Telephone? ,
547-6222,
“Washington, D. C.
6 January 1064
SUPREME COURT OF THE UNITED STATES
OCTOBER TERM, 1982 /7¢ 3
No. 666 37
NEW YORK TIMES COMPANY, PETITIONER,
Us.
L. B. SULLIVAN.
No. 609 4o
RALPH D. ABERNATHY, ET AL., PETITIONERS,
vs.
L. B. SULLIVAN.
ON WRITS OF CERTIORARI TO THE SUPREME COURT
OF THE STATE OF ALABAMA
INDEX
VOLUME 5
Recorp Press, Prrvrers, New Yorx, N. Y., May, 1963
pea INDEX
Plaintiff's Exhibits—Continued
311—Petition for writ of mandamus filed in the
Supreme Court of Alabama, June 29, 1960 in
The Matter of Ex Parte, The New York Times
Company, A Corporation v. Honorable Walter
B. Jones, ete. and exhibits thereto __
Exhibit A—Summons and complaint filed in
case of L. B. Sullivan vy. The New York
Times Company, No. 27416 (copy) (omitted
in printing)
Exhibit A~Advertisement entitled, “Heed
Their Rising Voices” published in The
New York Times issue of March 29, 1960,
page 25 (copy) (omitted in printing) __
Exhibit B—Motion to quash service of process
filed in case of L. B. Sullivan v. The New
York Times Company, No. 27416 (copy)
(omitted in printing)
Exhibit C—Motion to produce filed in case of
L. B. Sullivan v. The New York Times Com-
pany, No. 578 (copy) (omitted in printing)
Affidavit of M. R. Nachman, Jr. (copy)
(omitted in printing) stein ane per
Exhibit D—Ruling of Court on plaintiff’s mo-
tion to produce in case of L. B. Sullivan v.
The New York Times Company, No. 27416
(copy) (omitted in printing) ___
Exhibit E—Exception to Court’s ruling on
plaintiff’s motion to produce in the ease of
L. B. Sullivan v. The New York Times Com-
pany, No. 578 (copy) (omitted in printing)
312—Memorandum brief of authorities in support
of petition for mandamus filed in Supreme
Court of Alabama, June 29, 1960 in Ex Parte,
The New York Times Company, a Corpora-
tion v. Honorable Walter B. Jones, ete., No.
927
Certificate thereto of J. Render Thomas, Clerk
of the Supreme Court of Alabama
Original Print
1251
1262
1267
1271
1279
1284
1286
1288
1289
1299
INDEX
Plaintiffs Exhibits—Continued
318—Order of the Supreme Court of Alabama
denying the writ and dismissing the petition
In the Matter of Ex Parte, The New York
Times Company, a Corporation, ete. No. 927 .
Certificate thereto of J. Render Thomas, Clerk
of the Supreme Court of Alabama —
314—Notice of taking of deposition In the Mat-
ter of L. B. Sullivan, Plaintiff versus The New
York Times Company, a corporation, and
Others, In the Cireuit Court of ‘Montgomery
County, Alabama, Case No. 578, No. 579 and
No. 580, ete.
315—Depositions of Claude F. Sitton and Thomas
M. Hurley taken June 3, 1960 In The Matter
of L. B. Sullivan v. The New York Times
Company, 2 Corporation, et al. No. 580 and
certificate thereto a
Attachment—Plaintiff’s Exhibit 232—New York
Times issue of April 10, 1960, article, “Ala-
bama Forming Race-Riot Posses”, Special to
The New York Times, datelined April 9, 1960
(copy) (omitted in printing) ———____.
316-833—Highteen account cards showing the
customers in the State of Alabama to whom the
New York Times Index was sold, giving dates,
eredits, debits and remarks
334-346—Thirteen account eards sh showing’ “the
customers in the State of Alabama to whom
microfilm sets of The New York Times was
sold, giving dates, credits, debits and remarks
347—Advertisement entitled, “Heed Their Ris-
ing Voices” published in The New York Times
issue of March 29, 1960, page 25
348—Answers of Defendant, New York Times
Company to interrogatories filed September 30,
1960 in the case of L. B. Sullivan v. The New
York Times Company, No. 27416
Interrogatories to defendant, The New York
Times Company (copy) (omitted in print-
ing)
Original Print
1299 1856
1301 1858
1302 1859
1306 ©=1863
1356 1912
1859 1918
1366 ©1920
1871-1925
1876 1930
1383-1938
Plaintiff's Exhibits—Continued
348—Continued
Answers of Defendant, New York Times Com-
pany to interrogatories filed September 16,
1960 in the case of L. B. Sullivan v. The
New York Times Company, No. 578 —____
Exhibit A to Answer—Advertisement en-
titled “Heed Their Rising Voices” pub-
lished in The New York Times issue of
March 29, 1960, page 25 —..-_-___
Exhibit B to Answer—Letter of Authoriza-
tion to Use Names from A. Philip Ran-
dolph to Mr. Jerry Aaronson, New York
Times, dated March 23, 1960 ______
Exhibit C to Answer—Letter to demand re-
traction from L. B. Sullivan, Commis-
sioner to New York Times, dated March 8,
1960
Exhibit D to Answer—Reply to such demand
by letter from Lord, Day & Lord (General
Counsel for New York Times) to Honor-
able L. B. Sullivan, dated April 15, 1960
Exhibit E to Answer—Retraction with ref-
erence to the advertisement referred to in
response to a demand from Governor John
Patterson of the State of Alabama _.
Exhibit F to Answer—Booklet entitled,
“New York Times Advertising Accepta-
bility Standards”
849—New York Times issue of March 2, 1960
article “1000 Negroes Join March In Alabama”
by Claude Sitton, Special to the New York
Times, datelined Montgomery, March 1 (copy)
(omitted.in prbttivg) W.. he
350—Union Advertising Service of New York
City, order blank for publication re: New York
Times, dated March 28, 1960, “National Com-
mittee to Defend Martin Luther King, Jr.” _
351—New York Times issue of May 16, 1960,
article “Times Retracts Statement in Ad”
Original
1387
1392
1397
1397
1399
1399
1400
1405
1407
1408
1938
1944
1948
1949
1951
1952
1952
1957
1957
1958
INDEX
Plaintiff's Exhibits—Continued
355—Letter from Commissioner L. B. Sullivan
to Ralph D. Abernathy, dated March 8, 1960
356—Letter from Commissioner L. B. Sullivan
to S. S. Seay, dated March 8, 1960
357—Letter from Commissioner L. B. Sullivan to
J. B. Lowery, dated March 8, 1960 —
358—Letter from Commissioner L. B. Sullivan
to Fred Shuttlesworth, dated March 8, 1960 —
359-362—Post Department return receipts for
Ralph D. Abernathy, S. S. Seay, J. E. Lowery
and Fred L. Shuttlesworth which accompanied
the letters for retraction ——————_____—-_
363—Letter from Lord, Day and Lord to Com-
missioner L. B. Sullivan, dated April 15, 1960
364—Excerpt from Minutes of the Alabama State
Board of Education meeting held March 2,
1960, entitled “Expulsion of Certain Students,
Alabama State College”
365—City of Montgomery, labama, Recorder’s
Court record of Jefferson Underwood, dated
March 8, 1960, No. 89426 and No. 89427 and
reeord of Alean R. Underwood, dated March 8,
1960, No. 89418 and No. 89417 which show
that fines were paid ————___________--
Defendants’ Exhibits on motion to quash:
1—-Memorandum, dated May 13, 1960 prepared
by Roger Atwood for Mr. Wagner showing a
breakdown of the amount of time members of
The New York Times staff spent in Alabama
in 1959 and 1960 —___________—__-- siti
2—Memorandum entitled “Alabama Accounts”
for the year 1959 and January April 1960
showing lineage —————_____—_-_____-
3Union Advertising Service of New York City,
order blank for publication re: New York
Times dated March 28, 1960, “National Com-
mittee To Defend Martin Luther King, Ase es
Original
1412
1413
1414
1416
1417
1418
1419
1422
1424
1425
1426
1969
1971
1972
1975
1978
1979
1980
Defendants’ Exhibits on motion to quash—Con-
tinued
4—Memorandum prepared by Roger J. Water
showing circulation of New York Times in
Alabama in 1960 stearate mittee
5—Memorandum prepared by Roger J. Water
listing Wholesale Dealers and Direct Accounts
in Alabama
Defendants’ Exhibits on merits:
6—Union Advertising Service of New York City,
order blank for publication re: New York
Times dated March 28, 1960, “National Com-
mittee To Defend Martin Luther King, Jr.” —
Term of payment, Rates, Advertising Material,
ete. of Advertising Agency ———_____
Advertisement entitled “Heed Their Rising
Voices” published in The New York Times
issue of March 29, 1960, page 25, printer’s
proof
7—Letier of authorization to use Names from A.
Philip Randolph to Mr. Jerry Aaronson, The
New York Times, dated March 23, 1960 ___
8—M: ipt of advertii nt “Heed Their
Rising Voices” published in The New York
Times issue of March 29, 1960, page 25
9—Letter from Orvil Dryfoos to Governor Pat-
terson, Montgomery, Alabama, dated May 18,
1960
Reporter’s and clerks’ certificates (omitted in
printing)
Defendants’ Exhibits on motion for a new trial:
1—The Montgomery Advertiser issue of April
16, article “Research on Move to Sue Times
Finished by Gallion” ———-~________
2The Montgomery Advertiser issue of April 9,
1960, article “Commissioners Demand Retrac-
tion”
3~—The-Montgomery Advertiser issue of April 8,
1960, article “Gallion Weighs Legal Action
Against ‘King Ad’ Sponsors” ——
Original Print
1426 1981
1427 1981
1428 861982
1429 1985
1431 (1987
1436 «1992
1436 ©1993
1441 1998
1441a 1998
1443 1999
1443 2000
1444 2001
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
4—The Montgomery Advertiser issue of April 20,
1960, article “Commissioners Sue Newspaper”,
by Arthur Osgoode —__..
5—The Montgomery “Advertiser is issue of April 28,
1960, article “Patterson Plans N.Y. Times
Suit”
6—The Montgomery Advertiser issue of April 19,
1960, article “Gallion Libel Suit Decision
Ready Today” —
7—The Montgomery “Advertiser issue ot April 15,
1960, article “The Big Lie” by E. L. Holland,
dr.
8—The Montgomery Advertiser issue of April 16,
1960, article “Commissioners To File Damage
Suits Against New York Times For Articles”
9—The Montgomery Advertiser issue of April 17,
1960, article “The Abolitionist Hellmouths” —
10—The Montgomery Advertiser issue of April
21, 1960, article “State Board Told to File
‘Times’ Suit” by Bob Ingram ————-—______
11—The Montgomery Advertiser issue of May
21, 1960, article “Times Asks Court Quash
Damage Suit? ————___.
12—The Montgomery Advertiser issue of April
27, 1960, article “Times Studies Correction of
2 Stories”
18—The Montgomery Advertiser issue of April
29, 1960, article “Gallion Lauds Suit Planned
Against Paper”? ——— —————_________-
14The Montgomery Advertiser issue of May 1,
1960, article “The Missing If Men Choked” _.
15—The Montgomery Advertiser issue of May 12,
1960, article “$5 Million Suit Started by Gov-
”
16—The Montgomery Advertiser issue of May 4,
1960, article “Birmingham Statements Pub-
lished In The Times” —————_-_______
Original
1447
1449
1451
1452
1455
1456
1458
1460
1462
1463
1464
1465
2003
2006
2007
2008
2011
2013
2015
2017
2018
2019
2020
2022
2023
viii INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
17—The Montgomery Advertiser issue of May 22,
1960, article “Fall Out From Ad Error” ——
18—The Montgomery Advertiser issue of May 7,
1960, article “Suits Filed Against Times”
19—The Montgomery Advertiser issue of May 17,
1960, article “Patterson Weighs Suit in Light
of Retraction”
20—The Montgomery Advertiser issue of May 0,
1960, article “The Times Acknowledges Error”
21—The Montgomery Advertiser issue of May 27,
1960, article re: “Times Motion Asks Dismissal
of Suits” —
22—-The Montgomery Advertiser issue of May
81, 1960, article “Five Negroes, Times Sued by
Patterson” By The Associated Press ——___
23—The Montgomery Advertiser issue of June
14, 1960, article “Times Challenges Bessemer
Suits”
24The Montgomery Advertiser issue of July 1,
1960, article “N.Y. Times Loses in Move To
Have Records Closeted” eee ene ere
25—The Montgomery Advertiser issue of June 2,
1960, article “Times Switches Bama, Ole Miss”
26—The Montgomery Advertiser issue of June 1,
1960, article re: “Times Sued by Officials in
27-—The Montgomery Advertiser issue of July 27,
1960, article “Lawyers Add to Documents In
Libel Suit” by Arthur Osgoode ————_____
28—The Montgomery Advertiser issue of July
28, 1960, article “Times Suit Testimony Ends,
Arguments Set” by Arthur Osgoode
29—The Montgomery Advertiser issue of July 20,
1960, article “Detective’s Suit Charges Times”
30—The Montgomery Advertiser issue of July 26,
1960, article “Attorneys Contend N.Y. Times
Didn’t Do In State”
Original
1469
1470
1470
1471
1473
1473
1475
1475
1477
1477
1478
1481
1483
1483
Print
2025
2026
2027
2028
2030
2030
2082
2033
2084
2035
2035
2038
2041
2041
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
31—The Montgomery Advertiser issue of August
6, 1960, article “Judge Rules Times Suit Legal
Here” by Arthur Osgoode
32—The Montgomery Advertiser issue of “August
7, 1960, article “Attorneys Contend: Judge’s
Ruling Will Hinder Appeal” By The Associ-
ated Press ———————-—_______----_—-—-
33—The Montgomery Advertiser issue of August
26, 1960, article “Jefferson Calls Times Re-
porter”
84—The Montgomery Advertiser issue of Sep-
tember 3, 1960, article “U.S. Judge Deals
Times Legal Blow”
35—The Montgomery ‘Advertiser issue of Sep-
tember 3, 1960, article “Methodist Leader
Jailed For Refusing To Answer”
36—The Montgomery Advertiser issue of Sep-
tember 4, 1960, article re: “Methodist Minister
Awaits Decision By U.S. Supreme Court” -
37-—The Montgomery Advertiser issue of Sep-
tember 6, 1960, article “Jury Meets Again
Today In Race Study” cee
38—The Montgomery Advertiser issue of Sep-
tember 7, 1960, article “Jefferson Jury Indicts
Times Writer For Libel”
39—The Montgomery Advertiser issue of S
tember 9, 1960, article “Methodists Boot Cleric
Held In Jail? ———______--_-—
4Q—The Montgomery Advertiser issue of “August
7, 1960, article “The Talk of The Town”,
Editor, The New Yorker Magazine
41—The Montgomery Advertiser issue of Sep-
tember 9, 1960, article “Way Cleared For
Appeal By N.Y. Times”
42—The Montgomery Advertiser issue of Sep-
tember 10, 1960, article “Ousted Cleric Still
Vague About Future”
1485
1488
1489
1490
1491
1493
1495
1495
1498
1499
1501
2043
2046
2047
2053
2054
2057
2059
2061
x INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
43—The Montgomery Advertiser issue of Sep-
tember 10, 1960, article “Times Appeals Rul-
ing Allowing Alabama Suit”
44The Montgomery Advertiser issue of Sep-
tember 11, 1960, article “Controversial Cleric
Given African Duty” ————————____-_—
45—The Montgomery Advertiser issue of Septem-
per 25, 1960, article “State Finds Formidable
Legal Club To Swing At Out-Of-State Press”
By Rex Thomas, AP Staff Writer —___
46—The Montgomery Advertiser issue of Sep-
tember 22, 1960, article “Times Loses Bid To
Delay Libel Trials” ———-———_—____
47—The Montgomery Advertiser issue of June 8,
1960, article “Issue of Back Issues Argues In
New York Times Suit Here”
48—The Montgomery Advertiser issue of May 16,
1960, article “N.Y. Times Retracts Two Ad
Paragraphs”
49—The Montgomery Advertiser issue of August
2, 1960, article “Jones Studies Times Motion
To Shift Suit” By Arthur Osgoode —______
50—The Montgomery Advertiser issue of Octo-
ber 29, 1960, article “N.Y. Times Loses Bid To
Fend Off Libel Suit” By Arthur Osgoode —
51—The Montgomery Advertiser issue of Novem-
ber 1, 1960, article “Times Libel Suit Opens
Here Today” ————________—_—_
52—The Montgomery Advertiser issue of Novem-
ber 1, 1960, article “Jurors Selected For Times
Suit?
58—The Montgomery Advertiser issue of Novem-
ber 2, 1960, article “Witnesses Say Ad Re-
flected on Sullivan” By Arthur Osgoode -—
54—The Montgomery Advertiser issue of Novem-
ber 3, 1960, article “Writer of Ad Takes Stand
In Libel Trial” By Arthur Osgoode —__—
Original
1503
1505
1506
1510
1511
1512
1514
1516
1518
1520
1522
1526
‘Print
2062
2068
2064
2069
2070
2071
2073
2075
2077
2078
2081
2084
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
55—The Montgomery Advertiser issue of Novem-
ber 2, 1960, article “Sullivan Case Against
Times Is Conti ‘ —
56—The Montgomery “Advertiser issue of No-
vember 4, 1960, article “$500,000 Damages
Awarded Sullivan By Times Suit Jury’ By
Arthur Osgoode ——______-_—_.
57—The Montgomery Advertiser issue of Decem-
per 2, 1959, article “Grossly Unjust Says
Times: Asks New Trial” By Arthur Osgoode
58—The Montgomery Advertiser issue of Decem-
ber 16, 1960, article “Lawyers In ‘Times’ Case
Agree To Delay Hearing” -—-———____-—
59—The Montgomery Advertiser issue of Decem-
per 28, 1960, article “Cireuit Court ’61 Ses-
sions Start January 9” ..
60—The Alabama Journal issue of December 27,
1960, article “Mayor’s Suit Against Times Set
For Trial” —___.
61—The Montgomery Advertiser issue of Janu-
ary 14, 1961, article “Sullivan Suit Retrial Bid
Set March 3? —————_________—__
62—The Montgomery Advertiser issue of Janu-
ary 18, 1961, article “Times Attorney Halted
In Quizzing of Mayor” —.——--_----_—--
63—The Montgomery Advertiser issue of Janu-
ary 19, 1961, article “Judge Rules Time Hx-
pired For Retrial” -——--
64—The Montgomery Advertiser issue of Jann:
ary 30, 1961, article “Mayor's Suit Against
Times Opens Today”
65—The Montgomery Advertiser issue of Janu-
ary 31, 1961, article “Witnesses Feel James
Target Of Ad In Times” By Art Osgoode —_..
66—The Montgomery Advertiser issue of Febru-
ary 5, 1961, article “Negroes Facing Seizure
Of Property Seek Relief” By Dan Coggins —
Original
1529
1532
15385
1537
1538
1538
1539
1540
1542
1542
1543
1547
2088
2090
2094
2096
2097
2098
2098
2099
2101
2102
2108
2106
xii INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
67—The Montgomery Advertiser issue of Febru-
ary 7, 1961, article “Attachment of Money Be-
ing Sought” ee
68—The Montgomery Advertiser issue of Febru-
ary 8, 1961, article “Negroes’ Attorneys Seek
Cut In Million-Dollar Bond” By Arthur Os-
goode a ete
69—The Montgomery Advertiser issue of Febru-
ary 4, 1961, article re: “Auto Seized For Pay-
ment In Libel Case” By The Associated Press
70—Issue of February 3, 1961, article “New
Trial Motion Set In Libel Suit”
71—The Montgomery Advertiser issue of Febru-
ary 2, 1961, article re: “Mayor Gains Libel
Verdict of $500,000” By Arthur Osgoode ——
72—The Montgomery Advertiser issue of Febru-
ary 1, 1961, article re: “Negroes Mix at Cir-
cuit Court Libel Trial” By Arthur Osgoode —
73—The Montgomery Advertiser issue of Febru-
ary 23, 1961, article “Four Negroes’ Suit Names
State, City Officials” By Arthur Osgoode ——
74—The Montgomery Advertiser issue of Febru-
ary 22, 1961, article “Car Attached From Ne-
gro Minister Sells For $400” ________
75—The Montgomery Advertiser issue of Novem-
per 2, 1960, article “Witnesses Say Ad Re-
flected On Sullivan” By Arthur Osgoode ——
76—The Montgomery Advertiser issue of May
17, 1960, article “The Times Acknowledges Er-
ror” —_—
77—The Montgomery Advertiser issue of April
7, 1960, article “Will They Purge Themselves ?”
78—The Alabama Journal issue of April 5, 1960,
article “Liberals Appeal For Funds To Defend
ML. King”? —————________—_—______
79—The Alabama Journal issue of April 9, 1960,
article “City Demands Retraction of Ad In
Original
1549
1550
1551
1553
1554
1558
1561
Print
2108
2109
2111
2113
2114
2118
2120
2122
2123
2126
2127
2129
2131
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
80—The Alabama Journal issue of April 8, 1960,
article “Gallion Plans To Take Action On
Times Ad? ————
8i—The Alabama Ji ural 3 issue of April %, 1980,
article “Not The First Lie About Sou
82—The Alabama Journal issue of April 16, 1960,
article “B’ham. Officials To Sue N.Y. Times”
83—The Alabama Journal issue of April 19,
1960, article “Times Reveals Critical Letters”
84—The Alabama Journal issue of April 15,
1960, article “Source Says Gallion To Urge
‘Ad Suit” By Donald F. Martin, United Press
International ———————_____--—-----_-—
85—The Alabama Journal issue of April 17, 1960,
article “Report Due On Tuesday On Libel
Suit” sss
86—The Alabama Journal issue of April 18,
1960, article “Unworthy Newspaper Policy” --
g7—The Alabama Journal issue of April 19,
1960, article “Gallion Holding Recommenda-
tion For School Board”
88—The Alabama Journal issue of April 20,
1960, article “City Officials Sue N.Y. Times”
89—The Alabama Journal issue of April 21,
1960, article “Governor To Rule On Libel
Suits Early Next Week” -
90—The Alabama Journal issue , of ‘April "22,
1960, article “Not a City of Race Terror”
(Reply to N.Y. Times) ————~ -
91—-The Alabama Journal issue of April 26,
1960, article “It’s The Same Thing” (Greens-
boro Watchman) ———~——_—--—-—
92—The Alabama Journal issue of April 28,
1960, article “Governor Plans To Sue Times
For Ad Libel” -—————_--—--—- —
93—The Alabama Journal issue of April 7,
1960, article “Times Will Probe Accuracy Of
Stories”
xiii
Original Print
1573
1575
1576
1577
1577
1579
1580
1581
1582
1584
1585
1587
1588
2132
2134
2185
2136
2136
2138
2139
2140
2141
2148
2145
2146
2147
xiv INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
94The Alabama Journal issue of May 7, 1960,
article “The Times and Salisbury” ——___
95—The Alabama Journal issue of May 6, 1960,
article “B’ham Officials File Times Suits of
$500,000 Each”
96—The Alabama Journal issue of May 12, 1960,
article “Governor Prepares Suit Against N.Y.
Times”
97—The Alabama Journal issue of May 13, 1960,
article “Another Times Act”? —_ ______
98—The Alabama Journal issue of May 16, 1960,
article “N.Y. Times Retracts Parts of State-
ment”
99—The Alabama Journal issue of May 17, 1960,
article re: “Patterson Seeks Advice On Re-
traction”
100—The Alabama Journal issue of May 20,
1960, article “Times Challenges Libel Suit
Here”
101—The Alabama Journal issue of May 27,
1960, article “New York Times Asks Dismissal
Of Libel Actions” scorn
102—The Alabama Journal issue of May 31,
1960, article “Patterson Has To Read The
Times”
103—The Alabama Journal issue of May 31,
1960, article “3 Officials of Birmingham File
Times Suit”
104—The Alabama Journal issue of May 30,
1960, article “Patterson Files Suit: Claims
Libel. of Million”
105—The Alabama Journal issue of June 30,
1960, article “Times Told To Show Records”
106—The Alabama Journal issue of June 24,
1960, article “Flagrant Errors About South” _
107—The Alabama Journal issue of June 2, 1960,
article “Alabama! Wherefore Art Thou?” __
Original
1591
1593
1594
1594
1595
1596
1597
1598
1599
1599
1600
1602
1603
1604
Print
2151
2152
2153
2154
2154
2155
2156
2158
2158
2159
2160
2161
2163
2164
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
108—The Alabama Journal issue of June 8, 1960,
article “City Fathers Seeking Back Issues of
Times”
109—The Alabama Journal issue of June 14,
1960, article “Times Requests Libel Dismissal
In Jefferson”
* 110—The Alabama Journal issue of June 16,
1960, article “King Ad Netted About $7,000”
111—The Alabama Journal issue of June 24,
1960, article “‘Time’ Put Vandy in Alabama”
° 412—The Alabama Journal issue of June 1, 1960,
article “Justice In Alabama” _
118—The Alabama Journal issue of “Tuly 20,
1960, article “Birmingham Officer Sues N.Y.
Times”
i14—The Alabama Journal issue of July 25,
1960, article “State Has No Jurisdiction In Li-
bel Suit, ‘Times’ Says” _.
I15--The Alabama Journal issue of July 26,
1960, article “200 Times Stories About Ala-
bama Put Into Evidence In Court” By Judith
Rushin
116—The Alabama Journal issue of July 27,
1960, article “Times Hearing On Libel Suit In
Third Day”
117—The Alabama Journal issue of July 28,
1960, article “Important Precedent At Stake
In ‘Times’ Case Before Jones” By Ray Jenkins,
Journal City Editor —.
118—The Alabama Journal issue of August 1,
1960, article “Jones Hears Arguments In N.Y.
Times Suit”
119—The Alabama Journal issue of July 27,
1960, article “Tempers Flare At ‘Times’ Hear-
ing” By Judith Rushin, Journal Staff Writer _
120—The Alabama Journal issue of August 6,
1960, article “N.Y. Times Can Be Sued By
Alabama” By Ray Jenkins, Journal City
Editor
Original
1605
1607
1607
1608
1608
1609
1609
1611
1612
1614
1616
1618
1619
2165
2166
2167
2167
2168
2168
169
2173
2179
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
121—The Alabama Journal issue of August 25,
1960, article “ ‘Times’ Writer Called To Tes-
tify At Bi ve
122—The Alabama Journal issue of August 8,
1960, article “Where The Damage Is Done” —
123—The Alabama Journal article, “Times Asks
Dismissal of B’ham Suits” ——
124—The Alabama Journal issue of September 5,
1960, article, “Some Is Unfit” 22
125—The Alabama Journal issue of September 3,
1960, article “Rowdy South” SS
126—The Alabama Journal issue of September 2,
1960, article “U.S. Court Rules Times Suits
Can Be Tried In State Courts” _____
127—The Alabama Journal issue of September 3,
1960, article “State Can Try N.Y. Times Suits”
128—The Alabama Journal issue of September 2,
1960, article “Cleric Decides To Testify On
Race ”
129—The Alabama Journal issue of September 6,
1960, article “Rev. Hughes Reappears Before
Jury”
180—The Alabama Journal issue of September 3,
1960, article “Cleric Appeals To Hugo Black”
181—The Alabama Journal issue of September 6,
1960, article “Jailed Minister Seeking Free-
dom: Jury Back Today” — EE
182—The Alabama Journal issue of September
10, 1960, article “Methodists Send Hughes To
Africa”
1338—The Alabama Journal issue of September 9,
1960, article “N.Y. Times To Appeal Ruling
On State Suits’ ————_________._.
184—The Alabama Journal issue of September 8,
1960, article “ “Deep Trouble’ Seen For Demos
In South”
Original Print
1621 2182
1622 2182
1623 ©2183
1624 2184
1624 2184
1625 2185
1626 2186
1627 2187
1629 2188
1629-2189
1630 2190
1632 2192
1633-2193
1634 2194
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
185—The Alabama Journal issue of September 7,
1960, article “Salisbury Is Indicted For Times
Articles”
136—The Alabama Journal issue of September
21, 1960, article “Times Loses Bid To Delay
Libel Suit” By Judith Rushin ______
187—The Alabama Journal issue of September
27, 1960, article “‘“Times’ Ruling Appeal
Slat
188—The Alabama Journal issue of October 29,
1960, article “Times Loses Attempt To Throw
Ont Suit” By Judith Rushin ————_~____.
189—The Alabama Journal issue of October 11,
1960, article “Libel Suits”? ———— —________
140—The Alabama Journal issue of October 28,
1960, article “City’s Libel Claims Attacked By
Times” By Judith Rushin ___..
141—The Alabama Journal issue of October 31,
1960, article “Times Libel Trial Begins Tues-
1 day”
142—The Alabama Journal issue of November 2,
1960, article “L. B. Sullivan Testifies In Times
= §uit? By Judith Rushin ————________.
148—The Alabama Journal issue of November 3,
1960, article “Opposing Sides Give Final Ar-
guments In Times Libel Suit”? By Judith
Rushin
144—The Alabama Journal issue of December 14,
1960, article “Jan. 14 Hearing Set For New
Trial Bid”
145—The Alabama Journal issue of February 1,
1961, article “Courtroom Segregated In Times
Suit” By Judith Rushin _.
146—The Alabama Journal issue of January 13,
1961, article “Arguments In Times Case Post-
poned”
147—The Alabama Journal issue of January 18,
1960, article “Judge Denies Another Trial To
4 Negroes”
Original
1635
1636
1638
1638
1640
1640
1642
1643
1648
1651
1652
xvii
Print
2195
2197
2198
2199
2200
2200
2202
2203
2208
2212
2213
2216
2217
INDEX
Defendants’ Exhibits on motion for a new trial
—Continued
148—The Alabama Journal issue of January 31,
1961, article “Negroes Integrate Circuit Court-
room” By Judith Rushin — 22
149—-The Alabama Journal issue of January 30,
1961, article “Delay Is Denied In Times Trial”
By Judith Rushin
150—The Alabama Journal issue of February 9,
1961, article “Times Libel Suit Looms By
Sellers”
151—The Alabama Journal issue of February 4,
1961, article “Negroes Ask Out of $1 Million
Bond”
152—The Alabama Journal issue of February 6,
1961, article “Orders To Seize Property Issued”
153—The Alabama Journal issue of February
11, 1961, article “Right Of Notification Given
Lawyer In N.Y. Times Case” —___
154—The Alabama Journal issue of February
18, 1961, article “Cleric’s Car To Be Sold At
Auction”
155—The Alabama Journal issue of February 28,
1961, article “4 Negroes File Suit” —___
156—The Alabama Journal issue of November 1,
1960, article “Jurors Selected For Times Suit”
By Judith Rushin, Journal Staff Writer ____
157—The Alabama Journal issue of November 2,
1960, article “L. B. Sullivan Testifies In Times
Suit” By Judith Rushin, Journal Staff Writer
158—The Alabama Journal issue of November 4,
1960, article “Must Stick To The Truth”
159—Clerk’s note re: One Roll of Film taken in
the Courtroom during the progress of the trial
and which was later shown over television sta-
tion W.C.0.V. in Montgomery, Ala, —___
160—Montgomery, Alabama Television Station,
W.C.0.V., Tel Script of November 3,
1960 giving information about the trial —___
Reporter’s and clerks’ certificates to exhibits
(omitted in printing) —— ______
Original
1657
1660
1662
1664
1666
1667
1668
1669
1671
1673
1679
1681
1681
1682a
Print
2218
2221
2228
2229
2230
2231
2232
2234
2240
2242
2242
2243
1835
iy Crcurr Court or Montcomery County, Atapama
Puamtirr’s Exurerr No. 311
In tee Supreme Covrr or Anasama, T'airp Drvision
NOs eee es
Ex Parrs, Tue New Yorx Times Company,
A Corporation, Petitioner,
vs.
Honoraste Water B. Jonzs, Individually and as Judge
of the Circuit Court of Montgomery County, Alabama,
Respondent.
Psrition ror THE Writ or Manpamus
To the Honorable Justices of the Supreme Court of Ala-
bama:
Comes the New York Times Company, a corporation,
and without submitting itself to the jurisdiction of the
Cireuit Court of Montgomery County, Alabama, and with-
out waiving in any wise its limited appearances therein
objecting to the jurisdiction thereof by the filing of this
Petition in the Honorable Supreme Court of Alabama, and
filing this Petition specifically for the purpose of review-
ing an order or ruling of the said Cireuit Court heretofore
made in connection with the issues in said Court presented
by this defendant’s objection to the jurisdiction thereof,
respectfully shows unto the Court the following facts:
[fol.1252] 1. That The New York Times Company, a
corporation, is a corporation organized under the laws of
the State of New York and is a non-resident of the State of
Alabama, not qualified to do nor doing business in the said
State of Alabama, and has been made a party defendant
to a certain cause of action now pending in the Circuit Court
of Montgomery County, Alabama, wherein said defendant
has appeared specially and solely for the purpose of mov-
1836
ing to quash service of process upon it in said cause and
for no other purpose, and in which cause one L. B. Sullivan
is the plaintiff and being Case No. 27416 in said Cirenit
Court of Montgomery County, Alabama.
The Honorable Walter B. Jones is the Circuit Judge of
the Cireuit Court of Montgomery County, Alabama before
whom said cause is now pending on this defendant’s mo-
tion to quash service or attempted service of process
upon it.
2. On, to-wit, the 19th day of April, 1960, the plaintiff,
L. B. Sullivan, in that cause hereinabove referred to pend-
ing in the Circuit Court of Montgomery County, Alabama
being Case No. 27416 therein, filed a summons and com-
plaint, a copy of which is attached hereto and marked
Exhibit A, and incorporated herein and made a part here-
of. Therefore, on to-wit; the 20th day of May, 1960, The
New York Times Company, a corporation, filed its motion
to quash service of process or attempted service of process
upon it in said cause, a copy of which is attached hereto
and marked Exhibit B, and incorporated herein and made
a part hereof. On, to-wit, the 3ist day of May, 1960, the
plaintiff, L. B. Sullivan in said cause, filed a motion to pro-
duce certain documents and papers seeking to require this
defendant to produce such documents and papers as re-
ferred to in said motion to produce, a copy of which is at-
tached hereto and marked Exhibit C, and incorporated
herein and made a part hereof.
On to-wit, the 7th day of June, 1960, plaintiff's motion
seeking to require this defendant to produce the papers
and documents set forth and described therein as shown by
Exhibit C attached hereto came on to be heard before the
Honorable Walter B. Jones, Judge of the Cireuit Court
of Montgomery County, Alabama, and on to-wit the 9th day
[fol. 1253] of June, 1960, the said Honorable Walter B.
Jones entered his order, judgment or decree granting
plaintiff’s said motion to produce and requiring this de-
fendant to produce on or before June 30, 1960, all the
books, papers and documents and other written materials
specified in said motion to produce according to the terms
and under the conditions specified in the order, judgment
1837
or decree of the said Judge Jones of the 9th day of June,
a copy of which is attached hereto and marked Exhibit D,
and incorporated herein and made a part hereof. This de-
fendant was notified of the action of the said Judge in so
ruling on to-wit the 15th day of June, 1960, and thereafter
on to-wit the 16th day of June, 1960, this defendant filed its
exceptions to said ruling in writing as is shown by copy
of said exceptions attached hereto and marked Exhibit HE,
and incorporated herein and made a part hereof.
3. Petitioner shows unto this Honorable Court and al-
leges that the action of the Honorable Walter B. Jones,
Judge, as aforesaid in proceeding to grant plaintiff’s mo-
tion to require this defendant to produce the books, docu-
ments and writings as set forth in plaintiff’s said motion
marked Exhibit C incorporated herein as specified and
ordered according to the order, ruling or decree of the said
Walter B. Jones, Judge, as contained in such order, ruling
or decree of the 9th day of June, 1960, as shown by Exhibit
D incorporated herein, was not authorized by law and was
arbitrary, capricious and unreasonable and petitioner has
no other remedy by which petitioner may review the cor-
rectness or propriety of the rule, order or decree of Walter
B. Jones, Judge, as aforesaid than by application for the
writ of mandamus to this Honorable Court, and his ruling is
unlawful and illegal in the following respects, separately
and severally:
A. There was no showing to the court by reference to
the pleadings and matters of record of said cause or other-
wise that the books, documents and writings contained evi-
dence pertinent or material to the issues made by this
defendant’s motion to quash service of process pending
in said cause.
B. For that it cannot be ascertained from a reference
to the pleadings and matters of record in said cause that
[fol. 1254] the books, documents and writings required to
be produced by this defendant contain evidence pertinent to
the issues raised and made by this defendant’s motion to
quash service of process filed in said cause and there was no
independent or other proof or showing offered by plaintiff
which made it appear that the said books, writings or docu-
1838
ments did in fact contain evidence pertinent to the issues
raised and made by the defendant’s motion to quash service
filed in said cause.
C. For that the order requiring this defendant to pro-
duce the separate and several books, documents and writ-
ings as specified in the separate and several paragraphs
of plaintiffs said motion to produce constitute a fishing
expedition into the private records and files of this defen-
dant without a showing upon the part of the plaintiff that
any of such separate and several books, documents and
writings contain evidence pertinent to the issues made and
raised by this defendant’s motion to quash service of
process in this cause.
D. For that it is not shown that any of the separate
and several documents, books or writings required to be
produced by this defendant contain evidence which is
necessary or material to the issues presented by this defen-
dant’s motion to quash service of process upon it filed in
said cause.
. For that it is not made to appear that the books,
documents or writings required to be produced by this de-
fendant are not otherwise available and more accessible
to plaintiff, movant, than to this defendant.
F. For that the separate and several items contained
in plaintiff’s motion to produce constitute in fact interroga-
tories propounded to defendant rather than the designa-
tion or specification of that which is shown to be a book,
writing or document containing evidence necessary, ma-
terial or pertinent to the issues made and raised by defen-
dant’s motion to quash service of process upon it filed in
this cause.
G. For that the ruling of the said Walter B. Jones, Judge,
contained in Exhibit D incorporated herein, “that the writ-
ten material specified in paragraphs 1 through 21 are neces-
sary and material in that they will reveal the nature and
[fol. 1255] extent of the business done by this defendant in
the State of Alabama” is not based upon any showing of
facts to support said ruling by reference to the pleadings
and record in said cause or otherwise.
1839
HH. For that the ruling of the said Walter B. Jones,
Judge, contained in Exhibit D incorporated herein, “that
the said written material specified in paragraph 1 through
21 are normally kept by this defendant in the regular course
of its business and are in the possession, eustody or control
of the said defendant; that the information contained in
these materials cannot be had from other sources available
to the plaintiff, and are by their nature within the exclusive
knowledge of this defendant and exclusively within its cus-
tody, possession or control” is not based upon any show-
ing of facts to support said ruling by reference to the
pleadings and record in said cause or otherwise.
L For that it is not shown that those materials called
for in paragraph 1 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
J. For that it is not shown that those materials called
for in paragraph 2 of plaintiff’s motion to produce are ma-
terial or necessary and contain any evidence pertinent to
the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
K. For that it is not shown that those materials ealled
for in paragraph 8 of plaintiff's motion to produce are ma-
terial or necessary and contain any evidence pertinent to
the issues of the nature or extent of the business, if any,
. done by this defendant in the State of Alabama.
L. For that it is not shown that those materials ealled
for in paragraph 4 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
_ to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
[fol. 1256] M. For that it is not shown that those mate-
rials called for in paragraph 5 of plaintiff's motion to
produce are material or necessary and contain any evidence
pertinent to the issues of the nature or extent of the busi-
ness, if any, done by this defendant in the State of Ala-
bama.
i
|
:
;
:
|
4
|
1840
N. For that it is not shown that those materials called
for in paragraph 6 of plaintiff’s motion to produce are
imaterial or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by the defendant in the State of Alabama.
