EXCERPTS FROM THE TESTIMONY OF OZIE POWELL

From the Direct Examination by Hon. Samuel S. Leibowitz

Q    Tell the jury what happened when you got back to Stevenson.

A    When I got to Stevenson I got off and went across the street to get me a pack of cigarettes, and when I got back the train was moving off.

Q    Where did you get on when you came back?

A    I got on between a gondola car and a box car.

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Q    What happened when you got in there between the box car and the gondola car, tell the jury what you saw?

A    I seen some boys crossing over my head and I didn't pay them any attention, and in about two or three minutes I climbed up to see what was the matter and I saw
some boys hopping off the train, white boys.

Q    These boys that came over you were colored boys?

A    Yes, sir.

Q    Just point out where they came from, point out where you actually saw them.

A    I was down between this box car and a gondola car (indicating) [by pointing to a section of a small model of the train] and I climbed up on top to see what was the matter, and in the fourth car from me I saw some white boys.

Q    White boys and colored boys at the same time?

A    Yes sir.

Q    That is where the fight was going on?

A    Yes sir.

Q    The fourth car from where you were?

A    Yes sir.

Q    When you saw them scuffling and fighting, tell the jury what you did.

A    I climbed over and got in between the next box car and gondola car--between two gondola cars.

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Q    Then what happened?

A    I set down here (indicating).  I set there three or four minutes and I seen the boys go back across, but I didn't pay them any attention.

Q    These colored boys there crossed back again?

A    Yes sir.

Q    Did you see any girls in that car where the scuffling was going on?

A    No sir.

Q    Were there any girls in that car as far as you know, in that car where the scuffling was going on?

A    No sir.

Q    You say you remained between these two gondola cars up to what point?

A    Until they got me off at Stevenson, I mean Paint Rock.

Q    That is where they took you off from, between two gondola cars?

A    Yes sir.

Q    Did you rape any women that day?

A    No sir I didn't see any.

Q    Did you have anything to do with this Victoria Price or any girl with her?

A    No, sir.

Q    Did you see any boy rape any woman in that car?

A    No sir.

Q    There wasn't any women at all, so far as you know, in the car where the fighting was going on?

A    No, sir.

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From the Cross Examination by General Knight

Q    Then what was your position?

A    Not anything, I just seen a fight going on up there and seen some white boys hopping off and I crossed over and got in between two gondola cars and set down.

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Q    Were you asked this question"Q: Did you hear any fighting?" and your answer, "A: Yes sir, I heard fighting."

A    No, sir, I told them I seen the fight.

Q    Didn't you tell them you heard it?

A    No sir.

Q    Were you not asked this question and didn't you answer, "Q:  What words did you hear in there?"  "A:  I heard some boy say, "get off", heard some boy, I don't know who it was."  Did you make that answer?

A    No sir.

Q    On page #47 were you asked this question and did you make this answer:  "What did you hear the other boys say?" and didn't you answer:  "A:  He said he was not going to get off unless they throwed him off."  Did you not make that answer?

A    No sir, I didn't.

Q    "Q:  Did you hear anybody throw him off?"  and you answered: "A:  No sir, I seen him climb off."

A    Yes sir, I said I seen him climb off.

Q    Were you not asked this question, if there wasn't seven white boys there and didn't you answer, yes sir?

A    No sir.

COURT:  Did you say that.

GENERAL KNIGHT:  He didn't phrase it that way.

Q    "Q:  They were seven white boys wasn't they?" and his answer was "yes sir."

COURT:  Did you say that?

A    No sir.

Q    You testified in he case of State vs. Haywood Paterson at Scottsboro, didn't you?

A    Yes sir.

Q    Referring to the Haywood Paterson record, Page #89, I will ask you if when you testified at Scottsboro you were not asked this question:  "Q--

MR. LEIBOWITZ:  Would you mind stepping away from the witness and obstructing the jury's view of General Knight.

GENERAL KNIGHT:  Gentlemen I am sorry if I had obstructed your view, I want the jury to hear.

MR. LEIBOWITZ:  He can hear from where you are standing.

GENERAL KNIGHT:  That is all right, I will stand where I want to.

MR. LEIBOWITZ:  You are at liberty to climb up in his lap if you want to.

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Q    How long did you watch the fight?

A    I didn't watch it no longer than I crossed over.

Q    You could see then when you were crossing over this gondola?

A    Yes sir.

Q    Who had then gun, which one had the gun?

A    I didn't see any gun.

Q    Didn't you hear any shooting?

A    No sir.

Q    And didn't see any women?

A    No sir.

Q    Did you see a fight?

A    Yes sir.

Q    How many were on each side in that fight?

A    I don't know sir, I didn't count them.
 

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Redirect Examination by Hon. Samuel S. Leibowitz

Q    Ozie tell us about how much schooling you have had in your life?

A    I ain't had over  about three months.

Q    Had three months schooling in your whole life?

A    Yes sir.

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