356

IN THE CIRCUIT COURT OF SHELBY COUNTY,

TENNESSEE FOR THE THIRTIETH JUDICIAL

DISTRICT AT MEMPHIS

_______________________________________________

CORETTA SCOTT KING, et al,

Plaintiffs,

Vs. Case No. 97242

LOYD JOWERS, et al,

Defendants.

_______________________________________________

PROCEEDINGS

November 18th, 1999

VOLUME IV

_______________________________________________

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

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- APPEARANCES -

For the Plaintiff: DR. WILLIAM PEPPER

Attorney at Law

New York City, New York

For the Defendant:

MR. LEWIS GARRISON

Attorney at Law

Memphis, Tennessee

Court Reported by:

MR. BRIAN F. DOMINSKI

Certificate of Merit

Registered Professional

Reporter

Daniel, Dillinger,

Dominski, Richberger &

Weatherford

22nd Floor

One Commerce Square

Memphis, Tennessee 38103

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- INDEX -

WITNESS: PAGE/LINE NUMBER

JAMES LAWSON

DIRECT EXAMINATION

BY MR. PEPPER........................ 360 20

CROSS-EXAMINATION

BY MR. GARRISON...................... 442 8

MAYNARD STILES

DIRECT EXAMINATION

BY MR. PEPPER:....................... 445 5

CROSS-EXAMINATION

BY MR. GARRISON:..................... 451 5

REDIRECT EXAMINATION

BY MR. PEPPER:....................... 452 1

OLIVIA CATLIN

DIRECT EXAMINATION

BY MR. PEPPER:....................... 453 4

CROSS-EXAMINATION

BY MR. GARRISON:..................... 467 3

REDIRECT EXAMINATION

BY MR. PEPPER:....................... 477 7

RECROSS-EXAMINATION

BY MR. GARRISON:..................... 479 12

ED ATKINSON

DIRECT EXAMINATION

BY MR. PEPPER:....................... 487 16

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HASEL HUCKABY

PREVIOUS TESTIMONY READ............... 480 14

JAMES LESAR

DIRECT EXAMINATION

BY MR. PEPPER:....................... 496 7

CROSS-EXAMINATION

BY MR. GARRISON:..................... 503 19

ANDREW YOUNG

DIRECT EXAMINATION

BY MR. PEPPER:....................... 507 21

CROSS-EXAMINATION

BY MR. GARRISON:..................... 531 18

REDIRECT EXAMINATION

BY MR. PEPPER:....................... 535 3

EXHIBIT PAGE/LINE

Exhibits 2 and 3 respectively........ 502 7

Exhibit 4............................ 536 17

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PROCEEDINGS

(November 18th, 10:20 a.m.)

THE COURT: All right. Bring

the jury out, Mr. James.

(Jury in.)

THE COURT: Before we begin, let

me explain that Mr. Jowers has my permission

to be absent this morning. We're going to

continue with the proof.

All right. You may proceed.

MR. PEPPER: Good morning, Your

Honor.

THE COURT: Good morning.

MR. PEPPER: Plaintiffs call as

their first witness Reverend James Lawson.

JAMES LAWSON

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good morning, Reverend Lawson.

A. Good morning.

Q. Thank you very much for coming here

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this morning.

A. You are welcome.

Q. In fairness to you, I know you've

just gotten off a plane from Los Angeles and

come directly into the courtroom.

A. Right.

Q. If at any time you feel a bit woozy

or you want a break, perhaps we could ask and

his Honor will indulge. It has been awhile

since you slept.

A. Thank you. Yeah.

Q. Would you please state your full name

and address for the record.

A. James M. Lawson, Jr., 4521 Don

Timatayo Drive, Los Angeles, 90008.

Q. What is your profession?

A. I've been a pastor for forty-five

years.

Q. And what was your most recent

pastorship?

A. I just retired as pastor from Holeman

United Methodist Church in Los Angeles.

Q. And prior to that charge where were

you, sir?

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A. I was for twelve years pastor at

Centenary United Methodist Church here in

Memphis, Tennessee.

Q. Would you tell the jury where you

were trained and what your background has

been.

A. Well, I'm a third-generation clergy

person, and I did my college work at Bolden

Wallace College in Moorea, Ohio, my

theological work at Olin Graduate School of

Theology at Vanderbilt University of

Nashville and Boston University.

Q. When did you first meet Martin Luther

King?

A. About February the 6th or 7th of

1957. I was a graduate student in theology

at Olin College in Ohio. Martin King came

there to spend a day of talking to the

university and to the community. I was in a

small luncheon at noon time with him. We had

a chance to be alone. So we visited and

talked and found ourselves to be very much in

sync with one another as people.

Q. What was it that made you feel

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compatible in terms of viewing the world and

the problems and the issues of the day with

Martin King?

A. Well, he had just completed the

Montgomery bus boycott, which had begun

December 1st, 1955. And it had just finished

in January of 1957, and it was successful.

It was the first almost -- I think it could

be said it was the first major non-violent

direct action movement in at least the 1950's

in the United States and one of the largest

and most powerful. The ripples went all

across the world.

At the time I was serving as a coach

and campus minister in Nog Por, India, and I

first saw the story on the front pages of the

newspapers. It was on the BBC. It was on

all the radio stations then in India. So it

was a world-wide story.

I had been a non-violent

practitioner since about age ten or eleven.

I had studied it and had worked on issues

against racism in the United States as a

college student and as a graduate student.

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So I had a background of both practical

experience and the theory.

Of course, being in India I followed

the work of Mahatma Gandi at length, and I

told Martin King of this experience, and that

was one of the things that linked us very

closely. While in college, at the end of the

1940's, I had wanted to -- I had decided I

should work in the South, that there was a

clear call for me to work in the South to try

to apply creative non-violence to the

eradication of racism and segregation.

So I mentioned this to him. Dr.

King said, well, don't wait, come now, we

need you. So, consequently, I changed any

plans and sped up my calendar to finish up my

schooling and go south.

Q. We've called you as a background

witness in terms of the whole aspect of

Martin King's work that led you here to

Memphis. So you are a bit out of sync, but

because of scheduling, we brought you in here

at this point in time to have you talk about

these things. You knew Dr. King from 1957 to

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the time he died. Is that correct?

A. Yes, right.

Q. How did you see him change as a

preacher and as a leader during that period

of time?

A. Well, there are lots of ways. In the

first instance he had planned basically

probably with his life to become a preacher

and then the president of a college or

university. That's why he had done a Ph.D.

in theology at Boston University.

So he expected to follow in the

pathway of two or three people who were

friends of his father, Benjamin Mayes of

Moorehouse College being one of these and

Howard Thurman of Howard University. Those

were his models.

The Montgomery bus boycott during

his first pastorate in Montgomery in a sense

shook his vocational understanding of where

he was going and what he was to do. He did a

lot of wrestling with all of that, what this

meant for his life.

As a consequence, that in itself

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kept him in the journey and making some

changes. He had not anticipated that he

would become overnight a spokesperson for

liberty and justice, for the gospel in a

particular way, which meant, therefore, he

did a lot of maturing very quickly.

He had an excellent mind, and he --

as he got into the struggle, he began to

recognize more and more what this would

entail. Among those things was his

recognition that the issue of racism and

segregation in the United States was not kind

of a limited affair, it affected economics,

it affected not only human relations itself,

it affected the politics of the nation.

That's obviously the case. It was a

very violent institution, as it still is in

the United States. So this broadened his

whole childhood and then young adulthood

estimation of what racism was about and what

this was going to involve.

Then he also saw this as a life's

vocation, not as kind of a limited kind of

career but was a high calling of God. And

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this matured him in many ways. He was a deep

reader and thinker.

So one saw the way in which his

knowledge of the United States, his knowledge

of the struggle, increased rather rapidly.

His exposure to all kinds of platforms and

radio interviews and television interviews

sharpened up his intellectual ability to not

only analyze the situation but to respond to

a great variety of challenges.

The threats on his life that began

almost immediately in Montgomery made him

very aware of how fragile his life was, but

it also made him profoundly aware of how

dangerous the struggle was and also how he

had to have the spiritual and moral fortitude

to work through it and live through it.

Q. Did you have much conversation with

him or discussion with him in the early and

mid-1960's as he moved to become concerned of

international issues, particularly the war in

Vietnam?

A. Oh, yes. In our workshops and staff

meetings and personal conversations he was

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always -- he always had a broad sense of the

whole world. His understanding and

commitment to non-violence was broad also.

In my workshops on non-violence,

which I did with him and around the South

especially for SCLC and for the Fellowship of

Reconciliation, we always included what was

going on especially 1960 in Angola and

Mozambique as an illustration.

I had colleagues in the Methodist

Church who were pastors from those countries,

and they were being thrown in jail by the

Portuguese government with the good wishes of

the CIA in the United States and the

connivance of the State Department and so

forth.

So I brought these things into it.

Mondo Mondo Laney was a Ph.D. from

Northwestern University and a Methodist and

one of the organizers of the

self-determination movement in Mozambique.

In my work shops I brought these movements

into the picture so people could understand

what was going on.

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Vietnam, we watched it escalate in

1960. We had any number of staff conferences

in our -- staff meetings, rather, and

retreats. We talked about these matters

steadily. I don't think there was hardly

anyone in SCLC who thought that the Vietnam

escalation was justified or that the

historical situation was one that was

acceptable, either from the point of view of

Christian faith or from the point of view of

Christian non-violence.

