, C 2 m. DEVANE: 3 but I don't recall their name. 4 MR. STROUD: Thank you, sir. Yes, ma'am? Early James; James McKoy: and Mr. James 5 MRS. BLAND: 6 here. 7 MR. STROUD: And Mr. James who is on the panel now? 8 MRS. BLAND: Yes, sir. I 9 MR. STROUD: And who were the other two, please, ( 10 ma'am? 11 MRS. BLAND: James McKoy. 12 MR. STROUD: James McKoy; and who else? 13 MRS. BLAND: Sue Farrior. 14 MR. STROUD: Are there any others? 15 MRS. BLAND: NO, sir. 16 MR. STROUD: Are those all? c 17 MRS. BLAND: Yes, sir. 18 -MR. STROUD: Yes, sir, Mr. Jonkheer? 19 MR. JONKHEER: I know John Casha. 'I 20 MR. STROUD: You know who? 4 21 MR. JONKHEER: John Casha. 4 -4 22 MR. STROUD: Casha; is that the last name? MR. JONKHEER: Yes, sir. 1 23 24 MR. STROUD: Do you know any of the ones who are 1 25 presently on the panel with you? - MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURTREPORTER WHITLVILLE. NORTH CAROLINA 28479 1 ....--*- ..., --. \-.-".---c.-.T,.-... I - __-_.. __--. -..-- .- ..l..,.- 7 - 541 -. 1 MR. JONKHEER: No. < DO you recognize any of the ones who are 2 MR. STROUD: 3 I( presently on the panel with you? 4 MR. JONKHEER: No. 5 MR. STROUD: Have you ever seen any of them before? 11 MR. JONKHEER: NO. I 7 MR. STROUD: You have not. Do you live in the area 8 of Pender County where some of these folks live that you are s 9 )( aware of? I 10 MR. DEVANE: Well, most of them that I know attended 11 high school back in Atkinson, North Carolina, and I live seven 12 or eight miles from Atkinson. 13 MR. STROUD: Mr. Jonkheer, do you know any of the 14 (1 ones either on the panel or who have been called to serve who 15 11 live in the same area that you do? I 4 1 16 MR. JONKHEER: NO, I don't. There's a defendant 17 named Kirby, or something or other; and I work with a Kirby 18 woman out there where 1 work at, and 1 don't know whether she 19 is any relation or not. 20 MR. STROUD: You work at Corning, right? - - -3 21 MR. JONKHEER: Right. -. 22 MR. STROUD: NOW, this Mrs. Kirby, do you know 23 about her or her family? ;# ;# 24 MR. JONKHEER: She is married - or, he was/some kind t 25 of trouble, racial trouble, in Wilmington, the fellow she is - MRS. SYLVIA P. EDWARDS OCCICIAL SUPERIOR COURT REPORTER WHIT LVILLE, NORTH CAROLINA 28479 -- .--- , . married to. MR. STROUD: How old is she? MFt . JONKHEER: I dai t know. MR. STROUD: Is she a young woman or older? MR. JONKHEER: She is fairly young. I don't know whether she is any relation or not, MR. STROUD: But you say you have heard that her husband was involved in the disturbance in Wilmington? 3 MR. JONKHEER: Yes, but this was two or three years back, two yearslack, somewhere along there. MR. STROUD: Did you hear this from her or from some other source? MR. JONKHEER: Well, just in talking around. MR. STROUD: Well, was she involved in the conversa- tion? MR. JONKHEER: I can't remember. MR. STROUD: What was your relationship with her other . . -. than the fact ?hat you worked with her? .. MR. JONKHEER: Well, I used to be in the maintenance department until I become a machinist, and I used to have to go around and fix all the machines that these women worked on. MR. STROUD: Well, if she were related to the defendant Kirby in this case, do you have any particular attitude or feel- ing about her that might cause you to have the same or a dif- ferent feeling or attitude about Mr. Kirby, without expressing MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTER WHITEVILLE, NORTH CAROLINA 2847P 1 what your attitude is? 543 I MR. JONKHEER: I don't -- I couldn't say right off. 3 11 1 don't know what kind of reactions 1 would get from out there. I 4 I don't know i,-A s related or not. ., -- II --R.-STROUD: Well, of course, I've got to pursue the 6 possibility that she might be related to him and that during 7 the course of the trial if you were to serve on the jury you 8 might determine or feel there's a relationship there, and thus 9 thi: would have some effect on your attitude about him one way c 10 or the other? 11 MR. JONKHEER: I feel like it might influence me if the defendants were found guilty. It might not be a very . . I 13 friendly position out there where I'm working.... 47 14 MR. STROUD: So, you would..... I! MR. JONKHEER: .....so it might influence me some. MR. STROUD: So, you are concerned that if this Mrs. I l6 11 17 Kirby was related to the defendant Kirby and if he were found 18 guilty, you wcdld be concerned that the attitudes of people -. you work with..... l9 11 I MR. JONKHEER: Well, it's on my mind, yes. 2o 11 I MR. STROUD: Do you feel like this is something you I will be concerned with during the time that you would serve on I II the jury if you are selected to serve on the jury? I MR. 