O. For that it is not shown that those materials called
for in paragraph 7 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
P. For that it is not shown that those materials called
for in paragraph 8 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by the defendant in the State of Alabama.
Q. For that it is not shown that those materials called
for in paragraph 9 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by the defendant in the State of Alabama.
R. For that it is not shown that those materials called
for in paragraph 10 of plaintifi’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
S. For that it is not shown that those materials called
for in paragraph 11 of plaintiff's motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by the defendant in the State of Alabama.
[fol. 1257] TT. For that it is not shown that those mate-
rials called for in paragraph 12 of plaintiff’s motion to
produce are material or necessary and contain any evidence
pertinent to the issues of the nature or extent of the busi-
ness, if any, done by the defendant in the State of Alabama.
U. For that it is not shown that those materials called
for in paragraph 13 of plaintiff’s motion to produce are
1841
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
V. For that it is not shown that those materials called
for in paragraph 14 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
W. For that it is not shown that those materials called
for in paragraph 15 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by the defendant in the State of Alabama.
X. For that it is not shown that those materials called
for in paragraph 16 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
Y. For that it is not shown that those materials called
for in paragraph 17 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
Z. For that it is not shown that those materials called
for in paragraph 18 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
[fol. 1258] to the issues of the nature or extent of the busi-
ness, if any, done by this defendant in the State of Alabama.
AA. For that it is not shown that those materials called
for in paragraph 19 of plaintifi’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
BB. For that it is not shown that those materials called
for in paragraph 20 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
1842
COC. For that it is not shown that those materials called
for in paragraph 21 of plaintiff’s motion to produce are
material or necessary and contain any evidence pertinent
to the issues of the nature or extent of the business, if any,
done by this defendant in the State of Alabama.
DD. For that the order, ruling, judgment or decree of
the Court requiring this defendant to produce that which
is set forth and specified in paragraphs 1 through 21 in
plaintiff’s motion to produce incorporated herein as Ex-
hibit C constitutes permitting the plaintiff to discover
the existence of facts unknown to plaintiff as a basis for
allegations necessary to plaintiff’s cause of action or as
to the jurisdiction of the Cireuit Court of Montgomery
County, Alabama, and not alleged in plaintiff’s complaint.
EE. For that the order, judgment or decree of Walter
B. Jones, Judge, as aforesaid requiring this defendant
to produce the documents, books or writings set forth in
plaintiffs motion to produce constitutes an abuse of dis-
cretion upon the part of the said Walter B. Jones, Judge.
FF. For that the books, documents, and writings set
forth in paragraphs 1 through 21, separately and severally,
of plaintiff’s motion to produce are insufficiently designated
or described therein to enable this defendant to determine
with sufficient degree of certainty that which it is required
to produce by the order, ruling, judgment or decree of
[fol. 1259] Walter B. Jones, Judge, requiring it to so
produce same.
GG. For that this defendant is a non resident of the
State of Alabama and a foreign corporation, not doing
business in the State of Alabama, or qualified to do busi-
ness therein, and has not submitted itself to the juris-
diction of the Circuit Court of Montgomery County, Ala-
bama, and the said Cirenit Court of Montgomery County,
Alabama, has no authority to require the production by
it of the books, writings and documents specified and set
forth in the plaintiff’s motion to produce in this cause.
HH. For that the order, judgment, ruling or decree of
the said Walter B. Jones, Judge, requiring this defendant
1843
to produce the books, writings, and documents as set forth
in plaintiff’s said motion to produce is illegal and unlawfu!
in that the same is violative of due process of law in im-
posing an undue burden on Interstate Commerce in re-
quiring this defendant, who has not subjected itself and
submitted itself to the jurisdiction of the said Cireuit Court
of Montgomery County, Alabama, to produce from with-
out the State of Alabama the books, writings, papers and
documents specified in plaintiff’s motion to produce when
said defendant is objecting to the jurisdiction of the said
Circuit Court of Montgomery County, Alabama, and has
not been shown to be subject to its jurisdiction.
II. For that the documents, books, writings or papers
specified in plaintiff’s motion to produce, copies of which
or originals of which are required te be produced, showing
the matters and things set forth in separate and several
paragraphs of said motion for a period from and after
January 1, 1956, inclusive of the first five months of 1960,
is outside the scope of the issues presented by this defen-
dant’s motion to quash service of process upon it on the
question of whether said defendant was doing business
within the State of Alabama at the time of purported service
of process upon it on April 21, 1960 and April 26, 1960.
JJ. For that the manner and fashion in which the docu
ments, papers and writings set forth in plaintiff’s motior
to produce are described calls upon this defendant to con
{fol. 1260] strue as a matter of law what it is required t
produce by the order, judgment, decree or ruling of th
said Walter B. Jones, Judge, of June 9, 1960.
KK. For that the order, ruling, judgment or decree o
Walter B. Jones, Judge, of June 9, 1960, is not sufficienth
specific in designating, deseribing or setting forth tha
which this defendant is required to produce to enable thi
defendant to know what it is required to produce by th
terms of said order, judgment, decree or ruling.
Wherefore, Petitioner prays that a rule nisi issue fror
this Honorable Court directed to Honorable Walter B
Jones, as Judge of the Circuit Court of Montgomer;
1844
County, Alabama, and to Honorable Walter B. Jones, in-
dividually, directing him to appear before this Honorable
Court at a time and date to be fixed by this Court, then
and there to show cause why he should not vacate and
annul his order, judgment, decree or ruling of June 9,
1960, requiring this defendant to produce the documents,
books, papers and writings set forth and specified therein
and in plaintiff’s motion to produce as are found and con-
tained in Exhibits D and C incorporated herein, and
Petitioner further prays that upon a final hearing hereof
this Honorable Court will grant a writ of mandamus or
other appropriate remedial writ ordering and directing
the said Walter B. Jones, Judge of the Circuit Court of
Montgomery County, Alabama, and individually, to vacate
and annul said order, judgment, ruling or decree of the
said Walter B. Jones, Judge, of June 9, 1960, as found and
contained in Exhibit D and incorporated herein.
Tun New York Times Company, A Corp.
By /s/ Rovrricn M. MacLeop, Jr.
Roderick M. MacLeod, Jr.
Attorney in Fact.
Beppow, Empry anp Beppow, ATToRNEYS
By /s/ Roperiox M. MacLzon, Jz.
Attorneys for Defendant
Stare or Anapama )
Jerrerson County )
[fol. 1261] Before me, the undersigned Notary Public,
in and for said State and County, personally appeared
Roderick M. MacLeod, Jr., as attorney in fact and at law
for The New York Times Company, a corporation, and
who, by me first being duly sworn, deposes and says that
the facts alleged in the above and foregoing petition are
true and correct, and that he, as attorney in fact and at-
torney at law, has authority for and in behalf of said
The New York Times Company, a corporation, to make
1845
“this affidavit and is conversant with the facts set forth
and contained in the above and foregoing petition.
This 23rd day of June, 1960.
/s/ Roveriox M. MacLzop, Jr.
Roderick M. MacLeod, Jr.
Sworn to and subscribed before me
this 23 day of June, 1960
/8/ Many B. WzatHeriy
Notary Public
To: Honorable M. R. Nachman, Jr., of Counsel for Plain-
tiff, L. B. Sullivan:
Take notice that the above and foregoing petition for
writ of mandamus will be presented to the Honorable Su-
preme Court of Alabama with the request or prayer that
_ pursuant thereto a rule nisi issue to the Honorable Walter
B. Jones, Judge of the Cireuit Court of Montgomery
~ County, Alabama, as is set forth in said petition on the
29th day of June, 1960, at 1:00 M., at which time you may
appear if you so desire.
This the 24 day of June, 1960.
/s/ Rovsrick M. MacLeop, Jr.
Roderick M. Macleod, Jr.
I hereby certify that I have served a copy of the above
and foregoing notice on Honorable M. R. Nachman, Jr.,
Attorney of record for the plaintiff, L. B. Sullivan, by
delivering a copy by hand to his office in The First National
' Bank Building, Montgomery, Alabama. This the 24th day
of June, 1960.
/s/ Roprrick M. MacLzop, Jz.
Roderick M. MacLeod, Jr.
1846
(fol. 1262]
Exurerr A to Perrtion ror Writ or Manpamus—
Summons anp ComMPLaAINT
Omitted. Printed at side folios 2-5, pages 1-6, ante.
[fol. 1267]
Exurerr “A”
“HEED THEIR RISING VOICES”
Omitted. Printed at side folios 6-9, pages 6-12, ante.
[fol. 1271]
Exar B to Petition ror Warr or Manpamus—
Morton ro QuasH SERvicE or Process
Omitted. Printed at side folios 33-38, pages 39-46, ante.
[fol. 1279]
Exazerr C to Pstrmion ror Writ or Manpamus—
Morton to Propucz
Omitted. Printed at side folios 24-28, pages 29-35, ante.
[fol. 1284] Affidavit of M. R. Nachman, Jr. (omitted in
printing).
[fol. 1286]
Exurerr D to Prtrrion ror Wart or Manpamus—
Rotriye or Court on Prariirr’s Morton ro Propuce
Omitted. Printed at side folio 29, pages 35-37, ante.
[fol. 1288]
Exuzsrr E to Petrrion ror Warr or Manpamus—Exception
to Courr’s Ruane on Pianviirr’s Motion to Propuce
Omitted. Printed at side folio 30, page 37, ante.
1847
Srarez or Arapama—J uproraL DEPARTMENT
Tue Supreme Courr or ALapaMa
Ocroser Term 1959-1960
8rd Div, No. 927
Ex Parre:—
fol. 1289]
Tus New Yorx Towes Company, a Corporation,
Petitioner
v.
Pzrrtion ror Writ or Manpamus
(in re-—The New York Times Company, a Corporation
‘ys. Honorable Walter B. Jones, Individually and as Judg'
of the Cireuit Court of Montgomery County, Alabama.
From Montgomery Circuit Court.
No. 27416
Tu Srate or ALABAMA, )
Cery ayp County or Mowrcommay )
I, J. Render Thomas, Clerk of the Supreme Court 0
Alabama, do hereby certify that the foregoing pages num
bered from one to twenty-two inclusive, contain a ful
true, and correct copy of the Petition for Writ of Man
damus filed on June 29th, 1960, in the * * * * * * * * *
Supreme Court in the above stated cause, as the sam
appears and remains of record and on file in this office.
Witness, J. Render Thomas, Clerk of th
Supreme Court of Alabama, this the 19t
day of July 1960.
/s/ J. Renper THomas
Clerk of the Supreme Court of Alabam
1848
Is Circuit Court or Morrcomery County, ALaBaMa
Puarmtirr’s Exazsrr No. 312
Ocrozer Team 1959-60
Tue Supreme Court or ALABAMA
3rd Div., No. 927
Ex parte:—The New York Times, a Corporation,
Petitioner
[fol. 1290]
PETITION FOR WRIT OF MANDAMUS
(In re:—The New York Times Company, a Corporation,
v. Honorable Walter B. Jones, Individually, ete.)
Certified Copy of
Memorandum brief of authorities in support of
the Petition for Writ of Mandamus filed June 29,
1960, by the Attorneys for the Petitioner
3 DO 927 Copy
In raz Supreme Court or Anasama, Turep Division
No. 927
(Filed June 29, 1960 Supreme Court of Alabama
J. Render Thomas, Clerk.)
Ex Parre, Tue New York Truwzs Company, A Corporation,
Petitioner,
vs.
Honorasie Water B. Jonus, Individually, and as Judge
of the Circuit Court of Montgomery County, Alabama,
Respondent.
1849
MEMORANDUM BRIEF OF AUTHORITIES IN
SUPPORT OF PETITION FOR MANDAMUS
STATEMENT OF THE CASE
This petition for mandamus has been filed by the peti-
tioner, The New York Times Company, praying that this
Honorable Court order Judge Walter B. Jones, as Judge
of the Cireuit Court of Montgomery County, Alabama, to
vacate an order rendered June 9, 1960, requiring the peti-
Hioner to produce certain documents, books, papers and
writings as set forth in a motion to produce filed by the
plaintiff, L. B. Sullivan, in that cause in the Cirenit Court
ef Montgomery County, Alabama entitled L. B. Sullivan,
Plaintiff, vs. The New York Times Company, a corpora-
mm, et als, being case No. 27416 in that court.
The case in which the said motion to produce was filed
s commenced on the 19th of April, 1960, by the filing
‘fol. 1291] of a complaint in the Circuit Court of Mont-
Zomery County, Alabama, in which the plaintiff, L. B.
Sullivan, claimed of the New York Times Company, a
rporation, and others, damages for an alleged libel that
s alleged to have appeared in The New York Times
paper. In response to this summons and complaint,
fhe defendant, The New York Times Company, filed a
ial appearance by means of a motion to quash service
rocess in which The New York Times Company al-
in substance that it was a foreign corporation, not
fied to do business in Alabama and was not subject
the jurisdiction of the Circuit Court of Montgomery
County, Alabama.
Subsequent to the filing of the special appearance by
= the New York Times Company, the plaintiff filed a mo-
ion to produce which contained twenty-one (21) para-
aphs or groupings of various items that were alleged
te be in the possession, custody, control or power of the
Mefendant, The New York Times. This motion was sup-
ted by an affidavit by plaintiff’s attorney alleging gen-
ly that the documents were pertinent to the issues in
ease and necessary and material to the presentation
the plaintiff’s case.
1850
On the 9th day of June, 1960, Honorable Walter B.
Jones, Judge of the Circuit Court of Montgomery County,
Alabama, entered an order requiring the defendant, The
New York Times Company, to produce on June 30, 1960,
in the office of the Clerk of the Circuit Court of Mont-
gomery County, Alabama, all of the books, papers, docu-
ments and other written materials requested by plaintiff’s
motion except those items named in paragraph 2 were
limited to the period of time since January 1, 1956 to the
date of service. It is this order that petitioner seeks to
have set aside or vacated by this petition for mandamus.
MEMORANDUM OF AUTHORITIES
PROPOSITION I
MANDAMUS IS THE PROPER REMEDY TO REVIEW
AN ORDER OF THE CIRCUIT COURT REQUIRING A
PARTY TO PRODUCE DOCUMENTS, BOOKS OR
WRITINGS.
Ex Parte, Anniston Personal Loans, 96 So. 2d 627, 266
Ala. 356.
[fol. 1292] In this case the Supreme Court reviewed on
petition for mandamus an order of the Cireuit Court re-
quiring the production of certain books and records of
Anniston Personal Loans, Inc. The peremptory writ of
mandamus was issued.
American Life Insurance Company v. Powell, 65 So. 2d
516, 259 Ala. 70.
In this case the Supreme Court issued the writ of man-
damus ordering that the Circuit Judge set aside vacate
or annul his order granting an application to perpetuate
testimony under the equity rule.
Ex parte National Association for the Advancement of
Colored People, 91 So. 2d 214, 265 Ala. 349.
Here the petitioner had been ordered by the Cirenit
Court to produce certain records in its possession. It
failed to do so, and was cited for contempt by the Circuit
1851
Court. The petitioner then filed a petition for certiorari
to review the actions of the Cirenit Court. This Honorable
Court stated that mandamus is the proper remedy to re-
view an order to produce. In its opinion the court stated,
“An order requiring defendant to produce evidence in
a pending cause may be reviewed on a petition for
mandamus. Ex Parte Hart, 240 Ala. 642, 200 So. 783.
Hence, if petitioner felt it is aggrieved by the order
requiring it to produce certain evidence, it should have
sought to have the order reviewed by mandamus.”
PROPOSITION IL
A PARTY TO A CAUSE SHOULD NOT BE RE-
UIRED TO PRODUCE BOOKS, DOCUMENTS OR
MINE THEM IN THE HOPE THAT THEY WILL
ONTAIN EVIDENCE HELPFUL TO HIS CAUSE, BUT
MOTION TO PRODUCE SHOULD BE GRANTED
Y WHERE. IT IS MADE TO APPEAR BY SATIS-
‘ACTORY EVIDENCE THAT THE BOOKS, DOCU-
[ENTS OR OTHER WRITINGS DO IN FACT CON-
IN EVIDENCE PERTINENT TO THE ISSUE. AN
FFIDAVIT ALLEGING IN GENERAL TERMS THAT
HE BOOKS, DOCUMENTS OR OTHER WRITINGS
ONTAIN EVIDENCE THAT IS PERTINENT AND
TERIAL IS NOT SUFFICIENT TO AUTHORIZE
HE ISSUANCE OF A MOTION TO PRODUCE, BUT
AFFIDAVIT MUST CONTAIN FACTS SUFFI-
[ENT TO AFFORD THE COURT A BASIS TO DE-
MINE WHETHER OR NOT THE DOCUMENTS
IN FACT CONTAIN MATERIAL AND PERTI-
T EVIDENCE.
erson vs. W. ©. Ages and Company, 70 So. 298, 14
App. 448.
this case there was no evidence offered by the defen-
in support of his motion to produce that if the ledger
ested were produced it would contain any evidence
1852
material to the issue. The Court of Appeals affirmed the
Cireuit Court’s refusal to grant the motion and held that
courts are not required to grant a motion to produce books,
documents or other writings merely for the purpose of
affording a fishing expedition merely to give the movant
an opportunity of discovering by an examination of them
whether or not any contain evidence beneficial to him. As
a prerequisite to the granting of a motion it must satis-
[fol. 1294] factorily appear that the documents requested.
do in fact contain evidence pertinent to the issue.
Ex Parte Darring, 7 So. 2d 564, 242 Ala. 624
Here the motion to produce was granted where it was
supported by an affidavit describing the document in par-
ticularity and stating in detail the facts which would be
revealed by the document. In the opinion the court dis-
cussed the procedures available to a party to obtain inspec-
tion of the opposing party’s documents, and indicated that
motions to produce would be correctly granted when it has
been established through the use of discovery procedure
such as interrogatories that the documents requested do
in fact exist and what facts they contain or would reveal.
The court further stated,
“4 fishing expedition through books of account as well
as a fishing expedition as the objective of the proceed-
ing are not to be tolerated.”
Gordon vs. United States, 344 U.S. 73 Supreme Court 367
97 L. Ed. 447.
The United States Supreme Court held that the defendant
was entitled to the production of certain documents in the
file of the prosecuting attorney and held that the defendant
wag entitled to these documents by reason of having estab-
lished by evidence that the d ts were in existence,
were in possession of the government, were made by the
witness under examination, were contradictory of the pres-
ent testimony, the contradiction was as to relevant, im-
portant and material matters which directly bore on the
main issues being tried. The court indicated that in the
1853
“absence of these facts being proven in sw
- b support of the mo-
{fol. 1295] tion to produce that the defendant would not
have been entitled to have them produced. The court stated,
_ “The demand was for production of these specific docu-
ments and did not propose any blind fishing expedition
among documents possessed by the government on the
chance that something impeaching might turn up.”
Ex rel. Page v. Terte, 324 Mo. 925, 25 SW 2d 459
“Tt is clearly appears from the opinion above quoted
that the respondent’s authority to make the proposed
order of production must be found in section 1378
B.S. 1919. Turning to that section, we find that the
court before which an action is pending may order
either party to give the other an inspection and copy
of any paper in his possession or under his control,
containing evidence relating to the merits of the ac-
tion or defense therein. By the plain terms of this
statute, the court is not authorized to order the produc-
tion of a paper unless it contains evidence material
to the pending action. It therefore follows that the
burden is on the party seeking an order to produce,
to bring himself within the terms of the statute, by
alleging in the application for the order, facts sufli-
ecient to identify the papers called for, and from which
the court could reasonably infer that such papers con-
tain evidence material to the merits or defense of the
action in which the order is sought. Otherwise, the
eourt would not be authorized to make the order.
age ae v. Fitzgerald, 180 Mo. 407, 424, 32
0. W. ; State ex rel. v. Trimble, 2: . 542,
saa Boh , 254 Mo. 542, 553,
(2, 3) In the case at bar, the application for the
‘order does not measure up to the requirements of the
statute. Tt calls for the production of all deeds, mort-
gages, bills of sale, books, documents, papers, or other
written copies of evidence in the hands of the prosecut-
ing attortiey, which are in any way connected with the
ease then pending. There is no hint or suggestion as
to the contents of these documents, and no facts are
1854
alleged tending to show that they contain any evidence
material to the defense of the party asking for their
production. It is true that the application for the
order states that such documents are or may be ma-
terial, but such an allegation is a mere conclusion of
the pleader and presents no issue. In 10 RB. 0. L. p.
1092, See. 292, the rule is thus stated: “* * * But a
party to a pending action has no right to call for the
books, papers, and documents of his adversary merely
for the purpose of entering into a “fishing examina-
tion” of them. To authorize their production there
must be a substantial showing that the book, paper, or
document sought for contains material evidence in
support of the cause of action or defense of the party
asking for it. A mere suspicion that it contains such
evidence does not warrant an order for its production.
The enactments upon the subject generally make it a
[fol. 1297] condition that the books, ete., required shall
contain evidence relating to the merits of the case.”
City National Bank vs. Wofford, 75 SW 2d 666, 189 Ark
914.
“(4) The rule, against which the order is deemed to
offend, is cited by the defendants and is found at page
1092, 10 R.C.L., as follows: ‘But a party to a pending
action has no right to call for books, papers and docu-
ments as to his adversary merely for the purpose of
entering into a ‘fishing examination’ of them. To au-
thorize their production there must be substantial q
showing that the book, paper or document sought for
contains material evidence in support of the cause of
action or defense of the party asking for it. A mere
suspicion that it contains such evidence does not war-
rant an order for its production. The enactments upon
the subject generally make it a condition that the books, |
ete., required shall contain evidence relating to the
merits of the case.”
Section 1393 of Elliott on Evidence provides: “The
fundamental requirement as to the sufficiency of the
motion or petition is that it must be shown upon good
1855
and sufficient cause that the books, papers or docu-
ments sought to be produced or inspected contain evi-
dence material and pertinent to the issues and on
behalf of the applicant. * * * It is not sufficient to
allege generally the materiality of the books or docu-
ments, as this would not only be the averment of a
conclusion, but would permit the question of material-
[fol. 1298] ity to be decided by the applicant instead
of the court. Hence tt is not sufficient to allege that
such books or papers contain evidence relative to the
merits of the action, but it must be made to appear
where in such relation consists. In other words, the
Tale, as stated by the courts: ‘It is well settled, that an
order for discovery and inspection will never be
granted unless the necessity therefor is clearly shown’.”
(italics ours)
Respectfully submitted,
Bevpow, Emsry & Beppow
By: Roderick M. MacLeod, Jr. /s/
Roderick M. MacLeod, Jr.,
Attorneys for The New York Times
Company, a corp.
Sravs or Anapama—J upicraL DepaRTMENT
Tue Supreme Court or ALABAMA
Ocrosrr Term 1959-1960
Div., No. 927
PaarE :—
New Yorx Truzs Company, a Corporation, Petitioner,
v.
Prririon ror Warr or Manpamus
re:—The New York Times Company, a Corporation,
Honorable Walter B. Jones, Individually and as Judge
the Circuit Court of Montgomery County, Alabama.
1856 1857
[fol. 12991 q 1300]
The State of Alabama, COPY
oe ana Counts Montgomery: ste s — JUNE 29, 1960
, J. Render Thomas, Clerk of the Supreme Court © THE STATE OF ALABAMA—
Alabama, do hereby certify that the foregoing pages num- JUDICIAL DEPARTMENT
ered one to seven inclusive, contain a full, true, and cor-
rect copy of the Memorandum brief of authorities in Sup-
port of the Petition for Writ of Mandamus filed in the
** #42 *** * Supreme Court in the above stated cause,
as the same appears and remains of record and on file in
this office.
THE SUPREME COURT OF ALABAMA
OCTOBER TERM 1959-60
DIV. 927
Ex Parre:—Tue New York Trves Company,
‘Witness, J. Render Thomas, Clerk of the a Corporation, Petitioner,
Supreme Court of Alabama, this the 3
i9th day of July, 1960.
/s/ J. Render Thomas
Clerk of the Supreme Court of Alabama
Petition For Wait or Manpamus
re:—The New York Times Company, a Corporation, vs.
jorable Walter B. Jones, Individually and as Judge of
Circuit Court of Montgomery County, Alabama.)
(Montgomery Circuit Court)
No.— 27416
Comes the Petitioner, The New York Times Company, a
erporation, by Attorneys, and the Petition for Writ of
amus being argued and submitted and duly examined
understood by the Court,
IS CONSIDERED AND ORDERED that the Writ
and is hereby denied, and that the Petition be and is
y dismissed at the cost of the Petitioner, The New
wk Times Company, a Corporation, for which costs let
ention issue accordingly.
Iw Cmovrr Courr or Montcommry County, AuspaMa
Prawrers Exurerr No. 313
COPY
OCTOBER TERM 1959-60
THE SUPREME COURT OF ALABAMA
3 Div., No. 927
Ex Parre:—Tus New York Times Company,
a Corporation, Petitioner,
Perron FoR Writ or Manpamus
(In re:—The New York Times Company, a Corporation, v.
Honorable Walter B. Jones, Individually and as Judge of |
the Circuit Court of Montgomery County, Alabama.) 2
FROM Montgomery Cirenit Court No.—27416
CERTIFIED COPY OF
ORDER DENYING THE WRIT AND
DISMISSING THE PETITION
JUNE 29, 1960
1858 1859
[fol. 1301] a 1302]
STATE OF ALABAMA— a se in Cmcurr Court or Montcomery Coury, Atapama
JUDICIAL DEPARTMENT
THE SUPREME COURT OF ALABAMA
OCTOBER TERM 1959-60
3rd Div., No. 927
Ex Parte:—Tse New York Towss Company,
a Corporation, Petitioner,
Puamutirr’s Exumrr No. 314
tHe Ciecurr Court or Montcomery County, ALABAMA
No. 578
L. B. Sutzivay, Plaintiff,
vw v.
Perron ror Wart or Manpamus Tar New York Tres Company,
A Corporation, et als., Defendants.
(In re:—The New York Times Company, a Corporation, v. | :
Honorable Walter B. Jones, Individually and as Judge of 3
the Cireuit Court of Montgomery County, Alabama.)
(Montgomery Cireuit Court)
(No, 2741
He Cimcurr Court or Monreomery County, ALaBama
No. 579
The State of Alabama
City and County of Montgomery
I, J. Render Thomas, Clerk of the Supreme Court of 3
Alabama, do hereby certify that the foregoing page con-
tains full, true and correct copy of the Order Denying the
Writ and Dismission the Petition Made and Entered June |
29, 1960, By ** * * * * * * * * said Supreme Court in the
above stated cause, as the same appears and remains of }
record and on file in this office.
Ean D. Jamus, Plaintiff,
Vv.
Tas New York Tores Company,
A Corporation, et als., Defendants.
tHe Crecurr Court or Monreomery County, ALaBama
Witness, J. Render Thomas, Clerk of the : No, 580
Supreme Court of Alabama, this the 3
29th day of June, 1960.
/s/ J. Runpex Taomas
Clerk of the Supreme Court of Alabama 7
Frank W. Parks, Plaintiff,
v.
Tre New Yor« Trmes Company,
A Corporation, et als., Defendants.
'o Attorney Fred Gray, 34 North Perry Street, Mont-
gomery, Alabama, as attorney of record for defendants
1860
Ralph D. Abernathy, S. S. Seay, Sr., Fred L. Shuttles-
worth, and J. E. Lowery,
and
To Messrs. Beddow, Embry and Beddow, 204 Massey Build-
ing, Birmingham, Alabama, Attorneys for The New
York Times Company, a Corporation:
Please Take Notice that at 10:00 A.M. on the 24th day |
of June, 1960, in the offices of Walter Graham, official
court reporter of the Circuit Court of Montgomery County,
Alabama, Court House, Montgomery, Alabama, plaintiffs
will take the depositions of defendants Ralph D. Aber- 3
nathy, 8. S. Seay, Sr., Fred L. Shuttlesworth and J. H.
Lowery.
[fol. 1303] The above depositions will be taken by oral
examination, pursuant to Act No. 375 of the Regular Session
of the 1955 Alabama Legislature (Title 7, Section 474 (1)
and 474 (18), Code of Alabama 1940 as amended), said
Walter Graham being an officer authorized to administer
oaths by the State of Alabama.
This oral examination will continue from day to day
until completed. You are invited to attend and eross ex-
amine.
These said defendants will be examined regarding any
matter, not privileged, which is relevant to the subject
matter involved in the pending action, whether it relates
to the claim of the plaintiffs or the defense of the defen-
dants, including the existence, description, nature, custody,
condition and location of any books, documents, or other
tangible things, and the identity of persons having knowl-
edge of relevant facts.
This June 15, 1960.
/s/ Srsuver, Crum & Baxzr
Steiner, Crum & Baker
By /s/ M. B. Nacuman, Jr.
M. R. Nachman, Jr.
/s/ Scort, Wurresexia & Scorr
By /s/ Catvin Wairesetn
Attorneys for Plaintiffs
1861
iy ree Cmcurr Court or Montreomery County, ALABAMA
At Law.
Case No. .....
L. B. Surzavan, Eart D. Janus, &
Frank W. Parks, Plaintiffs,
vs.
‘Tax New York Tres Company, A Corporation, Ratpx D.
Asrernatay, Frep L. Saurrimsworru, §. S. Szay, Sr.
and J. E. Lowzry, Defendants.
‘fol. 1304] Deposition of J. E. Lowzry taken on behalf
of the Plaintiffs, pursuant to the provisions of Act No. 375,
proved September 8th, 1955, being Title 7, Section 471 (1)
‘et seq., of the Code of Alabama, 1940, as amended, before
Walter E. Graham, Official Court Reporter of the 15th
fadicial Cirenit of Alabama at the Court House, Mont-
‘gomery, Alabama, Saturday, June 25th, 1960.
STIPULATION
It is stipulated by and between the parties that this
E deposition is being taken before Walter E. Graham, Official
E Court Reporter of the 15th Judicial Cirenit of Alabama.
“At is agreed that all formalities in connection therewith
esses are hereby waived; the oath administered by the
issi being sufficient. It is agreed that objections,
except as to the form of the question and to leading ques-
tions, need not be made or noted at the taking of the deposi-
tion, but may be made at the time the deposition i is offered
= in evidence and any legal grounds may be assigned in sup-
port of said objections.
Mr. MacLeod: It is stipulated and stated for the Record
that the presence of counsel for the defendant, The New
1862
York Times Company, is strictly in connection with the
special appearance made by The New York Times Company
to test jurisdiction of the Circuit Court and is not in any
wise a general appearance and not in any wise a waiver of
the defendant, The New York Times Company, special ap-
pearance and is not a submission to the jurisdiction of the
Circuit Court and is not a general appearance in this cause.
Mr. Baker: The plaintiff would like to state for the
Record that these depositions have nothing whatsoever to
do with the special appearance of The New York Times
[fol. 1305] and we don’t expect to adduce any testimony
that would be relevant or pertain to the special appearance.
This deposition relates solely to the merits of the contro-
versy.
Mr. Nachman: In amplification of Mr. Baker’s statement,
the primary purpose of this discovery is on the merit.
Of course, we don’t restrict the use of this deposition in
any way at any stage of the proceedings. It is my under-
standing that three of the defendants will be here for this?
Lawyer Gray: That’s right.
Mr. Nachman: We can continue or adjourn the deposi-
tion to take Rev. Shuttlesworth at a later date under the
same agreement we have—
Lawyer Gray: That’s agreeable, yes.
fol. 1306]
In Crecurr Court or Monrcomery County, ALaBpama
1863
Puanvrirr’s Exurerr No. 315
In rae Crcuir Court or Monrcomery County
No. 578
L. B. Sunurvay
vs.
Tue New Yorx Times Co.,
a corporation, etal.
No. 579
East D. Jones
vs.
Tue New Yorx Truss Co.,
a corporation, et al.
No. 580
Frank W. Parks
vs.
Tue New York Tres Co.,
a corporation, et al.
The Depositions of Cravpe F. Srrron and Tuomas M.
-Hovriey, taken pursuant to Notice on file with the Clerk of
Cireuit Court of Montgomery County, Alabama, by the
ntiffs in the above styled cases, pursuant to Act 375
1864
of the Regular Session of the 1955 Alabama Legislature,
before Burma Denny, Notary Public and Deposition Com-
missioner, at 1504 Healey Building, Atlanta, Georgia, at
10:00 o’clock A. M., on Friday, June 3, 1960.
APPEARANCES
Steiner, Crum & Baker by
M. RB. Nachman, Esq. and
Sam Rice Baker, Esq.
Beddow, Embry & Beddow, by
T. Erie Embry, Esq.
Thomas Daly, Esq.
Fred D. Gray, Esq.
For the Plaintiffs:
For the Defendants :
The New York Times Co.
Ralph D. Abernathy:
Fred L. Shuttlesworth
8. 8. Seay, Sr.
J. E. Lowery
[fol. 1307]
INDEX
Exam. by Exam. by Exam. by
Mr. Nachman Mr. Embry Mr. Gray
Claude F. Sitton 3, 57 55
Thomas M. Hurley 57, 73 TL 72
Mr. Embry: Let the record show, Roland, that Mr.
” Daly and I appear for the sole purpose of cross-examination
of this witness on any testimony elicited pertinent to the
grounds of the Motion to Quash filed by the defendant New
York Times Company in this case, and that by appearing
we in no wise waive our limited and special appearance
filed by filing the Motion to Quash, nor do we make any
general appearance in the cause but appear solely at the
taking of this deposition to cross-examine as to evidence
pertinent to the grounds contained in the Motion to Quash
on the basis of the jurisdiction of the Court and expressly
objecting to the jurisdiction of the Court.
Mr. Nachman: I might state at this point we have stipu-
lated with counsel for The New York Times that we under-
stand that their appearance, or the appearance of their
1865
agents, at this deposition in no manner waives any grounds
raised by their Motion to Quash Service and it is stipu-
lated that it shall not be considered as a general appear-
ance in this case.
(Discussion off the record.)
Mr. Nachman: This deposition proceeding is taken pur-
suant to Act 375 of the Regular Session of the 1955 Ala-
bama Legislature. It is stipulated that the signature of
the deponents is waived.
The witness, Cuaupe F. Srrron, being first duly sworn,
=; testified as follows:
{fol. 1308] Examination by Mr. Nachman:
*Q. Would you state your name, please, sir?
A. Claude—C-lLa-u-d-e—F., as in Frank, Sitton.
Q. Are you a resident of Atlanta?
A. That’s correct.
: Q. Am I correct that you are employed by The New
“York Times Company, the defendant—one of the defendants
in this case?
A. Iam employed by The New York Times, yes.
Q. There’s no distinction between The New York Times
ch use it and The New York Times Company, Incor-
ated?
(| A, Idon’t think so.
, Q. Would you consult with your attorneys and see
fhether there is any distinction?
Mr. Embry: That’s correct.
Mr. Daly: I don’t think it’s “Incorporated;” it’s The
ew York Times Company.
Mr. Embry: A company.
Q. A corporation. How long have you been employed
The New York Times, Mr. Sitton?
A. Since October, 1957.
1866
Q. Beginning with that date, would you state for the
record what your duties have been with The New York g
Times?
A. From October, 1957, until May, ’58, I was employed
as a copy editor with The New York Times in New York, 3
resident of New York City. In May of 1958, I was trans-
ferred to the South as Southern Correspondent of The
New York Times.
Q. I might interrupt at that point. At what place—to
what place were you transferred in the South at that time,
or did you continue to live in New York?
A. Well, my family continued to live in New York until
July of ’58, and I actually had no residence as such.
Q. In other words, the change of assignment at that time 3
did not—
A. Well, my legal residence all along had been Rockdale :
County, Georgia—my legal residence, that’s where I voted @
[fol. 1809] and so forth. I actually only rented an apart- 3
ment in New York.
Q. Go ahead.
A. And since May of ’58, I have covered the South for
The New York Times, southern territory.
Q. You have, you say, held the same position with The ©
Times since that date in 1958?
A. That’s correct. ‘
Q. Up to the present time?
A. That’s correct.
Q. What is your position in Atlanta, what is the title
that you have, is it Southern correspondent?
A. Southern Correspondent.
Q. The Times does have an office in Atlanta, does it not? 3
A. I have desk space at the Constitution.
Q. Isee. How many employees does The Times have in i
Georgia, in Atlanta?
A. Two that I know of.
Q. You and Mr. Hurley?
A. No, myself and a part-time secretary.
Q. Did John Popham ever live in Atlanta?
A. No.
Q. Did he ever have a position as southern corresponden
of The Times?
1867
A. Yes, he did.
. He was your predecessor?
‘A. That’s correct.
. In a general way, Mr. Sitton, would you outline what
duties are as Southern Correspondent of The New
Times?
‘A. Well, to cover news in the South.
Q. Gather news?
A. That’s correct.
. What area is embraced by the term “South” as you
it?
Virginia, Kentucky, North and South Carolina, Ten-
e, Georgia, Florida, Alabama, Mississippi, Louisiana,
nsas.
. Does The Times have other so-called regional corres-
1310] pondents—if that is the correct phrase—such as
elf for other regions?
i Yes.
Q. How many other regions constitute the geographical
down?
A. Well, actually, some of these men are not—well, we
a man in Boston, have a man in Detroit, have two
in Chicago, one man in San Francisco, two men in
Angeles, one man in Hollywood.
. I take it from your earlier testimony that Atlanta is
base of operations, so to speak?
A. That’s correct.
. Is it your duty, Mr. Sitton, to regularly canvass the
nt events that are taking place in these states you
ve named and to transmit to The Times any news-
: hy events that occur in those states?
A. No, only selected events.
Q. Who selects them?
Sometimes I do, sometimes The Times does.
fQ. In other words, sometimes you’re sent into these
fous states on special assignment from the New York
ee and other times—
It’s sort of a case of mutual agreement. Some stories
’s no question we should cover. Other stories, I confer
th the desk in New York and after talking it over, we
eh a mutual decision on it.
1868
Q. Mr. Sitton, this is probably elementary to you but
for those of us who aren’t so well versed in the newspaper
business, would you mind explaining how a news story,
let’s say, gets to The New York Times for publication ; sup-
pose you're covering a news event in one of these states,
how would you get the story to The New York Times from
that state?
Mr. Embry: We object to that question as being too
vague as to a news story unless it’s specified some par-
ticular story or unless the question calls for an illustra-
tion of the particular incident.
Mr. Nachman: All right. I'll make it more specific.
By Mr. Nachman:
Q. Mr. Sitton, do you recall that on a Sunday, March 6,
1960, where you covered a so-called demonstration in the
City of Montgomery, Alabama?
[fol. 1811] A. I think I did, yes.
Q. You were present in Montgomery on that date?
A. I think so.
Q. And you recall the demonstration I’m talking about
which occurred on the corner of Dexter and Decatur Streets
in Montgomery near the capitol in front of Martin Luther
King’s church and the Supreme Court Building?
A. I don’t recall the demonstration. I was there, there
‘was some trouble there.
Q. I didn’t mean too put the word “Demonstration” in
your mouth. You recall the occurrence there?
A. I recall an occurrence there. I was there, yes.
Q. In terms of Mr. Embry’s objection, did you send a
story to The New York Times covering that occurrence?
A. Yes, sir.
Q. Would you state how that story got to The Times :
for publication?
A. I called it in.
Q. From Montgomery?
A. That’s correct.
Q. You dictated the story over the telephone?
A. That’s correct.
1869
Q. To someone in New York?
_ A. It was recorded on a plastic disk, yes.
2 Q. In New York?
A. Yes.
Q. In the offices of The New York Times?
A. Correct.
Q. In addition to the correspondents, the regional cor-
ondents, that you named and specifically in the states
eome under your jurisdiction, does The Times have
alled string correspondents in these states and specifi-
ily in Alabama?
' Mr. Embry: We object unless it is shown whether he
knows whether they have or not.