In 1965 an international team of

religious leaders decided that they would go

to Southeast Asia to see the situation for

themselves. This included people like Martin

Meamolar (Phonetic), a German war hero of

World War I and then one who resisted Hitler

and was thrown in jail during Hitler's

regime. He was a submarine commander and

Lutheran pastor after World War I. Martin

Meamolar was one of these people who was

concerned about what was going on.

So this international team was

formed and the Fellowship of Reconciliation

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decided they would sponsor it, and they

invited Dr. King to be a part of that team.

He could not go, so he called me and asked me

if I would take his place and then have

conversations with him about this and make my

report, because we were to go as pastors and

religious leaders and then we would make a

report to the nation, to especially the

churches.

So I agreed to go, and Centenary

Church here in Memphis gave me extra vacation

time so that I could do it. They thoroughly

supported it. So I went to -- went with this

team instead of Dr. King.

When I returned, I wrote a report

and I sent him a copy of the report, and then

he and I had two or three conversations about

it.

Q. Who was the year of that visit?

A. That was 1965. It was June and July

and then into August of 1965. It was

supposed to be about a month's long, but

because of some of the other things, it took

longer.

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For example, when we finished the

tour of Cambodia and Vietnam and Laos and

Thailand, we gathered back in Hong Kong and

then we had an urgent request from the

Council of Churches, the United Methodist

Church, the Anglican Church of Australia,

asking for someone from the team to come and

talk to some of their churches across that

country. And I agreed to be that person.

So this meant I spent an extra seven

days in August every day in a different city

in Australia visiting with churches, usually

a large meeting at night, and then during

their morning and afternoon gatherings of

clergy of all denominations.

Q. Do you remember the evening when he

came formally out against the war in Vietnam?

A. Well, Bill -- Mr. Pepper -- I have

different opinions of this. I do because he

did speak about it in a number of settings.

But the one that caught the attention of the

nation was April the 4th, 1967, where he

agreed to speak at the Riverside Church in

New York with -- under the auspices of clergy

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and laity concerned for the Vietnam War in

Southeast Asia, with people like William M.

Sloancoff and Rabbi Abraham Heschel and a

whole range of some of the best known

Protestant, Jewish, Catholic Jewish people in

the country. That was April 4th, 1967.

Q. That was one year to the day before

he was assassinated. Is that right?

A. Yes, that's correct. One year to a

day.

Q. What was the reaction to that

Riverside Church speech?

A. Well, from the point of view of many

of us, and I read the speech later on, of

course -- in fact, I think it is his most

important and creative speech from the point

of view of spiritual understanding. It is

his most prophetic speech.

The reaction in the press and the

reaction in Washington was intense

hostility. I have since that time read

accounts of some of that hostility, since I

was not in those circles at all, but there

was intense reaction.

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Of course, that reaction was

intensified both in the White House and in

the FBI, I think probably also in the

military.

He was called a traitor. There were

other black leaders in the movement who

castigated him. There was great reaction

against him. There were people who did not

have the broad theological and spiritual

vision that he had. So they felt that he was

getting out of his field.

Q. But he wasn't the a civil rights

person in that sense?

A. He was a pastor, he was a prophet, he

was a preacher, he was a teacher. So he

wasn't out of his field.

Q. It was a much broader field?

A. Yes, sure, but they said, no, you are

confined to civil rights. Well, even that

civil rights question has to be expanded

because Martin King spoke always on much more

than civil rights.

After all, in the Bible, the notion

of justice is an important question, an

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important concept. That was one of his big

words. The word "liberty" is a big word in

the Bible. That was one of his big words in

the movement. I often in my own teaching and

preaching and lecturing insist that our

movement was far more than, quote, a civil

rights movement. We were a movement

concerned for helping this nation purge

itself of a nightmareish part of its history.

Q. Did he express concern to you during

that year of time, the last year of his

life -- now we're in 1967 -- did he express

concern to you during that period of time

about the enemies that he was developing, the

forces of opposition that he was building up

against him, that they were growing and they

were perhaps more lethal than before?

A. Yes. We had a fairly large movement

retreat. I think it was in August of 1967.

It was in our -- as I recall, it was at the

Penn Center, which is a camp and retreat

center owned by the American Friends Service

Committee in South Carolina. We had a

several-day-long retreat there in August.

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The very first day he said, Jim,

let's take some time off and go off by

ourselves and do some talking. So I said,

whatever you say. So we went off one

afternoon. It is a large camp, and you could

walk through the forest and meadows and what

not.

So we went off for along walk. He

talked at length about the way in which he

was getting the full heat of the FBI, he was

getting the full animosity of President

Johnson.

Up to that time president Johnson

and he were in conversations by phone and he

had been in the White House on a number of

occasions, but all of this was stopped. None

of his phone calls to the President were

being responded to for just normal

conversations about issues in relationship to

the movement.

Q. After April 4th, 1967, that

communication between Dr. King and the

President stopped?

A. Yes, that's right, stopped, yeah,

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where formally he had been there, where

formally his phone calls were answered and

responded to by senior staff and by the

president himself, this all ended. He

suddenly became a non-person in the White

House, according to him.

Q. To the best of your personal

recollection, Reverend Lawson, was there an

economic impact upon his organization as

well?

A. Yes, there was. I think that behind

the scenes there was a deliberate effort to

get people not to give financial gifts. A

lot of times a lot of gifts were

spontaneous. SCLC had a direct-mail program,

and Dr. King and others called upon people

individually to give, but oftentimes in the

midst of the struggle there would be a

spontaneous outpouring. That's one of the

ways in which our movement was able to

sustain itself financially, because it didn't

cost.

For example, in the sanitation

strike on one occasion we must have received,

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because of Bayind Rustin, who was on the

television show about the sanitation strike,

we must have received, I don't know, dozens

and dozens of mail bags from just around New

England and New York. These bags would

contain note after note, and in almost every

note there was a check that ranged in size

from five dollars to a hundred dollars or two

hundred dollars. These were all for the

sanitation strike.

Of course, it went into the relief

fund, but it took volunteers days to get

through just that one television program

where Bayind Rustin talked about what was

going on. We had to keep the thirteen

hundred workers and their families alive.

They had no money. They were poverty

workers.

Q. During this period can you recall

specific acts of harassment or intimidation

or surveillance which you became aware that

were visited upon Dr. King?

A. Well, he told me the death threats at

home and in the office multiplied. That's

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the one I remember the most. I knew at one

time how many such calls about death were

coming to him, but I don't remember that

figure now.

Q. After the declaration of opposition

formally against the war in Vietnam at

Riverside on April 4 of 1967, this country

was on fire during that year, wasn't it?

A. Yes. 1967.

Q. Numbers of cities burned?

A. Yes. I'm trying to remember all the

places, and I don't, but the huge one was

Detroit, Michigan, as I recall, 1967.

Q. That was August?

A. That was August of 1967. But there

were a number of others as well.

Q. What did he view as underlying that

type of unrest and disruption? What did he

see as the cause of that?

A. Well, he knew that -- he felt that a

lot of it was being promoted not simply in

opposition to him and in opposition to

non-violence, but also it was being promoted

by various provocateurs in the country,

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though he did not really name who they might

be, although he suspected that the FBI was

often provoking enmity against him.

Q. When he turned his attention to

economic issues, what was the focus of that

work and what was the analysis that he saw of

the distribution of wealth as it related to

the war in Vietnam?

A. On April the 4th, 1967, one of the

things he said was that the war against

poverty was being struck down in the rice

patties of Southeast Asia. That may be

almost the exact way he put it, as I

remember. But it was in these months, then,

that he was pulling -- tying to pull together

a major effort to call the nation's attention

to the question of poverty.

In 1967 we were talking about how

materialism, militarism, greed, poverty.

Those were in a sense the twin enemies of the

whole movement and that you could not deal

with racism if you did not deal with the

issue of poverty, that you could not deal

with the issue of poverty if you did not deal

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with the issue of militarism.

So these were conversations that

were going on in the movement itself in 1967,

1966 and 1967, because they began much

further than that. I, as one of the teachers

of the movement, made these links clear all

along in various workshops on non-violence

rather persistently. But more and more staff

people were discussing it. I recall

conversations in 1967-- in 1966, rather,

during the Chicago movement, around that vein

of thought.

So it is out of all of that I would

say that goes back to at least 1966 that

began the notion of the Poor People's

Campaign and the notion there was the

possibility of bringing a movement to the

nation's capitol, a non-violent movement,

that would indicate the extent to which the

economic issues, the issues of the violence

of racism and the violence of the society

could be pulled together.

That took greater form, then, in the

fall of 1967, in talking about the Poor

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People's Campaign. That became his

preoccupation. This was really out of his

mind I would say more than anyone else,

because there were lots of folk within SCLC,

within the movement, who said this can't be

done, that you can't have a movement in the

spring and the summer in Washington, D.C.,

that would not become a major catastrophe.

Bayind Rustin and other major folk

in the movement said it was time to take a

moratorium.

Q. Why did they think it would become a

major catastrophe?

A. Because the movement had so much

division within it by this time. You had the

development of the black power group, you had

the development of the Panthers and in places

like Oakland and Kansas City and Chicago and

elsewhere, you had the forces that were

critical of King's denunciation of the

Vietnam War and its escalation.

You always had folk who did not

think direct action was important, that we

should leave it to the lawyers. This was

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certainly the point of view of those in the

NAACP Legal Defense Fund who were never sure

that direct action in terms of a sit-in

movement or the voter's rights movement or

the Birmingham movement, they never -- they

never were persuaded that kind of non-violent

action was possible.