'JONKHEER: Well, I thought about it last night 24 11 I 25 after 1 left here; I was at home when I thought about it. I MRS. SYLVIA P. EDWARDS OrrlclAL SUPERIOR COURTREPORTER WHITEVILLE. NORTH CAROLINA 28473 . . 1 didn't -- If I had thought about it yesterday, 1 would have said 544 e 2 something about it. I feel like it would for certain, really. 3 MR. STROUD: Do you think that you would at any - 4 in any way be able to remove this from your mind during the 5 time that you are hearing the evidence and during the time you 6 will be back in the jury room*deliberating about the case? MR. JONKHEER: Yes, I can do that. MR. STROUD: Do you feel like you could remove it .. 9 fr6m your mind? 10 MR. JONKHEER: Yes. It really doesn't bother me. I 11 don't let other peoples' opinion bother me, you know, as far 12 as how they would react if I found - if the jury found the 13 defendants guilty as far as people getting on me at the plant, 4 14 it wouldn't bother me. 15 MR. STROUD: NOW, do you feel like that if you were 16 1 to tetuin a verdict of guilty that there would be repercussions ..' 17' at the plant? <: -. ,. - ,-. - 18 L- . ,. MR. JONKHEER: There might. 19 MR. STROUD: Would this in any way influence -- Let's 20 be open and frank about this. Would this in any way influence .. .. _ 21 your decision in this case as to the guilt or innocence of LW. I 22 Kirby in this case or any other defendant? i 23 I don't believe it would. b MR. JONKHEER: Y i 24 MR. STROUD: Do you feel honestly like you are able i 25 to hear the evidence and fhe charge of the Court and apply the I4 MRS. SYLVIA P. EDWARDS OFFICIALSUPERIOR COURT REPORTER WHITEVILLE, NORTH CAROLINA 28473 law to the evidence that you've heard and render a decision on the evidence and the law alone with no other factor influencing your decision? Now, think about it before you answer, because it's important that you be impartial in this case. MR. JONKHEER: I feel these men and this woman are ,d, , i -* :;G;A if- innocent until they are proven guilty, MR. STROUD: Well, I agree with that, and I don't argue with that, but it is my job as prosecutor...... e MR. JONKHEER: That's the way I feel about it. MR. STROUD: What? lo /I l1 11 MR. JONKHEER: It shouldn't have any influence. I 12 MR. STROUD: I don't want to belabor the point with 13 11 you; as you say, it shouldn't have any influence, and it I shouldn't, but the question, the real question, is would it? I'm not trying to embarrass you, Mr. Jonkheer; I know you realize that. i - . MR. JONKHEER: Yes, sir, I know that. I believe it . , would. MR. STROUD: It would be? MR. JONKHEER: It would be on my mind, yes. MR. STROUD: Do you think that it would influence 22 11 you to the extent that it might either consciously or sub- I 23 II consciously affect the way you were going to vote in the case . . 1 24 if you were to serve on the jury; do you think there is ay possibility that it would affect your verdict? 25 11 MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOR COURT REPORTER WHITEVILLE. NORTH CAROLINA 28479 ,. MR. JONKHEER: Yes, I do. MR. STROUD: You do. Challenge for cause, your I/ Honor. THE COURT: Your interchange has been in such softly spoken words that I'm not sure that I heard the full discourse, there is but I gather this juror has indicated that/a person employed /Iwhere he works who might be related to one of the defendants? II MR. STROUD: Right. II THE COURT: As I understood it, he once or twice 11 indicated that he was fairly confident that he could remove II that from his mind or that he would not be affected by it in II any verdict, and lastly he indicated there is some possibility 11 that he would be. The Court is of the feeling that the juror 11 is being perfectly honest in saying that there is some possi- Ilbility. It is very difficult to remove possibility in all 11 respects. With your permissioxi, Mr. Ferguson, I would like to ... II address one more question to the juror? . . t MR. FERGUSON: Yes, sir, your Honor. - k . "7 THE COURT: Sir, you have said that in all frankness you feel that there might be some possibility your verdict . . might be affected by this relationship. However, do you have 11 an inner confidence in your ability to hear the evidence and the argument of counsel and the instructions of the Court and 11 render a verdict fairly and without bias based upon those 11 things, that is, the evidinca and the law, without being MRS. SYLVIA P. EDWARDS OrrlclAL SUPERIOR COURTRPPORTER WHlTSVILLt. NORTH CAROLINA 28478 1 affected by this fairly remote relationship which you are speak- 547 0 2 ing of? Do you have an inner confidence that you can do that? 3 MR. JONKHEER: Yes, I believe I could. 