Q. Do you know?
fol. 1312] A. You refer to my jurisdiction there. This is
ot really my jurisdiction; I have no—I’m—I'm simply
‘a reporter down here, I cover the South and, as I said be-
re, I told you the basis. I have no—no jurisdiction what-
soever over any other operations that might be conducted
this area.
Q. Well, do you know, or don’t you, whether there are
located in Alabama certain so-called string correspondents?
A. I know one stringer in Alabama, yes.
Q. What is his name?
A. Don McKee.
Q. Do you know a man in Birmingham named John R.
Chadwick?
A. No, sir.
Q. Do you know whether or not he is a string corres-
yondent?
A. I don’t know him, how could I know?
Q. I thought you might be making a distinction between
snowing him personally—
AL T’ve never talked to him, I’ve never met him.
Q. Do you know of his existence?
A. That would be hearsay, wouldn’t it?
Mr. Embry: Don’t argue with him.
Q. Whether it would be hearsay or not—
A. I’ve heard that there is such a man there, yes, sir.
1870 a 1871
Mr. Baker: The question was did he know of —
Mr. Embry: —or that such have any duties.
A. I have no connection with the string correspondents.
-—as far as I know, all the string correspondents di-
y are under New York.
Q. Yes, sir. I didn’t ask you under whose supervision
were; I asked you whether you knew what their gen-
duties were from your knowledge of the workings of
he New York Times.
=: Mr. Embry: We object to that as it calls for an outline
@uties and assumes in the question that they have duties
h would assume that they have some contractual re-
mship or employment contract with the defendant, The
York Times.
. Will you go ahead and answer?
1314] Mr. Nachman: Are you directing witness not
y answer or making your objection for the record?
. Embry: No, he can answer.
Q. And you’ve heard that he is a string correspondent?
A. Yes.
Q. —for The Times? Do you know, either personally or #
through hearsay, of a man named Castle in Mobile who— @
‘A. Tye heard of his name—heard his name mentioned
once.
Q. As a string correspondent of The Times?
A. Yes.
Q. Do you know a man named William MeDonald in
Montgomery?
A. Yes.
Q. Do you know whether or not he was at one time a
string correspondent for The Times?
A. He told me he was.
[fol. 1313] Q. Do you know a man named G. C. Long in
Montgomery?
A. No.
Q. Do you know a man named Murphy in Montgomery
who was at one time a string correspondent for The Times?
A. What is his full name?
Q. Charles Murphy, I believe.
Mr. Daly: You believe to be.
A. I don’t know. I don’t know this man was a former
string correspondent of The Times. Whether I’ve met him |
or not, I do not know, I don’t recall. I don’t recall ever
meeting a man by that name but it’s possible, but I don’t
know him as a former string correspondent for The Times.
Q. What are the duties of a string corrspondent, Mr.
Sitton?
A. I’ve never been a string correspondent, I couldn’t
testify to that.
Q. Do you, as a result of having been with The New
York Times since 1957, I believe you said—is that correct?
A. Correet.
Q. Do you know from general knowledge you have ob-
tained of the workings of The New York Times what the
duties of a string correspondent are?
Mr. Embry: We object to that, as to what the duties 3
of a string correspondent are, as it is not shown that this
“witness is either a string correspondent or that he has—
Would you restate the question?
Mr. Nachman: (To the reporter) Would you read the
stion, please?
‘The previous question was read by the reporter.)
Q. Iam, of course, referring to string correspondents.
A. I assume they file stories to The Times, news stories.
Q. Mr. Sitton, I don’t mean this as an exclusive break-
but I have noticed, in reading The Times, that there
m to be several ways in which a story is identified—
some instances, it is identified by a by-line written by a
orrespondent such as yourself; in other instances, it’s
ntified by either an AP or UP symbol.
A. Yes.
Q. In that instance, I take it The New York Times is
ng its story from the wire services of either the AP
UP as the case may be, is that correct?
A. I suppose it’s correct, yes.
Q. In a third instance, there is—the story is identified
it is on Page 50 of the Sunday, April 10—Sunday, Sun-
1872
day paper, April 10, 1960, edition of The Times, a page
of which I show you.
A. With just a “Special” slug on it.
Q. That’s correct. .
A. They use that sometimes on my stories. For example,
I may have three or four stories in the paper and we have
a rule only—they give only one by-line and [ get a by-line
on one story and the other stories have “Special, New York 4
Times.” . ; _
Q. When a story is identified as it has been in this issue
of the Times—let me identify this for the record as Plain-
tiff’s Exhibit 1.
(The document referred to was identified by the reporter
as follows: 6-3-60 P-1 B. D. It is attached hereto as a part |
of this deposition.)
Q. When it’s identified as it is here now, “Special to The
[fol. 1315] New York Times,” and then a Montgomery,
Alabama, dateline, does that indicate that the story or the
basis—the facts that form the basis of the story have been
sent in to The New York Times office by someone in Mont-
gomery?
Mr. Embry: We object to that; it’s a conclusion of—calls
for a conclusion on the part of the witness.
A. I don’t really know, I can’t say. I mean I just don’t :
know.
of identifying news stories, doesn’t this “Special to The
New York Times” phrase mean anything in the manner
in which The New York Times identifies its stories?
A. It means it’s a special.
Q. What does that mean, that it’s a special?
A. Well, as I say before—I said before, sometimes I file |
stories that don’t have my by-line on them but have “Special @
to The New York Times.”
Q. Let me put it this way, Mr. Sitton. It does indicate, |
does it not, it did not come in from one of the wire services, 3
isn’t that correct?
Q. Well, doesn’t The Times have some general methods a
A. I think—I think that would be correct, yes.
Q. In other words, when The Times is using a wire ser-
= Vice story, it identifies it either AP or UP? I don’t know
whether they use INS, but anyway, either AP or UP; is
that correct? ,
A. Sometimes. Sometimes they put it in the body of the
TY.
Q. There is an attribution when they use an AP or UP
ry, is there not?
A. I'm a reporter, I’m not a desk man. I don’t work in
few York now.
~Q. I understand that.
‘A. I can’t—I cannot—I think so, as far as I know. But I
't testify to that from first-hand knowledge.
Q. And your testimony is you don’t know, then, what
phrase, “Special to the New York Times”
A. Yes.
. —is designed to connote?
A. It means it’s a special; it isn’t sent in by the wire—
her of the wire services.
1.1816] Q. Do you know what category of persons send
stories in?
A. I send them in.
. You send them in?
Yes.
. Or some other correspondent?
No, not another correspondent necessarily.
. I don’t mean for this particular story. I mean—
Yes. Stringers, they send in stories, I think, that are
ed in that manner.
. That’s what I was getting at. When stringers send
those stories, they are also designated “Special to The
lew York Times,” are they not?
I think so, yes.
In a fourth category of stories, there’s no identifica-
whatever; it’s just a story, so to speak,
es.
What does that indicate, is that a rewrite or—
No, the small city stories that don’t carry a by-line
aily carry no slug at all.
1874
Q. Mr. Sitton, do you recall any discussion you had with
Don McKee, specifically in around the time of the Civil
Rights Commission hearings in Montgomery in late De-
cember of 1958 and early January, 1959, about becoming
a string correspondent for The New York Times?
‘A, I did talk with him about it, I think, yes.
Q. And did you specifically solicit for The Times his
services as a string correspondent for The Times?
Mr. Embry: We object to the—to that as it doesn’t call
for what was said by Sitton and what was said by McKee
but ealls for a conclusion upon his part as to what was meant
by the word “solicitation.” If you’re going into a con-
versation, show what was said by him and what was said
by McKee.
Mr. Nachman: You're not directing the witness not to
answer but just objecting, as I understand it.
Mr. Embry: Objecting to the form of the question.
Mr. Nachman: You're not directing the witness not to
[fol 1317] answer but just registering an objection.
By Mr. Nachman:
Q. Go ahead.
A. Would you restate the question, please?
Q. (Read by the reporter) And did you specifically solicit
for The Times his services as a string correspondent for
The Times?
Mr. Embry: We object to that and we direct the witness
not to answer, as calling for a conclusion as to what is
meant by “solicitation.” We do not object to the question
asking what was said by him and what was said to McKee.
Q. Was there a conversation?
Mr. Baker: Wait a minute.
Mr. Embry: I’m directing him not to answer.
By Mr. Baker:
Q. Are you declining to answer?
Mr. Embry: I’m directing the witness not to answer that
in the form asked.
1875
Mr. Baker: Well, the witness can foll irecti
. low your direction
ie eins t. We want the record to show which he’s going
Mr. Embry: I will let the witness s
k i eak as to wh
i he’s going to follow my direction or not, S fo whether
A. I am following his direction.
By Mr. Nachman:
Q. Do you decline to answer?
4 7 decline to answer.
). Mr. Sitton, was there a conversation at the times—
during the period I have indicated in Montgomery hetwedh
you and Don McKee regarding his becoming a string cor-
respondent for The New York Times? ~
ae Daly: (To the reporter) Will you read that ques-
(Question read by the reporter.)
ae Daly: At the Times?
cate Sonam During this period of late December and
Mr. Daly: I thought you were referring to The Ti
T
Mr. Nachman: No, the period. BOO
A. To the best of my knowled;,
t ige, I spoke to McK.
fol. 1318] told him that we had no siringer in Maneocc
id I thought The New York Times was interested in a
nger and asked him if he were interested. He indicated
was. I told him I would pass his name on to New York.
: wa ed would get in touch with him. ,
. Was Mr. McKee recommended to you b
lid you happen to know him personally? Feanyboty o
AL Idon’t really recall. I had known him. I had met him
B visits to our advertiser. I don’t recall, he might have
enn iL ue have spoken to someone about him, asked
whether he was a good man or I might ha
eis had written. I don’t recall. 8 ve seen Some
s answering the question, you used the word “in-
terested,” that The Times was interested in having a
1876
stringer in Montgomery; why was The Times interested in
having a stringer in Montgomery?
Mr. Embry: We object to that; it would call for a con-
clusion on the part of the witness. It calls for the mental
operation and a statement as to what is contained in the
mind and thoughts of another person.
Q. Do you decline to answer the question?
Mr. Embry: I direct him to not answer that question in
the form asked.
Q. Do you decline to answer the question, Mr. Sitton?
A. I decline to answer that.
Q. How did you know The Times was interested in hav- :
ing a stringer in Montgomery?
A. They had told me. ;
Q. Did they give any reason why they were interested
in having one in Montgomery?
Mr. Embry: We object to the unless it calls for what
was said and by whom and direct him not to answer it as
far as did they give a reason.
Q. Do you decline to answer?
A. I decline to answer.
Q. Who told you that The Times in—was interested in |
having a stringer in Montgomery?
[fol. 1319] A. To the best of my knowledge, it was Harold a
Faber, the assistant national news editor.
Q. As a matter of fact, he’s in charge of all the stringers 3
for The Times, is he not?
Mr. Embry: We object to that as to what is meant by
“in charge of” and as not calling for knowledge that is in
possession of this witness.
Q. Do you decline to answer the question?
A. I decline to answer.
Mr. Nachman: Are you directing the witness not to a
answer?
Mr. Embry: I direct him not to answer it in the form :
asked.
1877
Q. What are Mr. Faber’s duties in regard to stringers?
Mr. Embry: If you know.
A.I don’t feel competent—I don’t feel competent to
_ answer that question. I don’t work in New York.
Q. You don’t know?
A. No. I don’t work in New York. I’ve never worked
the national news desk. I just—I don’t feel I’m com-
nt to answer.
Q. It’s your testimony here you have no knowledge
‘tever of the relationship between Mr. Faber, Mr.
Harold Faber, and the stringers?
A. I don’t think I said that.
Q. Pm asking you is that your testimony?
A. No.
Q. Would you state what knowledge you have about
. Faber’s relationship with the stringers?
- A. Could you ask me a specific question about—you’re
asking me to generally describe his relationship with the
. stringers?
_ Q. That’s correct.
A. I don’t know that. If you ask me a specific question
about his relationship with the stringers, possibly I can
answer.
Q. Well, would—
A. I can’t generally give you a description of what he
S, NO.
ffol. 1320] Q. I’m asking the question that way. If it is
your answer you can’t tell me what general knowledge you
have about Mr. Faber’s relationship with the stringers,
that’s your choice.
A. Well, now, the best of my knowledge, and this is—
this is—this is almost completely hearsay because I have
never been present at any time when Mr. Faber had any
dealings with stringers. Mr. Faber—he gets in touch with
these stringers when he’s interested in having a report on
some event that’s taking place and requests that they file
@ story.
» Q. What does he have to do with the employment of
stringers?
1879
1878
Mr. Embry: We object to that as the question assumes
that the stringers are employed by The Times and I direct
you not to answer it.
The Witness: I don’t think I could answer that anyway
because I don’t know.
Q. What is the status of a stringer with regard to The
Times?
Mr. Embry: We object to that; it calls for a conclusion
on the part of the witness.
A. It’s outside of my province.
Q. Mr. Sitton, I understand you may not know evyery- 4
thing about these questions I’m asking you and of course
you're free to limit the extent of your knowledge any way
you want to. But this is a discovery proceeding and we
intend to obtain this discovery as fully as possible. I think
it might save us all a lot of time and expense if you would 3
answer the questions to the best of your knowledge and ;
as fully as possible, limiting the answers in any way you
see fit. I’m not trying to ask you to go beyond the scope g
of your knowledge. :
A. I’m trying to be as cooperative as possible.
. It will save a lot of time and expense.
A. Surely. I would like that.
Mr. Embry: We don’t view this as discovery but rather |
our view of it would be that the deposition is being taken §
for use as evidence in connection with the hearing. 4
Mr. Baker: Taken under Act 375, which is a discovery
[fol. 1821] deposition. E
Mr. Embry: On the Motion to Quash, it is our view you J
would not have any right to discovery on grounds con- !
tained in the motion. 3
Mr. Baker: Let the record show that if this keeps up, |
we're going to ask to tax you all with the entire cost of 3
this proceeding.
Mr. Embry: That’s your privilege.
Mr. Nachman: And also ask the Court to take further @
proceedings in Montgomery because we have undertaken 3
this at considerable expense at a place where Mr. Sitton
lived for his convenience. And we do intend to discover @
| fully. The Notice was qui i i iti
u quite plain that this d ti i
being taken under Act 375, within the scope of that Act,
By Mr. Nachman:
Q. ue. Sitton, I would like to get back to my question
to those operations and ask you again to give us your
owledge and information about the relationship of the
ngers to The New York Times.
rales as ed they file—I assume—I suppose that
‘e stories to The New York Ti f i i
och Geren imes from time to time
}. And are they people who are on call f: The Ti
file stories when The Times want: mon ee
do mts a story from a given
Mr. Embry: We object to that; it i
i . k calls for a conclusion
on his Bart and I direct him not to answer what is meant
‘on call.
wee ete Tints regularly ask these stringers for
st rding ce: i i H
Rowe eee goer ain news events in the areas in which
A. What do you mean by “regularly”?
Q. Well, is this a regular procedure of The Times, that
hen The Times feels that there is a news story of note
ing on in an area where a particular stringer lives, that
e Times calls on this stringer for a story? ,
A. I will answer your second question Yes.
= ar that’s the purpose of having the stringer there,
> A. Sure.
. Of course it is. Am I not also correct Mr. Faber for
he Times—or at any rate, The Times sends out instruc-
fol. 1322] tions to the stringers, general instructions about
w they are to conduct their business and their opera-
ions?
A. I don’t believe I can—you can ask m i
don’t work in New York, Tm not conmecied Sen He
p stringer system. I work in Atlanta; I’m a reporter, that’s
How do I know what Mr. Faber does? [’ve never seen
- Faber send out any instructions, no.
Q. Do you know of your own knowledge or through your
1880
1881
general knowledge of the operations of The Times whether
a general set of instructions is sent out to stringers?
A. A general set of instructions?
Q. General instructions in written form.
A. I’ve heard that there was, yes. 4
Q. That general instructions are—in written form are @
sent out to the stringers? s
A. Wait a minute, now. Would you go into this “general 4
instructions”? What do you mean by “general instrue-
tions”?
Q. I mean instructions to the stringers about how they
are to conduct their business insofar as it relates to The
New York Times.
A. Conduet their business?
Q. The business of sending news stories in.
A. I think I’ve heard that instructions are sent out as
to how they should transmit the stories, giving telephone
number, that sort of thing, yes.
Q. And those instructions emanate from the home office,
so to speak, in New York?
A. So I’ve heard, yes.
Q. Have you heard anything to the contrary?
A. No.
. They reimburse my account in a local bank.
Does that mean that The Times deposits in a bank
your designation an amount equivalent to the amount
submit on your partienlar expense account?
A. If they agree with the expense account.
Q. Yes, on that assumption, of course.
A. That’s correct.
Q. I assume that they would never disagree with such
able reporter as yourself. °
A Than! k you, sir.
Q. It is, as I understand it, part of your job, Mr. Sitton,
© be where the newsworthy events are going on in the
ea covered by a southern correspondent; is that correct?
A, Yes, sir.
: Q. Would you consider that during the past four years
tbama has been a rather newnaorthy: atts? *
. A. Not—not overly so, really, no. That’s the last four
's; I’ve only been down here.
Q. Let’s cut it off—
eA. Yes, at the period I’ve been in the South.
. Q. Yes, sir.
A. I wouldn’t say overly so. I have—goodness alive!
fol. 1324] I’ve spent much more time in other states than
have in Alabama.
¢ Have you spent as much time continuously in other
ates
A. Oh, yes.
. Q. Leaving out where you live?
A. Yes, yes, goodness.
Q. No, Mr. Sitton—
A. For example, I spent two months—two months at one
rhack in Little Rock without a day off.
Q. Now, am I correct, sir, you covered the Civil Rights
Commission hearing in Montgomery which began on De-
mber 1, 1958?
A. To the best of my knowledge, I did, sir.
Q. And did that coverage necessitate your physical
sence in Montgomery during that time?
,A. I was there.
& Yon were there in Montgomery during the whole
Q. Do you have anything to do with the advertising?
A. No, sir.
Q. Do you know how ads are obtained from advertisers
in Alabama for The New York Times?
A. No, sir.
Q. Mr. Sitton, when you go to Alabama—let’s use your
[fol. 1823] March 6th trip—are your expenses paid by
The New York Times?
A. Yes, sir.
Q. What procedure do you follow in submitting your
expenses to The New York Times for reimbursement?
A. I file a—file an expense account which is in the
amount and I’m reimbursed for the amount of the expense:
Q. Do you have regular specified forms for sending it
in or do you send it in in your own way?
A. No, I have forms.
Q. Those forms are furnished by The Times?
A. That’s correct.
Q. And are you reimbursed by check or other—special
voucher?
1882
A, T’m not sure about the whole time; I think I was
there during the whole time to the best of my knowledge.
Q. Was there another—were there any other Times cor- 4
respondents there too during any of that period?
A. No—there are—
Q. Let’s use the period, say, from December 1, 1958,
through January 29, 1959, roughly the months of December,
1958, and January 759.
Mr. Embry: Is that a question?
Mr. Nachman: Yes.
By Mr. Nachman:
Q. Were there any other New York Times correspon-
dents other than yourself physically present in Montgomery
during any of that period of time from early—
A. I think I heard one came over there the latter part
of January. I’m not real sure about the dates on this.
Q. That was Russell Porter, was it not?
A. That’s what I heard, yes.
Q. And he is a regular New York Times correspondent
too, is he not?
A. As far as I know, yes, sir.
Q. Regularly salaried—
[fol. 1825] A. As far as I know, yes.
Q. —person. Now, what did your news gathering ac-
tivities consist of while you were in Montgomery during
this period?
A. Covering the hearing.
Q. That means you attended the hearings, of course?
A. Uh buh. (Indicating affirmative.)
Q. And I believe there were some other proceedings in a
the United States District Court in Montgomery during
that time?
A. Yes, sir.
Q. And you attended those?
A. Yes, sir.
Q. There were also, I believe, some events which took
place outside of Montgomery; specifically, there were some
events that took place in Barbour County?
A. Yes, sir.
1883
Q. And there some took place in the town of Clayton?
A. Yes, sir.
Q. And in the town of Union Springs?
A. Yes, sir.
Q. And you went down to those places?
A. Yes, sir.
Q. Did you go over to Wilcox County or Dallas County
ring that time?
A. No, sir.
Q. Did you interview any persons in Alabama, residents
Alabama, while you were there on this coverage?
A. Yes, sir.
Q. Would you state the names of some of the persons
jom you interviewed?
Mr. Embry: We object to his—and direct him not to
ver.
© ALT decline to answer it.
Mr. Embry: There’s a privilege on disclosure of the
‘source of his information. It sheds no light on the issues
made under the motion as to the identity of such persons.
Mr. Baker: For the record, we will state that the names
{fol. 1326] of people from whom he has gathered news in
labama is a material and pertinent inquiry and we think
‘we are entitled to know it.
3 moar Embry: The question doesn’t ask what he got from
em?
Mr. Nachman: No, I merely asked the persons whom
© he interviewed and talked to while he was covering these
s news stories for The Times.
Mr. Embry: We withdraw that objection.
Mr. Daly: You have no objection?
The Witness: No.
= Q. We're not asking you for the specific things they told
E you but for the names of the people you talked to.
Mr. Daly: We have no objection.
A. I talked to Sam Lemaistre down in Clayton, isn’t it?
Q. Yes.
A. And talked to little George Wallace down at Clayton.
Talked to Wallace’s attorney, I forget his name.
1884
Mr. Embry: I didn’t know George had a lawyer.
A. And a number of other people.
Q. And I take it you interviewed the members of the
Civil Rights Commission from time to time, Mr. Hanna
and others?
A. Interviewed them?
Q. Either interviewed them by yourself or as a part
of a—
A. I was there.
Q. —news conference.
A. I was there in the hearing room. Now, Mr.—Mr.
Story was foreman at that hearing, he issued statements.
I put those down. I don’t recall—
Q. Do you recall that the day before the hearing began
there was a press conference on a late Sunday afternoon
at which the correspondents, newspaper people there, were
given an opportunity to interview and ask questions of
the members of the Commission who were present? :
A. Now, to the best of my knowledge, and I might be
wrong, but to the best of my knowledge, I don’t think I
was present for that news conference.
{fol. 1327] Q. I see, sir. So that your news coverage con-
sisted of attending the various proceedings, the Commis- ¢
sion proceedings and the court proceedings, and in inter-
viewing people who were involved, so to speak, in the “g
ission and by the 3
|
various matters
Court?
A. Some of those involved, yes.
Q. I believe there were also photographs in some of
‘ed by the C
the stories that The Times carried about these matters, 4a
were there not?
A. I don’t really recall.
Q. You don’t recall that. Who, on the assumption that
there were such pictures—for example, on the assumption
that in The New York Times on January 16, 1959, there
was a picture of George Wallace walking up the steps of
the Federal Court Building with his attorney. Who would
have arranged for such a picture? Would you?
A. I told you—
1885
Mr. Embry: We object—if he assumes that there was
a picture, who would have arranged it—it doesn’t ask for
@ anything within the witness’s knowledge unless he happens
to know about this picture.
AL I think I can clear that up. I wasn’t present for that
hearing; of course I would have no knowledge. I remember
seeing the picture in The Times. I believe I was in Florida
. on vacation and I saw the picture in The Times.
. Q. Now, to ask the question again, I will call your atten-
tion to a story which was under your by-line, one that ap-
peared in the January 14, 1959, issue, which carried a pic-
ture of George Wallace; do you recall that story and that
picture?
A. If you had the picture.
Q. It was a story with a Clayton date line.
A. You said before—is this a different—
Q. I’m referring to a different picture. You said you
; were not there, you were on vacation.
A. I said to the best of my knowledge I wasn’t there. I
- eould refresh my memory on those dates if it’s very im-
portant.
Q. I understand you—
[fol. 1328] A. I’m not sure because part of that time
Porter was there. At least I heard he was there; I was on
vacation.
Q. For that reason I’m referring to another that might
refresh your memory.
A. This is a picture of Clayton?
Q. This was a picture of George Wallace which ap-
eared in a news story with your by-line under the date
ft a amuary 14, 1959, with a Clayton, Alabama date line.
. Yes.
Q. Now, who would have arranged for that picture to
have accompanied the news story?
A. It probably—
Mr. Daly: Who would have arranged for the taking of
the picture?
Mr. Nachman: For the taking of the picture and trans-
: mitting of the picture. ~
1886 1887
Mr. Embry: We object, whether he—if he didn’t make
the arrangement, whether he knows or that there were any
arrangements made. It assumes—
Mr. Daly: Off the record.
Mr. Nachman: We, of course, would like to know how
The Times gets pictures from Alabama.
‘A. Off the record. I don’t want to say anything about
that picture without seeing something on it. In a thing 3
like that, that was a long drawn out proceeding and I would
rather not say. If you’ve got a copy of the picture, Til be |
glad to tell you the best of my knowledge what I know
about it. :
Q. Let me ask you this way. Is it from time to time cus- |
tomary for you to decide that a picture should go along
with a news story? 3
A. No.
Q. Who makes that decision? E
A. It’s made in New York to the best of my knowledge.
Q. How do the people in New York get the picture?
Mr. Embry: If you know.
[fol. 1329] A. Well, I think they get them from AP Wire
Photo, UP Telephoto.
Q. At no time in your experience has it entered your
mind you should have a picture to go along with a news
story to send in to New York for publication? ;
A. It’s possible, but I don’t—I wish you had a eopy of §
this picture and then I could tell you. 4
Q. Referring to the March 6 incident in Montgomery,
March 6, 1960—
A. Yes. :
Q. —there was a picture accompanying that story, was |
there not?
A. I believe there was, yes. q
Q. Did you have anything to do with arranging for that
picture to go in to The Times? q
A. No.
A. I try to avoid getting the pictures in—cuts down on
the amount of space I get.
Mr. Daly: Off the record.
(Discussion off the record.)
A. Off the record again. Wasn’t that an AP picture?
Q. If you don’t know, that’s all right. I’m not trying to
pin you down on that.
A. Why—if you brought copies of the picture, we could
look at it.
By Mr. Baker:
Q. You work for The Times?
A I cover story after story year in and year out. I can’t
thout looking at the paper, go back and tell you just
tly how many column inches we carried on a story or
whose picture it was with it.
By Mr. Nachman:
Q. The question I was asking, Mr. Sitton, was, during
our experience as a newspaper reporter for The New
‘ork Times have there been occasions when you were cover-
‘ing a news story when it occurred to you that it might be
well for a picture to go along with the news story and if
did so oceur to you, what arrangements if any do you
ake to get such pictures? .
‘ol. 1330] Mr. Embry: We object to that unless it refers
some occasion or incident in the State of Alabama within
sthe period pertinent to the inquiry in this case.
Mr, Nachman: We’re asking it in terms of the general
ractice of a general newspaper reporter for The New
‘ork Times.
A. General practice?
Mr. Nachman: And we stand on the question.
A. General practice, no.
Q. You never have done that?
A. Pm net ast eeel prastion.
Q. Now, I'm asking whether you have ever done it.
A. I think possibly I have on one or two occasions.
Q. It did not occur to you at that time that a picture :
along with the story might be newsworthy and might be an :
event which The New York Times would want a picture @
with? 4
1888
Q. What arrangements did you make on those two occa-
sions?
A. I don’t—I’m not really sure. I think once I spoke to
someone about—to the AP about a—what we call a Man-
in-the-News profile feature and asked them if they hap-
pened to have a file picture of the person involved and said
something about I imagine—“I think we’re interested; I
imagine you will hear from New York on it.”
Q. Do you ever, in the course of your news coverage,
attempt to determine whether the AP has—or any other
news service has—taken a picture of the events you’re
covering?
A. That’s possible.
Q. And have you, during the course of your work as a
reporter for The Times ever notified the New York office
that there was such a picture in existence which The Times
could use if it saw fit?
A. I believe, going back to this other thing, on this Man-
in-the-News I did say “Yes, AP has a picture here, has a
file picture, if you want to get it up on the wire.”
Q. Do you recall, Mr. Sitton, whether at any time dur-
ing the course of your coverage of these civil rights hear-
ings and their aftermath, so to speak, a biographical sketch
of George Wallace was run in The New York Times?
A. Yes.
Q. Did you write the biographical sketch?
[fol 1331] A. Yes.
Q. Am I correct that the existence of such a biographical
sketch of a person in the news on the particular day is
an indication of the importance which The Times attaches
to the particular news story?
A. You mean by—what do you mean by “importance”?
Q. Tl ask it this way and maybe I should ask it over a
series of questions. This practice in The Times of running
such biographical sketch is of fairly recent origin; by that
I mean within the last two or three or four years, isn’t
that correct?
A. T really don’t know.
Q. It is customary only one such biographical sketch ap-
pears—
A. Correct.
1889
Q. —in the edition for that particular day; is that cor-
rect?
A. Correct.
Q. Am I correct that the selection of a person to appear
in such a biographical sketch is an indication of the im-
portance of that person in the news on that particular day?
A. I don’t know. I guess maybe the general conclusion
—possibly that could be true; but sometimes you will find
a man in the news on a story that’s way inside the paper,
4 doesn’t even start on the front page.
Q. Well, is it on occasion an unimportant news story?
A. Are they what, unimportant?
Q. Unimportant.
A. I consider all of our stories important.
Q. Well, relatively unimportant in terms of the other
stories which appear in the paper. By the paper, I mean
The Times.
A. Generally speaking, it’s some—judging from reading
the paper, it’s based on, and generally they have, a man in
the news on some person who is—figures rather relatively
= prominently that day.
Q. I take it—maybe I shouldn’t ask this, but you read
The Times regularly every day?
A. That’s true. Sometimes I miss though.
Q. Do you recall whether The Times covers the swear-
ing in of all the governors in the country or just certain—
[fol. 1332] A. The inauguration?
Q. The inauguration.
A. No, we don’t.
Q. You do, however, cover the inauguration of some of
the governors of the states?
A. Oh, I guess we always cover the inauguration of the
» Governor of New York, but I passed up a number of them
down here. In fact, I’ve never covered an inauguration.
Q. You have read though, in the Times, stories covering
the inaugurations of governors?
A. Yes.
Q. And your answer, I believe, to my earlier question
was that The Times does not cover the inauguration of all
© of the governors?
A. That’s correct.
1890
Q. Now, on what basis does it select its governors inaugu-
rations which it will cover?
Mr. Embry: Do you know that?
A. I have no knowledge of that.
Mr. Embry: It calls for his recitation of the knowledge
and mental operations of somebody else.
Q. This is not a complicated question. Is it not the an-
swer it considers the inauguration of some governors more
important than some?
Mr. Daly: Why do you ask him? If it’s so obvious, why
ask the question? Mr. Sitton obviously doesn’t know—- -
A. It’s The Times—
Mr. Daly: —the answer to that.
Mr, Baker: We're entitled to an “I don’t know” answer.
Q. What is your answer?
A. Repeat the question.
Q. (Question ready by the reporter.)
A. I don’t know.
Q. Would you say, as a newspaperman of Some statute,
that the newsworthiness in terms of The Times’ reading
public is a criterion?
A. I certainly assume that.
[fol. 1833] Q. One would assume that?
A. Yes, sir. ;
Q. And when it covers the inauguration of some gov-
ernors and not of others, that it considers the former
more important in a newsworthy sense than the inaugu-
ration of the latter category?
“ I have no more Knowledge of that than do you. Tl
IT guess so.
"O. That would be a fair assumption to make, would
it not, from your—based on your general knowledge?
A. That’s some—that’s your statement.
Q. I’m asking based on your general knowledge and
experience in the newspaper business.
A. I suppose so, I suppose so. . .
Q. And I take it that in covering the inauguration of
some of the governors, there are pictures of some of the
1891
inaugurations and there are not pictures of others; is that
correct from your reading of The Times?
A. Yes,
Q. Would it be fair to assume that when a picture covers
- the—accompanies the inauguration story that that imeans
that it is even more important than those stories which—
A. Not necessarily.
Q. Not necessarily?
A. I wouldn’t think so. Here again, it’s a matter of
- opinion.
Q. I understand that.
A. There are so many factors involved here that—it’s
a question of what other news has happened that day and
things like that. I have nothing to do with that.
_ Q. Now, Mr. Sitton, during the time you have been the
outhern correspondent for The Times, would you, to the
best of your knowledge, give me the names of any other
_ regular Times correspondents who have gone into Alabama,
and written news stories?
A. From my reading of The Times?
Q. Yes, from your general knowledge.
A. Well, now, Pve seen by-lines in The Times—in Ala-
bama?
[fol. 1334] Q. Yes, sir.
A. Russell Porter, Harrison
hand any others.
Q. How about Wayne Phillips?
A. I heard—t believe I heard in Alabama Phillips eoy-
ered the Autherine Lucy case, but I wasn’t down here at
the time. I don’t know, but I heard that.
Q. How about Clarence Dean?
A. It’s possible, but not to my knowledge, sir, no.
Q. Gladwin Hill?
A. Gladwin—possible again. You mean since I’ve been
down here?
| Q. During the time you've been familiar with The Times’
operations.
A. You can—I take it—I think the Autherine Lucy event
you're referring to took place in 1956,
Q. I wasn’t referring to any particular events.
Salisbury. I can’t recall off-
1892
A. Yow’re calling men’s names—I mean, for example, of
Phillips. When did the Autherine Lucy thing take place?
. 1956.
i I didn’t come to work for The Times until November,
68—or October, ’57.
Q. That was not what my question was. What my ques-
tion was was your knowledge of New York Times cor-
respondents who have gone to Alabama and written news
stories about events in Alabama?
A. My personal knowledge?
Q. Personal knowledge either gained by seeing them
there or reading their material in The Times.
A. The only stories I have read that I can recall that |
were covered by other correspondents were those by Russell
Porter and Harrison Salisbury.
Q. And you recall seeing none by Wayne Phillips or
Gladwin Hill?
A. No, sir.
Q. How about George Barrett?
A. No, sir.
Q. Peter Kihss?
A. No, sir.
[fol. 1335] Q. John Popham?
A. I think possibly in the clips I’ve seen stories that had
an Alabama date line by Popham.
Q. Edith Evans Asbury?
A. I don’t recall, no, sir.
Q. Is there a man named Plenn?
A. No.
Q. Do you know a correspondent of The Times by that
name?
A. No.
Q. As best you can estimate it, Mr. Sitton, how fre-
quently have you gone into Alabama during 1960?
A. 1960?
Q. Yes.
A. Four times.
Q. How long have you stayed on those occasions?
A. Time varied. I would have to refresh my memory
to give you a—give an estimate. I think the longest period
I was there was during that March 6th period. Somewhere
1893
in there. I was there, I believe, about three or four days
at one time and I left and then I went back and stayed
two days, I think, something like that.
Q. Were you there last week in Montgomery?
A. Last week?
Q. Last week.
Mr. Embry: For a brief moment.
A. Yes.
Q. Epenteally on Saturday, the 28th of May?
. No.
Q. What day were you there?
A. Friday.
Q. The 27th of May?
A. Yes.
Q. What was the purpose of that trip?
A. Cover the King trial.
Q. Gather news for The Times, you’re referring to the
King trial?
{fol. 1336] A. Correct.
Q. By the King trial, you're referring to the Martin
Luther King trial in Montgomery?
A. That’s correct.
Q. What did your news covering activities consist of on
= that visit?
A. I didn’t do anything.
Q. Did you attend the trial?
A. No, sir.
Q. You came to Montgomery and did nothing?
A. That’s correct. J
Q. Was that the purpose of your coming to Mont,
to do nothing? Oe SEG
A. No, sir.
Q. What made you decide to do nothing?
Mr. Embry: We object to that, mental operation of the
witness. i
Q. Go ahead, sir.
A. What was that, sir?
Q. What made you decide to do nothing?
i
1894
Mr. Embry: If anything made you decide to do nothing,
tell them.
A. Well, I was advised that it might be best for me to
come back to Atlanta.
Q. Who so advised you?
A. Mr. McLeod.
Q. Who is he?
A. Mr. McLeod.
Mr. Embry: Roderick M. McLeod, Jr., one of my law
partners.
Q. Do you customarily confer with lawyers when you
go into Alabama to write a news story?
Mr. Embry: We object to that.
Mr. Daly: You didn’t get service, you were attempting
to serve him down there, you people were or someone was.
Q. Do you adopt the statement of your counsel?
[fol. 1837] A. D'll say this. I understood that an attempt
would be made to serve me and I thought it best that I
get in touch with Mr. McLeod.
Q. And he instructed you to leave?
A. That’s correct—no, he advised me to leave, he didn’t
instruct me.
Mr. Embry: You did leave.
A. I left. He advised me, but he didn’t instruct me.
Q. In 1959, to the best of your knowledge how frequently
did you come into Alabama to cover news events?
A. Oh, rough approximation, I would say ten or twelve
times.
Q. And over how long a period of time would those oc-
easions extend? I realize they may vary.
‘A. Timagine the longest period was on that Civil Rights
Commission thing; I don’t really recall. I would guess a
week. That’s a rough guess.
Q. Did—the longest period of time on any one of those
ten occasions was a week? -
‘A. I think so. It might have been longer, it might have
been ten days. But without refreshing my memory, I would
say a week, possibly ten days.
1895
woe 1958? I realize that your recollections
A. I think I was there about two times, I think. ’m not
sure; about twice, I think.
Q. How about 1957?
A. Well, I didn’t—no, I wasn’t down here then.
Q. And in °56 you weren’t here then?
A. No.
Q. When did you begin your duties as southern corre-
spondent for The Times, the date in 1957?
A. May—no, May, 1958, I began my duties as southern
eorrespondent. I came to work for The Times in October,
Q. I see. You were not down here at all in 1957?
A. No, I was in New York.
Q. Am I correct that Mr. Popham had your—
A. That’s correct.
[fol. 1338] Q. —job, so to speak, before you took it over?
A. Yes. et
Q. Mr. Popham is now in Chattanooga? ‘
A. General managing editor of the Chattanooga Times,
yes.
Mr. Daly: He’s not employed by The New York Times?
The Witness: No. * ooo
_ Q. I take it that you submitted expense accounts for each
ne of these trips into Alabama?
A. Yes, sir.
Q. And they were all paid?
A. Yes, sir.
. Q. Whom do you submit your expense accounts to when
you—
A. The auditing department.
: Q. Just generally the auditing department or any par-
| ticular person in the auditing department?
» A. Well, it’s changed; I don’t remember the other fellow’s
@ name. Harold C. Neuhut.
Q. You send them directly to him or address them to the
auditing department?
| _A. Address them to him—Mr. Harold C. Neuhut, Au-
a ee Department, 8th Floor, New York Times, and so
‘or
1896 1897
Q. Have you conferred with anybody else in Alabama
other than Don McKee about being a string correspondent
for The Times? By anybody else in Alabama, I mean any
other residents in Alabama. .
A. You mean asked them if they would be a stringer?
Q. A conversation of similar import to the one you had 3
with McKee. ;
A. I think I asked Bill McDonald something about a ques- ;
tion of a stringer; he had once been a stringer.
Q. Something about a string—you mean about—
A. About—
Q. —about the names of people? .
A. I might have asked Bill—it’s quite possible I asked
Bill if he had any ideas or something like that.
Q. Do you happen to know how many string correspon-
[fol. 1839] dents there are resident in Alabama?
A, Only from your questions. I know—I knew of the
existence of one stringer in Birmingham, whom I don’t
know; I never met—never talked to him. Of course I knew 3
about McKee. And then you mentioned one in Mobile; he |
has never been mentioned to me by anyone before.
A. No, it’s not really part of my work.
Q. In other words, when you want an Alabama news
story, you go in there yourself and get it?
A. Sure. If I’m going to cover a story, yes, I go in and
ver it myself.
Q. You don’t rely on a stringer?
A. No. I call McKee from time to time.
Q. Approximately how often do you call him?
A. Very seldom.
Q. Could you give us some sort of estimate? I realize
it would be imprecise.