So you had these many different

voices that in my judgment were a part of how

a movement, a social movement, evolves, that

it goes through an evolutionary process where

a lot of conversation and discussion and

struggle is necessary. But this was now more

evident in all of 1967 than at any other

time.

I feel now, looking back, that that

was oftentimes provoked by some of the actual

people who were enemies of Martin King and

enemies of the struggle.

Q. Martin King came to believe that the

Poor People's gathering --

A. Campaign.

Q. -- was a critical undertaking from

what you are saying?

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A. Yes.

Q. When did he decide in 1967 to go

forward with those plans to bring the masses

of poor people to the nation's capitol?

A. I think it was talked about earlier,

but I think that the confirmation came in

December of 1967 when we had a retreat of the

executive staff and of the board of SCLC. I

think that is where the final arguments and

long conversation and intense conversations

took place, and I think it was from there

that King was convinced that he would move

forward to organize and plan the Poor

People's Campaign.

Q. Was there opposition on the board of

his own organization of SCLC to this project?

A. Oh, yes. Oh, yes. There were --

but, you see, some of that opposition, you

have to recognize, was natural opposition

that was -- that would stretch way back. The

idea of non-violent direct action, though it

is not new to America now, it was a major

secret in America then. There have been

other such struggles, but most Americans are

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unaware of them.

So you had clergy on the board who

had no knowledge of this in a sense what can

now be called a people's struggle for

justice, for liberty, for human rights, for

the Bill of Rights, for freedom of religion,

freedom of speech. You had people who had no

awareness of that.

So you always had a certain amount

of opposition to different campaigns. But

then in 1967 you had members of the board who

thought King should leave Vietnam absolutely

alone and should have nothing to say about

it, that it should not be in the

consideration at all for the struggle. So

they felt very strongly about that and made

their opposition very clear. There was

intense verbal struggle, lots of emotion in

those months in the SCLC circles and board

circles and staff circles.

Q. Wasn't the Poor People's Campaign

even more significant in that it went to the

heart of wealth and power in the United

States? He was talking, was he not, about

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the redistribution of wealth in this country?

A. Well, I want to say about that two

things: One is that you have to recognize

that the sociology of the movement up to this

time was mostly in the southeastern states.

I think it is correct to say that you had had

up to this time in the end of 1967 no major

non-violent movement outside of that

southeastern part of the country.

Then you have to recognize that we

had the Chicago movement in 1966, early

1967. There was intense opposition to SCLC

going to Chicago. Some advisors, some of the

people on the board, some of the members of

the staff, felt we had no business doing this

because they said our strength is in the

southeast. But King recognized that we had

to become a national movement.

There was a ardent group of people,

activists of different kinds, in Chicago that

kept urging Dr. King and SCLC to come there.

So the decision was made to go there.

Another part of this was that King recognized

that each movement had to provide a kind of

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confrontation that helped the nation

recognize and see the problem. So in his

mind that confrontation should take place in

the nation's capitol in Washington.

And he, among other things, said

that we will go to Washington and stay until

Congress and the President decide that they

will eradicate poverty in the United States.

I mean, that was one of the statements he

made.

Another kind of statement he made

was that we will pull together the peace

movement and we will shut down the Pentagon

in the summer of 1967. You know, these are

rather phenomenal statements. But these are

some of the things that you can find in his

speeches, in his talks, in his -- as he was

organizing this movement.

So he was going there believing that

it would be possible to basically paralyze

Washington and to paralyze the government

until it faced up to the issue of poverty and

dealt with it.

Q. Don't you believe that that posture

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and those statements could only have

heightened, enormously heightened, the

anxiety of all those in power?

A. I have no doubt. I have no doubt

whatsoever in my own mind, though I do not

know the behind-scenes work of Washington at

all. But I have no doubt that these kinds of

statements raised the anxiety levels in the

White House and elsewhere across Washington.

Q. Do you believe he could have --

A. Remember it is during this period

that J. Edgar Hoover was saying that King was

the number one enemy of the nation. That was

being said.

Q. Jim, do you believe that he could

have brought half a million people into that

setting in Washington with all of the

disparit parts of that movement, all poor,

all stressed and anxious people, that he

could have put that group together without

that gathering turning violent eventually?

A. No, no, I think that with King's

leadership and strength, I think that we

could have had a movement in Washington,

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D.C., that would have been a non-violent

movement fundamentally. After his death, in

fact, it was basically a non-violent

movement. But it was without his presence

and without his leadership at that time. The

Resurrection City did not turn violent.

Q. But it was without the masses?

A. It was without the numbers and

without the power and strength that Martin

King represented. We have to recognize that

in such movement as these, persons become

symbolic leaders, and they are larger than

life in many ways. If you study, for

example, the movement in India with Gandi,

this was the case.

Now King had fundamentally replaced

for the world the Gandi figure, because his

name was known everywhere. I travelled in

India and Africa and Latin America in those

days, Southeast Asia, and Martin King was the

best-known American. I travelled in Europe

for the World Council of Churches. I

represented my denomination in all kinds of

work camps, workshops. I did non-violent

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training in Europe in the 1970's. King was

the best-known name.

Q. With over thirty years of reflection,

though, now, looking at the context of events

then and the violence in the cities

throughout America during 1967, do you

believe that those in power could have so

dreaded this event taking place that they

might have resorted to any means to make sure

that he didn't lead it?

A. Well, I have no doubt about that at

this moment. We've learned more since then.

Here in Memphis, rather, I think in

1993 I think this city was startled when on

the front pages of the Commercial Appeal an

article that I got a copy of, and I have it

still in my files at home, where it was shown

in this investigative peace that Martin King

had been trailed and under the surveillance

of military intelligence night and day

throughout his entire life.

Not just Martin King but that his

father and his grandfather had been under

military intelligence, surveillance, since

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1917, seventy-five years, military

intelligence. Now, this country has never

been informed what that military intelligence

was doing, but they started looking at his

father and his father, A. D. King, during

World War I, because they thought that black

people would be on the side of Kaiser

Wilhelm. How anyone could have that notion

is beyond the realm of my understanding.

Then in World War II they said black

folk would go with the Nazi's. That is such

craziness that racism develops in some white

power structure people. So his family was

under surveillance of the military

intelligence for seventy-five years. This is

now documented.

THE COURT: Mr. Pepper, we're

going to stop here and give the jury a coffee

break. We're coming back in about ten

minutes.

(Jury out.)

(Short recess.)

(Jury in.)

THE COURT: All right,

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Mr. Pepper. We're ready.

MR. PEPPER: Thank you, Your

Honor.

Q. (BY MR. PEPPER) Reverend Lawson, you

have very patiently taken us from the

beginning of your association with Martin

King and even your own work prior to that up

through his transformation and his maturing

in the 1960's and his declaration of

opposition to the war to his commitment to

the Poor People's Campaign in Washington at a

time when the nation was on fire, anxiety

everywhere.

I'd like us now to move through your

eyes to Memphis, Tennessee, and the

relationship as you see it between the

sanitation workers' strike in this city at

that time in early 1967 and the wider

movement heading toward a massive invasion,

an encampment in Washington, of poor people

from all over the country.

If you would just address the

relationship between the two activities.

Tell us how you see that they related to each

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other.

A. Well, Martin King is the one who said

it, because on his first visit here during

the sanitation strike, March 17th or 18th,

when I picked him up at the airport that

night to take him to the mass meeting, one of

the things he said to me is, Jim, you are

doing in Memphis what I hope to do in the

Poor People's Campaign. Then he went on to

talk about linking the economic question to

the question of the racism, poverty issues

and transforming that.

Now, that's a continuation of

conversations out of staff meetings and board

meetings in the 1966, 1967, at least, but he,

in other words, decided that he could come to

Memphis to speak because he recognized that

these thirteen hundred workers were working

for poverty wages and that that was the heart

of the question of racism in many ways.

Slavery was working for nothing,

substainance, food at best, an economic

system which constantly does not want to pay

ordinary people their due for their good and

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essential labor for the society.

So I -- he made that connection for

me in very clear fashion. He saw the Poor

People's Campaign as a way by which we could

bring to the nation's attention to the

necessity of America finally making a

decision that we didn't have to have the kind

of poverty we had because we had more than

enough wealth and we had more than enough

work, and that the work should allow people

to gain the wherewithal to take care of their

own basic necessities.

Q. Before he entered the fray here in

Memphis in support of the sanitation workers'

strike, that dispute became very evident and

indeed disruptive of civic life?

A. You mean the sanitation strike

itself?

Q. The sanitation workers strike.

A. Yes.

Q. Can you give us the background,

because you were in the middle of that at the

time?

A. Well, the sanitation workers, of

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course, were all city employees, but they

never received any kind of just remuneration

or opportunity for advancement, and the

segregation in the department was rampant.

Oftentimes these men were humiliated

in their workplace, harassed in their

workplace. T. O. Jones and a handful of

people had for about six years been trying to

organize this group of thirteen hundred

people into an effective union and working

people's organization whereby they could

collectively improve their situation, their

work situation. That had always -- that had

for the most part was a hard uphill struggle

all the time, but it proved to be successful

on February 12th, I think it was in 1968,

when all thirteen hundred workers walked off

the job, fed up with what they had to put up

with for so many years.

One of the things that had provoked

them at that time was the death of two of

their colleagues who during a storm sat in

one of the huge trucks, and the mechanism had

a failure, and they were crushed. Part of

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their complaint was the fact that when it

rained or snowed, they either had to work in

the snow or go home without pay. They needed

every hour of work they could obtain.

