The
Verdict
Guilty:
Deputy
Sheriff Cecil Ray Price, Jimmy Arledge, Sam Bowers, Wayne Roberts,
Jimmy
Snowden, Billy Wayne Posey, Horace Doyle Barnette.
Acquitted:
Bernard Akin,
Sheriff
Lawrence Rainey, Olen Burrage (owner of the farm on which the bodies
were
found), Frank Herndon, Richard Willis, Herman Tucker, James Harris.
No
Verdict
Reached
Edgar Ray (Preacher)
Killen,
Jerry McGrew Sharpe, Ethel Glen "Hop" Barnett.
Members
of the Jury
Jury Foreman: Langdon Smith
Anderson,
52, of Lumberton, an oil exploration operator and member of the State
Agricultural
and Industrial Board
Mrs. S.M. Green 67, of
Hattiesburg,
a housewife
Mrs. Lessie Lowery, 52,of
Hiwannee,
a grocery store owner
Howard O. Winborn, 56, of
Petal,
a pipefitter
Harmon W. Rasberry, 52, of
Stonewall,
a textile worker
Mr. Gussie B. Staton, 64, of
Union,
a housewife
Jessie P. Hollingsworth, 48,
of
Moss
Point, an electrician
Mrs. James C. Heflin, 48, of
Lake,
a production worker
Mrs. Nell B. Dedeaux, 42, of
Lumberton,
a housewife
Willie V. Arneson, 58, of
Meridian,
a secretary
Edsell Z. Parks, 34, of
Brandon,
a clerk
Adelaide H. Comer, 43, of
Ocean
Springs,
a cook at a school cafeteria
Newspaper
Articles About the Jury
THE NEW YORK TIMES
Tuesday, October 10, 1967
By Walter Rugaber
Special to the New York Times
ALL-WHITE JURY PICKED AS TRIAL OF 18 IN SLAYING OF 3 RIGHTS
WORKERS
BEGINS IN MISSISSIPPI
MERIDIAN, Miss., Oct. 9
An all-white jury of five men and seven
women was
selected today in the trial of 18 men accused of conspiracy in the 1964
murders of three young civil rights workers near Philadelphia, Miss. .
. . .
A number of Negroes were among the more
than 200
prospective jurors summoned, and at least 17 were included in the panel
from which the 12 were selected. But defense attorneys rejected
all
the negroes with peremptory challenges.
The defense questioned each of the Negroes
about
membership in the National Association for the Advancement of Colored
People.
It sought to get one member of the group discharged for cause, but
Judge
Cox overruled the move.
The judge had asked prospective jurors of
both
races
whether any had engaged in civil rights activities and ordered a young
negro woman to step aside when she said she had participated in one
march
and belonged to the N.A.A.C.P.
A white man, under questioning by Robert
Hauberg,
United States Attorney for southern Mississippi, said he had belonged
to
the White Knights of the Ku Klux Klan "a couple of years ago." He
was asked whether this would influence his hearing of the case.
"No sir, it sure would not," he
replied.
Although
the man did not become a member of the jury, he was not discharged for
cause. The F.B.I. has accused the White Knights group of planning
the slayings
John Doar, the Assistant Attorney General
for
Civil
Rights began presenting a series of background witnesses this
afternoon.
One of them was the Rev. Charles Johnson of Meridian, who worked with
Mr.
Schwerner in 1964.
Laurel Weir of Philadelphia, one of the
defense
lawyers,
began his cross-examination of the minister by inquiring whether the
murdered
youth had spoken against the war in Vietnam or had burned his draft
card.
Mr.Johnson replied that Mr. Schwerner had not.
A series of similar questions followed, and
finally
Mr. Weir asked whether the rights worker had ever sought to "get young
male Negroes to sign a pledge to rape a white woman once a week during
the hot summer of 1964."
Judge Cox broke in and warned the attorney
that
he
considered such a question "highly improper" unless the defense could
show
a reason for posing it. Mr. Weir said it had been passed to him
in
writing.
"Who is the author of that question?" the
judge
demanded
sharply. At first none of the attorneys replied. Finally
one
of them said it had been passed up by one of the 18 men on trial.
"I am not going to allow a farce to be made
of
this
trial," the judge declared. "I don't understand such a question
as
that and I don't approve. If there's no basis to it I'm going to have
something
to say about it when we get through.". . . .
After the the trial jurors were named
today,
Judge
Cox said they would be permitted to return home at night provided they
did not discuss the case.