A. To ask him for information.
Mr. Embry: During what period? We object unless you
limit it to the period of time—
[fol. 1840] Q. Since McKee has been a string correspon-
dent for The Times. I believe you stated you talked to him
about it either in late 58 or early °59.
A. Oh, roughly, I guess I’ve called Don, I don’t know,
five or six times, something like that.
Q. About the coverage of news events in Alabama, or
about the occurrence of news events?
A. Well, sometimes—I think once—I believe I called him
last week and asked him how long he thought the King trial
would go on and what the outlook was, just talked about it
generally with him.
Q. In other words, he helps you keep up with news events
in Alabama; isn’t that correct?
A. No.
é Mr. Embry: We object to that.
_ Q. You don’t rely on him at all to keep up with news
events in Alabama?
A. I mean he’s a friend of mine, you know. I call peo-
ple on other papers who are not stringers, people I’m
iendly with. I consider him more of a friend than a
stringer. Take Birmingham, for example, if I want to
know something in Birmingham, I don’t call—what’s that
s fellow’s name—Chadwick? I’ve never called Chadwick, I
call the people on the newspapers over there.
Q. You frequently, then, make calls into Alabama?
Mr. Daly: You’re assuming, then, he’s a— .
The Witness: I say from what he said, he said.
Q. I wasn’t asking you to relate what my statements—
A. I’m pointing out you said he was a stringer and I
assume you’re an honest man. So I’m taking your word for
it; I guess we’ve got a stringer in Mobile.
Mr. Daly: In other words, you don’t know?
A. I don’t know. I’ve never talked to him. I’ve never
even heard of him. I didn’t know we had a stringer in
Mobile.
Q. Did you know you had one in Birmingham?
A. Yes; but I didn’t know him; I never have talked to
him.
Q. You have never had any conversation with the stringer
in Birmingham?
A. No, no dealings whatsoever.
Q. I take it, then, it’s fair to assume that the existence |
of stringers in Alabama is not important to you in your |
work?
1898
A. Not too frequently, no. You asked me before about
how Alabama stood as a news state and I said it hadn’t been
overly newsworthy since ve been down here. There have
been some oceurrences over there we have covered but
many more in Little Rock, Florida, Georgia, Virginia.
Q. Many more?
A. Many more. Particularly Arkansas. My goodness !
Q. Leaving out Arkansas during the period of the school
situation there, have there been many more than the other
states?
A. What do you mean by many?
Q. It was your phrase—
A. I would say more, I would say more.
Q. —I want to know what you meant by it. You would
say what?
[fol. 13841] A. I would say more, yes, to the best of my
knowledge.
Q. In which states would you say there have been more?
A. Arkansas.
Q. You're referring to Arkansas during the school erisis
there when the troops were in and so on?
A. No, I wasn’t there when the troops went in; that was
in 57.
Q. Well, you mentioned Arkansas then?
A. Yes, sir.
Q. During the school situation?
A. That’s correct.
Q. Including the Federal court hearings and so forth?
A. Yes.
Q. What other state has had more news events than Ala-
bama during this period?
A. I spent much more time in Louisiana than I have in
Alabama.
Q. Any other state?
A. I don’t know. There we get down on a level, I guess
they all run about—about the same—Alabama, Georgia,
Florida.
Q. Of course, Georgia is where you have your principal
office?
A. Yes, but that’s—doesn’t mean I give Georgia any more
coverage than any other state just because I’m here.
Q. I take it it’s a convenient geographical location?
1899
oe” transportation, communication, and that sort
Q. Who pays for these telepho: Us i
you charge them to The Times? ne eat Ne mabe
A. Yes, sir.
Q. Do you have anythi i ini
seticts thot ything to do with obtaining sub-
A. No, sir.
Q. Do you know anything about i i
edition, how its sold? inne ihe "Dees ance
. No, sir.
. Do you know whether that’s h: i i
resentatives from New York? * Handled directly with rep-
A. Idon’t really know.
[fol. 1342] Q. You don’t know anything about that. Now.
in addition to writing spot news stories, so to speak, you
- also write news analyses, don’t you, for the Sunday edi-
torial supplement of The Times?
A. Yes. mes
Q. Nes of the Week?
A. News of the Week in Review.
Q. News of the Week in Review?
A. Yes.
Q. And you have written such uh i
eovered Alabama, have you not? ene eas iow
A. Covered only Alabama?
Q. No, not only Alabama, but Alabama.
A. Written them on the South.
Q. Which have included Alabama?
A. Sure.
Q. Have you ever written am i
ty on Alabma
A. I don’t recall that I have, no. Secinsively#
Q. Do you recall one on January 18, 1959, which related
to the Civil Rights Commission hearings?
A. Do you have a copy of it?
Mr. Embry: This is the News of the Week i i
Mr. Nachman: Yes, Section Roman IV. ° Een!
A. Was this along piece, what was it?
Q. I asked you whether you recall writing one which
= appeared in the January 18—
1900
A. If you’ve got a copy, I'll be glad to tell you whether
L wrote it or not. Offhand—I can go back to the files and
check and give you 2 yes or no on it.
Q. Your testimony is you don’t recall whether you did or
not?
‘A. As far as I know, I don’t recall. I did—I think I did
one that didn’t make the paper, but it was on—I think that
was on the South as a whole.
Mr. Nachman: We have no further questions.
[fol. 1343] Examination by Mr. Embry:
Q. Your expense accounts which you have been asked
about and which I assume have been paid for the period
he has spoken of on the occasions you have testified about
on which you went into the State of Alabama on the oc-
casions you have told us about, from where do you submit
those pieces of paper reflecting your expenses to New
York for payment by them to you?
A. Where do I usually make them up?
Q. Yes.
A. Lusually make them out after I get back home.
Q. Here in Atlanta?
A. Here in Atlanta, yes, sir.
Q. Have you ever resided in the State of Alabama?
A. Yes, sir.
Q. When?
A. From March of 1950 until December 31, 1950.
Q. Since December 31, 1950, have you ever had a resi-
dence in Alabama?
A. No, sir.
Q. Since the May—July, 1958, have you been a resident
of the City of Atlanta, since July, 1958?
A. Yes. Of course I actually moved my family down
here in July, 1958. I think I used my mother-in-law’s mail-
ing address here in Atlanta since May of ’58. I was mov-
ing around, there was so much happening at that time, I
didn’t stay anywhere.
Q. When did you take up residence in Atlanta on a per-
manent basis?
‘A. July, 1958.
Q. Since that time have you continuously—
- with The New York Times?
j York Times Sales, Inc.?
19
ny Yes, sir.
. —maintained your ho: i i
& Youue y me and resided in Atlanta?
' Mr. Embry: No farther questions.
ffol. 1344] Re-examination by Mr. Nachman:
Q. When you have gone to M
u ontgomery on these tri
you have described, where do
A. Jefferson Davis. Hanceneraly Sig
mat stayed there on all those occasions in Mon
A. Yes, sir.
Q. And I take. it when
. you went to Clayton and Uni
Sprin; tio
Spm = you used Montgomery as your base of operation
A. Yes, I stayed—stayed at some motel in a town nea
Cla; i i
Me avn one night and the rest of the time, at the Jefferso:
The witness T: i
wee a ees M. Houstey, being first duly sworn
Examination by Mr. Nachman:
. We
z he we you state your name for the record, Mr
é aes M. Hurley.
.: ere do you live, Mr. Hurley?
A Atlanta, Georgia.” “m
. Are you employed b i
are iployed by The New York Times?
Q. Do you have any relationship or business connections
A. I’m employed by New York Ti
Q. New York Times Sales, let aos Tas
A. That’s right, sir.
Q. And that’s a separate corporation from The New
@ York Times?
A. To the best of my knowledge, it is.
Q. I don’t suppose you know who owns the stock of New
1902
5 . No, sir. ;
ie ayad os yan duties with The New York Times Sales,
‘k
we Y’m the manager of the Atlanta office of the New Yor!
i Sales, Inc.
orig you happen to know,
region of the country, whether 0:
Sales has other oreo if any)
don’t know . ; i. ‘
é a onl have an office in Alabama in Birmingham
sir. . i. .
o ie have any employees in Birmingham?
¢. She know whether they have offices in any of the
, ther than Georgia?
ee oa office in Miami, but I wouldn’t know how
thing is set up. ce
ae ee, in a ‘ceneral way, what are your duties?
licit advertising. oo ; ,
a Theoughout the country or just in certain states?
A. No, sir, in the South.
Q. Is Alabama included?
7 ia an ps go into those states and solicit adver-
ee Bp ecad ieee
limiting it to the south
7 not the New York Times
tising? _
i t. ee
¢ pee oon bei ei ebema and solicit advertising?
"That's right. _
ri Be gia ethics advertising for publications generally
or just for The New York Times?
A. Just for The New York Times.
Q. And for no other publications?
A. No, sir.
York Sales, Inc.—or
‘ou know whether the New 5% ;
ae ion York Times Sales, Inc., anywhere in the Eagle
States solicits advertising for any publications
The New York Times?
[fol. 1346] A. T don’t know.
Q. You know of no reason why the policies differ with
regard to your area than jt is elsewhere in the country?
[fol 1347] Mr. Daly: Well, it assumes that it’
outside of New York. It would depend on where
tising agency is that makes it up.
_ agency outside of New York.
1903
A. Well, in one other city, they have a publisher’s repre-
sentative who is not connected at all with New York Times
Sales, Inc. That’s Detroit.
Q. Who is that publisher’s representative?
A. Sawyer, Ferguson and Walker.
Q. Sawyer, Ferguson and Walker also solicit advertising
for The New York Times and other publications?
A. In Detroit.
Q. In Detroit?
A. Yes, sir.
Q. And nowhere else?
A. That’s right.
Q. How long have you been employed in this capacity,
Mr. Hurley?
A. I went to work with New York Times Sales, Inc., on
June 8, 1959.
Q. So just about a year then?
A. That’s right.
Q. During that period of time—before I ask that, strike
that, please ma’am—would you outline in a general way
how you go about soliciting an ad for The New York Times
and include in that how the ad, after it’s contracted for,
is made up and sent in to The Times and
eral procedure whereby an ad gets an ad ti
A. Generally speaking, I, and other salesmen like me, call
on the advertisers and
A. The actual ad is made up by the advertising agency
for the advertiser and it comes into New York in a plate
or mat form.
Q. And the mat is made up outside of New York?
A. The original mat.
Ss made up
the adver-
A. It could be.
Mr. Embry: What we mean is if it’s an advertising
1904
Mr. Daly: It would probably be more up _to—made up
outside so that was the objection to the question.
Q. Have you, during the period of time you have worked
for this company, solicited advertising in Alabama?
Yes.
Q. Would you state how a particular ad that you select,
any one at random you have solicited successfully, how—
trace the procedure from the time you solicit the ad until
the time it gets to The New York Times? As I say, select
any one as an example, just a typical example.
‘A. Well, the Birmingham Committee of One Hundred,
for example, the ad is made up by the Sparrow Adver-
tising Agency. .
Q. In Birmingham?
A. That’s right.
Q. In other words, you solicit the Committee of One
Hundred?
A. And the agency.
Q. And the agency?
A. The agency is the one in most cases—they will make
up the schedule and decide on which publication the ad will
go into subject to the approval of the advertiser.
Q. Do you go first to a representative, let’s say, of the
Committee of One Hundred, whoever has authority to place
advertising for this committee?
‘A. Not necessarily. I might go to the agency first. In
this particular case, I didn’t see anybody on the Committee
of One Hundred for this purpose.
Q. You go to the agency, Sparrow, and you speak to the
agency—
Mr. Embry: Just a minute. You nodded in the affirma-
tive. Let me instruct you, Mr. Hurley, she is having to
‘[fol. 1848] look at what she’s writing and you will have
to actually give an answer rather than nod so the record a
will show what the answer was.
Q. You go call on the agency?
A. I go to both.
Q. You go to both. Sometimes you go directly to the
advertiser?
A. That’s right.
E anybody that such a decision has been
“might be one a mo:
issue of The Times or a §
1905
4,
ant is 8 or bei es on pou You go directly to the
pate Tet , discuss that person’s advertising
ry That’s right.
. Then on the assumpti
sumption that you work out
agreement about it, how is the agreement formalised?
Mr. Embry: Wi j
sumes facts, z ail
of
‘on the assumption; it as-
Q. Let’s assume that
vertiser agrees with you
what is your next procedure?
A. Well, if they h: i
te fae vie aye bereed to put an ad in The Times,
Q. Do you notify anybody or does the advertiser notify
west madi ,
a preport my activities to the New TH alles
ls the course of your activities, do you agree with
, the advertiser on the amount of space he will take?
A. He plans a certain schedule; it might be one ad or
me mth for six months or something like
Q. Does he work out with
A. Yes, in some cases. you tha plant
{fol. 1849] Q. And, T tak
one ad or a series of ads?
A. That's right.
Q. And if a series of
Py That’s right.
. And over what period of ti
A. That’s right. Poviod of times
Q. And do you also discuss whether it will
unday issue?
€ it, discusses whether it will be
ads, at what intervals?
go in a daily
A. Yes, sir.
1906
Q. And if the daily issue, which day?
. .
a nas you discuss the amount of space it will oceupy?
is right. .
e ine Tine it some ads are—maybe I’m incorrect about
this—are some ads more expensive pian pines in sone
ir format—that is, is an ad with a drawing or ilu
Caen anes expensive ‘than an ad with just words in it?
A. No, sir. ;
Q. That doesn’t make any difference?
< ee have any discussion about the format of the
ad that will go in?
A. No, sir. i
. That’s left to someone other than yourself? .
i: I just sell the space only. I ieee nothing to do with
akeup or the content of the ad.
obo eu have with you any display samples or a
play materials which you show the prospective advertiser?
A. With me now? . .
Q. Not now; when you go on a trip to visit—
. Yes, sir. ;
3 andl you show him various ideas for ads? ;
A No, I don’t show him ads. I might on some occasion,
[fol. 1850] depending on what we're trying to do. Mostly,
} discuss the—why an advertiser should be in the New York
Times, or why I think he should be, in terms of what—the
le they want to reach. _ ; . ;
ara I take it you have some familiarity with his busines:
or his endeavor so that you can— ‘
A. That’s right. oo .
Q. — explain to him why you think it’s important for him
to advertise in The Times?
A. That’s right. | . . ;
Q. Do you have any sort of statisties to discuss with him
as to the advantages of advertising?
A. Yes, sir. ; ;
Q. Mr. Hurley, since you’ve had this employment with
The New York Times Sales, Inc., approximately how many
ads have you solicited from the State of Alabama—for
the state of Alabama, I mean from persons or firms or
corporations or the State itself or any municipality or
eounty.
190
A. Well, as far as number of ads that went in the paper
sometimes an ad gets in the paper that I don’t solicit. Iv.
like we call “over the transom”. Somebody wants to plac
an ad and it goes in direct, or an agency I might not ever
know about.
Q. Imean you yourself have solicited in the manner you
have described?
A. I would say maybe three or four.
Q. Three or four during this year. Did you solicit—
Mr. Embry: You mean a year from 59?
Q. From June 8, 1959, up to the present time, approxi-
mately a year. Were you involved in the solicitation of an
ad for the State of Alabama during this time?
A. Yes, sir.
Q. Lhelieve that sold for around $5,200.00, did it not?
A. No, it was less than that.
Q. Do you recall how much it was?
A. Not specifically, no.
Q. Was it a great deal less? By that, I mean more than
a thousand dollars less than $5,200.00?
[fol. 1351] A. Yes, it was less than 5,000.
Q. Was it less than 3,000?
A. No.
Q. More than three and less than five. Do you call on
corporations with regard to advertising in the financial
section of The Times?
A. Yes, sir.
Q. And do you solicit advertisements there for declara-
tion of dividends—
A. Yes, sir.
Q. —stockholders’ meetings and that kind of thing? Does
a Mr. Robert Sullivan have any connection with your
process?
A. When he’s—when he’s in the area, he’s under my di-
rection actually.
Q. By whom is he employed?
A. I presume he’s employed by The New York Times.
Q. As distinguished from the New York Times Sales,
1c. 2
A. Yes.
Q. Does he also come into Alabama?
A. He has been in Alabama once since—
1908
Q. Since your tenure?
ts right.
re a to know what the purpose of that
visit was and what he did while he was on that visit?
A. Yes, sir. He was in Mobile, Montgomery and Birming-
ham. ;
Q. Soliciting advertisements?
A. That’s right.
Q. He called on persons there?
’s right. ;
a ee depo to know the approximate dates of that
trip?
latter part of October, 1959. :
a What the contractual relationship, if any, between
Ne ew York Times Sales, Inc., and the Sparrow Advertising
Agency in Biel, if you know?
is the what, sir? . ;
7 in inere any contractural relationship or business re-
lationship between the New York Times Sales and Sparrow
ising Agency in Birmingham? .
rakes a te just another advertising agency that
‘k Times Sales, Inc. calls on. . .
we ees Th othae words what you do, if I’m correct, is
to call on advertisers and also call on advertising agencies?
; i ht. sos. .
ay yar a of calling on advertising agencies,
T take it, is to urge them to get their clients to advertise in
The New York Times?
A. That’s right.
Q. I take it that your expenses on these trips are paid
by The New York Times Sales, Inc.?
A. That’s right.
Q. And do you submit a regular form expense account?
. Yes. .
Ther main offices are in New York City?
A. Yes.
Q. Do you recall seeing, within the last two weeks, an ad
for the City of Decatur, Alabama?
A. I saw an ad from Decatur on the Housing Authority.
Q. Yes. Were you instrumental in obtaining that ad?
. No, sir. .
ra Dovyou happen to know how that was obtained?
A. No, sir.
1905
Q. I may have covered this earlier, Mr. Hurley, but it
you don’t mind my being repetitive, do you know what the
relationship is, the business relationship, between The New
York Times Company and the New York Times Sales, Inc.?
A. Not really, no, sir.
Q. But I believe you did testify, didn’t you, that the New
York Times Sales, Inc., obtains advertisements solely for
The New York Times?
A. In my ease.
Mr. Daly: You mean by obtain, solicit?
Q. It doesn’t solicit advertising for any other publication
than The New York Times?
[fol. 1353] A. No, sir.
Mr. Embry: As far as you know?
A. As far as Timow.
Q. As far as you know, it doesn’t?
A. From my own operation here, I don’t.
Q. You don’t. And there is nobody else in this area who
does; that is, nobody else connected with The New York
Times Sales, Inc., employed?
A. Thave an assistant and a secretary here in Atlanta.
Q. And their procedure is as yours, namely, to solicit for
nobody other than The New York Times?
A. That’s right.
Q. So it would be fair to say, then, when you go into
Alabama to solicit advertising, you solicit advertising only
for The New York Times 3 is that correct?
A. That’s correct.
Mr. Nachman: I believe that’s all.
Examination by Mr. Embry:
Q. Since June 8, 1959, if I understand you correctly—
and the reason I’m asking is so I'll be sure T understand
you—you have been into the State of Alabama on two
| occasions; is that right?
A. Personally, T have been. And my assistant twice.
There have been four trips from this office.
Q. Four separate occasions when any representative of
1910
the New York Times Sales, Inc., solicited advertising within
the State of Alabama?
@ Sine 19592
. Since June 8. a
z If you include Mr. Sullivan’s trip, it would be five.
Q. Five different occasions in the year?
A. Well, just a minute now, sir. The office was opened
on July 1.
Q. Allright, since July 1, 1959? . a
A. Those two trips by me and two by my assistant an
by Mz. Sullivan. ;
(fol 13541 Q. Have you ever at any time, or has anyone
in your office on those occasions you have just testified
about, ever made a contract or accepted an order for ad-
vertising when you were there soliciting advertising in
behalf of your employer, the New York Times Sales, Inc.,
to be placed in The New York Times?
A. No, sir. .
Q. From what place do you submit your expense ac-
counts that you have testified about to your employer, The
New York Times Sales, Inc.?
A. From what place?
Q. Where do you make them up and send them to New
York from?
A. Atlanta. .
Q. Atlanta, Georgia?
A. That’s right. ; -
Q. Do you reside in the City of Atlanta, Georgia?
A. I do. ; : ;
Q. How long have you resided continuously in the City
of Atlanta, Georgia, maintained your residence here?
A. Since about—
Q. From and prior to, the present day, June 3, 1960, back
how far?
A. Until December, 1950.
Q. 19502
A. Yes, sir.
Q. Have you ever been a resident of the State of Ala-
bama?
A. No, sir.
Mr. Embry: Thank you.
1911
Examination by Mr. Gray:
Q. Mr. Hurley, have you or anyone from your office
ever solicited any ads from Reverend Ralph D. Abernathy,
one of the defendants in this case?
A. No, sir,
Q. Have you or any person in your office ever solicited
any advertisement from Reverend Fred L. Shuttlesworth,
one of the defendants in this case?
[fol. 1355] A. No, sir.
Q. The same question with a Reverend 8. S. Seay, Sr.?
A. No, sir.
Q. The same question with Reverend J. B. Lowery?
A. No, sir.
Q. Will you tell us whether or not either of those named
defendants have approached you or anyone in your office to
secure space for any type of advertisement to be carried in
The New York Times?
A. No, sir.
Q. Do you have any personal knowledge as to how the ad
which appeared on Page 25 of The New York Times of
March 29, 1960, how it was obtained?
A. No, sir.
Q. Or who obtained it?
A. No, sir.
Mr. Gray: That’s all.
Reexamination by Mr. Nachman:
Q. Just a couple of more questions, Mr. Hurley. You say
you went into Alabama, you and your assistant, on four
oceasions—you twice and he twice?
A. That’s right.
Q. How long a period of time were you or your assistant
in Alabama on those occasions?
A. In my ease, I was two days one time and five days
another; and in his case, he was one day on one occasion
/ and two days on another.
Q. Do you happen to know how long Mr. Sullivan was in
Alabama?
A. I would say around probably a little over a week.
Q. What is the name of your assistant?
A. Mr. Frank Monger.
1912
Q. Now, who, exactly, is Mr. Sullivan in terms of his
relationship with the New York Times Sales, Inc.?
A. Who is he?
[fol. 1856] Q. Yes, what relationship does he have with
the New York Times Sales, Inc., or The New York Times?
A. He’s an advertising representative.
Q. Of the paper?
A. That’s right.
Q. And he’s employed by the paper itself?
A. Treally don’t know; I think he is.
Mr. Nachman: Thats all.
CERTIFICATE
Georgia:
Fulton County:
Thereby certify that the foregoing depositions were taken
down as stated in the caption, that the witnesses were first
duly sworn by me, that the questions and the answers there-
to were reduced to writing by me; that the foregoing 75
pages represent a true and correct transcript of the evi-
dence given by said witnesses upon said hearing; and I
further certify that I am not of kin or counsel to the par-
ties to the case, am not in the regular employ of counsel for
any of said parties, nor am I in anywise interested in the
result of said case.
This 10th day of June, 1960.
/s/ Burma Denny
Burma Denny,
Commissioner
Fulton Superior Court
Notary Public, Georgia State at Large.
My Commission Expires Aug. 3, 1963.
(THE ATTACHED CLIPPING IS PASTED IN
BACK OF DEPOSITION)
THE NEW YORK TIMES,
SUNDAY APRIL 10, 1960 Page 50
(fol. 1357]
ALABAMA FORMING RACE-RIOT POSSES
Omitted. Printed at side folios 1065-1067, pages 1657-
1659, ante.
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Puawtirr’s Exurmrr No. 318
924
a)
fol. 1370]
Prawtirr’s Exussir No. 346
1925
[fol. 1371]
In Ciecurr Court or Montcomery County, Auapamwa
Prawtirr’s Exurprr No. 347
THE NEW YORK TIMES
‘ TUESDAY, MARCH 29, 1960
L 25
“The growing movement of peaceful mass demonstra-
tions by Negroes is something new in the South, some-
thing understandable . . .
Let Congress heed their rising voices for they will
be heard.”
—New York Times editorial
Saturday, March 19, 1960
HEED THEIR RISING VOICES
and the Bill of Rights. In their efforts to uphold these
arantees, they are being met by an unprecedented wave
terror by those who would deny and negate that docu-
ent which the whole world looks upon as setting the pat-
rn for modern freedom. . . .
* In Orangeburg, South Carolina, when 400 students peace-
fally sought to buy doughnuts and coffee at lunch counters
im the business district, they were forcibly ejected, tear-
gased, soaked to the skin in freezing weather with fire
ses, arrested en masse and herded into an open barbed-
wire stockade to stand for hours in the bitter cold.
= In Montgomery, Alabama, after students sang “My
ountry, "Tis of Thee” on the State Capitol steps, their
eaders were expelled from school, and truckloads of police
armed with shotguns and tear-gas ringed the Alabama State
ollege Campus. When the entire student body protested
state authorities by refusing to re-register, their dining
1926
hall was padlocked in an attempt to starve them into sub-
mission.
In Tallahassee, Atlanta, Nashville, Savannah, Greens-
boro, Memphis, Richmond, Charlotte, and a host of other
cities in the South, young American teenagers, in face of
the entire weight of official state apparatus and police
power, have boldly stepped forth as protagonists of de-
[fol. 1872] mocracy. Their courage and amazing restraint
have inspired millions and given a new dignity to the cause
of freedom.
Small wonder that the Southern violators of the Constitu-
tion fear this new, non-violent prand of freedom fighter.
... even as they fear the upswelling right-to-vote move-
ment. Small wonder that they are determined to destroy
the one man who, more than any other, symbolizes the
new spirit now sweeping the South—the Rev. Dr. Martin
Luther King, Jr., world-famous leader of the Montgomery
Bus Protest. For it is his doctrine of non-violence which has
inspired and guided the students in their widening wave of
sit-ins; and it this same Dr. King who founded and is
president of the Southern Christian Leadership Conference §
—the organization which is spearheading the surging right- §
to-vote movement. Under Dr. King’s direction the Leader-
ship Conference conducts Student Workshops and Semi- 4
nars in the philosophy and techniques of non-violent re- @
sistance.
Again and again the Southern violators have answered
Dr. King’s peaceful protests with intimidation and violence.
They have bombed his home almost killing his wife and
child. They have assaulted his person. They have arrested
him seven times—for “speeding,” “Joitering” and similar 7
“offenses.” And now they have charged him with “per- 4
jury’—a felony under which they could imprison him for
ten years. Obviously, their real purpose is to remove him
physically as the Jeader to whom the students and millions
of others—look for guidance and support, and thereby
4o intimidate all leaders who may rise in the South. Their @
strategy is to behead this affirmative movement, and thus j
to demoralize Negro Americans and weaken their will to %
struggle. The defense of Martin Luther King, spiritual 4
leader of the student sit-in movement, clearly, therefore, #
1927
oe ieee part of the total struggle for freedom in the
Decent-minded Americans cannot hel
C a ip but applaud th
creative daring of the students and the quiet heroin of Dr.
ing. But this is one of those moments in the stormy his.
tory of Freedom when men and women of good will must do
more than applaud the rising-to-glory of others. The
America whose good name hangs in the balance before a
Let: 1373] watchful world, the America whose heritage of
iberty these Southern Upholders of the Constitution are
defenting, is out America as well as their...
at ° must heed their rising voices—yes—but we must
‘We must extend outselves above and b
yond moral \-
ort and render the material help so urgently needed by
snose wae are taking the risks, facing jail, and even death
= ace re-affirmation of our Constitution and its Bill
We urge you to join hands with our f i
n i ellow Americans in
he South by supporting, with your dollars, this Combined
Pret ie all sree nee ee defense of Martin Luther
ng—the support of the embattled student:
uggle for the right-to-vote. ents and the
YOUR HELP IS URGENTLY NEEDED....NOW!
estella Adler Dr. Alan Knight Chalmers
Richard Coe
Nat King Cole
Cheryl Crawford
Dorothy Dandridge
Ossie Davis
Sammy Davis, Jr.
Ruby Dee
Dr. Phillip Elliott
Dr. Harry Emerson Fosdick
. Algernon Black
re Blitztein
John Killens
, Eartha Kitt
v. Donald Harrington Rabbi Edward Klein
at Hentoff Hope Lange
1928
1929
James Hicks John Lewis Mrs. Katie E. Whi
Mary Hinkson Viveca Lindfors Rev. W. H. Hall etiam areas, La.
Van Heflin Carl Murphy Rev. J. E. Lowery Moa re Miss.
Langston Hughes Don Murray Rev. T. J. Jemison Bei os a.
Morris Iushewitz John Murray nm Rouge, La.
Mahalia Jackson A.J. Muste [fol. 1375]
[fol. 1374] COM
Mordecai Johnson Eesdoncl MARTIN LUTHER Ione FN ace
L. Joseph Overton Maureen Stapleton STRUGGLE
Clarence Pickett Frank Silvera FOR FREEDOM IN THE SOUTH
Shad Polier Hope Stevens
Sidney Poitier George Tabori
A. Phillip Randolph Rev. Gardner C. Taylor
John Raitt
Elmer Rice Norman Thomas ur Bayard Rustin; :
Jackie Robinson Kenneth Tynan Thorn B. Ford, Rev. Harry Emerson Fosdick, Rev.
Mrs. Eleanor Roosevelt Charles White Labor T Kilgore, Jr. Rabbi Edward E. Klein; Chairman of
Bayard Rustin Shelley Winters x Division: Morris Iushewitz
Robert Ryan Max Youngstein
PLEASE MAIL THIS COUPON TODAY!
WE IN THE SOUTH WILO ARE STRUGGLING DAILY | Committee to Defend Marti ing
N ERE SOUTH WO ARE STU aoe efend Martin Luther King
ENDORSE THIS APPEAL
Rev. Ralph D. Abernathy
Rev. Fred L. Shuttlesworth
and
The Struggle for Freedom in the South
Montgomery, Ala. 312 West 125th Street, New York 27, N. Y.
Rev. Kelley Miller Smith
Rev. W. A. Dennis
Rev. C. K. Steele
Rev. Matthew D. McCollom
Rev. William Holmes Borders
Rev. Douglas Moore
Rev. Wyatt Tee Walker
Rey. Walter L. Hamilton
LS. Levy
Rev. Martin Luther King, Sr.
Rev. Henry C. Bunton
Rey. 8. 8. Seay, Sr.
Rev. William Holmes Borders
Rey. Samuel W. Williams
Rev. A. L. Davis
Birmingham, Ala. UNiversity 6-1700
Nashville, Tenn. Tam enclosing my contribution of
Chattanooga, Tenn. p for the work of the Committee mn of $
Tallahassee, Fla.
Orangeburg, 8. C.
Atlanta, Ga.
Durham, N.C.
Petersburg, Va.
Norfolk, Va.
Columbia, 8. C.
Atlanta, Ga.
Memphis, Tenn.
Montgomery, Ala.
Atlanta, Ga.
Atlanta, Ga.
New Orleans, La.
NAME
(Please Print)
— Please send further
information
PLEASE MAKE CHECKS PAYABLE TO:
E, COMMITTEER.TO DEFEND
MARTIN LUTHER KING
1931
1930
[fol. 1376]
Is Crrcurr Covrt or Morteomery County, ALaBaMa
relevant facts come to its attention between the date of
filing hereof the trial of the pending action.
av Law 18. See interrogatories 4 and 12 herein for answers.
Puamrirr’s Exurrr No. 348 Tue New Yorx Trwes Company, a Corporation
By /s/ Harvie F, Banororr
Case No. 27416 Its Secretary
[fol. 1377]
State or New Yorx,
L. B. Suzzivay, Plaintiff,
Country or New Yor, ss.:
vs.
y Personally appeared before me, the undersigned not: ry
A C oration: et ” y rsignea nota:
Tue New Yorx beam eter yeh ‘ orpor et al, ( public, Harpive F'. Bancrort, who, after first being by me
duly sworn, deposes and says that he as Seeretary of The
New York Times Company, a corporation, in this cause
made the foregoing answers to interrogatories heretofore
propounded to said defendant and subseribed to same as
answers of said corporation and they are true and correct
‘to the best of his knowledge and belief. This the 28th day
of September, 1960.
Comes the defendant The New York Times Company, a
corporation, by its Secretary, Harding F. Bancroft, and
answers the plaintiff’s interrogatories as heretofore pro-
pounded to it by order of the Circuit Judge in the Cireuit
Court of Montgomery County dated September 20, 1960.
8. An investigation was made by Messrs. Don McKee
and Claude F. Sitton, a stringer and correspondent, re-
spectively, for The New York Times Company. The results
of their investigation as embodied in their telegraphic re-
ports are attached to these interrogatories as Exhibits a
aad B. MONTGOMERY ALA APR 14 451 PMG
9. The report of Claude F. Sitton, attached hereto as BERT GARST, ASST MANAGING EDITOR
Exhibit B, had been previously telephoned to the individual THE NEW YORK TIMES NYK
named thereon. The substance of said telephonic report BE INFO REQUEST:
was as appears in Exhibit B. f
12. All of the knowledge of this defendant with respect : ec ees SOURCES ARE DR.
to the truth or falsity of the statements contained in the ap OLM, PRESIDENT, AND DR.
: . LEVI WATKINS, DIRECTOR OF THE BUSINESS
advertisement referred to are contained in the documents OFFICE ICH ISSUE
attached hereto as Exhibits A and B and the news stories H UES MEAL TICKETS, CON-
s LS FOOD AND DORMITORY ACCOMODATIONS.
previously referred to in this defendant’s answer to inter. 4
rogatory 4 herein. Said hearsay documents and news DR. TRENHOLM: “ABSOLUTELY NO TRUTH TO
stories speak for themselves. Defendant reserves the right CHARGE THAT THE DINING HALL WAS ‘PAD-
to supplement its answers to this interrogatory should @ OCKED’ TO ‘STARVE STUDENTS INTO SUBMIS-
/s/ Exay Wissen
Emily Wissler, Notary Public
(Norary Szan)
'GHNPCO18 NS C032 NS MYA502 DPR COLLECT
z
PSION.” I DON'T UNDERSTAND THROUGH WHAT
1932
SOURCE, MALICIOUS OR OTHERWISE, THAT
STATEMENT CAME.”
TRENHOLM FURTHER REFUTES REFERENCE
1933
MORE DID SO AND BY WEDNESDAY
803. HAD TAKEN STEP; PERMAN NT
REGISTRATE S TOWARD PERMANENT
TO “ENTIRE STUDENT BODY REFUSING TO RE-
REGISTER.” FACTUALLY INCORRECT.
DR. WATKINS (PERSONAL INTERVIEW AND HE
HAS RECORDS TO BACK THIS UP):
GAVE BACKGROUND TO SITUATION: QUARTER
ENDED ON FRIDAY MARCH 4, PRE-REGISTRATION
WAS MAR 25. STANDARD PROCEDURE FOR STU-
DENTS TO REGISTER OFFICIALLY WITH BUSI
NESS OFFICE BY MARCH 10.
[fol. 1378] NPCO17/2 MONTGOMERY, ALA.
UNDER STANDARD RULES STUDENTS REQUIRED
TO HAVE MEAL TICKETS (ACTUALLY PRIVILEGE
CARD FOR BOTH MEALS AND DORMS), WHICH
ARE VALID BY QUARTER, TEMPORARY CARDS
ISSUED UP THROUGH MARCH 9; NO FURTHER
CARDS ISSUED EXCEPT ON BASIS OF ACTUAL
REGISTRATION.
“MEAL COURTESIES WERE EXTENDED TO ALL
(REPEAT ALL) STUDENTS THROUGH SUNDAY,
MARCH 6.” (TWO DAYS AFTER WINTER QUARTER
ENDED.)
“THE BUSINESS OFFICE REMAINED OPEN ALL
DAY SATURDAY AND SUNDAY (MARCH 5 & 6) TO
ENABLE STUDENTS TO EITHER REGISTER OR |
MAKE ARRANGEMENTS FOR PRIVILEGE CARD.”
AS TO “ENTIRE STUDENT BODY” REFUSING TO |
RE-REGISTER AS PROTEST, COLLEGE RECORDS
SHOW 1,182 OF THE APPROXIMATELY 1,900 STU- |
DENTS HAD PRE-REGISTERED PRIOR TO THE
QUARTER’S END MARCH 4.
ON MONDAY (MAR7), FIRST DAY OF THE SUP-
POSED PROTEST, 214 STUDENTS FOLLOWED
THROUGH ON REGISTRATION: ON TUESDAY, 194 7
NPCO18/3 MONTGOMERY, ALA.
“A NUMBER OF STUDENTS, WHO DUR
WEEK SIMPLY STAYED ON AND TOK NO STEPS
10 REGISTER,—THOSE PEOPLE DIDN'T HAT AS
FAR AS THE DINING HALL WAS CONCERNED.”
GF STUDENTS DON’T REGISTER, THEY AREN'T
CONSIDERED STUDENTS.) ,
“IT IS CONCEIVABLE THAT SOME STUDENTS
fol. 1379] THERE WERE ABOUT 75
fol STUDEN'
VHO NEVER RE-REGISTERED BUT WHO WERE
1934
AS TO THE EXPLUSION OF STUDENTS, THIS
WAS ON GROUNDS OF THEIR INSUBORDINATION
IN REFUSING TO STOP DEMONSTRATIONS ON
ORDERS OF TRENHOLM AND OTHER OFFICIALS—
THIS IS THE OFFICIAL STAND OF THE COLLEGE.
NPCO18/4 MONTGOMERY, ALA.
AS TO TRUCKLOADS OF POLICE, ETC., CITY
POLICE ENTERED THE CAMPUS ONLY AFTER A
MOB OF STUDENTS HAD THREATENED THE
BUILDING AND GROUNDS CUSTODIAN NEGRO
WHO TRIED TO PREVENT AN ON-CAMPUS DEMON-
STRATION ON ORDERS OF THE PRESIDENT. A
COLLEGE POLICE OFFICER FIRED HIS PISTOL IN-
TO THE AIR IN AN EFFORT TO QUIET THE MOB
BEFORE A PASSING CITY PATROL CAR INTER-
VENED, THE POLICE WERE ACTUALLY SEEING
THAT ORDERS OF THE OFFICIALS WERE CAR-
RIED OUT.
AS TO KING'S POLICE RECORD HERE:
MONTGOMERY POLICE FILES SHOW TWO AR-
RESTS ON JAN. 26, 1956, HE WAS ARRESTED FOR
SPEEDING, RELEASED ON BOND, CONVICTED AND
FINED $10 WHICH HE APPEALED AND LATER
PAID, AND ON SEPTEMBER 3, 1958, HE WAS AR-
RESTED FOR LOITERING, RELEASED ON HIS OWN
BOND, FINED $14 WHICH WAS PAID BY THE PO-
LICE COMMISSIONER, IN NEITHER CASE WAS HE 4
JAILED.
KIND HAS BEEN TWICE ARRESTED BY MONT-
GOMERY COUNTY SHERIFF’S OFFICER: ON FEB. =
22, 1956, FOR VIOLATION OF STATE BOYCOTT LAW,
AND ON FEB. 29, 1960, on CHARGE OF INCOME TAX
RETURN FALSIFICATION.
NPCO18/5 MONTGOMERY, ALA.
TOTAL OF 4 ARRESTS.
1935
AS TO DEMONSTRATIONS, ON SUNDAY MARCH
6, SEVERAL HUNDRED NEGROES, INCLUDING
SOME STUDENTS, ATTEMPTED MARCH ON GAPI-
TOL IN DIRECT VIOLATION OF POLICE WARNING
AGAINST IT: POLICE PROCEEDING ON BASIS OF
PRESERVING ORDER, LE., AVERTING RACE RIOT,
DON MCKEE MONTGOMERY ALA.
(718PMEST)
ATLANTA For LOES, general counsel.
ITTON (TELEPHONED) May 5
Following is chronology of events in Montgomery, Ala.,
surrounding the demonstrations of Alabama State Col-
lege students:
Feb. 25: Some thirty Alabama State College students
sought service at a lunch counter in the Montgomery
| County Courthouse. They were refused.