White supervisors in the department

could go back to the barns and drink coffee

and play cards and would get paid for the

entire day, but these ordinary people on the

trucks lifting the cans and all did not, and

there were no health benefits. Safety was an

issue for them, the hazard of the job

itself.

So when these two men were killed,

that stirred a great deal of anger and

courage. So they almost unanimously walked

off the job together without any plan of any

kind.

In February you don't have a

sanitation strike. You do it in July. They

hadn't talked to the international union or

anybody. I mean, they made the decision

themselves. Their anger in fact motivated

them to have the courage to do it, so they

did it.

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Well, that created consternation in

the community, in the city as a whole. Mayor

Henry Loeb immediately said it was illegal

and they had to go back to work. They asked

for negotiations and conversations which he

for the most part declined.

When the strike began, I immediately

supported them and began to raise offerings

in my congregation because I knew they would

need food and would have to be helped. Other

clergy did that rather spontaneously also.

So a sizable group of us supported their

demands for change from the very beginning.

But the mood of the city was that the strike

is illegal and they had no business doing

it. So what happened was that you therefore

had a stalemate and a confrontation.

Q. How did Martin King become involved

in that dispute?

A. Well, a variety of us went to the

meetings with the workers and we had been to

help them in various ways. The international

union did not abandon them in spite of the

fact that there was no foresight in this.

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They came in and worked with them and tried

to work with the rest of us as well.

We tried to work very hard to get

the city council and the mayor to make an

agreement and settle the strike. In a series

of meetings with various people of the city

council and in a series of meetings in the

community with some businessmen behind the

scenes working on it as well and a variety of

clergy working on it behind the scenes, we

thought we had an agreement where -- I can't

remember the exact name of the committee, but

Councilman Davis chaired perhaps a labor

committee or something like that. They had a

big hearing in city hall. They agreed that

they would propose an easy settlement of the

strike.

We agreed that we would then come

back the next two or three days or the next

councilmanic meeting for this settlement to

be announced. It was to be at city hall

after a few days. Then we got word that the

meeting would not be at city hall because of

the size, with many of us coming to the

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meeting, and it was announced in the civic

auditorium.

When we arrived that morning at the

civic auditorium there were perhaps eleven,

twelve hundred people in all. Some of the

city council people had come onto the

platform. The lights were on, a microphone

was available. They made the announcement

that the council had decided that they would

leave the matter in the hands of Mayor Loeb.

So the agreement the previous days

was faulted by the city council. After this

announcement was made, the lights in the

civic auditorium were all turned off, and

they as much said the meeting is over.

Well, that created a storm in this

crowd, angry cries and all. A few of the

clergy and a couple of the union --

international union leaders, Jerry Worth in

particular, we rushed to the platform and

tried to get people to sit down and be calm

and cool. There was no microphone, so we had

to shout. But we managed to bring some

calm.

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We requested the civic auditorium to

turn the lights back on and give us a mic so

we could sit there and have a meeting and try

to manage this. In the process of that

effort, we did manage to get people directed

and get their energy directed, and we decided

that we would walk in mass in the street from

the civic auditorium down I guess it is Main

Street past City Hall and to Mason Temple.

A couple of the leaders, I don't

remember who specifically, quickly got

Commissioner of Fire & Police Holloman on the

phone and got his permission that we could

walk in a non-violent fashion down the

street.

So we announced this and directed

the people go onto Main Street out the front

doors and to gather and then we would proceed

down the street and we said we have the

permission of the city to do it. The

commissioner of the fire and police issues

permits for such a thing, such events in

Memphis.

So we got it started and organized.

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Many of the stewards, many of the leaders and

the clergy, in an orderly fashion we started

on what would be Main, south on that street,

I guess. Yes, it would be south on Main

Street. Well, after we had gone about two

blocks away from Poplar, out of nowhere

appeared police cars, a whole line of police

cars.

We were walking on the right side of

the street going south, and these cars came

from the side streets onto Main Street and

rolled up all along side of us so that there

was a long line of police cars perhaps the

length of the walk. We were a peaceful

march. Then I noticed some of the cars

coming over the yellow line and trying to

intimidate some of us walking. I was towards

the front of the March.

As I always do in a demonstration, I

try to keep my eyes on whatever is going on

as far as the whole business to the best of

my ability. So I turned around and went to a

couple of the police cars and said, now,

look, we have Holloman's permission to walk,

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you guys are just trying to provoke an

incident, so stay where you are, stay on that

side of the line.

Then a second time they moved over,

and some of the sanitation workers put their

hands on the car, the police car, as though

to push it back, and I saw this from the side

of my eyes, and I rushed back again a few

steps and again told the sanitation workers

to leave it alone and to go ahead and walk.

They said, well, they are

deliberately doing it. I said, I know, they

are trying to make us break up, they are

trying to find an excuse to stop us. Then it

happened again and they moved over on the

marchers. This time the sanitation workers

put their hands on the car, and like that the

police cars all up and down that line

stopped. They were all filled with

officers.

These officers poured out of the

cars with cans of mace and proceeded to mace

everybody they could mace. They had some

targets. They dragged off two or three

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people, I don't remember how many. People

like Jerry Worth were given a full dose of

it. I had glasses on, and so they are macing

me in the face.

I stayed on my feet and kept

blinking my eyes rapidly. I got it into the

eyes and I tried to cry so that my eyes would

keep washing it out. The march was broken up

in that fashion. I realized that they had

planned to do it.

I don't think Holloman had planned

that to happen. I don't believe he did at

all. But the officers in the field decided

we were not going to march down to Mason

Temple.

So most people scattered. A few

people were arrested. But some of us

remained on the scene. So I suggested to

those of us who were around, let's continue,

we will walk on the sidewalk and we'll go on

to Mason Temple.

So as a consequence, we went --

probably fifty, sixty of us we managed to

stay together and we walked on the sidewalks

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and went on to Mason Temple.

By the time we got there, people

were coming from all directions, and lots and

lots of clergy were descending on it. At

that point we had a major community meeting

that said that this was deliberate and we

must organize ourselves to resist in every

way we can and to see to it that this strike

was successful.

At that meeting, then, a strategy

committee was appointed made up of

representative people in the community and

folk from the union. I had to leave because

I had some hospital calls that were urgent,

because this was about six o'clock, seven

o'clock, now at night. So I left the meeting

before it concluded. But I was asked to be a

member of the committee.

After I made my hospital calls and

all and got back home probably nine, ten

o'clock that night, I had a call, a phone

call, as I recall, from Harold Middlebrook,

one of the ministers in the city, who said,

Jim, the committee was formed and you, of

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course, know you are on the committee, but

the meeting asked that you become chair of

the strategy committee and call the

meetings. I said, okay.

I started organizing things. We had

a meeting that Monday. This might have been

a Friday. I called an immediately a meeting

that Monday. We called at the meeting the

members of the committee as Harold

Middlebrook gave me their names during the

weekend, and at that meeting we had our first

strategy meeting about how do we mobilize our

community to really now stay behind this,

because this is a serious struggle, what the

police did was unwarranted.

In that meeting we decided let's

begin mass meetings. So we began planning

and called mass meetings that very week, that

is, a mass meeting being a gathering

usually -- not usually, but gathering in a

church. This was a common model that we used

throughout the 1960's in the South.

Then we said we will bring in some

national spokespeople. We mentioned Roy

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Wilkins, Bayind Rustin, a number of names,

Martin King. So we made assignments to

different people that worked with different

names to get them there immediately for mass

meetings.

Of course, because of my ongoing

connection with Dr. King, I was asked to

contact Dr. King. I did almost immediately

and asked him to come to Memphis.

In our first conversation I briefed

him on the march. He knew about it already,

of course, because it was in the news. He

agreed immediately that he would come, but,

of course, he also said, you know my

schedule, I have to negotiate with it. I

understood that readily and easily and told

him, well, you name the date and we'll be

ready for you when you name the date.

So we left off that phone call with

his telling me that you keep in touch with

me, if I'm not available, talk to Ralph

Abernathy. I talked to Ralph, and we left it

with that. He and I pretty much stayed in

touch until he gave me the date of March 17th

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or 18th, I don't remember exactly. I didn't

look it up. That is when he was coming.

So that's how he got involved. And

he was invited as a spokesperson, he was

invited as who he was, as a symbol, and he

was invited also because from my perspective

the sanitation strike was a part of the

movement up to that time.

Q. How did he see this in relation to

the Poor People's Campaign that was to

descend upon Washington later that spring?

A. Well, the executive staff of SCLC was

very much opposed to him changing his

schedule to come, but he insisted that the

sanitation strike was an economic struggle in

part and that he would nevertheless do it.

The way he compromised with them was

that in some of our planning meetings, we'll

just have one of our planning meetings in

Memphis, which means that we can do it there

just as easily as in Atlanta or in Jackson,

Mississippi, so we'll have an executive

committee meeting.

When they arranged that executive

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committee meeting, I suppose that King made

the decision that he decided it would be in

Memphis and brought the executive committee

meeting to meet in Memphis I think on that

Tuesday. It was the Monday that we had the

mass meeting when they came to town. Then I

think they met the next day as the executive

committee planning the Poor People's

Campaign.

Q. So some of the planning took place

here in Memphis?

A. A lot of the planning took place here

in Memphis then because not only did they

have those meetings here, but then also they

decided that Memphis would become the

starting point for the caravan of poor people

that would go -- that would caravan to

Washington. It was decided that Memphis

would become the launching point for the Poor

People's Campaign.