The jurors are: Mrs. S.M. Green 67, of
Hattiesburg,
a housewife; Mrs. Lessie Lowery, 52, of Hiwannee, a grocery store
owner;
Howard O. Winborn, 56, of Petal, a pipe fitter; Harmon W. Rasberry, 52,
of Stonewall, a textile worker; Mr. Gussie
B. Staton, 64, of Union, a housewife; Jessie P. Hollingsworth, 48,
of Moss Point, an electrician.
Also Langdon Smith Anderson, 52, of
Lumberton, an
oil exploration operator and member of the State Agricultural and
Industrial
Board; Mrs.James C. Heflin, 48, of Lake, a production worker; Mrs. Nell
B. Dedeaux, 42, of Lumberton, a housewife; Willie V. Arneson, 58, of
Meridian,
a secretary;Edsell Z. Parks, 34, of Brandon, a clerk, and Adelaide H.
Comer,
43, of Ocean Springs, a cook at a school cafeteria.
THE NEW YORK TIMES
Friday, October 20, 1967
By Walter Rugaber
Special to the New York Times
DEADLOCKED JURY IS ORDERED TO CONTINUE DELIBERATIONS IN
MISSISSIPPI
SLAYINGS OF
3 RIGHTS WORKERS
MERIDIAN, Miss., Oct. 19
A deadlocked Federal Court jury was ordered
today
to continue its deliberations in the trial of 18 men charged with a
conspiracy
in 1964 to "eliminate" three young civil rights workers.
The all-white panel filed into the
second-floor
courtroom
at 3:18 p.m. to report the impasse to the United States District Court
Judge, W. Harold Cox. The jurors, who got the case yesterday
afternoon,
had deliberated 9 hours 40 minutes.
Judge Cox ordered the five men and seven
women
back
to the jury room after urging each of them to "carefully re-examine and
reconsider" their positions. He invited them to "take all the
time
you feel is necessary."
New Instructions Read
Judge Cox read the panel new instructions
drawn
from
the so-called "Allen Charge," a set of directions used in the case of
Allen
v. the United States and upheld by the Supreme Court in 1898.
Lawyers also referred to the instructions
as the
"dynamite charge" because it is designed to help jog the jurors into a
unanimous verdict. Its language is direct and legally somewhat
controversial.
The jurors deliberated for several more
hours
without
reaching a verdict. Then just before 9 P.M., Federal marshals
cleared
the courthouse to escort them to a nearby hotel for the night.
They
were scheduled to resume deliberation at 9 A.M. tomorrow.
The defendants include Cecil R. Price, the
chief
deputy sheriff of Neshoba County, and Sam H. Bowers Jr. of
Laurel,
identified repeatedly during the trial as the Imperial Wizard of the
White
Knights of the Ku Klux Klan.
The 18 are accused of participating in a
Klan
plot
to deny the three slain youths their constitutional rights. A
conviction
carries a maximum penalty of 10 years in prison and a $5,000 fine.
"This is an important case," Judge Cox told
the
panel.
"The trial has been expensive to the prosecution as well as to the
defense."
The case "must be disposed of," he said,
and
another
trial will be "equally expensive."
Moreover, the judge continued, a second
jury will
be drawn from the same area as the first and there is "no reason to
believe"
that it will be any more intelligent or competent in reaching a
verdict.
No juror should surrender his "honest
convictions,"
the judge went on, but each member of the panel has the duty to
"consult
and deliberate" with the others and no one should hesitate to change
his
opinion.
"You're not partisans," he said, "you're
judges
--
judges of facts."
Judge Cox then told the jury that it could
bring
in a partial verdict on some of the 18 defendants if it was unable to
agree
on all of them.
Judge Gets 5 Notes
After the jury filed out Judge Cox said he
had
received
five notes from it since yesterday. One had asked for a
transcript
of certain testimony and another had sought further legal instructions
on the meaning of "reasonable doubt."
The judges had turned down both requests
and said
he thought it would be improper to repeat his earlier charge on just
one
point. To convict, the jury is required to believe in a
defendant's
guilt "beyond a reasonable doubt."
Judge Cox said that the five communications
were
more than he had received from any jury in the past. Agreement
among
12 persons is always difficult, he observed, and the current case is
"full
of emotions."
Moves for Mistrial
The jurors gave no indication of how they
were
split
or whether some of the 13 verdicts had been reached. The
Government
had asked for the acquittal of one defendant, Travis M. Barnette, on
the
ground that it had insufficient evidence to convict.
The defense objected to the judge's use of
the
"Allen
Charge" and moved for a mistrial. The attorney said that in
suggesting
changes in position the judge had implied that the jury's "minority
should
follow the majority."