Feb. 27: A large number of students marched from the
lege campus to the First Baptist Church (Negro) in
owntown Montgomery, where they held a prayer meeting
and pep rally.
Feb. 29: Gov. John Patterson relented somewhat from a
osition taken in an earlier public statement that all stu-
ent participants in the Feb. 25 demonstration should be
elled. However, he strongly implied that such action
hould be taken in the case of the leaders.
1936
1937
2/1 ATLANTA x x x leaders. for Loeb | P 4/ ATLANTA xx x costs foe Tod
3 © r Loe:
March 1: A thousand students marched from the Ala- Paragraph 3 of the adverti j a
bama State College campus to the State Capitol, where |; » Montgomery, Ala., after stndents sare’ ate heging, “Tn
oO “e Oo
they held a demonstration on the Capitol steps. State
officials watched the event. The students said the Lord’s
Prayer in unison and sang the National Anthem before
marching back to the campus.
March 2: The State Board of Education, of which the
Governor is chairman, met and ordered the expulsion of
the nine student leaders of the demonstration.
March 5: City Police Commissioner L. B. Sullivan an-
nounced that no further demonstrations would be tolerated.
March 6: Authorities narrowly averted a riot as adult
Negroes and a few students sought to march from the =
Dexter Avenue Baptist Church (Negro) to the Capitol,
two blocks away, to hold a prayer meeting on the Capitol
[fol. 1381] steps. The demonstration was designed to pro-
test the expulsion of the nine student leaders.
e students sang
did police “ring”
f the student body was at one time or ano i i
e protest but not the “entire student mae tie ‘con
able to find anyone who has heard that the campus dining
‘oom was padlocked. Apparently students who refused to
-attend classes and also to sign a list requesting meal tickets
were barred from the dining hall. However, even those
‘taking part in the strike were admitted to the dining hall
they had signed a pre-registration application for the
ring quarter or a request for temporary meal tickets.
‘ol. 1382] 5/1 ATLANTA x x x tickets for Loeb
In reference to the 6th aragraph, beginning: “Again
Pp » beg)
again the Southern violato: e
} d again the South violators” ete.:
March 7: Alabama State College students stayed away
from classes in a strike in sympathy with those expelled.
However, virtually all of them returned to class after a
day. Even those expelled were allowed to come back and
complete examinations then in progress.
March 8: Students met at a church near the campus,
held a pep rally and distributed signs and then marched
on the campus. The superintendent of grounds ordered
them to leave, which they refused to do. There was con-
siderable confusion, with students dancing around the
campus in conga lines. Some became rowdy. A campus
guard fired his gun into the air several times in an attempt
to disperse them and the superintendent of grounds called
the police. At this point the students left the campus but as
they marched across the street the police arrived and ar-
rested thirty-two of them on charges of disorderly conduct
and failing to obey police officers. They were later con-
victed and fined $200 each and costs.
1938
27416
L. B. Sullivan
vs.
New York Times Co.
DEFENDANT’S NEW YORK TIMES Co.
ANSWERS TO INTERROGATORIES
Filed in Office
Sept 30, 1960
John R. Matthews
Clerk
[fol. 1383]
INTERROGATORIES TO DEFENDANT
THE NEW YORK TIMES COMPANY
Omitted. Printed at side folios 20-23, pages 24-29, ante.
[fol. 1387]
27416
No. 578 mx tHe Cimcurr Court or Moyteomery County,
ALABAMA,
L. B. Sunzivan, Plaintiff,
vs.
Tue New Yorx Tres Company, a corporation, et al,
Defendants.
ANSWERS OF THE NEW YORK TIMES COMPANY,
a Corporation,
TO PLAINTIFE’S INTERROGATORIES,
BEDDOW, EMBRY & BEDDOW,
Attorneys for Defendant
FILED IN OFFICE
Sept. 16, 1960
John R. Matthews, Clerk
1939
N THE Crrcurr Court or MonrcomEry County, ALapaMa
No. 578
L. B. Sumvay, Plaintiff,
v.
Tue New York Times Company, a corporation, et al,
Defendants.
SWERS OF THE NEW YORK TIMES COMPANY,
A CORPORATION, TO PLAINTIFF'S
INTERROGATORIES.
Comes the defendant, The New York Times Company, a
rporation, and for answer to the interrogatories hereto-
re propounded to it by the plaintiff in this cause, says as
lows:
1. The New York Times Company, a corporation; Hard-
F. Bancroft, 229 West 43rd Street, New York, New
rk, Secretary of the corporate defendant.
| 2. On or about March 25, 1960, one John Murray brought
The New York Times Plant at 229 West 43rd Street in
e City of New York the original copy from which the
vertisement referred to in this question was formed.
is copy was delivered to one Gerson Aronson, an en:
yee of this defendant, whose title or position with this
fendant is a salesman in the National Advertising De-
ment. Mr. Aronson delivered the original of this copy
this defendant’s Production Department after making a
thermafax copy of such copy, which said thermafax copy
placed on the desk of one D. Vincent Redding, who is
employee of this defendant and whose position is that of
ager of this defendant’s Advertising Acceptability De-
rtment.
The Production Department sent the original of such
y to the composing room of this defendant’s plant,
1940 194:
where some time during the period from about March 25,
1960 to the time of its insertion on March 29, 1960, it was q
set in type. During this intermin of time this defendant’s 4
Mr. Redding approved said copy for insertion as a paid |
advertisement in this defendant's newspaper. q
This was all done pursuant to what is called an ad- 4
vertising insertion order for this ad by Union Advertising .
[fol. 1389] Service of 302 Fifth Avenue, New York, New
York. Said Union Advertising Service was billed by this
defendant according to the terms and conditions of said ¢
insertion order and was paid by said Union Advertising 2
Service for the publication of said advertisement. :
Mr. D. Vincent Redding, who has been previously iden- 4
tified in the foregoing answers, in checking the advertise-
ment inquired about, ascertained that the same was en- §
dorsed by a large group of individuals among whom were a
/| persons whose general reputation for truth, integrity and J nd for retraction by letter dated April 8, 1960, a copy
honesty was known to Mr. Redding to be good and on the 4 of which is attached hereto as Exhibit “C”,
basis of this he had no reason to believe that anything con, 1. Yes. The attorney
this defendant’s motion to quash service of proces
ein.
. Attached is the copy in this defendant’s possessior
h has been referred to in the preceding answer to inter.
ogatory numbered 2 of the document forming the basis o!
format from which this advertisement was composed.
the regular course of business the original of this docu-
nt was not kept by this defendant and no longer exists
it is not eustomary on the part of this defendant to keep
1. 1390] such documents in its files. The thermafax copy
the authorization for the use of the names attached to
id advertisement is attached hereto and likewise the
nal of such was not kept by this defendant. Exhibits
and “B” respectively attached hereto.
Yes. This defendant did receive from plaintiff a de-
for this defendant made reply to
demand, a copy of which is attached hereto as Exhibit
8. Defendant, on advice of counsel, declines to answer
us interrogatory inasmuch as the same calls for the re-
ts of an investigation initiated and made by the attor-
s for this defendant after the publication of the adver-
ment complained of and in connection with the prepara-
on of the defense of the action which defendant antic-
3. See last paragraph of preceding answer numbered 4
“2”, No written statement was made to this defendant
regarding that which was done as answered in preceding |
answered number “2”,
errogatory makes reference to “correctness of statements
ntained in said advertisement.”
events or occurrences referred to in the advertisement. 3 9. Written reports were received by this defendant the
bstance of which had been telephoned previously. De-
ndant, on advice of counsel, declines to answer so much
this interrogatory which asks for the substance of the
itten and telephonic reports for the same reasons out-
ed in interrogatory 8 above.
were introduced into evidence in this cause on a hearing 10. No.
at ana
spy
rset
sat
1942
1943
§ sorinfions, ae issues distributed in Alabama totaled ap-
_ proximately 394 copies. Of these approxi ately 35 i
went to Montgomery County. »oe TS copies
17. No.
11. Yes. This defendant published a retraction with
reference to the advertisement referred to in this suit in
response to a demand from Governor John Patterson of
the State of Alabama. It did so although in its judgment
no statement in said advertisement referred to John Pat-
terson either personally or as the Governor of the State of
18. On advice of counsel defendant decli or
Alabama, nor referred to this plaintiff or any of the plain eclines to answer
it invades the province of the Court
tiffs in the companion suits. The defendant, however, felt and jury, calls for the names of wi 8s
that on account of the fact that John Patterson held the - answer which would constitute sorte Palle te “alti.
high office of Governor of the State of Alabama and that | late question of fact to be determined by the Court a: d
he apparently believed that he had been libeled by said jury in this canse, and calls for incompetent and egal
advertisement in his capacity as Governor of the State of clusions on the part of this defendant and incom sete
[fol. 1391] Alabama, the defendant should apologize. A @ ‘elevant and immaterial evidence. oad
photostatic copy of this retraction is attached hereto as
Exhibit “E”. The retraction is self-explanatory.
12. On advice of counsel this defendant declines to an-
swer this interrogatory as the same is incompetent, irrel-
evant and immaterial. It is likewise objectionable as an
invasion of the province of the Court and jury and calls for
answer which would be a conclusion as to the ultimate fact
to be determined by the Court and jury in this cause on all
of the evidence.
| 19. On advice of counsel defendant declines to answer
‘this interrogatory as the same calls for evidence which is
: -[fol. 1392] incompetent, irrelevant and immaterial.
/8/ Harding F. Bancroft
HARDING F. BANCROFT
_ STATE OF NEW YORK,
_ COUNTY OF NEW YORK,—ss. :
Personally appeared before me, the undersi,
1 igned Notar
. Public, HARDING F. BAN CROFT, who, after by me veins
| daly sworn, deposes and says that he, as Secretary of the
defendant, The New York Times Company in this cause,
13. See answer to preceding interrogatory numbered 2
14. We know of no such thing as is called “New York
Times Advertising Index Expurgatory”. However, we at-
tach hereto the booklet “The New York Times Advertising |
Acceptability Standards”, marked Exhibit “F”, which we |
presume you are seeking.
15. See answer to preceding interrogatory numbered 2.
16. The number of issues of March 29, 1960 were ap- 3
proximately 650,000 and were given national distribution.
Those issues sold or distributed in the City of Montgomery,
State of Alabama, were sold or distributed pursuant to
orders placed with The New York Times by wholesale or
retail dealers or mailed to subscribers who has ordered
subscriptions from The New York Times Company and
the same were either mailed or otherwise shipped from
New York City pursuant to said orders or orders for sub-
This 13th day of September, 1960.
/8/ Emily Wissler
NOTARY PUBLIC
(NOTARY SEAL)
1944 194:
racy. Their courage and amazing restraint have inspirec
millions and given a new dignity to the cause of freedom
Small wonder that the Southern violators of the Con
- stitution fear this new, non-violent brand of freedom
fighter . . . even as they fear the upswelling right-to-vote
movement. Small wonder that they are determined to
destroy the one man who, more than any other, symbolizes
the new spirit now sweeping the South—the Rev. Dr. Mar.
tin Luther King, Jr., world-famous leader of the Mont-
Exuzerr “A”
HEED THEIR RISING VOICES
The growing movement of peaceful
mass demonstrations by Negroes is
something new in the South, some-
thing understandable. Let Congress
heed their rising voices, for they will
be heard. ; — . gomery Bus Protest. For it is his doctrine of non-violence
—wNew York Times editorial which has inspired and guided the students in their widen-
Saturday, March 19, 1960 ing wave of sit-ins; and it this same Dr. King who founded
and is president of the Southern Christian Leadership Con-
ference—the organization which is spearheading the
surging right-to-vote movement. Under Dr. King’s direc-
tion the Leadership Conference conducts Student Work
ships and Seminars in the philosophy and technique of
non-violent resistance.
As the whole world knows by now, thousands of Southern
Negro students are engaged in widespread non-violent
demonstrations in positive affirmation of the right to live
in human dignity as guaranteed by the U. S. Constitution
and the Bill of Rights. In their efforts to uphold these
guarantees, they are being met by an unprecedented wave
of terror by those who would deny and negate that docu-
ment which the whole world looks upon as setting the
pattern for modern freedom...
In Orangeburg, South Carolina, when 400 students peace-
fully sought to buy doughnuts and coffee at lunch counters
[fol. 1393] in the business district, they were forcibly
ejected, tear-gased, soaked to the skin in freezing weather
with fire hoses, arrested en masse and herded into an
open barbed-wire stockade to stand for hours in the bitter
cold.
In Montgomery, Alabama, after students sang “My Coun-
try, ’Tis of Thee” on the State Capitol steps, their leaders
were expelled from school, and truckloads of police armed
with shotguns and tear-gas ringed the Alabama State Col-
lege Campus. When the entire student body protested
to state authorities by refusing to re-register, their dining
hall was padlocked in an attempt to starve them into sub-
mission.
In Tallahassee, Atlanta, Nashville, Savannah, Greens-
boro, Memphis, Richmond, Charlotte, and a host of other
cities in the South, young American teenagers, in face of
the entire weight of official state apparatus and police
power, have boldly stepped forth as protagonists of demoe-
F port, and thereby to intimidate all leaders who may rise
_ in the South. Their strategy is to behead this affirmative
movement, and thus to demoralize Negro Americans and
_ Weaken their will to struggle. The defense of Martin Luther
King, spiritual leader of the student sit-in movement,
' Clearly, therefore, is an integral part of the total struggle
for freedom in the South.
Decent-minded Americans cannot help but applaud the
creative daring of the students and the quict heroism of
_ Dr. King. But this is one of the movements in the stormy
| history of Freedom when men and women of good will
= toust do more than applaud the rising-to-glory of others.
| The America whose good name hangs in the balance before
1946
a watchful world, the America whose heritage of Liberty
these Southern Upholders of the Constitution are defend-
ing, is our America as well as theirs...
‘We must heed their rising voices—yes—but we must add
our own.
We must extend ourselves above and beyond moral sup-
port and render the material help so urgently needed by
those who are taking the risks, facing jail, and even death
in a glorious re-affirmation of our Constitution and its Bill
of Rights.
We urge you to join hands with our fellow Americans in
the South by supporting, with your dollars, this Combined
Appeal for all three needs—the defense of Martin Luther
King—the support of the embattled students—and the
struggle for the right-to-vote.
Your help is needed now!
COMMITTEE TO DEFEND MARTIN LUTHER KING
AND THE
STRUGGLE FOR FREEDOM IN THE SOUTH
A. Philip Randolph
Dr. Gardner C. Taylor
Chairmen
[fol. 1895]
Harry Belafonte
Sidney Poitier
Shelley Winters
Chairmen of Cultural Division
Nat King Cole
Treasurer
Father George B. Ford
Rev. Harry Emerson Fosdick
Rev. Thomas Kilgore, Jr.
Rabbi Edward P. Klein
Chairmen of Church Division
Morris Iushewitz
Chairman of Labor Division
Stella Adler
Harry Van Arsdale
Harry Belafonte
Julie Belafonte
Dr. Algernon Black
Mare Blitztein
William Branch
Marlon Brando
: Mrs. Ralph Bunche
Diahan Carrol
Anthony Franciosa
Lorraine Hansbury
Nat Hentoff
Langston Hughes
Morris Iushewitz
Mahalia Jackson
[fol. 1396]
Mordecai Johnson
L. Joseph Overton
Clarence Pickett
Shad Polier
Sidney Poitier
A. Phillip Randolph
John Raitt
Elmer Rice
¢ Jackie Robinson
| Mrs. Eleanor Roosevelt
; Bayard Rustin
Robert Ryan
Raymond Pace Alexander
Rev. Donald Harrington
1947
Dr. Alan Knight Chalmers
Richard Coe
Nat King Cole
Cheryl Crawford
Dorothy Dandridge
Ossie Davis
Sammy Davis, Jr.
Ruby Dee
Dr. Phillip Elliott
Dr. Harry Emerson Fosdick
John Killens
Eartha Kitt
Rabbi Edward Klein
Hope Lange
John Lewis
Viveca Lindfors
Carl Murphy
Don Murray
Jobn Murray
A. J. Muste
Frederick O’Neal
Maureen Stapleton
Frank Silvera
Hope Stevens
George Tabori
Rev. Gardner C. Taylor
Norman Thomas
Kenneth Tynan
Charles White
Shelley Winters
Max Youngstein
(Additional signers for the South)
1948
1949
We who are struggling daily for dignity and freedom in
Martin Luther King and the Struggl i
ih gi are nating cate i iz e Struggle for Freedom in the
South.
Rev. Ralph D. Abernathy Montgomery, Ala. Please be assured that they ha . owe
Rev. Fred L. Shuttlesworth Birmingham, Ala. to use their names in rs ever wane oe eour Com,
Rev. Kelley Miller Smith Nashville, Tenn. mittee OM:
Rev. W. A. Dennis Chattanooga, Tenn. I -
Rey. C. K, Steele Tallahassee, Fla. Biicirtly,
Rev. Matthew D. McCollom Orangeburg, S. C. A Philip Randolph,
Rev. William Holmes Borders Atlanta, Ga. Chairman
Rey. Douglas Moore Durham, N. C.
Rev. Wyatt Tee Walker Petersburg, Va.
Rev. Walter L. Hamilton Norfolk, Va. Exper “0”
I.S. Levy Columbia, S. C.
Rev. Martin Luther King, Sr. Atlanta, Ga. CETY OF MONTGOMERY
Rey. Henry C. Bunton Memphis, Tenn. ALABAMA
Rev. S. S. Seay, Sr. Montgomery, Ala.
Rev. William Holmes Borders Atlanta, Ga. March 8, 1960
Rev. Damuel W. Williams Atlanta, Ga.
Rev. A. L. Davis New Orleans, La. : BOARD OF COMMISSIONERS
Mrs. Katie E. Whickham New Orleans, La. Be EARL D. JAMES
Rey. W. H. Hall ene ake Miss. ‘resident of the Commission
Rev. J. E. Lowery obile, Ala. E RANK W. PARK:
; 7, Ss
Rev. T. J. Jemison Baton Rouge, La. ommissioner of Public Works
[fol. 1397] B. SULLIVAN
Exar “B” ommissioner of Public Affairs
A Pum Ranpowen ‘he New York Times Company
217 West 125th Street : ‘imes Building
New York 27, N. Y. 229 W. 43rd Street
y
March 23, 1960 lew York, New York
Mr. Jerry Aaronson “
New York Times entlemen .
Times Square You will hereby take notice that under and by virtue of
New York New York e laws of Alabama, I demand that you publish a retraction
f a certain false and defamatory matter published by you
Dear Mr. Aaronson: E the. New York Times of Tuesday, March 29, 1960, on
This will certify that the names included on the enclosed - se Bee Baer the heading “Heed Their Rising
list are all signed bers of the Commission to Defend 3 particularly the following false and defama-
we 1951
“In Montgomery, Alabama, after students sang “My
Country, "Tis of Thee’ on the State Capitol steps, their
leaders were expelled from school, and truckloads of
police armed with shotguns and tear-gas ringed the
Alabama State College campus. When the entire stu-
dent body protested to state authorities by refusing 3 - Commissioner
to re-register, their dining hall was padlocked in an z ity of Montgomery
attempt to starve them into submission.” Z || Montgomery, Alabama
“Again and again the Southern violators have answered |
Dr. King’s peaceful protests with intimidation and @
violence. They have bombed his home almost killing 4
his wife and child. They have assaulted his person. g
They have arrested him seven times—for ‘speeding’, @
‘loitering’ and similar ‘offenses’, And now they have
charged him with ‘perjury’—a felony under which they #4
could imprison him for ten years.”
[fol. 1399]
Exusrr “D”
April 15, 1960
ear Mr. Commissioner:
our letter of April 8 sen: y registered m: oO Th
¥ let; ril t by gistered mail to The
New York Times Company has been referred for attention
You will appreciate, we feel sure, that
Y ) the statements t
which you object were not made by The New York Times
but were contained in an advertisement proffered by The
The foregoing matter, and the publication as a whole, | Times to responsible persons.
charge me with grave misconduct and of improper actions
and omissions as an official of the City of Montgomery.
I further demand that you publish in as prominent and
as public a matter as the foregoing false and defamatory
material contained in the foregoing publication, a full and
fair retraction of the entire false and defamatory matter #
so far as the same relates to me and to my conduct and
acts as a public official of the City of Montgomery, Ala- 3
bama.
We have been investigating the matter and are somewhat
puzzled as to how you think the statements in any way
Feflect on you. So far, our investigation would seem to
indicate that the statements are substantially correct with
ment that the dining hall in the State Colleze was “
locked in an attempt to starve them into submission
We shall continue to look into the subj.
8 ject matter bi
our client, The New York Ti is always desirous of
Very truly yours,
/s/ L. B. Surirvay
L. B. Sullivan In the meanwhile you might, i i
Sal ight, if you desire, let
Commissioner in what respect you claim that the statements fn bean
sement reflect on you.
LBS :rf
REGISTERED MAIL Very trul:
RETURN RECEIPT REQUESTED =e _
orp, Day & Lorp
bee Mr. Dryfoos
Mr. Garst
Mr. Redding
y
1952
Exar “E”
The advertisement containing the statements to which
Governor Patterson objects was received by The Times
in the regular course of business from and paid for by .
recognized agency in behalf of a group which include
among its subscribers well-known citizens. The publication
[fol. 1400] of an advertisement does not constitute a factual
news report by The Times nor does it reflect the judgment
or the opinion of the editors of The Times. Since publi-
cation of the advertisement, The Times made an investiga-
tion and consistent with its policy of retracting and correct-
ing any errors or misstatements which may appear in its
columns, herewith retracts the two paragraphs complained
Governor.
omer New York Times never intended to suggest by the
publication of the advertisement that the Honorable John
Patterson, either in his capacity as Governor or as ex
officio Chairman of the Board of Education of the State
of Alabama, or otherwise, was guilty of “grave misconduct
or improper actions and omissions.” To the extent that
anyone can fairly conclude from the statements in the
advertisement that any such charge was made, the New
York Times hereby apologizes to the Honorable John Pat-
terson therefor.
Exasrr “EF”
THE NEW YORK TIMES
ADVERTISING ACCEPTABILITY STANDARDS
The New York Times endeavors to exclude misleading, :
inaccurate and fraudulent advertisements and unfair com-
petitive standards in advertising. The chief purpose of
this policy of The Times is to protect the reader, and to
maintain the high standards of decency and dignity in its
advertising columns which The Times has developed over
the years. .
Following is a list of several classes of advertising The
Times does not accept.
1953
1. Fraudulent or deceptive advertisements.
2. Offers of something of value for nothing; advertise-
ments that make false, unwarranted or exaggerated claims.
3. Advertisements that are ambiguous in wording and
which may mislead.
[fol.1401] 4. Attacks ofa personal character.
5. Advertisements that reflect adversely on other adver-
tisers or their goods.
6. Advertisements holding out the prospect of a large
( guaranteed dividend or excessive profits.
7. Advertisements that are indecent, vulgar, suggestive
or otherwise offensive to good taste.
8. Matrimonial offers.
9. Medical advertising of products containing habit-
forming or dangerous drugs; offers of free medical treat-
_ ment; advertising that makes exaggerated remedial, relief
or curative claims.
10. Advertisements of fortune telling, dream interpre-
tations, individual horoscopes and nativity writings.
11. Any other advertising that may cause money loss to
the reader, or injury in health or morals, or loss of confi-
dence in reputable advertising and honorable business, or
which is regarded by The New York Times as unworthy.
In addition, there are statements in other classes of ad-
vertising which The Times does not accept, as, for example,
unwarranted promises of employment in school advertising,
or the claim that any cosmetic will cure wrinkles or banish
freckles.
The Times does not accept any advertising whatsoever of
an individual or of a firm which it has reason to believe
to be of undesirable character. .
The text of every advertisement ordered for insertion in
The Times is read first by the Publication Office staff, or in
_ the case of Classified Advertising by the copy passers in
* that department. In addition, practically every display
1954
1955
advertisement is read by the staff of the Advertising Ac-
ceptability Department. When statements are discovered
which that Department believes ought to be changed or
eliminated, the advertiser or its advertising agency is noti-
fied.
Investigations are frequently made by the Advertising
Acceptability Department to develop further information
or to determine the accuracy of statements. The recognized
[fol. 1402] agencies of investigation, such as the National _
and New York Better Business Bureaus are consulted and
frequently are asked to shop an advertisement. Reports
of commercial fact-finding agencies are utilized for their
background information concerning business firms. In many
classifications advertisers in The Times must fill out ques-
tionnaires. These classifications include: Financial, which
has one questionnaire for securities dealers and one for -
advisory services: Book Exchange, Business Opportuni-
ties, Camps Education, Garden, Mail Order, Mortgages and
RETAIL ADVERTISING
| The following regulations apply to retail advertising:
. 1. General Statements.
Untrue, deceptive or misleadin: t i
ime ee ig Statements or illustra-
2. Competitive Claims Which Refer to Quality or Price.
pout poets fr presentetions which refer to the
b, e, Service or advertisi i
geo peice ly ertising of any competitor are
B. Statements which claim to underse
schsoepauie ll competitors are
fol. 140: iti i i
if rae 3. Competitive Claims on Policy or Business
A. Statements which mak i i
au e or imply, comparisons must
pane those comparisons to the individual advertiser's own
merchandise, services, prices or business methods.
=. B. Statements of fact, if
: . s z generally known, and -
ceptible of definite proof are acceptable. No. £ Bair ‘On
and governmental agencies. | Some examples follow of expressions
If any advertiser makes inaccurate or misleading state-
ments and refuses to correct them, the advertising is de.
clined. Further, if The Times receives complaints from it
readers which, upon investigation, convince the Advertisin;
Acceptability Department that the business practices of the :
firm are unfair or open to question, The Times declines
further announcements of that firm. :
Another function of the Advertising Acceptability De
partment is to pass upon those questions which cannot be
set forth in a code of rules but which have to do with ad-{
vertising which may be offensive to good taste. The Times
frequently requires changes in copy and illustrations in
advertising which are distasteful or salacious. Q
NOT ACCEPTABLE
he lowest price ever offered
: pe beat buy in town
Will surpass anythin; i
‘ Sia er a Pe bee = could possibly find
Unprecedented value (or quality)
Unheard of prices
The finest coat we have ever seen
We give you the most for your dollar
Superior to any you've seen at this price
believe you will find these values greater than elsewhere
1956
1957
ACCEPTABLE AS REVISED
The lowest price we ever offered
claims. As a general policy,
i The Times d i
. racial or religious discriminati niniog eohamms
on in its advertising columns.
One of the best buys in town
Will surpass anything we could possibly offer “ ane Nene TIMES
Unexcelled in fine quality e News That’s Fit to Print”
Exceptional value (or quality)
Amazingly low prices {fol. 1405]
The finest coat we have ever sold
We give you exceptional value for your dollar
Superior to what you’d expect to find at this price
An outstanding value in men’s footwear
We believe you will find these values unsurpassed
Prawrers Exurerr No. 349
THE NEW YORK TIMES
New York, ‘Wednesday, March 2, 1960
[fol 1404] MEDICAL ADVERTISING 1,000 NEGROES JOIN MARCH IN ALABAMA
When advertising of any preparation is offered which ; BY Claude Sitton
advertises medication or treatment, The Times asks the | Omitted. Printed at side folios 975-976, pages 1568-1569.
opinion of medical consultants, including those in its own @ ante. i
Medical Department and the recognized local and national
medical bureaus of information.
These medical authorities do not exercise censorship over
The New York Times medical authorities columns. The @
Times applies its judgment to the information and makes
its own decisions.
The Times does not accept the advertising of any prepa-
ration which might lead to self-diagnosis or self-medication
of any serious condition or illness.
The advertising, even of acceptable preparations, is care-
fully scrutinized.
The Times does not accept medical advertising which
contains testimonials, questionable “before and after” il-
lustrations, or any copy which goes too far in indicating
that doctors “prescribe” or recommend any preparations
for a stated illness or condition.
The Times does not accept the advertising of radio pro-
grams or broadeasts of non-acceptable medical prepara-
tions.
The Times does not accept the advertising preparations
which may be harmless in themselves but which either in
their newspaper advertising copy or on their labels or in
their descriptive pamphlets make grossly unwarranted
fol. 1407]
In Cmourr Covsr or Moxtcommry County, Anspama
Pranvimr’s Exumrr No. 350
UNION ADVERTISING SERVICE
302 Fifth Avenue
NEW YORK 1, N. Y. OXFORD 5-4860
-If checked here, this is a space contract
X If checked here, this is an insertion order
No. i
Date Mar. 28, 1960
TO PUBLISHER OF New York Ti
CITY AND STATE ees
PLEASE PUBLISH ADVERTISING OF
NAT’L COMMITTEE TO DEFE
MARTIN LUTHER KING, JR.
SPACE 2400 Lines TIMES 1
DATES OF INSERTION Tuesday, March 29
(Advertiser)
ND
1
1958
this is substitute order for copy originally scheduled
ing Voices,” and particularly the following false and «
for March 28 and cancelled through Don Shakskaft
amatory matter therein contained.
“In Montgomery, Alabama, after students sang ‘)
Position ‘ountry "Lis of Thee’ on the State Capitol steps, the
leaders were expelled from school and truckloads of poli
Copy You Have Key Cats armed with shotguns and tear-gas ringed the Alabama Sta
Ts " College campus. When the entire student body protest
Additional Instructions ‘0 state authorities by refusing to re-register, their dini
Rate $2.08 = was padlocked in an attempt to starve them into su
-mission.
Less Agency Commission 15 per cent on ages + “Again and again the Southern violators have answer
Less Cash Discount ..............___ Per Cent on Ne Dr. King’s peaceful protests with intimidation and violen
They have bombed his home, almost killing his wife ar
UNION ADVERTISING SERVICE child. They have assaulted his person. They have arrest
PER M. Smith him seven times—for ‘speeding,’ ‘loitering’ and similar ‘o
NEW YORK CITY fenses.’ And now they have charged him with ‘perjury’—
1 —— “felony under which they could imprison him for ten years
[fol. 1408.
*ff0l. 1409] The foregoing matter and the publication as
whole charge me with grave misconduct and of impropé
actions and omissions as Governor of Alabama and BP:
bane Chairman of the State Board of Education of Al:
In Crcurr Court or Monteomery County, ALsBaMa
Pracsiirr’s Exurerr No. 351
THE NEW YORK TIMES MONDAY, MAY 16, ae
TIMES RETRACTS STATEMENT IN AD
Acts on Protest of Alabama Governor Over Assertions
in Segregation Matter
I further demand that you publish in as prominent an
as public a manner as the foregoing false and defamator
material contained in the foregoing publication, a full an
fair retraction of the entire false and defamatory matte
so that as the same relates to me and to my conduct an
pacts as Governor of Alabama and Ex-Officio Chairman
‘the State Board of Education of Alabama.
The statement by The New York Times read:
The advertisement containing the statements to whic
; Governor Patterson objects was received by The Times i
the regular course of business from and paid for by
recognized advertising agency in behalf of a group whic
incladed among its subscribers well-known citizens.
The publication of an advertisement does not constitute
factual news report by The Times nor does it reflect th
Gov. John Patterson of Alabama, acting as Governor
and ex-officio chairman of the Alabama State Education
Board, has protested to The New York Times certain state-
ments in a paid advertisement of the Committee to Defend
Martin Luther King and The Struggle for Freedom in the
South, published in The Times last March 29. _ .
Governor Patterson’s letter was sent from his office in
Montgomery on May 9 and received by The Times on May
12. The text of the Governor’s letter and a statement by
The New York Times follow: . 3
You will hereby take notice that under and by virtue of ¥
the Laws of Alabama, I demand that you publish a retrac- |
tion of certain false and defamatory matter published by 3
you in The New York Times of Tuesday, March 29, 1960,
on page 25, published under the heading, “Heed Their Ris-
publication of the advertisement, The Times made an inves
figation and consistent with its policy of retracting an
1960
correcting any errors or misstatements which may appear
in its columns, herewith retracts the two paragraphs com-
plained of by the Governor.
The New York Times never intended to suggest by the
publication of the advertisement that the Honorable Jobn
Patterson, either in his capacity as Governor or as ex-officio
chairman of the Board of Education of the State of Ala-
bama, or otherwise, was guilty of “grave misconduct or
improper actions and omissions.” To the extent that any-
one can fairly conclude from the statements in the adver-
tisement that any such charge was made, The New York
Times hereby apologizes to the Honorable John Patterson
therefor.
The advertisement bore the names of the following as
signers:
Stella Adler, Raymond Pace Alexander, Harry Van Ars- @
[fol. 1410] dale, Harry Belafonte, Julie Belafonte, Dr.
Algernon Black, Mare Blitztein, William Branch, Marlon
Brando, Mrs. Ralph Bunche, Diahann Carroll, Dr. Alan 3
Knight Chalmers, Richard Coe, Nat King Cole.
Also, Cheryl Crawford, Dorothy Dandridge, Ossie Davis,
Sammy Davis, Jr., Ruby Dee. Dr. Philip Elliott, Dr. Harry _
Emerson Fosdick, Anthony Franciosa, Lorraine Hansbury,
the Rev. Donald Harrington, Nat Hentoff, James Hicks,
Mary Hinkson, Van Heflin, Langston Hughes, Morris
Jushewitz, Mahalia Jackson, Mordecal Johnson.
Also, John Killens, Hartha Kitt, Rabbi Edward Klein,
Hope Lange, John Lewis, Viceca Lindford, Carl Murphy,
Con Murray, John Murray, A. J. Muste, Frederick O’Neal,
L, Joseph Overton, Clarence Pickett, Shad Polier, Sidney |
Poitier, A. Philip Randolph, John Raitt, Elmer Rice, Jackie
Robinson.
Also, Mrs. Eleanor Roosevelt, Bayard Rustin, Robert
Ryan, Maureen Stapleton, Frank Silvera, Hope Stevens,
George Tabori, the Rev. Gardner C. Taylor, Norman
Thomas, Kenneth Tynan, Charles White, Shelley Winters,
Max Youngstein.
The advertisement bore the names of the following as
endorsers from the South:
1961
The Rev. Ralph D. Abernathy, Montgom
Rev. Fred L, Shuttlesworth, Birmingham, Aly’; aoae
Aor Miller Smith, Nashville, Tenn.; the Rev. W. a
penis, Chattanooga, Tenn.; the Rev. C. K. Steele, Talla-
x eee Fila.; the Rev. Matthew D. McCollum, Orangeburg,
SCs the Rev. William Holmes Borders, Atlanta. Ga.
ie Rev. Douglas Moore, Durham, N. C.; the Rev. W: it
ee piskes Fotensbozy, Va. , Inet
‘0 the Rev. Walter L. Hamilton, Norfolk, Va.: LS
Tavys Columbia, S.C.; the Rev. Martin Luther King sn ;
7 es Ga.; the Rev. Harry C. Bunton, Memphis, ‘Tenn 7
Mis ie S. S. Seay, Sr., Montgomery, Ala., the Rev. Samuel
bes ams, Atlanta, Ga.; the Rev. A. L. Davis New
a ans, La.; Mrs. Katie BE. Whickham, New Orleans, La ;
fe: a ev. au 7 Hall, Hattiesburg, Miss.; the Rev. 3. E
Ronse ta le, Ala.; and the Rev. T. J. J. emison, Baton
The advertisement bore the name of th i
[fol. 1411] Defend Martin Luther King aaa The Seve
for F. i :
a in the South, and of the following as its
A. Philip Randolph and Dr. Gard
: Dr. ener C. Taylor, chair-
mens Pad Belafonte, Sidney Poitier, chatemven ‘of cul.
division ; Nat King Cole, treasurer ; Bayard Rustin,
executive director; the Rev. George B. Ford, the Rev,
oat ao Pee the Rev. Thomas Kilgore Jr.
i ward EH. Klein, chairmen of vision:
Morris Iushewitz, chairman of labor aie division;
Puarntire’s Exarerr No. 352
(Newspaper article, The New York Ti
; ; Times, Ne
New York, dated April 8, identified as Plains Wsiba
No. 352, off ; 5
Court.) , offered but Not received and disallowed by the
1962
Puamsir’s Exurrr No. 353
(One photograph, identified as Plaintifi’s Exhibit No.
353, offered but Not received and disallowed by the Court.)
Puamtire’s Eixurr No. 354
(One photograph, identified as Plaintiffs Exhibit No.
354, offered but Not received and disallowed by the Court.)
[fol. 1412]
In Cracurr Cover or Monteomzry County, ALABAMA
Puawtirr’s Exurrr No. 355
CITY OF MONTGOMERY
Montgomery, Alabama
March 8, 1960
Ralph D. Abernathy
1327 S. Hall Street
Montgomery, Alabama
Dear Sir:
You will hereby take notice that under and by virtue
of the laws of Alabama, I demand that you publish a re- -
traction of certain false and defamatory matter published
by you in the New York Times of Tuesday, March 29, 1960, ©
on page 25, published under the heading, “Heed Thei
Rising Voices”, and particularly the following faise and
defamatory matter therein contained,
“In Montgomery, Alabama, after students sang ‘My
Country "Tis of Thee’ on the State Capitol steps, their
leaders were expelled from school, and truckloads of @
police armed with shotguns and tear-gas ringed the ®
Alabama State College campus. When the entire stu.
dent body protested to state authorities by refusing
to re-register, their dining hall was padlocked in an
attempt to starve them into submission.”
1963
“Again and again the Southern violators have
Dr. King’s peaceful protests with intimidation ee
violence. They have bombed his home almost Killing
ps wife and child. They have assaulted his person.
They have arrested him seven times—for ‘speeding’
‘loitering’ and similar ‘offenses’. And now they have
charged him with ‘perjury’—a felony under which
they could imprison him for ten years.”
The foregoing matter, and th icati
¢ : e publication as a whole.
harge me with grave misconduct and of improper actions
and omissions as an official of the City of Montgomery.
I further demand that you publish in as prominent and
s public a manner as the foregoing false and defamatory
fol. 1413] material contained in the foregoing publication,
full and fair retraction of the entire false and defamatory
ter so far as the same relates to me and to my conduct
: raed as a public official of the City of Montgomery,
Very truly yours,
L. B. Sullivan
Commissioner
REGISTERED MAIL
(RETURN RECEIPT REQUESTED
1964
1965
I Circurr Court or Mortcomery County, ALABAMA I further demand that you publish in as prominent and
s| @s public a manner as the foregoi
: b a 1 going false and defamator:
i mare contained in the foregoing publication, a fall
and fair retraction of the entire false and defamatory
matter so far as the same relates to me and to my conduct
vane as a public official of the City of Montgomery,
Pusarrirr’s Exurerr No. 356
CITY OF MONTGOMERY
Montgomery, Alabama
March 8, 1960 |
8. S. Seay
Madison Park Very truly yours,
Montgomery, Alabama L. B, Sullivan
Commissioner
Dear Sir:
You will hereby take notice that under and by virtue of
the laws of Alabama, I demand that you publish a retrac-
tion of certain false and defamatory matter published
by you in the New York Times, Tuesday, March 29, 1960,
on page 25, published under the heading, “Heed Their
Rising Voices”, and particularly the following false and
defamatory matter therein contained, 3
ETURN RECEIPT REQUESTED
w Crrcurr Court or Montcomrry Coury, Anapama
Puamrirr’s Exnisrr No. 357
County "Tis of Thee’ on the State Capitol steps, the’ CITY OF MONTGOMERY
Mont
police armed with shotguns and tear-gas ringed thes igomery, Alabama
Alabama State College campus. When the entire stu.
dent body protested to state authorities by refusi
to re-register, their dining hall was padlocked in
attempt to starve them into submission.”