Q. When he arrived on March 17th to

Memphis, do you recall where he stayed, what

hotel he went to?

A. He stayed at the Rivermont. Now, I

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want to add to that that this was not the

first time Martin King had been in Memphis.

He had been in Memphis for a number of

different things, for the National Baptist

Convention, for SCLC board meetings. So

Memphis was not a strange place for his

coming here.

I can say something more than that.

In 1966 in June James Meredith started his

march against fear into Mississippi. James

Meredith was the first black man to be

enrolled in the school of -- in the law

school at the university, in Ole Miss. So he

decided to try to help break the fear that

was in Mississippi among many, many black

people registering to vote or any kind of

participation in trying to change their

situation, that he would do this one-man

march. But he was shot just outside of

Memphis in Hernando, Mississippi.

I was in my office in the church I

think it was the Monday that he was shot and

immediately had a call from Martin King who

said, have you heard about Jim Meredith being

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shot? I said, yes. He asked me if I knew

how he was. I said I didn't know but I knew

the hospital he went to.

So he asked me if I would go make a

call on him immediately on his behalf and my

behalf, a pastoral call, and then say to him

that he felt that we should not permit his

shooting to stop his march, his injury to

stop his march, and that some of us would

come on the next day and pick up where he was

shot and continue walking down the highway in

Mississippi.

So I agreed with that and said that

was -- felt that was absolutely right for our

strategy. Then I immediately made

connections with the hospital and with Jim

Meredith's lawyer, attorney, who was a member

of my church and a trustee in my church, A.

W. Willis. So A. W. Willis immediately

called his client and paved the way for me to

go on to the hospital and see him.

So that afternoon I went to the

hospital, had prayer with him and talked and

visited with him and told him about King's

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call and that King would come to see him the

next day. And he agreed to all of that and

so forth.

So the next morning I picked Martin

King up at the airport. As I drove up to the

airport -- we had a Dodge station wagon. By

this time we had three young children. My

wife and our sons were visiting in East

Tennessee with her parents, so I was alone

that week, and so I had the station wagon,

and I drove it up to the airport. As I got

to the departure concourse at the airport,

the departure lane, I noticed two

well-dressed black men on that patio, and as

they saw me pull up, they walked towards the

car and said, Reverend Lawson, you can park

there and just leave it there, we talked to

the police, airport police, and it is okay.

That is the first time that had ever

happened to me. They then came up to the car

and introduced themselves. Then they said,

the Commissioner of Fire & Police Claude

Armour has detailed some of us who are

homicide detectives and robbery detectives

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and we have been instructed that any time

Martin King, Dr. King, comes to this city, we

will see to it that he is secure.

Then he went on to say that if you,

Reverend Lawson, will cooperate with us when

he comes into town, if Dr. King will

cooperate with us, he said, we can assure you

that nothing will ever happen to Dr. King

when Dr. King is in this city.

So from that time on, whenever he

came to Memphis, that group of homocide

detectives and other detectives were relieved

of all other duty. They gave him

twenty-four-hour surveillance. They talked

to his office and him about where you will be

safest, where are the places he could be most

secure.

So he mostly stayed at the Admiral

Benbow I think on Poplar and at the Rivermont

at their suggestion most of the time.

Q. One of those officers has testified

before this court --

A. Okay.

Q. -- about the removal of security in

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the local conspiracy side of this case

previously.

Are you aware of other instances

where that team was formed to protect Martin

King when he came to Memphis?

A. Well, don't recall them all, but I'm

well aware that this happened more than once,

because I know specifically Memphis became

the organizing place for this March, then,

through Mississippi, and my congregation, my

church, became the center of it. We set up

headquarters there, which meant, therefore,

that I had to put into operation expanded

phone lines and all of that, office space, so

that we could do it.

It also meant that Dr. King made

frequent calls when he came into Memphis to

join the march, because this was the best

airport site, and, therefore, I do recollect

that any number of times that detail was

assigned to his care.

Q. Are you aware of your own personal

knowledge and recollection whether or not

that detail was formed on his last fatal

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visit to Memphis?

A. No. I happen to know afterwards that

that detail was not organized on his April

3rd visit to -- April 3rd, 1968, visit to

Memphis. They were not assigned.

Q. His second visit, next visit to

Memphis, after March 17th and 18th, was to

lead a march on the 28th --

A. Of March.

Q. -- of March?

A. Yes.

Q. Would you just briefly describe what

you recall about that visit and that march

which took place about a week before he was

assassinated.

A. Yes. When he spoke the Monday night

of the 17th or the 18th, you should remember

that this was the largest such mass meeting

that had occurred in the movement up to that

time in the southeast. Because in the

Southern states we had no public places to

meet. We couldn't meet in a high school

auditorium. We couldn't meet in a high

school stadium.

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So when we had mass meetings, these

were exclusively in black churches, and we

did not have sizable church sanctuaries for

huge meetings. In Birmingham in 1963, in

order to try to accommodate the need for mass

meetings, we would have meetings, mass

meetings, the same evening in five, six,

seven churches all around the city. And Dr.

King and Dr. Abernathy would have to go to

all five of those places and speak. They

would end up one or two o'clock in the

morning finishing those mass meetings. This

was in Birmingham. We had no Mason Temple.

I told Dr. King from the beginning

that in Memphis we have sizable church

sanctuaries, but we have the Church of God in

Christ Mason Temple which will seat eight

thousand people and another five thousand

people can stand in the huge aisles easily

and then with a big parking lot.

The night he spoke, we probably had

twenty-five thousand people jam-packed in the

building and in the parking lot. It was a

magnificent experience. But that was the

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largest mass meeting in the movement in the

Southeastern states that Martin King had

spoken in. It was an extraordinary

experience, and after he finished speaking,

members of the executive committee of SCLC

went to him and said we should come back and

march with them.

He called me over and said, what

would it be like, Jim, if I decided to come

back for a march? I said, wonderful, as far

as we're concerned. Then he said, well,

let's do it. He went back, then, and I

suggested to him he go back to the podium and

announce this. Of course, it was met with

thunderous approval.

Q. What happened, Jim, on that March on

the 28th?

A. All right. So on that march Dr. King

and the folk who came with him were late in

arriving. As I remember, we were supposed to

start the march at ten. They did not get

there for varied reasons until eleven. And

against my better judgment, I went ahead and

started. I won't go into all that because

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that is another whole story.

We went ahead and started, but as we

proceeded down Hernando Street to Beale

Street, I saw that already there was no

differentiation between those of us in the

street and those on the sidewalks. It was

not very orderly, from my perspective. But

at the urging of others, we went ahead and

did it. So we hit Beale Street and then

turned on Beale Street towards Main Street.

The block just before Main Street, I

heard what I thought to be maybe windows

shattering behind me. I was the marshal for

the march, so I was up in front. But a group

of other marshals, all clergy, were about a

block in front of me. But the crowd was

everywhere. When I heard that, I grabbed

another marshal and asked him to go back and

see what was going on and see if he could

stop whatever it was and urged the marshals

to become stronger in pushing the march into

the street.

Then I asked Assistant Chief of

Police Lux, who had joined me in the street

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for a few moments, for a bullhorn, which he

quickly procured for me. As I turned the

corner at Main Street and looked ahead, I

heard again what I thought to be some windows

shattering behind me, but as I looked ahead

on Main Street, in the next block and the

next block, I was struck by, one, that in the

second block ahead there were people on the

street busting windows, but, more importantly

there was a phalanx of police officers, I do

not know how deep, in battle gear, helmets,

shields, face shields, all across Main

Street.

When I turned that corner, they were

there two blocks ahead. They were doing

nothing to stop whoever it was busting

windows right next to them. I said to

myself, well, they are there in order to

break up the march again. I said, their

target will be Dr. King, Martin King.

So I ran up to our group of

marshals, which was about a block ahead of

me, and said to them, I want you to stop at

an intersection, I think I said, which was

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about a half a block away from the phalanx of

police. I said, I'm going to stop the march,

I'm going to ask Dr. King to leave the area,

and I want you to stand and turn to face us.

I'm going to turn the march around. I want

you to be the last group coming back down the

street and we'll go back to the church and

we'll disburse.

So I rushed back, then, to the first

line of the marchers, which Dr. King was in

the center, and I said to him, Martin, the

police are up ahead, they plan to break us up

and you are going to be their target and I

don't want you to be here. He protested.

Ralph Abernathy was on one side of him and

Bishop Smith, a CME bishop, was on the other

side of him, and Henry Starks, an AME

minister, was in the group there, and they

all agreed with my analysis immediately.

So I said, I know that you don't

want to do this, I said, but I want you to

leave, because I don't want them to get to

you. I asked them then to go down McCall. I

asked Henry to take Bishop Smith and Dr. King

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to McCall Street and go back to the Rivermont

Hotel. I used the bullhorn to tell the rest

of the marchers to turn around and go back to

the church where we're going to disburse. I

added that the police are planning to use

their nightsticks and mace and what not on

us, they are going to break us up, so let's

go back.

So in that spirit they turned around

in the street and we proceeded to make our

way back. I moved through the march with the

bullhorn making this same announcement until

I reached Beale Street. Then I went back up

Beale Street again to continue making that

announcement. We had an orderly return to

the church. Some people stayed at the

church, but others went on to their cars and

went home per what we suggested people do.