4 THE COURT: You have no doubt in your own mind 5 although you have said there is some possibility, can you honestby now own 6 say that you have/no reasonable doubt in your/mind that you 7 could base your verdict upon the evidence without bias or 8 prejudice; are you saying that now? 5 9 MR. JONKHEER: Yes, I could. I mean, well, I don't ( I0 -- If I went back out to work, in the meantime I don't believe 11 I could. 12 THE COURT: You say, if you went back out to work? 13 MR. JONKHEER: I mean, if they postponed the trial 4 14 for a while and I went back to work. Say maybe they postponed 15 the trial for a week and I went back to work, I don't believe 16 I could. 17 THE COURT: You mean that further association with ( 18 this person who works where you work might result in a feeling 19 on your part that would influence you? 20 MR. JONKNEER: Right. 21 THE COURT: Of course, if you are selected you will 22 not go back to work until this trial is completed, 23 MR. JONKHEER: Well, I had a fellow worker who called 24 me last night, and he's the one who told me about this girl. 25 I knew hew name, but I didn't know there was any relationship. MRS. SYLVIA P. EDWARDS OF~ICIALSu~rntorr COURT REPORTER WHITEVILLE. NORTH CAROLINA 2e47P He told me he thought it was some relationship. And people call : me up, and I'm not at work and they know I'm up here on the jury. That right there tends to influence me. THE COURT: Have people called you up to discuss these cases? MR. JONKHEER: They haven't discussed the cases. He just told me -- Well, more or less, yes, sir. THE COURT: Did you advise them that you could not s discuss the case with them? MR. JONKHEER: I told him I couldn't tell him nothing about what happened in court. II THE COURT: All right, sir. You may be excused. I CLERK: Hattie B. Redd (BLACK) . I MR. STROUD: Good morning, Mrs. Redd. Is it ~issor Mrs.? MRS. REDD: Mrs. ...f // -. MR. STROUD: Mrs. Redd, have you been able to hear yesterday and today the comments that were expressed with regard to the defendants involved in these cases? MRS. REDD: yss, sir. MR. STROUD: And the charges; and you are aware'of llwhat has taken place while you have been here? I MRS. REDD: Yes, sir. I have been here in court, but I couldn't hear all that was said. MR. STROUD: Now, are you presently a resident of 25 Pender County, ma'am? Li - MRS. SYLVIA P. EDWARDS OFCICIAL SUPERIOR COURTREPORTER WHITEVILLE. NORTH CAROLINA 2847s 1 MRS. REDD: I live in Pender County? 549 MR. STROUD: Yes, ma'am. MRS. qDD: Yes, sir, I live in Pender County. MR. STROUD: Pardon the delay. Now, are there any 5 other members of the panel who know other people who are pre- 6 sently on the panel or who have been called for service on the jury and are here this morning? MR. JAMES: (STARTS TO ANSWER.) MR. FERGUSON: If your Honor please -- Excuse me, I Mr. James -- Some of the jurors have already been passed by the state, and I don't think they are entitled to question them. THE COURT: Yes. Those who have been passed by the state should not be asked. MR. STROUD: All right. Let me make this initial comment before we continue: Mr. James and Mrs. Eakins and Mr. Murray, as I ask questions to the general panel you will not -. , respond, because I have already expressed my satisfaction with you as jurors and I am not entitled to ask you any further questions. Thank you. All right? . .. . (RESPONSE. ) MR. STROUD: Yes, ma'am. Who do you know, please? MRS. JONES : (REPORTER CANNOT HEAR. . THE COURT: Speak up loudly so I can hear. 25 MRS. JONES: att tie Redd. MRS. SYLVIA P. EDWARDS OrrlclAL SUPERIOR COURTREPORTER i WHITEVILLE, NORTH CAROLINA 28479 7 s--. 1 MR. STROUD: You know Mrs. Redd? 550 MRS. JONES: Yes, sir. Joyce Ann Fuller. MR. STROUD: George..... MRS. JONES : Joyce Ann Fuller. MR. STROUD: Joyce Fuller? 11 MRS. JONES: And Leo Shepard. I MR. STROUD: Shepard? MRS. JONES: Shepad. MR. STROUD: Any one else? MRS. JONES: Olith Ruth Batts, MR. STROUD: Pardon? MRS. JONES: Olith Ruth Batts. l2 II MR. STROUD: Batts. Anyone else? MRS. JONES: NO. MR. STROUD: Now, other than Mrs. Redd, are there any other members on the panel now with you that you have seen - - .. 1 .- before or recognize? , ' :. MRS. JONES: This one. . .- MR. STROUD: That would be Mr. Kennedy? MRS. JONES: Yes. , . L.- - MR. STROUD: Anyone else? . . . - MRS. JONES: NO, MR. STROUD: All right. Yes, sir. MR. NIXON: Mr. Kennedy, and there are two out there. MR. STROUD: You 'know Mr. Kennedy? MRS. SYLVIA P. EDWARDS OFFICIAL SUPERIOI COURTREPORILR WHITEVILLE. NORTH CAROLINA 2847P