[fol. 1414] “Again and again the Southern violato:
have answered Dr. King’s peaceful protests with
timidation and violence. They have bombed his hoi
almost killing his wife and child. They have assault f i
his person. They have arrested him seven times mt feria false and defamatory matter published by
for ‘speeding,’ ‘loitering’ and similar ‘offenses’. Prag ew York Times of Tuesday, March 29, 1960,
now they have charged him with ‘perjury’—a felon J on page 25, published under the heading, “Heed
under which they could imprison him for ten yea : and particularly the following false
er therein contained,
“In Montgomery, Alabama, after students sang ‘My
Country, ’Tis of Thee’ on the State Capitol Deen i
leaders were expelled from school, and truckloads of
March 8, 1960
Sir:
The foregoing matter, and the publication as a whol
charge me with grave misconduct and of improper acti
and omissions as an official of the City of Montgomery.
1967
1966
i i tear-gas ringed the
lice armed with shotguns and g ,
Mabama State College compe filed i = eh =
body protested to state authori v ;
ie Ne ronstor, their dining hall was: padlocked in an 4
attempt to starve them into submission.
i red
‘ i d again the Southern violators have answe:
bee peaceful protests with intimidation and
[fol. 1416]
Ty Omovrr Cover or Montcommry County, ALapama
Puarrire’s Exurerr No. 358
CITY OF MONTGOMERY
Montgomery, Alabama
wee March 8, 1960
; bombed his home almost killing 4 Fred L. Shuttlesworth
ie wie ond whild. They have assaulted his person. @ 3232 29th Ave. North
The have arrested him seven times—for ‘speeding,’ 3 irmingham, Alabama
4 itorin ’ and similar ‘offenses’. And now they have i : .
charged him with ‘perjury’—a felony under which they Dear Sir:
could imprison him for ten years.” : You will hereby take notice that under and by virtue of
se : the laws of Alabama, I demand that ou publish a retrac-
The foregoing matter, and the publication as a whole, | 2 you p etrac
ion of certain false and defamatory matter published by
ou in the New York Times of Tuesday, March 29, 1960,
R page 25, published under the heading, “Heed Their
ing Voices”, and particularly the following false and
amatory matter therein contained,
“In Montgomery, Alabama, after students sang ‘My
Country "Tis of Thee’ on the State Capitol steps, their
leaders were expelled from school, and truckloads of
police armed with shotguns and tear-gas ringed the
Alabama State College campus. When the entire stu-
dent body protested to state authorities by refusing
to re-register, their dining hall was padlocked in an
attempt to starve them into submission.”
i i er actions
with grave misconduct and of improp'
poe pein FA an official of the City of Montgomery.
ish i minent an
ther demand that you publish in as pro. :
nie manner as the foregoing false and defamatory
i i i cation,
material contained in the foregoing pul 2
i i se and defamatory ma‘
fair retraction of the entire fal ped erie
the same relates to me and to my
arg as public official of the City of Montgomery, Al
bama.
Very truly yours,
L. B. Sullivan
Commissioner é
LBS :rkf 3 eaceful protests with intimidation and
See ECELPT REQUESTED F hey have arrested him seven times—for ‘speeding,’
e foregoing matter, and the publication as a whole,
e me with grave misconduct and of improper actions
omissions as an official of the City of Montgomery.
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1970
1971
In Creovrr Courr or Mowreommry Couwry, ALaBama
on
Prarscire’s Exurerr No. 363
LORD, DAY & LORD
25 Broadway
NEW YORK 4
DeNAUTY 208 PRIVATE USE
April 15, 1960
Hon. L. B. Sullivan, Commissioner
City of Montgomery
Montgomery, Alabama
[fol. 1419] Dear Mr. Commissioner:
Your letter of April 8 sent by registered mail to The
New York Times Company has been referred for attention
to us as general counsel.
You will appreciate, we feel sure, that the statements
to which you object were not made by The New York
Times but were contained in an advertisement proffered
| to The Times by responsible persons.
We have been investigating the matter and are somewhat
puzzled as to how you think the statements in any way
‘eflect on you. So far, our investigation would seem to in-
icate that the statements are substantially correct with
e sole exception that we find no justification for the
tatement that the dining hall in the State College was
“padlocked in an attempt to starve them into submission.”
We shall continue to look into the subject matter be-
use our client, The New York Times, is always desirous
of correcting any statements which appear in its paper and
which turn out to be erroneous.
ae
cd on other side.
Becta
NG EMPLOYEE
dress where
Puawrirr’s Exurrrs Nos, 361 anp 362
«
In the meanwhile you might, if you desire, let us know
what respect you claim that the statements in the adver-
ptisement reflect on you.
Shuttlesworth
SSTURN RECHIPT
GENT, IF ANY.
| aDOCRSS WHERE DELIEs
UCTIONS TO DELIVER!
HV ~INSTR
Deliver ONLY to
addressee
| 3237 29th Ave No. B'ham,Ala.
Yours very truly,
1 Additivnal sharges required for shese seyvites)
_Fred
/s8/ Lorp, Day & Lop
=
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3
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4
SISTATIRE OF AODRESSEE'S A
ie OFUVTRED ©
J
b
>
1972 1973
Is Crourr Courr or Monrcommny County, Anapanca 1. That the following students be expelled:
Bernard Lee, Norfolk, Virginia
St. John Dixon, National Cay, California
Edward E. Jones, Pittsburg, Pennsylvania
Leon Rice, Chicago, Ilincis
Howard Shipman, New York, New York
Elroy Emory, Ragland, Alabama ~
James McFadden, Prichard, Alabama ;
Joseph Peterson, Newcastle, Alabama ye
Marzette Watts, Montgomery, Alabama J
Puauvtirr’s Exurerr No. 364
EXPULSION OF CERTAIN STUDENTS,
ALABAMA STATE COLLEGE
Dr. H. Councill Trenholm, President, Alabama State Col- 3
lege, complying with the former request of Governor Pat- §
terson, appeared before the Board and gave his report
of the investigation relating to the downtown demonstra-
tion of certain students from the college in the matter of
[fol. 1420] appearing at the Court House Restaurant and
demanding service. It was determined by his investigations
and that of Mr. Floyd Mann, Director of the State De-
partment of Public Safety, that there were nine students &
who lead the demonstration. Dr. Trenholm agreed that 3
the students should be punished and that their action might
have been influenced by a student or students from out of
the State. He earnestly requested that the students be
allowed to take the final quarter examinations. The Board =
agreed that they be permitted to do so, but that the orde:
of expulsion for the nine leaders of the demonstratio:
be made effective Friday, March 4, and that the pupi
record show such action, also that probation of other stu
dents taking part in the demonstration be made effective 4
the same date. Dr. Trenholm stated that the participating
students were obsessed with obligation and conviction an
felt that they had done no wrong. He expressed the feel-
ing that he could control future behavior on the campu:
and that the students should be reprimanded and put on 4
probation from now on. The Governor felt that the situ.
ation was much too tense and the danger of life and blood-
shed too perilous to pass up lightly the matter of punish-
ment of the participants. He then offered the following}
recommendation and moved its approval:
[fol 1421] 2. That the following students be placed on
probation and allowed to i i
hee Temain in school pending
Henry Allen, Seale, Alabama; Richard Ball, Fai
Alabama; Willis C. Battle, Phenix City, Ajght
Cornelius Benson, Birmingham, Alabama; Samuel
Bouie, Anniston, Alabama; Floyd Coleman, Sawyer-
ville, Alabama; Henry Crawford, Montgomery, Ala-
penis James Earl Davis, Prichard, Alabama;
qos C. Ervin, Heflin, Alabama; Arthur Lee
oster, Montgomery, Alabama 3 Isham Harris, Troy,
Collinsville, Alabama; Andrew Willi ir.
0 am Jones, Bir-
ghia, Alabama; Eddie Lee McSwain, Eufaula,
bates Theophilus Moody, Camden, Alabama; J oe
ouis Reed, Evergreen, Alabama; William Renfroe,
Peg Alabama; Robert Lee Woods, Heiberger, Ala-
that they will be expected to behav.
e themselves and
obey the law and that any future conduct on their part
After a full investigation of the demonstrations carr
groes and after careful consideration of the evidence ob . Word moved the approval
af tained as a result of the investigation, I recommend Pproval of the ree
the following action be taken:
a ommendation ; hi
‘on carried by all members voting aye. i ae
1975 1$
1974
Exmrr No. 365 tf
T hereby certify that the above is a true and correct copy
of an excerpt from the Minutes of the Alabama State Board
of Education meeting, 2 p.m., Wednesday, March 2, 1960,
Montgomery, Alabama.
/s/ Frank R. Srewarr
Frank R. Stewart, Executive Secretary
Alabama State Board of Education and
State Superintendent of Education
default of pay.
(NOTARY SEAL)
Sworn to and subscribed before me this
the 28 day of October, 1960
lars and costs, in
/8/ Acxzs Brinpiey
Notary Public
1422
ae 1977
: - [fol. 1423a]
ol, 1423] Ly Crecurr Covrr or Mowzcommry Couwry, Anapanra
‘ k : ‘ At Law
cf
j 3 Case No. 27416
»
i a L. B. Suzzavan, Plaintiff,
ie 4s 4 vs.
ie i 4 g Tae New Yorx Times, A Corporation, et al., Defendants.
Bh 3 S 4 a
£ ~ a Dereypant, Tae New Yorx Tues Company’s
t B Exursrrs ow Morton to Quasx
ei |
£ B : ——
oy
‘ "
SIE
it
y
:
guilty and___fi
ment of fines and costs._________sentenced to hard labor for the City.
CHARGE
Cb Captain
i the case was heard and the De-
‘The Defendant appeared in open Court, in_.___... own oe
fined _._
sordarly C:
uw
:
16
a 1979
19’
[fol. 1424] Devexpants’ Exnarr No. 1 Devenpants’ Exnrerr No. 2
May 13, 1960 | ALABAMA ACCOUNTS
E Lineage
Mr. Wagner 4 Sa
The following is a breakdown of the amount o oe q Agency Decision 1950 56h
members of our staff spent in Alabama in 1959 an , ath Gardens Howard Barney Ala. 57 56
1959 Com. of 100 Sparrow Ala. 4,768 2,720
Sparrow Ala. 512 o
nae — 2 days Sparrow Ala. 120 98
Montgomery Fes HB. Humphrey, Ala, &
Selma 2 Allay & Richards NY. ao
Monger
Birmingham 2 days
Sullivan Sparrow ae & 2,400
. a.
Mobile é days Sparrow & Dormis N.Y. 480
Montgomery a Luckie AA Ala. 326
Birmingham Direct Ala. 102
J. McCullough Direct Ala. 112
Birmingham) 3 days Direct Ala. 140
Direct
Montgomery) ; Ala. 42
Supply Direct Ala. 28
1960 ; Ala. &
Monger e Mills N.W. Ayer N.Y. 4,250
Birminet 1 day ie Docks* Howard Barnay Ala. 2,400
RWA:MM
/8/ Roger Atrwoop
Roger Atwood 4 lowing were participants in the above co-op page:
Cooper Stevedoring
Murray Stevedoring
Rayan Stevedoring
L & N Railroad)
1980
[fol. 1426] Derenpayts’ Exurerr No. 4
Derenpants’ Exutsrr No. 3
ALA 1960
UNION ADVERTISING SERVICE Daily Sun
302 Fifth Avenue Dealers 43 1014
NEW YORK 1, N. Y. OXFORD 5-4860 Mail Subs 351 1430
a -If checked here, this is a space contract 394. 2440
[fol. 1427]
X If checked here, this is an insertion order
D. 650,000 Sun 1,300,000
No. ee Be
Date Mar. 28, 1960
TO PUBLISHER OF New York Times
CITY AND STATE
PLEASE PUBLISH ADVERTISING OF (Advertiser)
NAT’L COMMITTEE TO DEFEN
MARTIN LUTHER KING, JR.
SPACE 2400 Lines TIMES 1
DATES OF INSERTION Tuesday, March 29 |
this is substitute order for copy originally scheduled
for March 28 and cancelled through Don Shakskaft
Position
Copy You Have Key Cuts
Additional Instructions
Rate $2.08
Less Agency Commission 15 per cent on gross
Less Cash Discount 0 Per Cent on Net .....
UNION ADVERTISING SERVICE |
PER M. Smith 2
NEW YORK CITY
Derenpants’ Exurerr No. 5
WHOLESALERS
Luni News Agency Dothan, Ala.
Carters News Agency Mobile, Ala.
Anderson News Co. Florence, Ala.
Gadsden News Co. E. Gadsden, Ala.
- DIRECT ACCOUNTS
“
Montgomery News Agency Montgomery, Ala.
E Jefferson News Co. Ine. Birmingham, Ala.
1981
1982
[fol. 1427a]
In tHe Cmovrr Court or Monrcomery County, ALABAMA
Ar Law
Case No. 27416
L. B. Sunrivay,
Plaintiff,
vs.
Tse New York Times Company, A Corporation, et als.
Defendants.
Derenpant, Tae New York Trwss Company’s
Exuisits on Merirs
[fol. 1428]
Derenpant’s Exner No. 6
UNION ADVERTISING SERVICE
302 Fifth Avenue
NEW YORK i, N. Y. OXFORD 5-4860
eee If checked here, this is a space contract
X If checked here, this is an insertion order
NO: wesc os
Date Mar. 28, 1960 3
TO PUBLISHER ae New York Times ;
CITY AND STATE
PLEASE PUBLISH ADVERTISING OF (Advertiser) =
NAT'L COMMITTEE TO DEFEND
MARTIN LUTHER KING, JR.
SPACE 2400 Lines TIMES 1
DATES OF INSERTION Tuesday, March 29
this is substitute order for copy originally scheduled a
for March 28 and cancelled through Don Shakskaft*
* Lines in ink are drawn through these two lines and the wo
“Killed” written through them.
Less Cash Discount ..
Position
Copy You Have Key a as
Additional Instractions :
Rate” $208
Toes Gene Commission Ts per eent om gross ——
ssion 15 per cent on gross
Per Cent on Net _
PER
NEW YORK CITy
UNION ADVERT
M. Smith
1983
SING SERVICE
¥86L
483 eysoddg seg
Wert othe Mine fone savetiaing te .
called “Agemey"s and pucker reompting thle <ontraet
itaher!") beneby aves woes th vontrens sual begorsened by
bub
‘witionss
i 3, TERMS OF PAYMENT
3. AD: ERTIS! MATERIAL
ete Pa rnd ace or ees ttn fa. .Che subject stter. form, size, -rding, illustration and nd typography
be given if gerne, according to Publisher's rate card on which
contract is based,
medivin, or supplier bus a direct or indfrect hour
that ita principal owners are active in ita work.
al interest in Heng
q (OVER)
is .
Copyright 1966, American Association of Advertising Agencies,
S86T
“Y2G
_—aSoN TE fe @ ine
a a ee
1986 1987
19! fol. 1480]
{fol. 1431] THE NEW YORK TIMES
TUESDAY, MARCH 29, 1960 1 25
“The growing movement of peaceful mass demonstra-
tions by Negroes is something new in the South, some
thing understandable.......
co Let Congress heed their rising voices for they will be
3 heard.”
2 —New York Times editorial
= Saturday, March 19, 1960
; HEED THEIR RISING VOICES
5 (a) As the whole world knows by now, thousands of Southern
Pay in widespread non-violent
>. nn mation of the right to live
ie ae y the U. S. Constitution
3
peng
*OokS upon as setting the pat-
In Orangeburg, South Carolina. when 400 students peace-
sought to bur doughnuts and coffee at lunch counters
é business district, they were forcibly ejectod. t
soaked to the skin in freezing weather with
ested en masse and herded into an open barbe
de to stand for hours in the bitter cold.
omery, Alabama, after students sang “My
"Tis of Thee” on the State Capitol steps, their
expelied from school, and truckloads of police
th shotguns and tear-gas ringed the Alabama
Campus. When the entire student body pro-
te authorities by refusing to re-register, their
‘was padlocked in an attempt to starve them into
de
ix
Signed.
assee, Atlanta, Nashville, Savannah, Greens-
iphis, Richmond, Charlotte, and a host of other
1988
spired millions and
freedom.
Small wonder that the Southern violators of the Consti-
tation fear this new, non-violent brand of freedom fighter
given a new dignity to the cause of
re defending,
ur own.
Student Workshops
and Seminars in the philosophy and technique of non-violent
Again and again the Southern violators have answered
protests with intimidation and violence. 3
his home almost killing his wife and
Algernon Black
purpose is to remove him Bitetsin
the students and millions
ony Franciosa
orraine Hansbury
- Donald Harrington
at Hentoff
ston Hughes
Tushewitz
Tris
must do more than applaud
|
1989
We must heed their rising voices—yes—but we must add
Dr. Alan Knight Chalmers
Richard Coe
Nat King Cole
Cheryl Crawford
Dorothy Dandridge
Ossie Davis
Sammy Davis, Jr.
Ruby Dee
Dr. Phillip Elliott
Dr. Harry Emerson Fosdick
John Killens
Eartha Kitt
Rabbi Edward Klein
Hope Lange
John Lewis
Viveca Lindfords
Carl Murphy
Don Murray
John Murray
A.J. Muste
1990
[fol. 1434]
Mordecai Johnson Frederick O’Neal
L. Joseph Overton Maureen Stalpleton
Clarence Pickett Frank Silvera.
Shad Poitier George Tabori
A. Philip Randolph Rev. Gardner C. Taylor
John Raitt
Elmer Rice Norman Thomas
Jackie Robinson Kenneth Tynan
Mrs. Eleanor Roosevelt Charles White
Bayard Rustin Shelley Winters
Robert Ryan Max Youngstein
WE IN THE SOUTH WHO ARE STRUGGLING
DAILY FOR DIGNITY AND FREEDOM
WARMLY ENDORSE THIS APPEAL
Rev. Ralph D. Abernathy
Rev. Fres L. Shuttlesworth
Rev. Kelley Miller Smith
Montgomery, Ala.
Birmingham, Ala.
Nashville, Tenn.
Rev. W. A. Dennis Chattanooga, Tenn.
Rey. C. K. Steele Tallahassee, Fla.
Rev. William Holmes Borders Atlanta, Ga.
Rev. Douglas Moore Durham, N. C.
Rev. Wyatt Tee Walker Petersburg, Va.
Rev. Walter L. Hamilton Norfolk, Va.
LS. Levy Columbia, 8. C.
Rev. Martin Luther King, Sr. Atlanta, Ga.
Rey. C. Bunton Memphis, Ala.
Rev. S. S. Seay, Sr. Montgomery, Ala.
Rev. William Holmes Borders Atlanta, Ga.
Rev. Samuel W. Williams Atlanta, Ga.
Rev. Al Davis New Orleans, La.
Mrs. Katie E. Whickham New Orleans, La.
Rev. W. H. Hall Hattisburg, Miss.
Rev. J. H. Lowery
Rev. T. J. Jemison
Mobile, Ala.
Baton Rouge, La.
1991
fol. 1435]
OMMITTEE TO DEFEND MARTIN
LUTE. NG
AND HIS STRUGGLE FOR FREEDOM IN THE SOUT
BY: Thomas Kilgore, Jr., Rabbi Edward E. Rein; Chair.
PLEASE MAIL THIS COUPON TODA Y1
COMMITTEE TO DEFEND
MARTIN LUTHER KING
and
THE STRUGGLE FOR FREEDOM
IN THE SOUTH
312 West 125 Street, New York 27, N. Y.
UNiversity 6-1700
am enclosing my contribution of $.
for the work of the Committee.
DRESS
neces ZONE ........ STATE
--- I want to help Please send further
information
ASE MAKE CHECKS PAYABLE TO:
MMITTEE TO DEFEND
RTIN LUTHER KING
1992
fol. 1436]
: In Cmeovir Court or Montcomery County, ALABAMA
Derenpanv’s Exursrr No. 7
A. Philip Randolph
217 West 125th St.
New York 27, N. Y.
March 23, 1960
Mr. Jerry Aaronson
New York Times
Times Square
New York, New York
Dear Mr. Aaronson:
This will certify that the names included on the en- !
closed list are all signed members of the Committee to
Defend Martin Luther King and the Struggle for Freedom
in the South.
Please be assured that they have all given us permission
to use their names in furthering the work of our Com-
mittee.
Sincerely,
A. Philip Randolph
Chairman
1993
Is Cmourr Courr or Monrcomury County, ALABAMA
Dzrenpant’s Exurerr No. 8
HEED THEIR RISING VOICES
The growing movement of peaceful mass
demonstrations by Negroes is something
new in the South, something understandable.
... Let Congress heed their rising voices,
for they will be heard.
—New York Times editorial
Saturday, March 19, 1960
fol. 1437] As the whole world knows by now, thousands
‘of Southern Negro students are engaged in wi
on-violent demonstrations in positive affirmatio:
ight to live in human dignity as guaranteed by the U.S.
onstitution and the Bill of Rights. In their efforts to
phold these guarantees, they are being met by an un-
ecedented wave of terror by those who would deny and
m of the
when 400 students peace-
coffee at lunch counters
the business district, they were forcibly ejected, tear-
gassed, soaked to the skin in freezing weather with fire
‘oses, arrested en masse and herded into an open barbed-
ire stockade to stand for hours in the bitter cold.
In Montgomery, Alabama, after students sang “My
ounty, "Tis of Thee” on the State Capitol steps, their
ers were expelled from school, and truckloads of police
farmed with shotguns and tear-gas ringed the Alabama
State College Campus. When the entire student body pro-
ted to state authorities by refusing to re-register, their
ning hall was padlocked in an attempt to starve them
ito submission.
/ In Tallahassee, Atlanta, Nashville,
ro, Memphis, Richmond, Charlotte, and a host of other
ities in the South, young American teenagers, in face of
e entire weight of official state apparatus and police
power, have boldly stepped forth as protagonists of de-
Savannah, Greens-
1994 1995
mocracy. Their courage and amazing restraint have in-
spired millions and given a new dignity to the cause of
freedom.
|The America whose good name hangs in the balance before
-® watchful world, the America whose heritage of Liberty
a ese Southern Upholders of the Constitution are defend-
Small wonder that the Southern violators of the Con- : is our America as well as theirs...
stitution fear this new, non-violent brand of freedom fighter ‘We must heed their rising voices—yes—but we must add
.... even as they fear the upswelling right-to-vote move- Four own.
ment. Small wonder that they are determined to destroy We must extend ourselves above and beyond moral sup-
the one man who, more than any other, symbolizes the new | rt and render the material help so urgently needed by
spirit now sweeping the South—The Rev. Martin Luther | those who are taking the risks, facing jail, and even death
King, Jr., world-famous leader of the Montgomery Bus 3 Ein a glorious re-affirmation of our Constitution and its Bill
Protest. For it is his doctrine of non-violence which has 4 Rights.
so inspired and guided the students in their widening wave We urge you to join hands with our fellow Americans
of sit-ins; and it this same Dr. King who founded and is - the South by supporting, with your dollars, this Com-
president of the Southern Christian Leadership Conference ned Appeal for all three needs—the defense of Martin
[fol. 1438] —the organization which is spearheading the uther King—the support of the embattled students—and
surging right-to-vote movement. Under Dr. King’s direction gifol. 1439] the struggle for the right-to-vote.
the Leadership Conference conducts Student Workshops ‘Your help is needed—now!
and Seminars in the philosophy and technique of non-violent 4 :
resistence.
Again and again the Southern violators have answered
Dr. King’s poaccful protests with intimidation and violence. @
They have bombed his home almost killing his wife and
child. They have assaulted his person. They have ar-
rested him seven times—for “speeding,” “loitering” and
similar “offenses.” And now they have charged him with:
“perjury”—a felony under which they could imprison him
for ten years. Obviously, their real purpose is to remov
him physically as the leader to whom the students an
millions of others—look for guidance and support, and!
thereby to intimidate all leaders who may rise in the Sow
Their strategy is to behead this affirmative movement,
thus to demoralize Negro Americans and weaken ¢
will to struggle. The defense of Martin Luther King, Treasurer
spiritual leader of the student sit-in movement, clearly er George B. Ford
therefore, is an integral part of the total struggle for f - <
dom in the South. Harry Emerson Fosdick
Decent-minded Americans cannot help but applaud
ereative daring of the students and the quiet heroism
Dr. King. But this is one of those moments in the storm
history of Freedom when men and women of good Tushewitz |
must do more than applaud the rising-to-glory of oth : Chairman of Labor Division
OMMITTEE TO DEFEND MARTIN LUTHER KING
: AND THE
STRUGGLE FOR FREEDOM IN THE SOUTH
Chairmen of Church Division
1996
Stella Adler
Harry Van Arsdale
Julie Belafonte
Mare Blitzstein
Marlon Brando
Diahann Carroll
Richard Coe
Cheryl Crawford
Ossie Davis
Ruby Dee
Dr. Harry Emerson Fosdick
Lorraine Hansbury
[fol. 1440]
Nat Hentoff
Mary Hinkson
Langston Hughes
Mahalia Jackson
John Killens
Eartha Kitt
Rabbi Edward Klein
Hope Lange
John Lewis
Viveca Lindfors
Carl Murphy
Don Murray
John Murray
A. J. Muste
Frederick O’Neal
Maureen Stapleton
Hope Stevens
Rev. Gardner C. Taylor
Kenneth Tynan
Shelley Winters
Raymond Pace Alexander
Harry Belafonte
Dr. Algernon Black
‘William Branch
Mrs. Ralph Bunche
Dr. Alan Knight Chalmers
Nat King Cole
Dorothy Dandridge
Sammy Davis, Jr.
Dr. Philip Elliott
Anthony Franciosa
Rev. Donald Harrington
James Hicks
Van Heflin
Morris Iushewitaz
Mordecai Johnson
L. Joseph Overton
Clarence Pickett
Shad Polier
Sidney Poitier
A Philip Randolph
Elmer Rice
John Raitt
Jack Robinson
Mrs. Eleanor Roosevelt
Rayard Rustin
Robert Ryan
Frank Silvera
George Tabori
Norman Thomas
Charles White
Max Youngstein
(Additional signers from the South)
1997
We who are struggling daily for dignity and freedom in
p the South, warmly endorse this Appeal.
ev. Ralph D. Abernathy Rev. Walter L. Hamilton
‘Montgomery, Ala.) (Norfolk, Va.)
Rev. Fred L. Shuttlesworth I. 8. Levy
‘Birmingham, Ala.) (Columbia, S. C.)
v. Kelley Miller Smith Rev. Martin Luther King, Sr.
(Nashville, Tenn.) (Atlanta, Ga.)
v. W. A. Dennis Rev. Henry C. Bunton
‘Chattanooga, Tenn.) (Memphis, Tenn.)
ev. C. K. Steele Rev. S. S. Seay, Sr.
‘Tallahassee, Fla.) (Montgomery, Ala.)
fol. 1441]
: -Matthew D.MecCollom Rev. Samuel W. Williams
E (Orangeburg, S. C.) (Atlanta, Ga.)
William Holmes Borders Rev. A. L. Davis
tlanta, Ga.) (New Orleans, La.)
. Douglas Moore Mrs. Katie L. Chickham
ham, N. C.) (New Orleans, La.)
. Wyatt Tee Walker Rev. W. H. Hall
stersburg, Va.) (Hattisburg, Miss.)
Rev. T. J. Jemison
(Baton Rouge, La.)
J. E. Lowery
fobile, Ala.)
1998 ~ 1999
Ty Crecorr Courr of Monrcommry Country, ALapama [fol. 1442]
ix raz Cmeurr Court or Mowtcommry County, ALapama
Derenpayr’s Exurerr No. 9 At Law.
(Sent via Registered mail—receipt requested) Case No. 27416
May 18, 1960
Dear Governor Patterson: L. B. Suuivan, Plaintiff,
In response to your letter of May 9th, we are enclosing Es
herewith a page of today’s New York Times which con- Tue New Yors Tres Company, A Corporation, et als.,
tains the retraction and apology requested, Defendants.
As stated in the retraction, to the extent that anyone
could fairly conclude from the advertisement that any
charge was made against you, The New York Times
apologizes.
Derenpanr’s Exmwirs, Taz New York Trams Company,
A Corporation, Morron ror a New Truan
Faithfully yours,
Before: Hon. Walter B. J ones, Circuit Judge, Presiding,
at the Court House, Montgomery, Alabama, Friday, March
1961.
/s/ Orvil Dryfoos
The Honorable John Patterson
Governor
State of Alabama
Montgomery, Alabama
hd (enclosed page 22 of NYT of 5/16/60)
bee: Mr. Leeb
Mr. Sulzberger’s office
Cmourr Covrr or Mowtcommry County, ALapama
Derenpanr’s Exursir 1
MONTGOMERY ADVERTISER Apr. 16, 1960
HON MOVE TO SUE TIMES FINISHED
[fol. 1441a] Reporter’s and Clerks’ Certificates to
en. MacDonald Gallion said Friday he had com-
going transcript (omitted in printing).
basic research of the law and facts concerning a
age suit against The New York Times.
on said definite recommendations had been drafted
d be presented to the “proper public officials” as
arrangements can be made.
ably one of the public officials is Gov. John Pat-
‘who is scheduled to return to his office Mon ay from
s trip to Puerto Rico.
s that such a suit might be filed began to circulate
after The Times published a full page advertise-
2000
ment which sought funds to defend the Rev. Martin Luther
King, Jr. who is under indictment charged with making
false statements on his income tax returns in Alabama.
Gallion and others have denounced the advertisement as
containing “false and unfounded” charges against public
officials in Alabama.
The Montgomery City Commission last week demanded
that The Times and certain other individuals who endorsed
the appeal publish a retraction of the erroneous material.
The advertisement was signed by a number of prominent
people including Mrs. Franklin D. Roosevelt, Marlon
Brando, Harry Belafonte, Shelley Winters, Robert Ryan,
Van Heflin, Hope Lange and A. Philip Randolph.
In Cmevrr Count or Moxtcomury County, Ananama
Derenpanr’s Exnrerr No. 2
THE MONTGOMERY ADVERTISER APR. 9, 1960
COMMISSIONERS DEMAND RETRACTION
[fol. 1444] Montgomery’s three City Commissioners Fri-
day demanded a retraction by the New York Times for
charges made in an advertisement carried in its March 29
editions.
The City Commission issued this statement:
“Each of the City Oc issioners of Mont, ‘y today,
by registered mail, demanded that The New York Times
and certain other individuals, publish a retraction of the
defamatory material which was published in The New York
Times recently.
“We demanded that a full and fair retraction be pub-
lished in as prominent and public a manner as the false
and defamatory material was published. We await their
retraction.”
Atty. Gen. MacDonald Gallion contends the full page ad
sponsored by the “Committee to Defend Martin Luther
King” contains vicious, unfounded and malicious lies.”
The advertisement invited contributions to help pay legal
expenses for the Rev. Martin Luther King, a Ne. ro Bap-
Rev. Martin Luther King, a Negro Bap.
anta_and leader in the 1955-56 Negro
boycott of city buses here.
ee
King is under indictment on a perjury charge in Mont-
gomery Cireuit Court in connection with his Alabama state
income tax return.
The King committee’s advertisement was signed by a
number of prominent persons including Mrs. Franklin D.
Roosevelt, actor Marlon Brando, singer Harry Belafonte,
actress Shelley Winters and A. Philip Randolph, president
of the Brotherhood of Sleeping Car Porters.
In New York, The Times said it had no comment on the
Commissioners’ demand.
Derenpanr’s Exuisrr No. 3
THE MONTGOMERY ADVERTISER APR. 8, 1960
GALLION WEIGHS LEGAL ACTION AGAINST
‘KING AD’ SPONSORS
BIRMINGHAM (AP)—The Alabama attorney general
said Thursday a New York Times newspaper advertise-
ment which criticized Alabama contains “vicious, unfounded
{fol. 1445] and malicious lies.”
MacDonak allion said he had investigated certain
charges in the advertisement, published earlier this week,
and is considering possible legal action against the ad-
vertisement’s sponsors.
He referred to an ad sponsored by the “Committee to
Defend Martin Luther King and the Struggle for Freedom
in the South.”
Gallion attending a meeting of Southern Securities Ad-
ministrators in Birmingham, said in a statement that he
intends to make recommendations to Gov. John Patterson
after the investigation is complete.
“We are sick and tired of warped and slanted attacks on
Alabama and the South and it is particularly reprehensible
to be the subject of this lie attack,” Gallion said.
The attorney general said “charges in the advertisement
that the dining room at Alabama State College was pad-
locked recently are downright lies that reflect on the in-
tegrity of the people of this state as a whole.”
iii
2001 K
NI
2002
Gallion said he had investigated these and other charges
contained in the advertisement, and found them
pletely untrue and unfounded.”
Earlier, Secretary of State Bettye Frink said sponsors
of the advertisement should be prosecuted “for falsifying
the State of Alabama with lies .
A spokesman in New York promptly called her state-
ment “contempt for the Constitution.”
Mrs. Frink said the ad contained lies and misleading
statements.
The committee was organized to raise funds to help King
fight a perjury charge in Alabama. The Negro Baptist
minister is charged with turning in false Alabama state
income tax returns.
Mrs. Frink, who is running for a delegate to the Demo-
cratic National Convention, said circulation of the news-
paper through the mail constitutes “using the mails to de-
fraud inasmuch as the ad contains misleading statements.”
[fol. 1446] “Hach person whose name appears on the ad-
vertisement should have a warrant issued for them,” the
seerctary of state said, “and if they ever come to Alabama,
they should be arrested and prosecuted . .
She said she would willingly sign the ‘warrants herself
as a complaining party, but that she has not determined
specifically what charge could be filed in Alabama.
The Montgomery Advertiser, in an editorial Thursday
ealled the newspaper ad “Lies, Lies, Lies.” It mentioned
particularly a portion of the advertisement which said the
dining room at Alabama State College was padlocked re-
cently “in an attempt to starve” Negro students into sub-
mission during anti-segregation demonstrations.)
College officials said the dining room was “never pad-
locked.”
In New York, Bayard Rustin, executive director of the
King committee said:
“The State of Alabama, which has defiled the U. S. Con-
stitution and the U. 8. Supreme Court in denying civil
rights to Negroes, now extends its contempt for the con-
stitution in attempting to deny freedom of speech and
public association by threatening the arrest and prosecu-
2003
tion of distinguished American citizens whose truthful
criticism is more
He said, “Let Alabama adhere to the law of the land
and it will cease to be humiliated.”
The advertisement’s signers included Mrs. Franklin D.
Roosevelt, Actor Marlon Brando, Singer Harry Belafonte,
actress Shelley Winters and A. Philip Randolph, president
of the Brotherhood of Sleeping Car Porters.
[fol. 1447]
In Cmeourr Court or Mowrcommry County, ALABAMA
Derenpant’s Exursrr No. 4
THE MONTGOMERY ADVERTISER
COMMISSIONERS SUE NEWSPAPER
By Arthur Osgoode
Montgomery’s three City Commissioners are each suing
the New York Times for a half a million dollars, charg-
ing they were defamed in an advertisement that solicited
money to defend the Rev. Martin Luther King in his trial
for perjury.
Also named as defendants in the suit, filed Tuesday
afternoon in Circuit Court, are Ralph D. Abernathy, Fred
L. Shuttlesworth, 8. S. Seay, Sr., and J. E. Lowery.
Abernathy and Seay are Montgomery Negro ministers
who were active with King in activities of the Montgomer:
Improvement Assn. Shuttlesworth is a Birmingham min
er also active in integration movements and Lowery is a
Negro minister and integration leader in Mobile.
Mayor Earl James and Commissioners Frank Parks and
L. B. Sullivan charge in the libel action that false state-
ments made in the advertisement reflected on them per-
sonally and on their performance of their official duties.
The portions of The Times advertisement they say de-
fame their reputations are as follows:
“In Montgomery, Alabama, after students sang ‘My
Country, "Tis of Thee’ on the Capitol steps, their leaders
were expelled from school, and truckloads of police armed
with shotguns and tear gas ringed the Alabama State
Apr. 20, 1960
at
2004 2005
It further charges that the plaintiff “has suffered dam-
age and embarrassment to his character and reputation,
personally and as a public official of the City of Mont-
gomery; that he has been injured and damaged in the
lawful pursuit of his office, profession, trade, or business,
as a proximate result of the aforesaid false and defamatory
publication by the defendants; and the plaintiff hence claims
punitive damages...”
Suits were filed individually on behalf of Parks, James
and Sullivan.
[fol. 1449] The suit held that since The New York Times
is published out of the State and not qualified under State
laws as doing business in the State, it is deemed to have
appointed the Secretary of State of Alabama as its lawful
attorney upon whom process may be served.
The law firms of Scott, Whitesell, and Scott, and Steiner
Crum and Baker are representing the city officials.
The New York Times is represented by the New York
Law firm of Lord, Day and Lord, according to Whitesell.
The Present U.S. Attorney General, William P. Rogers,
was a member of the firm. le former attorney general,
erbert Brownell, is a member of the law firm.
Once before Montgomery Commissioners have sued a
publication for libel. In the previous city administration,
Mayor W. A. Gayle and Commissioners Clyde Sellers and
Frank Parks sued Ken Magazine for $750,000 over an
article, “Kimono Girls Check In Again,” which pictured the
city as wide open to prostitution, gambling and narcoties,
After two days of testimony in U. S. District Court here
the suit was settled out of court in November 1957 for
$15,000 and a public apology. Like the suits filed against
= the New York Times, the Ken complaints were filed by
the commissioners as individuals. ,
campus. When the entire student body protested to state
authorities by refusing to re-register, their dining room
was padlocked in an attempt to starve them into sub-
mission...
“Again and again the Southern violators were have an-
swered Dr. King’s peaceful protests with intimidation and
violence. They have bombed his home, almost killing his
wife and child. They have assaulted his person. They have
arrested him several times—for ‘speeding’, ‘loitering’ and
similar ‘offenses.’ And now they have charged him with
‘perjury-—a felony under which they could imprison him
for 10 years.”
{fol. 1448] The advertisement also alludes to incidents in
a number of other Southern cities, and maintains that the
perjury action against King is designed to put him out of
action as a leader of integrationist forces.
It is signed by a number of well known entertainment
figures, including Marlon Brando, Shelley Winters, Eartha
Kitt, Harry Belafonte, and Anthony Franciosa. Other
signers include Mrs. Franklin D. Roosevelt, Norman
Thomas and Dr. Harry Emerson Fosdick.”
It was paid for by the “Committee to Defend Martin
Luther King and the Struggle for Freedom in the South.”
King has been charged with perjury in connection with
the filing of state income tax returns. His trial is scheduled
to come up here next month.
In the suit filed here Tuesday, the City Commissioners
charge that the defendants “falsely and maliciously pub-
lished in the state of New York, and in the City of Mont-
gomery, and throughout the State of Alabama, of and con-
cerning the plaintiff, in a publication entitled The New
York Times, in the issue of March 29, 1960, on Page 25,
in an advertisement entitled “Heed Their Rising Voices,
false and defamatory matter of charges reflecting upon the
conduct of the plaintiff as a member of the Board of Com-
missioners of the City of Montgomery, Ala., and imputing
improper conduct to him, and subjecting him to publie
contempt, ridicule, and shame, and prejudicing the plaintiff
/ in his office, profession, trade, or business, with an intent
to defame the plaintiff...”
2006
In Crecurr Cournr or Moytcomery County, ALaBama
Dzrenpant’s Exurrr No. 5
THE MONTGOMERY ADVERTISER Apr. 28, 1960
PATTERSON PLANS N. Y. TIMES SUIT
Gov. John Patterson announced Wednesday he intends
to sue the New York Times and four Alabama Negro in-
tegration leaders for a “substantial sum” in damages in-
flicted against him personally by an advertisement appear-
ing in the newspaper March 29.
In a press conference summoned for the announcement,
Patterson said he had retained Public Service _Commis-
sioner Ralph Smith, an attorney, to represent him in the
case.
[fol. 1450] “I have made a considerable study of the ad-
vertisement in the New York Times and have come to the
conclusion the ad was false and malicious and constitutes
a defamation of the citizens of Alabama and particularly
of the State officials,” he said. “I have decided to sue the
four Negro rabble-rousers who live in Alabama along with
the New York Times.”