Also, the defense complained, the expense
of the
trial should not be a factor for the jury to consider. The
lawyers
also argued that the judge was improper in permitting a partial verdict
in the case.
As the jury deliberated, most of the
defendants
stood
or sat on benches in the hallway outside the courtroom. Mr. Price
thumbed through a copy of Gun Sport magazine
Sheriff Lawrence A. Rainey, another
defendant,
told friends:"Even if they [the jurors] turn me loose, they'll have
done
the thing they [the Government] set out to do -- break me and put
me in debt for the rest of my life."
The Sheriff will leave office in January.
THE NEW YORK TIMES
Saturday, October 21, 1967
By Walter Rugaber
Special to the New York Times
MISSISSIPPI JURY CONVICTS 7 OF 18 IN RIGHTS KILLINGS
MERIDIAN, Miss., Oct. 20
A Federal Court jury of white Mississipians
convicted
seven men today for participating in a Ku Klux Klan conspiracy to
murder
three young civil rights workers in 1964.
Guilty verdicts were returned against Cecil
R.
Price,
29 years old, the chief deputy sheriff of Neshoba County, and Sam H.
Bowers
Jr., 43, of Laurel, identified as the Imperial Wizard of the White
Knights
of the Ku Klux Klan. Also convicted were Horace D. Barnette, a
one-time
Meridian salesman; Jimmy Arledge, 30, a Meridian truck driver; Billy
Wayne
Posey, 30, a Williamsville service station operator; Jimmie Snowden,
34, a
Meridian
laundry truck driver, and Alton W. Roberts, 29, a Meridian salesman.
Maximum Term 10 Years
The maximum penalty for the conspiracy
convictions
is 10 years in prison and a $5,000 fine.
Eight other men were acquitted by the panel
of
five
men and seven women. The jurors were unable to reach a verdict on
three of the 18 defendants, and mistrials were declared.
The United States District Court Judge, W.
Harold
Cox, ordered the compilation of the probation reports on the seven
convicted
men by next Friday and deferred sentencing until after they were
received.
Two of those convicted -- Price and Roberts
--
were
called before the judge, denounced and jailed without bond. No
additional
charges were made. Judge Cox set a hearing on their release for 8 A.M.
Monday in Jackson.
"I Want You Locked Up"
"I'm not going to let any wild man loose on
a
civilized
society, and I want you locked up," Judge Cox told the two after the
jury
pronounced them guilty.
There were gasps from relatives of the
defendants,
but the judge continued:
"I very heartily enter into this jury's
verdict,
particularly concerning Mr. Roberts."
After the jury reported a deadlock
yesterday,
Judge
Cox read it new instructions drawn from the so called "Allen charge," a
set of directions used in the case of Allen v. the United States and
upheld
by the Supreme Court in 1898. Lawyers also refer to the
instructions
as the "dynamite charge" because it is designed to help jog the jurors
into a unanimous verdict. Judge Cox said he had learned that
Roberts,
while awaiting the jury's verdict, had made the following threat:"Judge
Cox just gave that jury a 'dynamite charge.' We've got some
dynamite
for 'em ourselves."
The judge, known for his stern demeanor and
disciplined
courtroom, then delivered a slashing rebuke.
"There's not a power on this earth that can
frighten
this court," he said. "No one else need be frightened with his
bluster
and his bluff for a long time. We're not going to have any
anarchy
down here, not as long as I'm on this bench." The judge did not
specify
the precise reasons for Price's incarceration.
Roberts and Price were whisked from the
courthouse
by United States marshals and driven to the Hinds County jail in
Jackson. The five other men were continued in $5,000 personal
bonds
and released.
Bowers had been accused of approving the
Klan
plot
to "eliminate" the three rights workers and the six others were among
those
placed on the murder scene by Government evidence presented during the
two week trial.
Murder is generally not a Federal crime
unless
committed
on Government property. The conspiracy charges, filed under a
Reconstruction
era law, were brought after the state courts failed to take action.
The convictions were said to be the first
in a
civil
rights slaying in Mississippi. The state has had a series of
unpunished
racial killings in recent years, starting with the murder in 1955 of
Emmett
Till, a Negro from Chicago. . . .
Today's verdicts were returned by a jury on
which
working class Mississipians predominated. The panel, which began
its deliberations Wednesday, filed into the second floor courtroom at
9:12
A.M.
Decisions Read
A marshal took the sealed verdicts and
handed
them
to Judge Cox. He glanced over the papers, then passed them to
Mrs.
Sue Richmond, his black-haired courtroom clerk. She read the
first
decision: "We, the jury, find the defendant, Cecil Ray Price, not
guilty
as charged in the indictment."