By this time I could see on Beale

Street and Main Street havoc going on, mayhem

going on, people busting up windows and what

not, and the police very energetic in beating

people up and dragging them through the

streets. That police activity went on all

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afternoon. There are lots and lots of

witnesses to that.

They used it as a pretense. They

beat up Vietnam veterans who were having

breakfast five blocks away. They beat up

Harold Whalum, who was an insurance

businessman well-known in the city. He was

some blocks away. They broke his skull and

so forth. He was not doing anything but

walking to his car.

Q. To your recollection, was that the

first march or non-violent demonstration

which Dr. King participated in which you were

associated with certainly that turned

violent?

A. Well, let me say it another way. We

had demonstrations where other people were

violent toward us. The marches in

Mississippi, the marches in St. Augustine,

Florida, for an example, where we had

deputized posse sometimes on horses throwing

stones, beating up on us and what not. So

the violence came then.

At this time what I want to say is

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very clear, and I'll write this in my memoirs

one day, that it was the police violence that

provoked this. There were probably

provocateurs who did the looting.

We learned later from our pictures

and community photographers that many of the

looters were Beale Street professionals who

told our people that you dried up downtown,

so you stopped us from working, that is,

pickpockets who had no crowds on Main Street,

for an example. I was astonished at this.

We had many pictures, we had many leaders,

many block workers, who went through all

those pictures the next several days,

pictures of looters and what not, trying to

identify them for ourselves so that we could

see what happened, what went on.

Q. Were you aware of the presence of

out-of-state people at that time?

A. At that time I was not aware, but

I'll never forget -- I don't know if I would

recognize him today, but I'll never forget

one young man who I had never seen before, I

tried to appeal to him. He was rabblerousing

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about this isn't the way you can get anything

done. Well, I spotted that immediately. One

of the marshals told me before the march

began. So I went to him.

I went to the corner where he was

rabblerousing and pulled his shirttail and

asked him please to stop, that if he had a

different theory, then he ought to take it

someplace else, but if he was going to be on

the march, he should try to carry out the

leadership of the community and not go his

own way.

Q. Why did Martin King come back to

Memphis after this march, this disruption,

why did he come back to Memphis for the last

time?

A. Well, because we had a principle in

the non-violent movement. It went like

this: We will not injure you, but we will

absorb your injury of us because the cycle of

violence must be broken. And if we respond

to your violence with violence, then all you

do is escalate the violence. We want the

cycle of violence in America and racism

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stopped. So we will take it on ourselves, we

will not dish it out in kind.

The second issue that was important

to us, we said, was that when the enemies

proceed to do violence against us, we must

not let their violence stop our movement.

That had become kind of a cardinal notion in

the movement all across the South.

So as an example, when the freedom

rides in 1961 hit bus burnings and vigorous

assaults, the KKK and even the police in

places like Montgomery, Alabama, all across

the movement, we said, well, the freedom ride

will continue. I myself went to Montgomery

and was in the first bus from Montgomery to

Jackson, Mississippi, where we were

arrested. We said we cannot permit violence

to stop us.

Dr. King said I know that the

non-violent movement can have a non-violent

march in Memphis. So we will do it. He was

quite determined to show himself and us and

the nation that the movement could have a

non-violent movement.

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Q. So he returned to Memphis on the 3rd

of April to have that follow-up March, a

successful non-violent March?

A. A non-violent March, right, to better

organize it and everything else.

Q. What can you tell us about that last

visit to Memphis and what took place, your

personal recollection, up to the time of his

assassination?

A. Let's see. Martin King came in I

think the 2nd or the 3rd. I don't recall

precisely. But one of the major issues when

he came into the city was the fact that city

government had taken a -- had gotten a city

court injunction against our marching.

Very much in the movement, in the

leadership of the movement, we had made the

determination that when a city took an

injunction against us, we would initially

take it to federal court and try to get it

overturned. If we could not get it

overturned, we would march anyway.

So when that injunction was taken

out that early part of that week, I called

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him and let him know about it and told him I

was putting together lawyers to go to the

federal court and challenge it and see if we

could get it reversed.

So when he came in, first on our

minds was that injunction that named the

movement in Memphis, Dr. King, Jim Lawson and

others. As I recall, that's the way the

injunction was written. So that meant, among

other things, being on the strategy

committee, that I had to be the witness in

court for Memphis, in the federal court. And

Dr. King named Andrew Young to be his witness

and spokesperson for SCLC.

So we organized lawyers to challenge

the injunction. We had meetings with them

that week. And then when Martin came in, one

of the first meetings we had was with the

lawyers and Dr. King.

Bill, I hope you'll understand --

Mr. Pepper, I hope you'll understand that I

use "Dr. King" and "Martin," but, remember,

we had an eleven-year or so friendship and it

was always "Jim" and "Martin" --

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Q. Sure. No, that's fine. Of course.

A. -- on every situation. So that was

the day. So on April the 3rd we had a

meeting at Centenary United Methodist Church

where he spoke to clergy. We had a mass

meeting planned that night at Mason Temple

April the 3rd. In mid-day or mid-afternoon

on that April the 3rd, it began to storm in a

typically Memphis rainstorm. I have

experienced no such storms like that in Los

Angeles. But it began raining maybe three or

four o'clock. This was not off-and-on

raining. It was a steady downpouring the

rest of that day.

Of course, Martin and Ralph

Abernathy were to speak in Mason Temple, but

with that rain, when I went to pick them up,

and I agreed I was going to pick them up, it

was still pouring rain, and Dr. King was

convinced no one would show up at that Mason

Temple with all that rain. Ralph and I could

not dissuade him.

Finally, the three of us agreed that

Ralph and I would go on to the meeting, and

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if we felt that Martin had to come to the

meeting, then one of us would get him on the

phone and call him back, that he would stay

in the motel for the time being, but when he

got his call from us, that he would come on

over. So that's the way we left it. We went

to the meeting. Of course, in the downpour,

probably by this time four thousand, five

thousand people, had gathered.

They were, of course, obviously

there to listen to Dr. King, not to me or not

to Abernathy or to anybody else. And so

shortly after we got there and sensed the

meeting, I think Ralph was the one that went

to the phone and called Martin and asked him

to come on. And he came.

Q. And delivered his last speech?

A. And delivered that last speech in

Mason Temple. That was an extraordinary

experience, too. I've never been in a

meeting like that before.

Q. Did you see him at all the next day,

which was the last day of his life?

A. I saw him on my way to the federal

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court. March the 4th was when we were having

the hearing against the injunction. I went

by the motel to visit with him briefly to go

to court. And that was actually the last

time I saw him.

Q. So you didn't see him after that.

What time of day was that?

A. This was about nine o'clock. I think

court was to open at nine or something like

that.

Q. Where were you when he was

assassinated?

A. I was in court until about -- I got

the judge to excuse me around two o'clock

after I testified. I went back to our

movement office in order to check phone calls

and check the strategy of the march and do

any other kind of business that needed to be

done.

Then by about five-thirty probably I

started making my way home, because Dorothy

and I had a solemn sort of covenant that no

matter what was going on in our lives, that

we would gather for supper around six with

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the boys and eat as leisurely as we could.

Then if I had to go back out, I went back

out.

So I moved on to home. Shortly

after I got home, close to six o'clock, there

was a television set on in an alcove off the

dining room, and I heard something about

someone being shot, and I was in the kitchen

greeting Dorothy when I heard that over the

television. I went to the alcove to see if I

could find out what that was, and as I did

so, then they flashed a kyrin on the bottom,

writing on the television set, saying Dr.

King has been shot at the Lorraine Motel,

then another kyrin that said he was being

rushed to St. Joseph Hospital.

I immediately turned and told

Dorothy what that was and had said, look, you

will need to -- I will rush to the radio

stations to make comments to keep the

community moving in the right direction. You

should get ahold of Holloman and tell him

that I'm breaking the curfew, because I'll be

moving from place to place -- and that is

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Frank Holloman, commissioner of fire and

police -- and tell him that he is to be sure

that I had access to move about the city

while this is happening.

THE COURT: Give me five

seconds.

(Brief interruption.)

Q. (BY MR. PEPPER) Jim, from that day to

this have you been concerned about how Martin

King was assassinated?

A. Yes. Almost immediately there were

things that troubled me about the

assassination. I learned within the next

day, next twenty-four hours, that his normal

security group from the police department had

not been assigned.

I learned that one or two firemen,

and I've not tried to check on these details,

but one or two fire then who were in the fire

station across the street katty-cornered from

the motel, black firemen, were transferred

from that station in ways that at least those

firemen thought was unusual. They contacted

me and Ralph Jackson and one or two others

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about their removal. They were not what they

considered to be normal removals. The fire

station let's say was over here and the motel

here. It had clear vision.

I learned that Ed Redditt, who was

on surveillance from the fire station, was

moved an hour before. I learned that patrol

cars that were in the region when he was

there patrolling on Mulberry and Main and

what not suddenly disappeared, were nowhere

to be found.

I discovered that on April the 4th,

the night of that day, that there was on the

police band the notice of a white Mustang

fleeing the city in the north who got away.

There was never any explanation of how that

call got on the police band. Ostensibly it

was accessible only to the police.

Well, now I know that there were two

white Mustangs. I've met the drivers of both

of them quite some time ago. The one driver

was James Earl Ray. I visited him in

prison. I can't remember the name of the

other driver, but I sat in an airport in

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Nashville two or three years ago with the

second driver of the second white Mustang,

and he told me who he was, why he was in

Memphis and whose car this belonged to. We

know now that there were two white Mustangs

in Memphis on the April the 4th evening.