The Alabama Negro integration leaders he referred to
are the Revs. Ralph Abernathy and §. 8S. Seay, Sr. of
Montgomery, the Rev. F. L. Shuttlesworth of Birmingham
and the Rev. J. J. Lowery of Mobile.
The advertisement sought funds for the defense of Dr.
Martin Luther King, Jr., Negro integration leader who was
indicted here for perjury concerning his state income tax
returns.
Patterson said he had not yet decided how much he would
seek in damages, but added that he understood the New
York Times “is a rich paper and they ought to be able to
ay.”
P “Tt will be a substantial sum,” he said.
The advertisement, also signed by a long list of prominent
persons, had already resulted in $1.5 million damages suits
against the paper and the same four Negroes by the Mont-
gomery City Commission.
Patterson said his suit would be filed for personal dam-
ages to his reputation and as such would be financed by
2007
himself rather than by state funds. He said he did not
feel the state as such has a cause for action.
While the suit stems directly from the advertisement,
Patterson said a recent series of articles written by Times
staffer Harrison Salisbury on the racial situation in Bir-
mingham would be used in the case to show malice.
“Those articles were very vicious and untrue,” he said.
Patterson said no work on the ease would begin until
after the Tuesday election, since Smith is currently a
candidate in that election for a state at largé seat at the
Demoerahe National Convention.
ie governor said he felt the case should be filed in state
court, adding that he felt he had a “good case.”
[fol. 1451] When asked if he thought The Times would
be willing to stand trial in State Court, Patterson replied:
“T would suppose they would submit themselves in all
fairness to the jurisdiction of our courts.”
Patterson said he had been particularly upset by one
statement in the advertisement which said state officials
had padlocked the cafeteria at Alabama State College in
an cffort to starve the demonstrating negroes into sub-
mission.
“This was an absolute lie and I think the New York
Times knows that was a lie,” he said.
Patterson’s action came after Atty. Gen. MacDonald
Gallion made a study of the case and recommended that
a suit be filed. Gallion had suggested that the members of
the Board of Education, which includes Patterson, file the
suit.
Ty Crrourr Court or Montcomzry Counry, ALapama
Devenpant’s Exurerr No. 6
THE MONTGOMERY ADVERTISER April 19, 1960
GALLION LIBEL SUIT DECISION READY TODAY
Atty. Gen. MacDonald Gallion will tell the Alabama Ed-
- neation Authority Tuesday whether he thinks the State
should file a libel suit against the New York Times, as a
2008
result of an advertisement published in that newspaper two
weeks ago. ;
Ed Strickland, Gallion’s executive secretary, said Mon-
day the attorney general had decided to make a report
of his findings to the authority since most of the state
officials connected with the proposed suit are members of
that group.
The authority includes State School Supt. Frank R.
Stewart, Finance Director Charles Meriwether as well as
Gallion. ;
Gov. John Patterson is not a member of the authority but
is expected to attend the meeting.
[fol. 1452] Gallion announced last week-end he had com-
pleted research into the proposed case, stemming from the
advertisement which sought funds for the defense of Negro
intergration leader Martin Luther King.
Indication at the Capitol Monday was that Gallion would
recommend that a suit be filed by the State Board of Edu-
cation against the newspaper.
In Cracurr Court or Montcommry County, Anapama
Derenpanr’s Exursit No. 7
April 15, 1960
THE MONTGOMERY ADVERTISER
‘THE BIG LIE’ EDITOR—WONDERS WHERE
THE NEW YORK TIMES GOT ITS NEWS
By E. L. Holland, Jr.
——__—_
Editorial Page Editor The Birmingham News
PRINCETON, N.J. You go North to Princton, storied,
ivied manse of the intellect, a community, you are told
largely Southern in some ancestry. But what hits you in
the face is The New York Times, of Tuesday, April 12, the
day of arrival.
It is a gory mess, journalism. You have come North from
the South, riding high and glorious in a winged silver bird
PR 2009
aboard which they shove champagne at you before you
attack filet mignon. The sky is clear; the clouds are slight;
the sun shines, all’s right with the world.
You pay off this fellow and that on the trip from Newark
to Princeton (the railway porter will tote your bags at 35
cents per), and you must take two trains to make the 30-odd
miles. There, at the place where Scott Fitzgerald whiled
away his time before becoming the novelist Hemingway
pouted at most, you find all the brown ivy intact, the kids
walking around in snow white tennis shoes and looking as
if knowledge was whipped cream.
You passed acres of dingy two-story houses, factories,
overhead wires of one electrical sort or another; you have
seen grime and wondered why somebody didn’t do some-
thing about it.
[fol. 1453] But this impression disappears on Princeton
campus where all is orderly and neat and clean and wind-
swept.
Still, you run into that New York Times story on page
one of the historic journal in which Harrison E. Salisbury
reports, the headline says that “Fear and Hatred Grip
Birmingham.”
You have just come from Birmingham and you do not
know what Salisbury has in mind. You read his story and
you still do not know.
STILL NOT HOME
Salisbury is a famous newsman, an ex-Moscow reporter
‘for The Times. You have a feeling that he hasn’t quite got
home.
He notes that whites and blacks walk the same Birming-
ham streets, but that those streets, the water supply, and
the sewer system are about all that the two races share.
You read that every channel of communication, every bit
of “middle ground” has been “fragmented,” and that this is
reinforced “by the whip, the razor, the gun, the bomb, the
torch, the club, the knife, the mob, the police and many
branches of the state’s apparatus.”
Telephones are tapped, Salisbury “reports,” and white
and blacks don’t talk “freely.” Watchmen, Salisbury says,
2010 2011
guard Negro establishments. Federally handled mail is
stymied and sometimes “it does not reach its destination.”
The eavesdropper, the informer, the spy “have become a
fact of life.”
Salisbury says some Negroes have nicknamed Birming-
ham the Johannesburg of America.”
The business goes on. Businessman, says Salisbury, told
him to watch how he reported. “Lives are at stake.”
He fetches back to recall Roy Cohen and Florian Slappey
stories, this to snipe and wickedly. He takes note of the
Birmingham-Southern College situation, regarding stu- +
dents and the Negro problem, and he gives young student
Reeves, a marty’s halo. He cites a pair of Negro preachers 4
picked up and the image Yankeeland gets is one of utter
horror.
[fol. 1454] WHENCE THE NEWS?
This report from Jersey need go no further at this point.
What this writer wants to ask of Salisbury is: Whom did
you talk with? What Negroes and whites gave you this §
garish picture of a peaceable Southern community?
The reason for this prompt response, be it noted, is that
on Princeton arrival we were told that among faculty
members, this page one New York Times story was a. hot
topic of gossip.
This comes most inappropriately, when a conference of |
——} / Southerners and others is beginning at this fine old school,
discussing industrialization in the South.
Tt comes but a handful of days after the elected officials
of Alabama raised the questions about distorted charge in @
an advertisement in The New York Times—an ad spon-
sored by those who would defend the Rev. Martin Luther
King against an accusation that he had committed perjury &
in connection with income tax returns. Salisbury may have pare
made this trip. He may have talked with various Birming- ae peed, mais i ereapleg ant opened, oe where “the
ham people. We say this though, and flatly: ‘ef life.” 2 : ‘py have become a fact
Other Northern newsmen have come South_in this racial
hegira. Virtually all have checked in with local newsmen
© discover the sources of information.
These invariably, have been offered. We have not seen x, . ”
} Salisbury. If he was in Birmingham, he worked quite Flew York Times
\ secretly.
Certainly he knew what he was out to get. He got it—
or had it before he began writing. get. He got i
MOSCOW BOUND
Here we stand at Princeton, ready with others to talk
Southern community, perplexed as are many, with racial
= problems, as a city shot through with fear.
That headline says worlds: “Fear and Hatred Grip
Birmingham.”
This is the big lie. Perhaps the biggest of all. Salis!
has done his damage. Radio Moscow please copy. al
brothers and sisters, have no doubt they will. ;
[fol. 1455]
iy Cmovir Counr or Mowrcomery Country, Anasana
Dzrenpant’s Exutsir No. 8
| THE MONTGOMERY ADVERTISER APR. 16, 1960
COMMISSIONERS TO FILE DAMAGE SUITS
AGAINST NEW YORK TIMES
FOR ARTICLES
BIRMINGHAM, (AP)—Birmingham’s three City Commis-
_ Sioners said Friday they will file suits against The New
a Times for articles critical of the city.
‘irmin, sham Police Commissioner Eugene Connor labeled
: the articles which appeared in the April 8-9 editions of the
Times as “cheap attempts to smear our city and state.”
7 The articles depicted Birmingham as a city filled with
‘emotional dynamite of racism.”
: o-part story under the byline of Harrison E. Salis-
bury, portrayed Birmingham as a city where telephones
hy
aye
2012 2013
Morgan said “The cost will be borne by us as individ : vir Courr or Monrcomeny County, Anapama
The other city commissioner is Street Commission 2 :
Waggoner.
The commissioners said they have been advised thai
possibly may recover punitive di because
elected to uphold Birmingham laws which the artic
timated had not been enforced.
“We think the stories were so unfair and untrue
many respects that they were a reflection against p
of Birmingham, both white and black,” Morgan said.
“I’m sure they are resented by both races,” he said.
Morgan said no figure has been set as to damages
sought, but it was agreed that if the ease is lost, the @
commissioners will pay court costs.
{fol. 1456] It was agreed that the suit would be fik
state court in Alabama on the basis that the newspape:
who wrote the articles questioned visited Birminghanil
The attorneys said the first Steps in the suit will bag
demand apologies and retractions regarding the state
they claim are untrue, and then further action
taken.”
Connor said “it appears that the mighty Times is
ing again to gain circulation among those who seek
tionalism at our expense and believe what they
believe.”
Both the morning Birmingham Post-Herald a
evening Birmingham News published the Salisbury s!
in full. The News published them on the front page,
Post-Herald said editcrially :
“If the New York Times were out deliberately to
mote race friction and to brain-wash its readers in
belief that hate and fear and lawlessness are ram}
the South it could not have done better than prin
story.”
The News said the Times stories set “‘a new standa
the anti-South propagandists.”
Derenpant’s Exuisrr No. 9
NTGOMERY ADVERTISER April 17, 1960
OLITIONIST HELLMOUTHS
emmonwealth of Alabama with its three million
s been painfully and savagely injured by The
Times.
inflation of grievance to say that The New York \
misleading the United States and much of the iH vo
world.
mes is read more widely and by more influential
any other newspaper in the world. Not only
imes heard by the leadership of the civilized world,
many American newspapers in syndicate fashion
the New York Times News Service.
One of the newspapers The Times has misled
euisville Courier-Journal. The Courier-Journal
he Times report on race strife by Harrison Salis-
the frenzied wasps of its afternoon editorial
e Louisville Times, swallowed it and denounced
in terms of South Africa—a shockingly superficial
urious comparison.
lespair is it observed that any list of America’s
highly regarded newspapers would have a standard
of The Times and The Courier-Journal.
papers are owned and guided by dedicated, high-
ntlemen. The managing editor of The Times is
atledge; he is a Mississippian, a fine person and
will be elected president of the American Society
aper Editors.
on Salisbury, the novelist who wrote this series on
genteel and rather remotely concerned about race
Bingham, editor and owner of The Courier-
is a man so conscientious that in Asheville once
2014
the editor saw him scurry back to put a nickel in the park-
ing meter with only three minutes till 6 o’clock. He is as
high-minded a man in the field of journalism as there is.
‘he executive editor of the two Louisville papers is a
distinguished Georgian, Jim Pope, who will retire in
Panama City Beach and who has orthodox Southern views.
The editorial writers employed by Bingham are brilliant
but scandalously doctrinaire and dogmatic concerning any-
thing stenciled “liberal”. Yet some have Deep South back-
grounds and know the truth.
So to say, it is not the systematic abolitionist ragpickers
such as the New York Post or Time, the Goebbels memorial
newsmagazine, that have inflicted this painful injury. It
is the elite of the newspapers in a stage of dereliction and
emotionalism that have done so.
The Advertiser has received no response to its challenge
to The Times and members of the committee that signed
the lying full-page advertisement about Montgomery. It
seems incredible that men of honor could be challenged
[fol. 1458] by a famous Southern newspaper to check the
facts and ignore that challenge.
The only response was indirect. A Times editor asked
The Times Montgomery correspondent to check the facts.
The report went back in the direct quotes of a Negro college
president. It made the advertisement out a greater lie than
had The Advertiser editorial.
The Salisbury series on Birmingham naturally went to
the outrageous extreme of equating the city with Hitler’s
Germany.
Birmingham is raw, like any industrial metropolis, and
is likewise given to violence; but it is simply untruthful to
equate it with Hitler.
Salisbury ignorantly pokes at the independent slate of
presidential elector candidates as though it were a stealthy
putsch or an attempted Reichstag fire, when as a matter of
fact it is a constitutional exercise sanctioned by the Su-
preme Court. It employs the same election process by
which George Washington, Thomas Jefferson and other of
our early Presidents were elected.
The explanation here seems to be, considering Salisbury’s
character and decency, that he won his great distinctions
2015
as The Times Moscow correspondent. All of his thinking,
we noticed in our debate, is geared to this major experience
in his career. It dominates his thinking. He approached
Birmingham as though it were Moscow revisited.
The country has recently seen other Times reporters go
sour. A widely publicized case was that of Herbert Mat-
Castro and his Cuba.
In Circurr Court or Mowtcomury County, ALABAMA
Derenpant’s Exursir No. 10
THE MONTGOMERY ADVERTISER
APRIL 21, 1960
STATE BOARD TOLD TO FILE ‘TIMES’ SUIT
BY Bob Ingram
Atty. Gen. MacDonald Gallion recommended Wednesday
that members of the State Board of Education file a multi-
[fol. 1459] million dollar suit against the New York Times.
He made his recommendation to Gov. John Patterson at
=a closed door conference shortly after noon. Patterson
= made no immediate comment on the matter.
Gallion’s report stemmed from a detailed investigation
of an advertisement published in The Times March 29 seek-
= ing funds for the legal defense of Negro integration leader
Martin Luther King, Jr. King formerly of Montgomery,
faces trial here next month on charges of falsifying state
income tax returns.
‘CONCLUSIONS DEFINITE’
“We have confirmed as a fact that many of the statements
in the advertisement) were complete lies,” Gallion said.
“Among them the untruthful and libelous statement, for
xample, that state authorities padlocked the dining hall
f the Negro Alabama State College in an attempt to starve
_ the Negro students into submission. This and other vicious
charges certainly defame Alabama.
thews, who became the lionized stooge and apologist for
2016
The only practical method to publicly expose this widely
published matter, or, at least, the most effective method in
my opinion is before the bar of justice,” Gallion continued.
“My conclusions and recommendations were definite. File
a multi-million dollar lawsuit.”
The advertisement has already prompted a $1.5 million
suit against the Times by the Montgomery City Commis-
sion.
The local city commissioners filed their suit Tuesday
against the newspaper and four Negro integration leaders
from Alabama who signed the ad—the Rev. F. L. Shuttles-
worth, Birmingham; the Rev. J. E. Lowery, Mobile; and
the Revs. Ralph D. Abernathy and S. S. Seay, Sr. of Mont-
gomery.
The advertisement was also signed by a number of promi-
nent persons including Mrs. Eleanor Roosevelt, Dr. Harry
Emerson Fosdick, Marlon Brando, Shelley Winters, Eartha
Kitt and Harry Belafonte.
Gallion is recommending the suit by the individual mem-
bers of the State Board of Education, said the State of
Albani as such does not have cause for action.
irmingham, meanwhile, city commissioners Wednes-
[fol 1460] day demanded an apology from the New York
Times and threatened legal action if they don’t get satis-
faction.
The commissioners, after announcing their demand for a
retraction, instructed attorneys to prepare a suit if the
demand isn’t met.
Contents of the written demand for an apology were not
made public.
BESSEMER FILES
At nearby B » city e by-passed a de-
mand for an apology ‘and directed City Atty. J. Howard
McEniry to file suit.
Neither Birmingham nor Bessemer officials listed an
amount they would ask in their proposed suits.
The action grew out of stories published last week in the
Times. The stories, written by Harris Salisbury, were
critical of race relations in that area.
2017
Birmingham officials contended the articles gave a dis-
torted picture of race relations and contained false state-
ments about treatment of Negroes.
Mayor Jess Lanier of Bessemer said:
“The article has put us in a bad light throughout the
country. It leads people to believe that the public officials
here have no regard for the law. That is untrue.”
In Cmcurr Court or Monrcomery County, Auasama
Derenpant’s Exeusrr No. 11
THE MONTGOMERY ADVERTISER May 21, 1960
TIMES ASKS COURT QUASH DAMAGE SUIT
The New York Times, sued by Montgomery city com-
missioners who say they were defamed in an advertisement,
moved to quash the suit against them in Cireuit Court here
The New York newspaper was charged by
Mayor Earl James, Commissioners Frank Parks and L. B.
Suilivan, with injuring their reputations as public officials
f in an ad that called for funds with which to defend the
# Rev. Martin Luther King.
King is to go on trial here Wednesday on charges of
filing false state income tax returns.
The ad, which the commissioners contend was libelous,
pictured Montgomery Negroes as subjected to police har-
assment when they attempted peaceful demonstrations.
McKEE AS AGENT
Representing the New York newspaper is the Birming-
ham firm of Beddow, Embry, and Beddow. The senior
member Roderick Beddow, is one of Alabama’s best known
F criminal lawyers.
The motion to quash the suit argued that the Times does
not do business in Alabama and therefore cannot be sued
E in state courts.
}
“a
¢
v
2018 2019 x
The newspaper’s statement, issued by Managing Hditor
Tuner Catledge, was published in reply to letters from
three city officials in Birmingham.
The identical letters demanded that the newspaper “pub-
licly retract as a whole” two articles written by Harrison
E. Salisbury, a Times reporter. The stories appeared in
the April 12 and April 13 editions of The Times.
The Times also published Tuesday the text of the letters
from the three Birmingham officials. The letters were
signed by Mayor James W. Morgan; Eugene Conner,
Commissioner of public safety, and J. T. ‘Wagoner, com-
missioner of public improvements.
The three complained that the Times stories falsely in-
ferred that they had encouraged or condoned racial hatred
or religious intolerance.
religious intolerance
Besides arguing that it is a foreign corporation, the New
York paper held that Don McKee, state editor of The Ad-
vertiser, is not its agentin Alabama. = =
“McKee has provided the Times with news stories on a
correspondent basis. He was served with copies of the
complaints as agent for the New York Times.
Two Negro ministers also named as defendants, Fred L.
Shuttlesworth of Birmingham and Solomon Seay of Mont-
gomery, filed demurrers to the suit Friday.
APPEARED IN APPEAL
Both denied that the complaint showed that they were
responsible in any way for the alleged libel.
Two other Alabama Negro ministers, the Rev. Ralph
Abernathy of Montgomery and the Rev. J. E. Lowery of
Mobile, are also co-defendants in the case. The names of
all four appeared in the King appeal.
The suit was filed over statements in the advertisement
asking contributions for King that referred to racial inci-
dents in Montgomery.
[fol. 1462] Specifically referred to were portions of the
advertisement that said that the all-Negro lunchroom at
Alabama State College was “padlocked in an attempt to
starve” students into submission after they protested ex-
pulsion of student demonstration leaders.
— ms
[fol. 1463]
In Crcurr Court or Montcomery Couwry, ALapama
Derenpant’s Exursrt No. 13
THE MONTGOMERY ADVERTISER
APRIL 29, 1960
_ GALLION LAUDS SUIT PLANNED AGAINST PAPER
The South must begin to fight back against “northern
whipping bosses,” Atty. Gen. MacDonald Gallion said
Thursday in support of planned libel action against the
= New York Times.
“We in Alabama and the South must begin to fight back
in matters wherein we are so unfairly attacked,” he said,
“and let the northern whipping bosses know we are not 5
taking their abuses lying down.”
= Gallion said he was pleased that Gov. John Patterson
has announced a libel suit against the Times and four
signers of an advertisement carried in behalf of the Rev.
Martin Luther King, Jr.
= The full page advertisement published in the March 29
edition of the Times solicited contributions to pay the legal
Ty Circorr Court or Mowtaomery County, Anapama
Derenpant’s Exursrr No. 12
THE MONTGOMERY ADVERTISER
APRIL 27, 1960
TIMES STUDIES CORRECTION OF 2 STORIES
NEW YORK (AP)—The New York Times said Tuesday |
it would publish “an appropriate correction” if any in-
correct or inaccurate statements were made in two stories
published by the newspaper earlier this month on race
relations in Birmingham, Ala.
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2020
expenses of the Negro integration leader who has been
indicted for filing false returns of his Alabama state income
tax.
Patterson announced Wednesday that he would file a libel
suit in state court asking a substantial amount of damages
against the New York Times newspaper because “I felt
personally defamed” by the advertisement.
The ad was critical of the handling of racial affairs by
public officials in Alabama.
Gallion said his office studied the laws and facts for
possible libel action over the advertisement and added,
“J believe the best interest of the people of Alabama will
be served by such a suit.”
Montgomery’s Mayor Earl James and the other two city
commissioners, L. B. Sullivan and Frank Parks, have al-
ready filed $500,000 libel suits each against the New York
Times because of the ad.
[fol. 1464]
In Crrourr Court or Montcommry County, ALABAMA
Derenpant’s Exuiprr No. 14
‘HE MONTGOMERY ADVERTISER MAY 1, 1960
THE MISSING IF MEN CHOKED
If men choked on utterances of whining absurdity, Aubrey @
Williams would be here no longer among the living. And Lt.
Gov. Albert Boutwell would be sworn in as governor.
Williams, an amiable and winsome handkerchief twister,
has written an editorial in his Southern Farm & Home.
“There is something very frightening about the New York
Times being sued by the Birmingham city commissioners.
What this action amounts to when you come right down to
it, is that any newspaper or magazine will risk being sued
if they print anything uncomplimentary about a city. .
Any (Southern) jury which hears such a ease will very
likely hand down a verdict of heavy damages against the
newspaper.”
2021
Williams is thus saying that Southerners make dis-
honest and incompetent jurors.
Williams is next to ecstatic over enactment of the new
"US. civil rights law which makes federal judges conquista-
dores who can act against the state itself.
Williams is not disturbed that district judges have to
act in obedience to dispensations of the political adven-
turers in Congress and the kangaroos of the Supreme Court.
Williams, instead, is agonizing because The New York
Times has printed misrepresentations of conditions in
irmingham and may have cost the city a great deal and
‘because The Times has printed demonstrable lies about the
‘City of Montgomery and now is being called to the bar
‘of justice.
_ Actually The Advertiser does not account Birmingham’s
ease against The Times as strong as that of Montgomery’s.
‘But The Times can appeal if convicted. And if the suit
proves frivolous it is our guardhouse lawyer assumption
Ahat The Times could then take action against the Birming-
m commissioners for malicious prosecution.
Tfol. 1465] Finally, what mocks Williams’ tears for The
mes is that his editorial i in his quarterly was apparently
written some days ago and since that time, The Times it-
‘self has commended to concede that its reporting was mis-
ding. It is conceding even more in offering Birmingham
‘an opportunity to correct the slander in the news columns
of The Times.
=. Thus while The Times is informally pleading guilty,
Williams is saying that the suit“against it is evil!
— But even so powerful an engine of absurdity as Williams
: does not have the track to himself as long as Gov. Patter-
Patterson has emitted a crude and silly censure of the
Alabama Journal for bringing to the attention of the peo-
ple of Alabama that Highway Director Sam Engelhardt
may be legally disqualified to serve as director.
2022
In Crmcurr Court or Monraomery County, ALABAMA
Derenvant’s Exursrr No. 15
THE MONTGOMERY ADVERTISER MAY 12, 1960
$5 MILLION SUIT STARTED BY GOVERNOR
Gov. John Patterson revealed Wednesday he had initiated
a $5 million damage suit against the New York Times and
four Negro integration leaders from Alabama, the cases
resulting from an advertisement published in the paper
March 29.
Patterson said he was seeking $1 million in damages
from each of the five defendants. He had not previously ©
announced the amount he would seek.
The governor said letters had been mailed Tuesday to
the Times and the Negro ministers—the Revs. Ralph D.
Abernathy and Solomon 8. Seay, Sr. of Montgomery, F. L.
Shuttlesworth of Birmingham and J. M. Lowery of Mobile.
{fol. 1466] ‘The letters, all identical, contained a demand
from Patterson that a retraction be made of “certain false
and defamatory matter” carried in the advertisement.
He eited particularly the charge in the advertisement
that state authorities padlocked the dining hall at Ala-
bama State College for Negroes in an attempt to starve
the protesting students into submission.
Patterson said in the letter that the advertisement
charged him with “grave misconduct and improper actions
and omissions as governor of Alabama and ex-officio chair-
man of the State Board of Education of Alabama.”
“T further demand that you publish in as prominent and
as public a manner—a full and fair retraction of the entire
false and defamatory matter,” Patterson’s letter concluded.
In discussing the litigation, Patterson said he had re-
ceived letters from people “all over the country” criticiz-
ing him for “padlocking the lunchroom.”
“Nothing could be further from the truth than to accuse
me of that,” Patterson declared.
The full page ad, which sought funds to provide legal
defense for integration leader Martin Luther King, Jr.
previously had resulted in suits totaling $1.5 million filed
against the Times by Montgomery City Commissioners.
In Omourr Court or Montcomery County, ALABAMA
Derenpant’s Exuert No. 16
THE MONTGOMERY ADVERTISER MAY 4, 1960
BIRMINGHAM STATEMENTS PUBLISHED IN THE
TIMES
_ NEW YORK (AP)—The New York Times Tuesday
published a joint statement from two business-civic groups
. of Birmingham, Ala., expressing criticism of articles car-
. tied previously by the newspaper on racial tension in the
South.
[fol. 1467] The statements had been invited by The Times
and, like the earlier articles written by Harrison Salisbury, (
New York Times reporter, were published on Page One.
The joint statement came from the Birmingham Chamber
The joint statement, printed in its entirety by The Times,
as signed by Mortimer H. Jordan, president of the
irmingham Chamber of Commerce, and William P. Engel,
ehairman of Birmingham’s Committee of 100.
in the same edition Tuesday, The Times published an
additional statement from Turner Catledge, managing
editor of The Times.
The Jordan-Engel statement said in part:
“The (Harrison Salisbury) stories presented to the read-
_ ers of The Times as factual and purported presumably to
. give a fair appraisal of Birmingham, were in fact biased,
warped and misleading. The ‘facts’ as adduced by Mr.
Salisbury to support his attack were in most cases either
outright misstatements or, which is worse, half truths.
“The people of Birmingham shocked by a pointless at-
tack particularly in a newspaper of the prestige and stature
f The Times, deeply and sincerely deplore the false image
given to them.
2024
“Birmingham’s complaint is based principally on a
sincere belief that your reporter, who was in the city less
than 48 hours, apparently seeking sensationalism, used a a
few obvious cases involving violence and thereby presented
a biased, unbalanced image of this thriving deep South
metropolis. ...
“We do deny vigorously that the image presented by
Mr. Salisbury is true, because it distorts and telescopes
instances covering many prior years in an effort to provide
a picture of the moment—a picture that is not true, even
reasonably true....
“Birmingham people do not see themselves in the image
Mr. Salisbury has drawn of them. We have a community
where people, regardless of race, creed or color, live a good -#
life. Certainly we have extremists—but what city does not
have? Yes, we have isolated cases of violence—but what
{fol. 1468] city does not have such? Why do The New
York Times articles generalize on the actions of a few?
This cannot be the true story of any city—be it Birmingham
or New York.
“Negro citizens in Birmingham have moved forward
rapidly and steadily. Negro citizens have access to better
than average educational, recreational and housing facil-
ities...
“Birmingham schools for Negroes have progressed with
the growing economic ability of the community. Since
1942, salaries for Negro and white teachers are on equal
basis...
“Birmingham can point with pride to the opportunities
for advancement offered to all races here. Could Negroes,
or anyone else for that matter, have made such rapid
progress under conditions such as those described by Mr.
Salisbury?
“With equal introspection, most people of Birmingham |
recognize that problems abide in this community, as prob-
lems exist in every community. They are working on these ;
problems. They ask to be allowed to continue work on
these without the fanning influence of distorted imagery =
and misunderstanding by those who could not hope to
understand the situation as it exists. Birmingham people
ask only for objectivity ...
2025
In his statement Tuesday, Catledge pointed out that
Salisbury had won a Pulitzer Prize for reporting in 1955,
and was regarded as “one of the ablest and most perceptive
reporters of The New York Times...
The New York Times has every confidence that Mr.
Salisbury reported the situation as he saw it through the
eyes of an objective newspaper man. He did not go to
Birmingham ‘seeking sensationalism’ or anything else but
the facts in a situation that involves Birmingham as well
as other cities. We are only sorry that his findings had to
be unpleasant to anyone.”
Catledge then repeated from his earlier statement that
‘4f in the further investigation of the situation The Times
should find any statement in Mr. Salisbury’s articles to be
incorrect, or inaccurate in any respect, it will publish an
appropriate correction.
A number of Birmingham city officials and civic groups
[fol. 1469] earlier has asked the paper to run a retraction.
iy Cincurr Court or Monrcomery County, ALABAMA
Devenpant’s Exurerr No. 17
THE MONTGOMERY ADVERTISER MAY 22, 1960
FALL-OUT FROM AD ERROR
As we said, the most damaging publication in which to be
lied about is The New York Times due to the respect with
which it is read throughout the world. However, the most
desirable publication in which to be apologized to is The
Times because it is a brillant caution flare to all other
publications.
The Advertiser has no doubt that the recent checkmating
of The Times in Alabama will impose a restraint upon
other publications which have hitherto printed about the
jouth what was supposed to be.
__ The Chicago Daily News, for example, printed news of
The Times’ retraction and apology to Montgomery under
six-column head on the inside.
2026
“Authorities on libel law in New York,” reported the
Chicago Daily News, “say they can recall no precedent
for The Times’ action in retracting part of a paid adver-
tisement.”
The Chicago paper did not fail to inject some comedy
into its story, such having been plentifully supplied by the
NAACP director, Roy Wilkins. It quoted Wilkins as
wailing:
“Tf the non-Southern publications are intimidated by the
hypocritical caterwauling of the white supremacy prac-
titioners, the press will join the Negro in the loss of rights,
for freedom of the press will have gone down the drain.”
The shallowness of this viewpoint is almost unbe-
lievable. Such a zealot is Wilkins that he does not even
discern that the question here is truth vs. a lie. That issue
takes precedence over any issue of partisanship, Wilkins
evidently wishes The Times to ignore the libel laws and
stick to the lie because he considers it in a good cause.
[fol. 1470]
In Crcorr Court or Montaomery County, ALABAMA
Derenpant’s Exursrr 18
MONTGOMERY ADVERTISER May 7, 1960
SUITS FILED AGAINST TIMES
BIRMINGHAM (AP)—Birmingham’s three city com-
missioners Friday filed damage suits claiming $500,000
each against the New York Times.
The suits, filed in U. S. District Court, charge The Times
with printing a story April 12 “with intent to defame” the
commissioners “falsely and maliciously.”
Named in the suit were The New York Times Co. and
Harrison E. Salisbury, a member of The Times’ staff.
The story concerned Birmingham’s racial troubles. All
three complaints charged that the article subjected the
2027
commissioners to “public contempt, ridicule, shame and
disgrace.”
The suits were filed by Mayor James W. Morgan, Police
Commissioner Eugene (Bull) Conner and Public Service
‘commissioner J. T. Waggoner.
In Cmoorr Court or Monrcomery County, ALABAMA
Devenpanr’s Exutsrr No. 19
THE MONTGOMERY ADVERTISER
MAY 17, 1960
PATTERSON WEIGHS SUIT IN LIGHT OF
Z -ETRACTION
BIRMINGHAM (AP)—Gov. John Patterson Monday
“said he would confer with attorneys before deciding what
effect a retraction may have on his plans to sue The New
York Times.
The Times Monday published a statement retracting
rt of a recently published paid advertisement of “The
‘ommittee to Defend Martin Luther King and the Struggle
‘or Freedom in the South.”
© The Governor demanded a retraction in a letter sent
fol. 1471] May 9. He contended the advertisement accused
im of “grave misconduct and of improper actions and of
emissions” as governor and ex-officio chairman of the State
‘oard of Education.
He has threatened to file suit.
Patterson, here to attend a meeting of the Birmingham
Committee of 100, an industry-seeking group, said:
“The retraction proves that they knew the allegations
the ad were untrue.”
The Times said it made an investigation, and added:
“To the extent that anyone can fairly conclude from
the statements in the advertisement that any such charge
‘was made, the New York Times herewith apologizes to the
on. John Patterson therefor.”
2028
The two retracted paragraphs are:
“In Montgomery, Alabama, after students sang, ‘My
Country, "Tis of Thee’ on the state capitol steps, their
leaders were expelled from school, and truckloads of police
armed with shotguns and tear-gas ringed the Alabama
State College campus. When the entire student body pro-
tested to state authorities by refusing to re-register, their
dining hall was padlocked in an attempt to starve them
to submission.”
“Again and again the Southern violators have answered
Dr. King’s peaceful protests with intimidation and vio-
lence. They have bombed his home, almost killing his wife
and child. They have assaulted his person. They have
arrested him seven times—for ‘speeding,’ ‘loitering? and
similar ‘offenses.’ And now they have charged him with
perjury—a felony under which they could imprison him
for 10 years.
In Crcurr Courr or Monreomeny County, ALABAMA
Derenpayt’s Exursrr No. 20
MAY 20, 1960
THE MONTGOMERY ADVERTISER
THE TIMES ACKNOWLEDGES ERROR
The Governor of Alabama called The New York Times
a liar, The Montgomery Advertiser and the Montgomery :
City Commission called The Times a liar.
[fol. 1472] The Times has now admitted it printed lies
about Montgomery, has retracted and apologized.
The disereditable, fictional character of The Times con- |
tent has been established and half-admitted by The Times.
The Times can hardly be expected to go back to 1956 |
and make an omnibus correction of all its distortions about
Montgomery as not even the Sunday Times is large enough
for that.
As for the prominent American and Broadway dudes
whose names were married to the lies in the Times adver-
2029
tisement, they evidently feel no shame and are unheard
from. In the case of people such as Dr. Harry Emerson
Fosdick and Elmer Rice, this surprises The Advertiser.
There is nothing new about such distortions, they are
an old story to Alabamians. This just happens to be the
time when it was possible to yank a curb bit against a
mendacious jawbone.
In one sense there is consolation for Alabamians and
Southerners in the results of the episodes. The Times is,
if not the world’s greatest paper, then certainly its most
important. It has an exalted reputation for truth and
restraint and its voice is heard internationally. It hurt
the state to be misused in The Times, but the proof and
acknowledgement of misrepresentation ‘are many times
more conspicuous than would be in any other publication.
Newspapers throughout the country will mark it well
that The Times was forced into a humiliating acknowledge-
ment of inaccuracy and unfairness. For them this will be
a flaring caution light.
erhaps some will speculate whether if Salisbury’s Bir-
mingham reporting was deceptive and deficient if Salis-
bury’s vaunted Moscow reporting was likewise.
If The Times can’t, or won’t, gather and print the truth
about American cities, how can it be relied upon to gather
and print the truth about remote London, Paris, Belgrade,
Warsaw, Budapest and Johannesburg?
One concession is cheerfully offered. The Times made
to make corrections is perhaps the rottenest aspect of
its morality.
=o
~~
2030
Is Cmeovir Courr or Monrcomery Counry, ALABAMA
Darenpant’s Exutsrt No. 21
MAY 27, 1960
THE MONTGOMERY ADVERTISER
BIRMINGHAM (AP)—The New York Times has asked
U.S. District Court to dismiss three libel suits brought
against The Times and Harrison E. Salisbury, a Times
reporter, by Birmingham city officials.
The Times filed three motions challenging the jurisdic-
tion of the court and contending the newspaper “has not
done any business or performed any character of work
or service in Alabama.”
The suits were filed after the Times published an article
under Salisbury’s byline critical of the racial situation in
Birmingham. Mayor James W. Morgan and City Com-
missioners J. T. Waggoner and Eugene Connor each asked
$500,000 damages.
In Crecurr Court or Monrcomery County, ALABAMA
Derenpant’s Exursrr No. 22
MAY 31, 1960
THE MONTGOMERY ADVERTISER
FIVE NEGROES, TIMES SUED BY PATTERSON
By The Associated Press
With a promise to use the money for an old people’s
home, Gov. John Patterson Monday sued the New York
Times and five Negro leaders for one million dollars.
Patterson charged that a recent full-page advertisement
in The Times soliciting funds for the Rev. Martin Luther
King, Jr. subjected the governor to “public ridicule, con-
tempt and shame.”
[fol. 1474] King, now a resident of Atlanta, was named
as a defendant in the libel suit along with the New York
2031
paper and four Alabama Negroes—the Rev. F. L. Shuttles-
worth of Birmingham, the Rev. J. E. Lowery of Mobile
and the Rev. Ralph D. Abernathy and the Rev. S. S. Seay,
Sr., of Montgomery.
The advertisement, seeking funds to pay King’s legal
costs for his recent perjury trial, bore the names of the
four other Negroes along with several actors, clergymen
and others prominent in public life.
King, aceused of falsifying his state income tax returns
¢ 4 in 1956, was acquitted by an all-white jury here Saturday
| but is still under indictment on a similar charge involving
his 1958 returns. State’s attorneys declined to say whether
| the other indictment will be tried.
Although he filed the suit as governor and ex-officio
chairman of the State Board of Education, Patterson said
he considered it also a complaint “in behalf of the people
of Alabama.”
He said if he receives a judgment, he will donate the
a money to the state “for the construction of a modern, well-
= equipped nursing home for our needy old folks.”
His promise to use the money for a charitable cause
: q came in a prepared statement accompanying the suit.
The complaint filed in Cireuit Court quoted two para-
= graphs of The Times ad which was published March 29.
Although the newspaper later retracted those paragraphs,
_ the governor said he did not consider it a “full and fair”
retraction.
King was included as a defendant although his name
a did not appear in the advertisement. The governor’s office
. said he was brought into the suit because the ad was pub-
lished in his behalf.
n its retraction on May 16, the Times said it took the
paid ad as part of the normal course of business and that
its content did not reflect the paper’s editorial judgment
or opinion.
It said that by publishing the advertisement, it never
intended to suggest a charge against the governor, and
d
| added:
“To the extent that anyone can fairly conclude from the
statement in the advertisement that any such charge was
2032
[fol. 1475] made, the New York Times hereby apologizes
to the Hon. John Patterson.
The advertisement spoke of racial conditions in Mont-
gomery during recent student demonstrations and said
the dining hall of Alabama State College was padlocked”
in an attempt to starve the students into submission.
College authorities denied that the dining room was
padlocked.
Montgomery’s three city commissioners also have sued
the Times because of the same ad. They asked $500,000
each.
In Cmovir Courr or Monrcomeny County, ALABAMA
Devenpant’s Exutsrr No. 23
JUNE 14, 1960
THE MONTGOMERY ADVERTISER
TIMES CHALLENGES BESSEMER SUITS
BIRMINGHAM (AP)—The New York Times Co. has
asked U.S. District Court here to dismiss three libel suits
brought by city ec of nearby B i
The Times contended in a motion for dismissal that it
does not do business in Alabama and is not subject to juris-
diction of a court located in Alabama.
Mayor Jess Lanier and Commissioners Raymond Parson
and Harman Thompson each filed suit in May asking
$500,000 damages for an article in the Times describing
racial problems in Birmingham and Bessemer.
2033
In Cmovrr Courr or Moyrcomery Couny, ALABAMA
Derenpant’s Exursir No. 24
July 1, 1960
THE MONTGOMERY ADVERTISER
N. Y. TIMES LOSES IN MOVE TO HAVE
BECORDS CLOSETED
The Alabama Supreme Court says Judge Walter B.