Mrs. Richmond, who had read the wrong line
on the
previously prepared verdict form, instantly recovered.
"Oh," she said "excuse me."
The verdict, she said, was guilty.
Then,
one
by one, she read off the other decisions as wives of the defendants
sometimes
held handkerchiefs to their faces.
No verdicts were reached on Edgar Ray
(Preacher)
Killen, 42, a fundamentalist minister and sawmill operator; E.G. (Hop)
Barnett, 47, the Democratic nominee for Neshoba County sheriff, and
Jerry
M. Sharpe, 28, a pulpwood hauler.
The jury freed Lawrence A Rainey, 44, the
sheriff
of Neshoba County; Bernard L. Akin, 52, a Meridian housetrailer dealer;
Travis M. Barnette, 38, a Meridian Mechanic who is a half brother of
one
of the convicted men, and James T. Harris, 32, a Meridian truck driver.
Also, Frank J. Herndon, 48, the operator of
a
Meridian
drive-in restaurant; Olen L. Burrage, 37, who owned the farm on which
the
bodies were buried; Herman Tucker, 38, who built the dam in which the
bodies
were found, and Richard A. Willis 43, a one-time Philadelphia
policeman.
Acquittal Sought
None of those acquitted had been accused of
taking
part in the slayings. The Government had asked for Barnette's
acquittal,
explaining that it had insufficient evidence to convict him.
The Government had named Killen as an
organizer
for
the Klan and a prime conspirator in the killings. A key
prosecution
witness, James E. Jordan, had identified Sharpe as a member of the
lynching
party.
The Government said that Barnette, a former
Sheriff
and the favorite in next month's election for the post had played a
less
important role in the conspiracy and no part in the slayings.
All three men had produced elaborate alibi
testimony
in their defense. There was no immediate indication as to why the
jurors
were unable to reach a verdict in their cases, and the vote was not
disclosed.
Robert's hallway commend about the
"dynamite
charge,"
which Judge Cox described as "loose talk," alluded to a set of
secondary
legal instructions the judge read to the jurors yesterday when the
panel
reported itself deadlocked.
Lawyers sometimes refer to the directions
as the
"dynamite charge" because they are delivered in hopes of producing a
unanimous
verdict from the juries unable to agree. The charge has been
upheld
by the United States Supreme Court.
Judge Cox emphasized in the second charge
that
the
jury could return a partial verdict without agreeing on all 18
defendants,
and courthouse observers speculated that this may have been an
important
element in today's decision.
The judge pressed hard for verdicts, and he
observed
after the jury retired yesterday that he had a panel less than two
months
ago that was "hopelessly deadlocked," but returned a verdict after the
second charge.
Judge Cox is a native Mississippian,
scarcely
considered
friendly to the civil rights movement. Several years ago he
publicly
referred to a group of Negro voter registration applicants as "a bunch
of chimpanzees."
Another factor in obtaining the verdicts
may have
been the efforts of the jury's foreman, Langdon Smith Anderson, in
analyzing
the mountains of testimony presented. Mr. Anderson, 52 is an oil
exploration operator from Lumberton.
Listens Carefully
He is a kindly looking man with horn-rimmed
glasses
and brown wavy hair that is turning gray. During the trial he sat
in the middle of the second row of the jury box and listened carefully
but without expression to the
testimony.
Mr. Anderson is a member of the State
Agricultural
and Industrial Board, Mississippi's official development arm.
There were about 70 persons in the
courtroom
besides
newsmen when the verdicts were read. Most were members of the
defendants'
families, and one woman was wiping her eyes before the reading was
completed.
Judge Cox reprimanded an unidentified
defense
lawyer
for calling a news conference. He said that the practice was
"utterly
reprehensible" and added that we try cases in this courtroom, not
in the newspapers."
He also cautioned those in the courtroom
against
demonstrations, and the spectators filed out quietly past a group of
cameramen
waiting just off the sidewalk.
Bowers, who had usually not mixed with the
other
defendants in the hallway while the jury was out, strode from the
building
and hurried down the street with cameramen and reporters trailing him
for
a block.
Philadelphia appeared rather subdued after
news
of
the verdicts reached there. The Central High School homecoming
day
parade, led by a 96-piece band in black and white uniforms, circled the
courthouse square this afternoon.
Almost no adults came out to watch.
There
were
about 250 onlookers, mostly young people, as the procession circled
through
the small business district.
It was at the courthouse, on December 4,
1964,
that
Price was arrested by the F.B.I.
Mike Watkins, one of the defense lawyers, said he
did not know whether the cases would be appealed but made no further
remarks. |