These questions were never answered

to my satisfaction. I pondered them. I

wondered why when Martin King had stayed more

often in the Admiral Benbow and in the

Rivermont, I wondered where this letter came

from or where this report in the newspaper

came from about why is this civil rights

leader not staying in the perfectly good

negro motel, why is he staying at that white

motel. I wondered about that.

I wondered how they had two or three

different names for whoever they were

seeking, how did that go on? What was that

about? Then when they captured James Earl

Ray and they came to the prison, they fixed

up -- they had him in the county jail, and

they fixed up a special cell with

twenty-four-hour surveillance, no privacy,

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twenty-four-hour lights. He had no privacy

whatsoever. He complained.

I kick myself now that I did not go

down to the county jail and talk to William

Morris about why this was going on. It

reminded me of something quite specific. It

reminded me of the brainwashing that our GI's

had in the Korean War.

I'm a heavy reader, and I have

followed much of public life for over fifty

years in all kinds of newspapers, magazines

in the nation, news magazines, magazines of

all kinds. I've read Newsweek, for example,

for over fifty years. I started in junior

high school. So I've observed these things.

When I saw this, I was astonished.

I said to myself, what is going on here?

This is the man, why are they torturing him.

That was brainwashing from Korean experience

according to the things I read from our

GI's. If they've got the evidence about him,

why not just simply go to trial.

Then when they had the

plea-bargaining business, I said to myself,

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here is this justice system, the most

important American perhaps other than the

President of the United States has been

killed, and they are going to have a

plea-bargaining instead of a full-scale trial

so that a court of law can tell us, can give

us a full transcript of what that murder is

about.

So these things bewildered me and

made me upset. As I said, I fault myself

that I did not take up the cudgels in

especially 1968, the end of 1968, 1969, when

James Earl Ray was petitioning the court for

relief from this treatment that was making

him sick, keeping him from being able to

sleep, therefore keeping him from being able

to deal with what was going on and what he

needed to do for his own defense.

Q. Have you maintained your interest

down to the present day --

A. Oh, yes.

Q. -- in respect of this case and

efforts, your efforts?

A. Yes. I followed the Congressional

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hearings in the late 1970's or whenever that

was. I talked with Congressman Walter

Fountroy, who was the chairperson of the King

investigation, visited him in his office.

I talked with him, I talked to some

of their -- I guess their investigators by

phone. I was called before that

Congressional committee. But when they were

putting my session in executive session, I

declined, because I felt that if you are

going to have hearings on this important

matter, they should be public.

Q. Will you explain to the jury and the

court what "executive session" means?

A. An executive session meant there with

be no public there, no newspaper, just the

committee asking the questions and just the

witness. They wanted to question me under

executive conditions.

I frankly told the committee -- I

went in and told the committee that I

wouldn't testify under those circumstances.

I think this was too important a matter for

them to hold execute sessions.

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Q. Did you form any personal opinions

yourself with all of your concerns and your

consideration of this case?

A. Well, especially in the 1970's when I

went and visited James Earl Ray in prison,

which I did do. I had read all along the FBI

scenarios that James Earl Ray was a racist.

Well, when I visited with him the first

couple of visits I could not discern that he

was racist any more than any of the rest of

us are racists.

As a black man, I think in my

relationships with all kinds of people I can

discern and have been able to discern when

people are in trouble from their prejudices

and bigotries. It is not only in their eyes

but it is in their face, it is in their

language. I did not catch any of that from

James Earl Ray.

In comparing notes with people like

Ralph Abernathy and Jessie Jackson and Dick

Gregory, they all said that in their visits

with him, they could not discern that he was

a racist. I think that group of men would be

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a better judge of who is a racist from close

up than anyone else, certainly better than

the FBI.

So that gave me some grief, because

it just seemed to me the motivation they were

putting up was absolutely wrong. Of course,

I continued to have relationships with James

Earl Ray and was at his funeral, I married

him in jail, I visited him within the last

couple of weeks of his death, had about an

hour and a half long visit with him. It was

a pastoral visit. I prayed with him. I read

scripture to him. I was just convinced that

the man was not a racist.

Q. Finally, Jim, this action in civil

court, this civil court proceeding here, is a

conspiracy and a wrongful death action. It

concerns a family who have lost a husband and

a father.

A. Right.

Q. But because of who that husband and

father was, it is not -- it doesn't stop

there in terms of a loss to the nation.

Could you just finally summarize for us what

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you think is the loss to this Republic of

Martin Luther King.

A. Well, from my point of view in the

1960's Dr. King was the Moses of this

generation and for America. He was a prophet

for the nation. He was the centerpiece of a

movement that was emerging. And the work --

the movement had not yet matured in spite of

the controversy within the struggle, which

was natural.

King was the central voice for the

black people of America with no one close to

representing what he represented for us. You

can go back and search the national studies

of that matter. Ninety-eight percent of

black people in America said that King

represents us. No one was close to ten

percent to that.

So in spite of all the

controversies, then and since, he was the

architect of the movement. And the movement

was at a critical place. We knew that we had

to redirect our energies.

In 1967 he and I had several

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conversations about the need for a

moratorium. We had agreed after one of our

conversations in December that after the Poor

People's Campaign we're going to call off all

demonstrations among ourselves and we're

going to take six or eight months to

restructure and reorganize.

He and I had agreed in that meeting

at the staff and the board in December where

we talked at length about this that we would

continue our conversations in 1968 through

the Poor People's Campaign and then

afterwards SCLC was going to take a major

leap forward for the purpose of

reorganizing.

We didn't have a national movement

yet. We had had cosmetic changes that were

important, the Civil Rights Bill of 1964, the

Voters' Rights Bill of 1965, the anti-poverty

program. There were a whole slough of things

that were happening. But the structures of

the injustice and cruelty had not yet been

challenged and had not yet really begun to

change. These still have not changed.

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So we were at a critical point. In

my judgment the assassination of Martin King

and the assassinations of the 1960's,

including the assassination of Malcom X,

meant that the movement did not have the

chance to go to the next stage. And young

men like King and Malcom X and some others

represented emerging leadership that would

have been able to help the movement and the

nation do some major reform.

Q. Has that leadership ever been

replaced?

A. No, of course not. The

assassinations of the 1960's changed the

nation forever. We are worse off in many

ways than ever before.

Right now we have nearly forty

million impoverished people in our country.

Two hundred babies die every day in America

before they are one year old because they do

not have the access to the nourishment they

need in order to live. These are white

babies, these are black babies, these are

Latino babies. These are babies from many

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different walks of life, and they are babies

of every state of the union. That is

disgraceful.

Q. And of every color and complexion?

A. Of every color and complexion.

Q. So was he not in fact the leading

spokesman and advocate for the wretched of

the earth?

A. Yes, exactly. Exactly. America has

never been able to deal with the issue of

slavery, never been able to deal with the

issue of the oppression of women, never been

able to deal with the issue of the notion

that even today many huge business people

have mainly that a lot of people ought to

work and not make living wages.

These are three major issues that

this nation has been unable to face. They've

not been able to deal with the violence with

which we maintain this status quo that hurts

and maims many souls.

The movement was aimed at reversing

that. King's motto was, the SCLC motto, it

was not civil rights, it was redeem the soul

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of America. That was our motto.

So you see right away that that is

much larger than getting a hamburger at a

lunch counter.

MR. PEPPER: Nothing further.

Thank you, Jim.

THE COURT: Mr. Garrison.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Reverend Lawson, you and I have

talked previously. I have just a few

questions to ask you. You had mentioned

earlier, I believe, that Dr. King had several

threats on his life. Was this within close

proximity of the time of the assassination

that you are aware of?

A. The threats upon his life were

daily. The rumors in Memphis were rampant

about death threats to him. Afterwards I had

calls from people who told me, for example --

I won't name the businessman who had a woman

who was his housekeeper who said that while

she was serving him supper, they were talking

about the imminent assassination of Martin

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Luther King in Memphis. This was just maybe

the week before the assassination.

Q. You weren't there the day of the

assassination -- I mean, you were not at the

location?

A. I was not at the motel at the time.

Q. Have you ever had any investigation

or that you have conducted that would

indicate as to where the shot may have come

from?

A. Oh, yes. I can't name them all, but

there were at least -- there were five or six

people on the grounds at the time that the

FBI and the local police never interrogated.

Jessie Jackson was on the ground floor. He

has never been interrogated.

Jim Orange was one of our field

directors. He claims that he saw a figure

and smoke in the brush outside -- this side

of Main Street. He has never been

interrogated.

There is a New York Times reporter

who was on the same floor of the balcony. He

has written this in his book now, that he has

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never been interrogated. He saw smoke or a

figure in the brush above the motel (sic).

So there were a number of people who

were on the scene who are not to be found in

the Congressional record or in the official

police reports, but they were there.

MR. GARRISON: I believe that's

all I have. Thank you.

MR. PEPPER: Nothing further.

THE COURT: All right. You can

stand down, Reverend Lawson. We're going to

lunch. I know you don't want to remain this

the courtroom at this time.

(Jury out.)

(Lunch recess.)

THE COURT: All right. Bring

the jury in, please.

(Jury in.)

(Bench conference outside the

presence of the court reporter.)

THE COURT: All right. You may

call your next witness, Mr. Pepper.

MR. PEPPER: Thank you, Your

Honor.

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Plaintiffs call Maynard Stiles.

MAYNARD STILES

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Stiles.

A. Good afternoon, sir.

Q. Thank you very much for coming here

this afternoon.

A. You are welcome.

Q. Would you state your full name and

address for the record, please.

A. My name Maynard Stiles. I reside on

Highway 57 in Fayette County, Tennessee.

Q. And you are presently employed?

A. No. I'm retired.

Q. And how long have you been retired?

A. I retired in January of 1989.

Q. What did you do prior to your

retirement?

A. I served in various capacities of the

City of Memphis, including the director of

fire services, director of public works,

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director of sanitation services, purchasing

agent for the city.

Q. You've been a long term public

servant in Memphis and Shelby County?

A. I was there for a few years, yes,

sir.

Q. Were you at one time an official with

the Department of Public works?

A. Well, I was director of public

works. Prior to that I had been

administrative assistant to the director of

public works, and sanitation at one time came

under public works, and I was in the

Sanitation Department at that time.

Q. I see. Did the Sanitation Department

come under public works in 1968?

A. Yes, it did.

Q. And what was your capacity in 1968?

A. You know, I'm not sure I can tell

what you the exact title was. It was either

a division superintendent or a district

superintendent, whichever was higher, within

Sanitation.

Q. So you were a senior official in the

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Sanitation Department at that time?

A. I was over approximately one-third of

the city.

Q. What did your duties encompass in

that position?

A. Well, the collection of garbage was

primary, but there were various and sundry

other things, such as street cleaning, the

collection of trash, the operation of

landfills and various administrative duties.

Q. Right. Were there any sort of

cleanup duties connected with your office at

that time? Were you overlooking any of that

activity?

A. Well, we did cleanup on a continuing

basis. After the strike, everything was

combined -- or when the strike began

everything was combined and we worked out of

one operation, and one of my duties at that

time was liaison with the Memphis Police

Department, and it could encompass anything.

Q. Right. So you were a liaison officer

from the Sanitation Department to the Memphis

Police Department at that point in time?

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A. At that point in time.

Q. All right. Who was the Memphis

police department officer or inspector who

was your counterpart or with whom you

liaised?

A. I believe that was Sam Evans.

Q. Inspector Sam Evans. Now, on the

morning of April 5th, 1968, the morning after

the assassination of Martin Luther King, did

Sam Evans call you early in the morning?

A. I received a call from Inspector

Evans on or about seven a.m. requesting

assistance in clearing brush and debris from

a vacant lot in the vicinity of the

assassination.

Q. If you would just cast your eyes over

here, Mr. Stiles, for a moment, this drawing

shows Mulberry Street and South Main Street,

and in between the two of course the fire

station, parking area and a rooming house,

and behind this rooming house a grassy or

brushy, woodsy kind of area. Was that --

would that be the area that Inspector Evans

requested that you clean up?

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A. That appears to be the area that he

requested we send crews to assist in the

clean-up, yes.

Q. Right. And what did you do in

response to to that request?

A. I called another of the

superintendents in sanitation, Dutch Goodwin,

and he assembled a crew working under a

foreman, Willie Crawford. They went to that

site and under the direction of the police

department, whoever was in charge there,

proceeded with the cleanup in a slow,

methodical, meticulous manner.

Q. And about what time of day would they

have started that clean-up? Do you know?

A. Well, I can't tell you exactly. But

if I didn't get the call until after seven

and I called them immediately afterwards, by

the time they got crews together and got

there, it probably was no earlier than ten

a.m.

Q. Okay. So they started that morning,

as you call it, with a meticulous cleanup of

this entire area that was over grown, heavily

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over grown with brush and bushes?

A. Correct.

Q. Did you yourself go by that scene to

see how it that cleanup was progressing at

any time?

A. I didn't go by to see how it was

progressing. I went by to see if I could

give them any assistance in any other way.

Because it wasn't up to any of us as to how

it was progressing. That was up to the

police department.

Q. Do you know how many men were

actually -- did you notice how many men were

actually involved in the cleanup over there

of the brushy area?

A. I'm afraid my thirty-five year old

memory is not quite that good.

Q. Would it have been more than two?

A. Yes, it would have been more than

two.

Q. Right. Okay. So there is no

question in your mind that that area, that

brushy area, was carefully, meticulously,

cleaned up on April 5th, starting on April

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5th, the morning after the assassination?

A. That's correct.

MR. PEPPER: Thank you,

Mr. Stiles. No further questions.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Stiles, let me ask you

something. When you were there -- you were

there the day it was being cleaned up. Am I

correct, sir?

A. That's correct.

Q. Did you see anyone in that area other

than the Memphis public works personnel that

you noticed?

A. Well, representatives of the police

department.

Q. But most all city employees that you

see in that area that you recall?

A. If I'm not mistaken, I saw someone

taking pictures. Now, whether that

individual was a representative of the police

department or a civilian photographer, I

can't say.

MR. GARRISON: That's all.

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REDIRECT EXAMINATION

BY MR. PEPPER:

Q. Mr. Stiles, has any researcher or

book writer, particularly in recent times who

has written about this case, attempted to

interview you and take your story with

respect to this cleanup?

A. No.

Q. No one has?

A. No book writer. I've had contacts

from the Justice Department.

Q. Yes, of course. But no book writer

has tried to take your story and research it?

A. No.

MR. PEPPER: Nothing further,

Your Honor.

THE COURT: All right,

Mr. Stiles. You may stand down. You can

remain in the courtroom or you are free to

leave.

(Witness excused.)

THE COURT: Your next witness.

MR. PEPPER: Plaintiff's call

Olivia Catling to the stand, Your Honor.

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OLIVIA CATLING

Having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Ms. Catling. Thank

you very much for joining us this afternoon

and coming down.

Could you state your full name and

address for the record, please.

A. Olivia J. Catling, 375 Mulberry.

THE COURT: Spell your last

name, ma'am.

THE WITNESS: C A T L I N G.

THE COURT: Catling. Thank

you.

Q. (BY MR. PEPPER) Ms. Catling, I

believe you have carried some burdensome

information with you for over thirty-one

years. Is that right?

A. I do.

Q. You've come here this afternoon to

share it with us. Is that right?

A. I will.

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Q. And have you ever told this

information to anyone else?

A. No, I haven't.

Q. Either inside or outside a court of

law?

A. Outside -- outside the court there

have been times I have.

Q. You have?

A. With the kids or whatever, husband,

whatever.

Q. Members of your family?

A. Uh-huh.

Q. Ms. Catling, could you tell us where

your house is on Mulberry Street?

A. My house is between Huling and Talbot

just off of Main.

Q. Just off Main?

A. Uh-huh.

Q. Where were you living in 1968, on

April 4th, 1968?

A. At 375 Mulberry.

Q. All right. Now --

MR. PEPPER: May I approach,

Your Honor?

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THE COURT: Yes.

(Mr. Pepper approaches diagram on

easel.)

Q. (BY MR. PEPPER) Now, where is 375

Mulberry from here? This graph is cut off

right at Huling.

A. That's Huling.

Q. The other side of Huling?

A. Uh-huh.

Q. On which side of Huling?

A. Where I was standing or what?

Q. Which side of Mulberry was your

house?

A. That side.

Q. That side?

A. Uh-huh.

Q. The west side?

A. That's right.

Q. And where were you on the 4th of

April, 1968, at around six o'clock in the

afternoon?

A. It was just before six o'clock.

Q. Just before six o'clock. Where were

you at that time?

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A. I was at home.

Q. You were at home. What did you hear

around that time?

A. The shot.

Q. You heard a shot?

A. I sure did.

Q. You heard it clearly?

A. Clearly.

Q. What did you do after you heard that

shot?

A. I broke and ran out of the house. I

ran to the corner of Huling and Mulberry.

Q. But did you do something at home

before you ran out?

A. I was cooking some chicken.

Q. That's all right. What did you do?

A. I turned it off.

Q. So you turned off the stove?

A. Yes, I did.

Q. Did you have any children about?

A. The kids was out front.

Q. They were out in front of the house?

A. Uh-huh.

Q. All right. What did you do with

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respect to the children?

A. We all ran down there.

Q. You all ran down there?

A. We ran. We didn't walk.

Q. You ran?

A. Because I said, oh my God, Dr. King

is at that hotel.

Q. Right.

MR. PEPPER: Your Honor --

Mr. Garrison, would you like to come around

and see the front of this?

MR. GARRISON: That's okay.

I've already seen it. I'll come around, if

necessary.

Q. (BY MR. PEPPER) So you ran down to

the corner of Huling --

A. Uh-huh.

Q. -- and Mulberry, which is right here?

A. Right.

Q. Did you cross the street or did you

stay on the north corner?

A. I stood there on the corner.

Q. You stood there on that corner. Why

did you stay on that corner? Why did you

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stop there? Why didn't you cross the street?

A. Well, one reason why we didn't cross

the streets is because there were some squad

cars coming.

Q. There were squad cars coming?

A. Uh-huh.

Q. Had they arrived at this area by

then?

A. No.

Q. Where were they coming from?

A. Main.

Q. So they were coming down Huling --

A. Down Huling.

Q. East on Huling from South Main Street

toward Mulberry?

A. Right.

Q. And you just stopped there?

A. Right.

Q. What did those squad cars do and

where did they go?

A. They stopped across Mulberry. It was

like putting a block in there.

Q. They parked across Mulberry?

A. Uh-huh.

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Q. They barricaded the street at that

point?

A. That's right.

Q. Now, as you stood on that street

corner, did you notice anything strange or

different happening in the area?

A. There was a car there.

Q. There was a car?

A. Uh-huh.

Q. Where was that car parked?

A. On Huling.

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