Jones has a right to ask The New York Times to produce
documents that will help determine if the newspaper was
[fol. 1476] doing business in Alabama when it published
an advertisement which city officials say libeled them.
The Court Thursday dismissed a petition for mandamus
filed by The Times against Judge Jones which would have
required him to set aside his order to produce the papers.
The particular case ruled on involves the $500,000 libel
suit by Commissioner L. B. Sullivan.
The Jones order requires the Times to produce docu-
ments, old editions and letters from its Alabama correspon-
dents, Jones has given the newspaper until Wednesday to
Parks and Mayor Earl James are set for July 25 on the
= motion to dismiss the libel suits.
The advertisement on which the commissioners base their
suits appeared in The Times on March 29, 1960, under
name of the Committee to Defend Martin Luther King and
the Struggle for Freedom in the South.
The officials contend that the advertisement contained
; misinformation which reflected on their administration.
The Times contends that the suits should be thrown out
on the grounds that the newspaper was not doing business
in the State when it was published—the full page adver-
isement. In the matter decided by the Supreme Court,
; Sullivan’s attorneys claimed that the requested documents
ere needed to decide if The Times was doing business
in Alabama.
2034
The Times advertisement claimed, among other things,
that the dining hall at Alabama State College here was
padlocked in an effort to starve demonstrating students
into submission.
The case is expected to be tried in the October term of
cireuit court.
Lawyers for The Times are from the Birmingham firm
of Beddow, Embry and Beddow. Sam Rice Baker and
Roland Nachaman represent Sullivan.
[fol. 1477]
In Crrcurr Court or Montcomery County, ALABAMA
Derenpant’s Exurerr No. 25
THE MONTGOMERY ADVERTISER
TIMES SWITCHES BAMA, OLE MISS
WASHINGTON (AP)—Rep. George Huddleston (D-
Ala.) Wednesday chided the New York Times for a map
of the Southeast in which Alabama and Mississippi were
transposed.
The map was used to illustrate the newspaper's article q
on the Supreme Court’s decision Tuesday dealing with |
offshore oil rights.
Due to a mechanical error, the map as published in
some editions labeled the area of Alabama as Mississippi
and Mississippi as Alabama. It also placed Montgomery
and Mobile in the state labeled as Mississippi.
Huddleston said in a statement it was surprising that |
the Times should display such apparent ignorance of geog-
raphy.
JUNE 2, 1960
2035
Iy Crecurr Court or Montcomery County, ALsapama
Devenpant’s Exursir No. 26
JUNE 1, 1960
THE MONTGOMERY ADVERTISER
BIRMINGHAM (AP)—MAYOR Jess Lanier of nearby
Bessemer and two other city officials have filed libel suits
against the New York Times because of a story critical of
racial troubles here.
The individuals suits for $500,000 were filed in U. 8.
District Court Friday.
Birmingham’s three commissioners filed similar action
May 6, also asking $500,000 each.
The story published by the Times several weeks ago
mentioned conditions in Bessemer.
The suits filed in the names of Lanier and commissioners
Raymond Parsons and Herman Thompson, charged that
[fol. 1478] the story subjected them to “public contempt,
© ridicule, shame and disgrace.”
They said the New York newspaper failed to publish a
full and fair retraction.
Monday Gov. John Patterson filed libel suit against the
Times and five Negroes. Patterson’s complaint, seeking
a million dollars, was filed in circuit court at Montgomery.
Is Crrcurr Court or Morreomery County, ALapama
Dzrenpant’s Exuisrr No. 27
JULY 27, 1960
MONTGOMERY ADVERTISER
LAWYERS ADD TO DOCUMENTS IN LIBEL SUIT
By Arthur Osgoode
New York Times attorneys Monday continued their ef-
forts in Circuit Court to keep the newspaper from being
2036
sued for libel in an Alabama court by Montgomery’s three
city commissioners.
Attorneys for the city officials at the same time kept
adding to a growing stack of documents, all intended to
show that the New York newspaper does business in this
state and hence can be sued in state court.
Defense witnesses who testified Tuesday were Harold
Faber, day national news editor, and Joseph Wagner, na-
tional advertising manager of the Times.
Faber, who had oceupied the witness stand during most
of the hearing Monday, continued to identify Times news
stories dealing with Alabama events.
PROCEDURES QUESTIONED
Roland Nachman, attorney for the plaintiffs, questioned @
Faber as to procedures used by the Times in gathering and
selecting news stories from Alabama.
He also asked whether the New York paper has a con-
tract with the Associated Press, which provides it with
news stories originating in Alabama and elsewhere.
[fol. 1479] Judge Walter B. Jones ruled against defense
objections to this line of questioning and with Nachman,
who pointed to a recent Supreme Court decision.
In the decision, said Nachman, the court had ruled that
a concern is doing business in a state when it has contracted
with another concern to conduct operations for it in that
state.
DREW PROTEST
Jones’ ruling drew a protest from Louis Loeb, of the
New York firm of Lord, Day, and Lord which represents
the New York Times. Loeb called it “the ultimate in stretch-
ing the concept of doing business.”
Faber also was questioned as to what the term “Special
to The Times” meant when it preceded news stories. Faber
replied that it might mean that the story came from a
string correspondent or a regular staff member, or that
a staff member in New York had made a special effort to
get the story.
2037
In testimony Monday, Nachman sought to show that
“string” correspondents acted as agents for The New York
Times newspaper in Alabama, and that the Times therefore
oes business in the state.
Defense attorney Eric Embry, of the firm of Beddow,
mbry and Beddow, Tuesday questioned Pace on the cards
mn which the names of string correspondents for the Times
are recorded.
He established that spaces on the card showing the cor-
-respondent’s employer, title, and related information refer
ie newspaper by which he is employed and not to the
es.
ADVERTISING METHODS
Wagner testified to the methods by which the New York
‘Times solicits advertisements in Alabama.
He said two Times advertising solicitors have visited in
-Alabama this year, but that they do not live in Alabama
and that the Times does not to his knowledge own an office
x real estate in Alabama.
Questioned by Embry, he said that the New York paper
60 million lines of advertising in 1959, of which only
1 lines were from Alabama advertisers.
Under cross examination by Nachman, Wanger said he
‘ol. 1480] has a “vague idea” that the Times gets from
to 75 per cent of its revenues from advertising.
Embry protested Nachman’s attempt to question Wanger
bout a brochure sent by Times advertising men to Mont-
gomery city officials soliciting advertisements to further
industrial development. He said that the introduction of
@ the document only served to encumber the record.
‘CONTINUOUS COURSE’
: Nachman maintained that it helped establish that the
‘imes. consistently engaged in soliciting advertising in
‘Alabama.
Attorneys for the city commissioners have sought to
show a “continuous course of conduct” on the part of The
Times in news gathering and advertising soliciting in
2038
Because of the sustained effort to gather news and sell
advertising, The Times actually does business in this state,
maintain. .
ne Jenne attorneys have held that documents introduced
by the state have no value as evidence that the Times en-
gages in business in Alabama. ; -
The three city commissioners are each suing for a hal
million dollars, charging they were libeled in a Times
advertisement seeking funds to defend Negro integration 4
leader Martin Luther King. ;
The advertisement depicted Negro students as subject
to abuse because of their protests against discrimination.
King at the time faced trial for perjury, involving state
income tax returns. He was subsequently acquitted by a
ireuit Court j here. 5
OG John Patterson is also suing The Times for a
million dollars in connection with the same advertisement.
Four Alabama Negro leaders are also defendants in the
suits.
[fol. 1481]
In Crrcurr Counr or Montcomery County, ALapaMa
Dzrenpant’s Exursrr No. 28
JULY 28, 1960
THE MONTGOMERY ADVERTISER
TIMES SUIT TESTIMONY ENDS, ARGUMENTS SET |
BY Arthur Osgoode
Pheer sete
Testimony was completed before Cireuit Judge Walter :
B. Jones Monday in a hearing to determine whether the @
New York Times can be sued for libel in a state court. }
Montgomery’s three city commissioners are each suing |
the newspaper for $500,000 claiming they were defamed in
an advertisement.
Attorneys will make their final arguments Monday on |
the motion to quash service of the suit on the New York §
paper.
2039
Attorneys for Commissioners Earl James, L. B. Sullivan
and Frank Parks contend that the Times does business in
Alabama, and can hence be sued in an Alabama court.
Attorneys for the Times complain that it does not do
business in this state, since it does not own or rent prop-
erty or have employees stationed in Alabama.
Separate exhibits introduced during the third day of
the hearing Wednesday mounted to approximately 350.
Most of them were introduced by attorneys for the plain-
tiffs, who sought to show the extent of Times’ activities
in Alabama through introduction of news stories, expense
accounts and other items.
The proceedings were enlivened Wednesday by a brief
show of temper.
When Roland Nachman, representing the plaintiffs, cited
a Supreme Court decision in support of his argument,
Ronald Diana, of the New York firm of Lord, Day and Lord,
challenged him.
f Diana said that Nachman gave “only half” of the Su-
= Preme Court ruling, thus misleading the court.
Nachman heatedly defended his interpretation. Diana
eft the courtroom to find the court decision in question
in the law library of the courthouse.
But while Diana was gone, Nachman revealed that he
fol. 1482] had the case in question with him. But the
pute was never settled. Judge Jones broke in to tell
lachman’s colleague, Sam Rice Baker, to resume cross-
ination.
The advertisement that brought on the libel suit entered
nto the testimony earlier ‘Wednesday.
Joseph. Wagner, national advertising manager of the
imes, said that he knew nothing of the advertisement
efore it appeared in the paper.
“The ad acceptability department checks the copy...
it is their responsibility,” he said.
Ro: Vate
ibuted in Alabama. Wholesale and retail dealers receive
he paper, he said, and subscriptions are paid in advance.
“We pay for all transportation,” said Waters.
2040
Cross-examined by Baker, he said that credit is given
for unsold papers. The signature of the baggageman is
obtained by the newspaper dealer in such cases, he further
testified.
John J. McCabe, Times assistant comptroller, testified
that no one on the Times payroll resides in Alabama, and
that the Times has no office, bank account or property in
this state.
He specifically stated that string correspondents are not
on the Times payroll, and that no deductions are taken
from checks mailed to them. Six or more deductions are
made from paychecks of regular Times employees, he said.
McCabe also testified that Alabama advertisers only ac-
counted for 46/1,000s of one per cent of Times advertising
revenues in 1959.
Testifying briefly were Advertising Editor Grover C.
Hall, Jr. and Montgomery Chamber of Commerce Man-
ager, Paul Fuller.
Hall testified to receiving material soliciting his sub-
scription to the New York Times Index, which is published
by the New York paper.
Fuller told of being visited by a Times advertising |
[fol. 1483] solicitor who sought to sell him a Times ad-
vertisement boosting this area as an industrial location.
The libel suit is over a Times advertisement that sought
fonds with which to defend Negro integration leader Martin
Luther King in a trial for perjury. King was acquitted
by a Montgomery County jury of lying about his income on
a state tax return.
Montgomery’s three commissioners charge that the ad, :
which alleged discrimination against Negro demonstrators,
reflected on the way they performed in their office and
defamed them.
2041
In Cmevrr Court or Mowtcomzry Country, Atapama
Derenpanr’s Exuisrr No. 29
JULY 20, 1960
THE MONTGOMERY ADVERTISER
DETECTIVE’S SUIT CHARGES TIMES
BIRMINGHAM (AP)—A Birmingham city detective
Tuesday filed suit for $100,000 against The New York
- Times and its reporter, Harrison E. Salisbury.
Detective Joe Lindsey contended in the suit that The
‘imes “Thoughtfully and maliciously” published an article
. concerning him last April 12.
The suit is based on part of a series of stories under
avis byline dealing with race relations in Birming-
Members of the city commissioners of Birmingham and
eighboring Bessemer earlier filed similar suits.
In Crecurr Court or Mowteomzry County, Anapawa
Derexvant’s Exursrt No. 30
JULY 26, 1960
HE MONTGOMERY ADVERTISER
FATTORNEYS CONTEND N Y TIMES DIDN’T DO
USINESS IN STATE
f [fol. 1484] By Arthur Osgoode
The three Montgomery city commissioners are each
ig the Times for $500,000, charging they were de-
med in an advertisement that sought to raise money for
2042 2043
the defense of Negro integration leader Martin Luther The libel suits brought by City Commissioners Earl
King. ; ames, L. B. Sullivan and Frank Parks grew out of an
In the hearing that opened Monday, attorneys represent- advertisement critical of local police handling of Negro
ing the city officials introduced a long series of d ts ation:
designed to show that the New York newspaper engages
in the business of gathering news in this state. E
One witness oceupied the stand from late morning until 1
the hearing recessed, to be resumed Tuesday morning.
Harold Faber, day national news editor of the Times, :
spent most of his time identifying correspondence with
“string” correspondents in Alabama, expense accounts of
Times reporters, and news stories originating in this state.
Faber described a “stringer” as a “person working for
another newspaper on whom we call for news occasionally.”
He said there are three string correspondents in Ala-
bama, including Advertiser State Editor Don McKee. The |
other two are in Birmingham and Mobile.
He testified that these three correspondents were paid
by check for stories they sent in, without the deductions
taken out of the paychecks of regular Times employees.
The New York paper, he further testified, does not have
a regular news staff correspondent in Alabama, but does
have one in Georgia, who handles major news stories in all @
the Southern states.
Under cross examination by Roland Nachman, Faber con-
ceded that The Times makes an active effort to replace
correspondents who quit. 4
In the ensuing lengthy introduction of documents, Nach-
man set out to show that the Times frequently engages
[fol. 1485] in news gathering in Alabama. :
Defense attorneys repeatedly objected to the introduction |
of the documents as immaterial and irrelevant and too far @%
removed in time to have a bearing on the case. F
Representing The Times is the Birmingham firm of Bed- 3
dow, Embry and Beddow. They were assisted Monday by 3
Louis M. Loeb and Ronald S. Diana of the New York Firm
of Day, Lord and Lord, which is retained by the New York
Times. :
City Attorney Calvin Whitesell and Robert Steiner, 1,4
Sam Rice Baker and Roland Nachman of the firm of
Steiner, Crum and Baker, represented the plaintiffs.
Among other things, it alleged that the dining hall at
Alabama was padlocked during a period of student demon-
trations to starve students into submission.
The same advertisement also brought a suit by Gov.
ohn Patterson, who is suing the newspaper and four Ala-
bama Negro leaders for one million dollars.
The arguments made in Cireuit Court here Monday would
iso apply to Patterson’s suit.
The Monday hearing was on a motion by The Times to
| quash service of the suit, its attorneys maintaining that it
not be properly served according to state procedures
nce it is a foreign corporation.
Ly Cmcurr Courr or Morteomery Couwry, Auapama
Derexpant’s Exureirr No. 31
MONTGOMERY ADVERTISER
AUGUST 6, 1960
UDGE RULES TIMES SUIT LEGAL HERE
RIST HOLDS PAPER DOES
ONTINUOUS’ BUSINESS IN STATE
y Arthur Osgoode
‘ol. 1486] The New York Times can be sued in a Mont-
esomery court by a city commissioner who claims that he was
ibe ed, Cireuit Judge Walter B. Jones ruled Friday.
in dismissing the newspaper’s motion to quash service
the complaint against it, Jones found specifically that:
Che Times does business in Alabama.”
The New York paper had sought to avoid defending its
in an Alabama court, holding that it was an out-of-state
erporation that did not engage in business in this state.
But Jones found “an extensive and continuous course of
abama business activify—news gathering; solicitation of
arse nce
2044
advertising; circulation of newspapers and other prod-
ucts.”
The ruling continued:
“Likewise, the court finds that to subject the Times to
suit in Alabama comports with traditional notions of fair
play and the proper administration of justice.
“Plaintiff resides here, and is a public official of the
city of Montgomery. If a reputation has a situs, it is here :
in Montgomery. .
“The events occurred largely in Montgomery, and wit-
nesses who have knowledge of the truth or falsity of the
events as outlined in the advertisement reside in or near
Montgomery.” ©
Jones concluded that the local circuit court “is the ap-
propriate and convenient forum in which to try this action.”
Jones also held in his ruling that The Times had also
made a “general appearance” in the case, thus waiving its :
argument against jurisdiction of the local court.
BEYOND QUESTION
Beeause they questioned jurisdiction of the court over
“subject_matter,” Times’ attorneys went beyond the ques-
tion of court jurisdiction, Jones held.
He also said that The Times had made a “general ap- :
pearance” in petitioning the Alabama Supreme Court to |
review Jones’ order directing The Times to produce cer-
tain documents.
[fol. 1487] During arguments in the hearing before Jones
last week, attorneys argued whether the Times carries on
sustained activities in this state.
Jones observed that regular staff writers of the Times |
had spent a combined 153 days in Alabama this year, and
that Times advertising salesmen had sold almost $18,000 |
worth of ads in Alabama between Jan. 1 and April 30, 1960. :
He further observed that the New York paper maintains
three “string” correspondents in Alabama, who provide
news stories. The Times, said Jones, “has made an active |
effort to maintain a ‘stringer’ at these three places in Ala-
bama at all times.”
2045
News gathering in this state was coordinated by Harold
Faber, day national news editor and a witness during the
hearing here, Jones also observed.
In closing the 10-page opinion, Jones cited his record as
“a staunch advocate and defender of freedom of the press.”
ut, he continued, “This freedom and other safeguards
of the due process clause do not command the plaintiff
to carry his witnesses, his evidence, his counsel and him-
self more than 1,000 miles to a distant forum to bring
‘bis action for alleged damages to his reputation and try
his case.”
$500,000 Each
Mont; y City Cc Earl James, James L.
Sullivan and Frank Parks are suing the Times for $500,000
each, claiming that they were libeled in an advertisement.
The advertisement was one seeking funds for the court
lefense of Negro integration leader Martin Luther King,
0 was later acquitted here on lying about his income.
Jones did not rule on one point raised by attorneys for
the local officials last week. They had claimed that The
imes does business in Alabama by virtue of its member-
ship in the Associated Press, worldwide news-gathering
rvice.
Their argument was that the AP, in gathering news stor-
ies for The Times in Alabama, acts as its agent.
Tn one of the cases cited by Jones in his ruling, the de-
ivery by mail of a single insurance policy and premium
‘eceipts was enough for an insurance company to be deemed
the U. S. Supreme Court to be “doing business” in
‘another state.
ye
2046 2047
Ty Crrcurr Court or Montcomery County, ALABAMA Friday’s decision involved three libel suits filed by Mont-
gomery city commissioners seeking $500,000 each. They
_tesulted from a full-page advertisement in the Times
_ criticizing the handling of recent Negro student demon-
strations in Montgomery.
Attorneys for the commissioners, headed by_Sam Rice
Baker, of Montgomery, contended that Jones’ ruling on
jurisdiction, if upheld, removed any federal question which
ould be appealed to the U. 8. Supreme Court if the libel
its resulted in a judgment against the newspaper.
But it would not stop the Times from trying to take it
the Supreme Court, and letting that tribunal decide.
Derenpant’s Exurerr No. 32
THE MONTGOMERY ADVERTISER
AUG. 7, 1960
ATTORNEYS CONTEND:
JUDGE’S RULING WILL HINDER APPEAL
By the Associated Press
Attorneys for Montgomery city commissioners contend
a judge’s ruling may prevent The New York Times from
appealing to federal court if it loses any of three libel
suits pending in state court here.
The decision handed down by Circuit Judge Walter B. 3
Jones in state court Friday held that the Times can be
sued here. ’
It was based on the finding that the newspaper does busi-
ness in Alabama, but Jones’ ruling that he has jurisdiction 3
to try the libel suits also involved a technical legal ques-
tion. ;
The judge, in his 10-page written decree, said Times at-
torneys in effect waived the question of jurisdiction by @
making what lawyers call a general appearance in his 4
court.
Jones explained that the newspaper attorneys could have
made—in the language of the law—a special appearance #
by pleading merely that Alabama courts have no right to 2
try The Times. . 4
But they went further, the judge explained, and argued
that Jones had no jurisdiction over the subject matter of |
the libel suits. That constituted a general appearance, the 4
court said. 3
Jones also held that The Times in effect surrendered to
his jurisdiction by going to the State Supreme Court in an
[fol. 1489] unsuccessful attempt to keep from having to pro-
duce certain records in the pretrial hearing involving the |
issue of jurisdiction.
The Times’ attorneys said no decision has been made
on a possible appeal from Jones’ ruling.
Ly Omcurr Courr or Montcomery Counry, Anapama
Derenpayt’s Exuisrr No. 33
MONTGOMERY ADVERTISER
AUG. 26, 1960
FFERSON CALLS TIMES REPORTER
BESSEMER (AP)—Deputy Circuit Solicitor Howard
nger says that if conditions described in New York
es articles are found to exist in Bessemer, a grand jury
seek to remedy the conditions.
Sullinger said the grand jury plans to examine contacts
The attorney said also that he has asked Salisbury to
tify before the grand jury next week.
He said he mailed letters Wednesday to Salisbury and to
urner Catledge, Times managing editor, asking that Salis-
eae
%
2048
[fol. 1490]
Tw Circurr Court or Mowtcomery County, ALABAMA
Devenpanr’s Exumir No. 34
THE MONTGOMERY ADVERTISER SEP. 3—1960
US. JUDGE DEALS TIMES LEGAL BLOW
BIRMINGHAM (AP)—U. S. District Judge oH.
Grooms Friday upheld the service of libel suits in ‘Alabama
totaling $3,100,000 against the New York Times.
The suits—seven of them in all—grew out of articles
published in The Times last April dealing with race rela-
tions in the Birmingham area.
The articles carried by the byline of Harrison Salisbury,
who was named co-defendant.
The ruling by Judge Grooms means the cases will be tried
here. A defense attorney said no appeal is planned at this
time.
Suits seeking $500,000 each were filed by Birmingham City
Commissioners James W. Morgan, Eugene Connor and
James T. Waggoner, and Bessemer City Commissioners
Jess Lanier, Raymond Parson and Herman Thompson.
In addition, Joe Lindsay, a Birmingham city detective filed
suit asking $100,000.
The suits were served on the Times, contending it is an
out-of-state corporation doing business in Alabama, and
on two parttime correspondents of the Times in Alabama,
contending they were agents of the firm.
Judge Grooms dismissed the service of the suits on the
two part time correspondents, Don McKee of Montgomery 4
and John Chadwick of Birmingham, saying neither of them |
was an agent of the Times.
Attorneys for The Times argued in two days of hearings
that the Times does not do business in Alabama and there-
fore could not be served with a suit.
The Times also contended that that the cause of action 3
The Times’ attorney said the 4
did not occur in Alabama.
2049
cause of action was publication of the articles in New York,
not Salisbury’s gathering of information in Alabama.
Cireuit Judge Walter B. Jones, in a similar ruling here
Ang. 5 said The Times could be sued in Alabama. This rul-
ing was on the separate suits filed by Montgomery’s three
eity commissioners, each for $500,000, charging they were
defamed in an advertisement soliciting funds for the de-
fense of Martin Luther King in his income tax trial here.
“The Times does business in Alabama,” Judge Jones
: decided after several days of testimony. The paper held
that it was an out-of-state corporation and did not engage
in business here.
Gov. John Patterson has entered a $1 million libel suit
against The Times arising out of the same advertisement.
A United Press International story in the
Alabama Journal Thursday stated that
“Federal Judge Frank M. Johnson, Jr.,
has ruled The Times could be sued in
Alabama. His decision resulted from libel
suits filed against the paper by Gov. Pat-
terson and Montgomery City Commis-
sioners.” The statement is in error. The
ruling referred to was made by Judge
Walter B. Jones in one of the three sepa-
rate cases filed by Montgomery City Com-
missioners.
2050 2051
Ix Cmovrr Court or Mortcomury County, ALABAMA RECORDS SOUGHT
Hughes appeared before the grand jury under a sub-
poena demanding that he bare the financial records of his
organization.
He failed in appeals to Cireuit Court and the Alabama
Supreme Court earlier seeking dismissal of the order for
his records.
He contended the records had no bearing on the case.
Others who went into the grand jury room were Mayor
Jess Lanier and Police Chief George Barron of Bessemer
€ and Mayor Claude Smithson and Police Chief Tom Ward
of Fairfield.
Officials of several other small towns in the area also
[fol. 1493] appeared.
Derenpant’s Exumrr No. 35
THE MONTGOMERY ADVERTISER
SEP. 3, 1960
METHODIST LEADER JAILED FOR
REFUSING TO ANSWER
BESSEMER (AP)—A witness was jailed Friday for
refusing to give satisfactory answers in a grand jury in-
vestigation of racial conflict in the Birmingham area re-
ported in The New York Times.
[fol. 1492] This was the second day of the investigation
delving into accounts of racial troubles published in The
Times last spring under the byline of Harrison Salisbury.
In a quick sequence of events: 4
The Rev. Robert E. Hughes appeared before the grand
jury for about 15 minutes when first called.
Deputy Circuit Solicitor Howard Sullinger came out of
the grand jury room and said he would institute contempt
proceedings against Hughes at the request of the grand
jury’s questions.
Midway through the contempt proceeding was stopped
and Hughes went back to the grand jury.
NO REPORT
In late afternoon the grand jury recessed until 9 A. M.
Tuesday without issuing a report.
- Sullinger said earlier he requested the presence of Salis-
bury, but he said attorneys for Salisbury told him the re-
== porter would not appear before the grand jury.
A preliminary investigation developed a list of contacts
made by Salisbury during his visit in the area, Sullinger
said, along with a list of telephone calls he made.
Before the grand jury started its probe, Sullinger said:
“Tf conditions are described in the Times articles are
found actually to exist, our grand jury will do all it can to
remedy these conditions.
“Tf they don’t exist, our county and city officials and every
Jaw enforcement agency in the county have been libeled and
= slandered.”
Seven suits seeking a total of $3,100,000 damages have
been filed against the Times in connection with the articles.
I BACK OUT AGAIN
Then suddenly, Hughes was back out again, facing con-
tempt proceedings again. 4
Cireuit Judge Gardner F. Goodwyn ordered Hughes
jailed “until you purge yourself.”
This means he could be held indefinitely, until he answers
to the satisfaction of the grand jury. 4
Sullinger said he understood that Hughes, who was jailed ¢
without bond, could request bond if the grand jury ad-
journs without Hughes satisfying them with his answers.
Hughes, a Methodist minister, is executive director of
the Alabama Council on Human Rights, an organization
with the expressed intent of improving race relations.
2052
Ly Crcurr Court or MonteoMERY County, ALABAMA
Derenpanr’s Exursrt No. 36
THE MONTGOMERY ADVERTISER
SEP. 4, 1960
BESSEMER (AP)—A Methodist minister jail here is
awaiting the decision of the U. 8. Supreme Court in his
appeal for dismissal of a grand jury subpoena against him.
The Rev. Robert B. Hughes was jailed by Cireuit Court
Judge Gardner F. Goodwyn Friday for contempt of a
grand jury.
However, the appeal to the Supreme Court was issued
prior to the contempt citation and is an effort to have the
order for the subpoena dismissed.
{fol. 1494] James L. Shores, Jr. an attorney for Hughes,
explained that he is seeking to have the subpoena dismissed
on grounds that it was issued illegally.
However, in Washington, Supreme Court aides said
no immediate action was scheduled. The request is pend-
ing with Justice Hugo Black.
Hughes was jailed during the second day of a grand
jury investigation into accounts of racial troubles in the
Birmingham area as published last spring in the New York
‘Times.
Shores said Hughes was told to appear pefore the grand
jury with records of the Alabama Council on Human Rights,
an organization with the expressed intent of improving
race relations. The minister is the group’s executive direc-
tor.
Shores said the records of the group contained names of
individuals who would be harmed with the publication of
their identities.
Hughes contended, through his attorneys, that the records
had no bearing on the suits against The New York Times.
Hughes had spent only a brief time with the grand jury
Thursday when Deputy Circuit Solicitor Howard Sullinger
announced that he would institute contempt proceedings
at the request of the grand jury. :
205¢
Contempt proceedings were stopped when Hughes’ at.
torneys said he would answer the grand jury’s questions
Hughes returned to the jury room, put suddenly came
back out. ‘
oes lwyn had ordered him jailed “gntil you purge your.
self.
Under Alabama law, the minister could have been re
Jeased under bond had the grand jury adjourned. However
the grand jury recessed, instead, until Tuesday morning
{fol. 1495]
Ix Crecurr Covar or Monwtcomery County, ALapaMa
Derenpant’s Exuzerr No. 37
| THE MONTGOMERY ADVERTISER SEP. 6, 196
| JURY MEETS AGAIN TODAY IN RACH STUDY
. BESSEMER (AP)—A Jefferson County Grand Jur
investigating the New York Times’ account. of racial cor
flict in the Birmingham area was scheduled to reconven
Tuesday.
‘A Methodist minister, jailed in connection with his ay
_ pearance before the grand jury, apparently will remain i
jail here at least until that time.
The Rev. Robert E. Hughes was jailed Friday when h
refused to give satisfactory answers to the grand jury
He is executive director of the Alabama Council of Huma
Relations.
The subpoena demanded financial records of the grou}
The minister was ordered jailed by Circuit J udge Garc
ner F. Goodwyn.
Hughes’ attorneys have asked the U. S. Supreme Cou!
to hear a plea to quash the subpoena calling Hughes 1
appear before the grand jury. So far the high court he
taken no action. The attorneys claim Hughes was sul
poenaed illegally.
2054 2055
Ly Cmourr Court or Montcomery County, ALABAMA “Tf fear and terror are common in the streets of Birm-
ingham, the atmosphere in Bessemer, the adjacent steel
Derenpant’s Exuzerr No. 38 suburb, is even worse.”
THE MONTGOMERY ADVERTISER SEP. 7—1960 CITED ESPY CASE
The story went on to mention Barbara Espy, a 19-year
old white woman who complained that she was flogged by
white men who accused her of dating Negroes. She denied
the accusation. Four white men were indicted on assault
and battery charges but have not come to trial.
The Times article also made reference to the reported
attack in Bessemer on the mother and sister of a Negro
student who participated in the so-called “prayer for
freedom.”
[fol. 1497] Before the grand jury started the investiga-
tion Sullinger commented :
JEFFERSON JURY INDICTS TIMES
WRITER FOR LIBEL
BESSEMER (AP)—A grand jury Tuesday indicted
Harrison Salisbury of the New York Times on 42 counts
of criminal libel growing out of articles published about
‘Trace relations in the Birmingham-Bessemer area.
Deputy Cirenit Solicitor Howard H. Sullinger said each
[fol. 1496] of the counts resulted from a series of stories in
the Times last April.
The articles, carrying Salisbury’s byline, dealt with racial
conflict in the area.
Sullinger said he didn’t know yet whether extradition
would be sought.
A State Supreme Court source in Montgomery said
criminal libel would be an extraditable offense. But the
source expressed doubt that the governor of Salisbury’s
home state would grant extradition if Alabama requested
it.
Sullinger said the indictment was filed with Cireuit Court
Judge Gardner F. Goodwyn, Jr., and that the court closed
for the day soon afterward. Goodwyn said he could neither
confirm nor deny the indictments because of an Alabama
law prohibiting official statements about indicted persons
prior to their arrest.
Sullinger declined to discuss the individual counts on
the telephone.
The county grand jury began investigating The New
York Times stories last Thursday. It recessed last Friday
and resumed deliberations Tuesday.
Court officials. said the pr ing of the indictment
against Salisbury would begin Tuesday in the Bessemer
sheriff's office.
The first of the two New York Times articles which
prompted the grand jury investigation said:
» Tf conditions as described in the Times articles are
found actually to exist, our grand jury will do all it can
to remedy those conditions.”
REQUIRE ANSWER
“Tf they don’t exist our county and city officials and
very law enforcement agency in the county have been
# libeled and slandered. If this is libel and slander someone
should be required to answer for it.”
Sullinger said the maximum penalty in Alabama on
onviction of criminal libel is a $500 fine and six months
im prison.
The indictment was reported shortly after a minister,
who was jailed over the weekend, was freed of a contempt
charge.
The minister was released from jail following a four-
hour session with the grand jury Tuesday.
His attorneys claimed a victory for the Rev. Robert BE.
Hughes, saying he went to jail for his refusal to open
records of the Alabama Council on Human Relations, and
= that he never did open the records.
2056
EXECUTIVE DIRECTOR
Hughes, a Methodist minister, is executive director of
the council, an organization with the expressed intent of
improving race relations.
After keeping Hughes in the grand jury room through-
out the morning and midway through the afternoon, Fore-
man J. W. Stallings came out and went before Cireuit
Judge Gardner F. Goodwyn. :
Stallings told Goodwyn that Hughes “fully and faith-
fully answered all questions,” and the judge lifted the con-
tempt citation.
Hughes’ attorneys said he appeared before the grand
jury Tuesday under a new subpoena, which made no men-
tion of the records of the Alabama Council on Human
Relations.
‘An earlier subpoena served on Hughes demanded both
his appearance and the presentation of his organization’s
records. But his attorney said Hughes objected, contending
[fol. 1498] the records had no bearing on the case.
Tw Cracurr Court or Mortcomery County, ALABAMA
Derenpant’s Exurerr No. 39
THE MONTGOMERY ADVERTISER SEP. 9, 1960
METHODISTS BOOT CLERIC HELD IN JAIL
BIRMINGHAM (AP)—The North Alabama Methodist
conference Thursday recalled the credentials of the Rev.
Robert E. Hughes who spent last week-end in jail after he
failed to satisfactorily answer a grand jury.
The action means that he is no longer a minister of the
conference. He still holds a local license in the church.
The conference last year granted Hughes supernumerary
relation for one year under the condition that he accept an
appointment of a church this year.
Hughes appeared before a Jefferson County Grand Jury
last Friday under subpoena demanding records of the Ala-
bama Council on Human Rights.
2057
The minister, executive director of the council, was
jailed on a contempt citation after two brief appearances
‘before the jury.
He remained in jail until Tuesday when he appeared
before the grand jury again.
The grand jury was investigating reports of racial inci-
dents in the Birmingham-Bessemer area as published in
The New York Times last April. The articles carried the
ine of Harrison Salisbury.
Deputy Cireuit Solicitor Howard H. Sullinger said the
grand jury indicted Salisbury on 42 counts of criminal libel.
Hughes’ attorney said his appearance before the grand
ry this week was under a new subpoena which did not
ention records of the Alabama Council on Human rela-
ions.
fol. 1499] After a four-hour session with the grand jury
the contempt citation was lifted.
In Cracurr Court or Moytcomury County, ALABAMA
Derenpant’s Exutsir No. 40
| THE MONTGOMERY ADVERTISER AUG 7, 1960
THE TALK OF THE TOWN
EDITOR THE NEW YORKER MAGAZINE
= NEW YORK, N. Y.
"The talk of the town concerning you, to borrow your
ase, is that you are an incompetent, punk journalist.
. This The Montgomery Advertiser will not illustrate, hav-
waited since your July 16 edition to see if you would
tredeem the tedious fiction concerning Montgomery and this
paper.
You dispatched a bearded jazz music critic up here to
‘ontgomery to write about race relations. This citizen
d not even purged himself of the lies to which he was
ty to in The New York Times before he came here to
inate those lies with more lies and what delicate ladies
barnyard, or moo.
2059
2058
This galoot, Nat Hentoff, was one of the signers of the following a spirited outburst by Allen Rankin, Jr., The
ad in The Times concerning Montgomery. The Times was Advertiser went silent.
forced to make formal acknowledgement that the ad con- fam That’s a lie.
' The truth is that The Advertiser made what was con-
tained lies and is now being sued therefor.
sidered a shattering attack on the policies and the condi-
| Unpurged of his perjury in that connection and un- :
i taught by the experience, this Hentoff went to Mr. Cliff Hons which made possible the bat-swinging incident after
Durr here to get the truth about Montgomery. Durr was the Rankin letter. This attack was as destructive and
an implausible if not preposterous source of information, ‘harsh as the editor could fashion.
for he is as hipped on race-mixing as the cranks who oppose | You are not going to sued for this and the rest, for the
fiuoride in the water. ourt dockets are now congested with the suits against the
rT is intellectually gifted, but he is eredely subjective ndacious New York Times.
in his viewpoints. To have pilloried this newspaper and this We are content to confront you with your mess and the
city on Durr’s emotional, unsupported testimony was out- amage to our repute.
rageous. You will be shamed to know that even friends % If you’re worth a damn as a journalist, you will accept
and fellow radicals of Durr take that view. challenge to send a man here and clean the Augean
[fol. 1500] I will render just two examples of the erude ble which was your July 16 reporting on Montgomery
lies in your “A Conversation In Alabama”. You quote d The Montgomery Advertiser.
Durr as saying: pea oy
“You can see some of the complications just by follow- EDELON, EE ADVEBRTISHE
ing The Montgomery Advertiser,” Mr. (Durr) said, light-
g his pipe. “The father of the present editor was a
wonderful smail-town newspaperman. He won a pulitzer
| Prize after the first war for fighting the Klan, and for a
time his son continued attacking the Klan. But after 1954
| the paper’s line began to waver. It said the members of
‘ the White Citizens Council were different from Klansmen;
they were orderly—legal .. .”
The Advertiser has never wavered for a day or an issue
in its opposition to the Klan. It made it an explosive issue
in the last race for governor. The files are fat with at-
tacks on the Klan. Now and always we refer to the Klan
as “trash”.
At first The Advertiser was indeed hostile to the Citizen
Councils. But then we saw that they were open and cor-
rect in their activities, as well as impotent. As an honest
newspaper, there was nothing to do but correct ourselves
and tell the trath—which would be a salubrious exercise |
for The New Yorker. :
Hentoff then quotes Durr as saying that after the bat-
swinging incident “pressure on the paper” became such that,
fol. 1501]
> In Crourr Court or Montcomery Country, Anapama
Derenpanv’s Exuisrr No. 41
‘HE MONTGOMERY ADVERTISER SEP. 9, 1960
‘AY CLEARED FOR APPEAL BY N.Y. TIMES
BIRMINGHAM (AP)—The way was cleared Thursday
or The New York Times to appeal a federal court ruling
t+ it can be served with libel suits totaling $3,100,000
n Alabama.
Attorney Roderick MacLeod said he will ask the Fifth
ixcuit Court of Appeals in New Orleans to take an appeal.
He said he hopes to complete the application Friday.
: The suits grew out of articles published in The Times last
April dealing with race relations in the Birmingham-
Bessemer area. The articles carried the by-line of Harrison
alisbury.
i
i
2060 2061
Attorneys for The Times challenged service of the suits.
U.S. District Court Judge H. H. Grooms ruled last week
that The Times could be served with suits in Alabama in 4
this case. He said stories that led to the suits were a result
of “work or service in the state of Alabama by Mr. Salis- 3
bury as an employee of the New York Times Co.” ;
In Cmcurr Covrr or Mortcomery County, ALABAMA
Dzrenpant’s Exuisrr No. 42
THE MONTGOMERY ADVERTISER SEP. 10, 1960
USTED CLERIC STILL VAGUE ABOUT FUTURE
BIRMINGHAM (AP)—Robert E. Hughes, stripped of
s ministerial status in the Methodist Church Thursday,
id Friday his “plans for the future are still in the future.”
Hughes, 32, was the Methodist minister jailed over last
aveck- end for contempt of a grand jury investigating re-
ris of racial conflict in the area as published in The New
ork Times.
|, Apparently Hughes’ loss of ministerial credentials is
related to his difficulties with the grand jury.
Hughes credentials were recalled under a conference rule
s from taking fulltime appointments
side the church in place of pastorates.
SPEED TERMINATION
Federal statutes prohibited an appeal from the original
ruling but Grooms amended this Thursday. He said the 3
cases involve a question which, through appeal, might speed 3
up their termination. E
‘A court source said the question involves application of 3
a section of the Alabama Code. The section provides that
any foreign corporation not qualified to do business in the -
state and does business, service or work in the state can
be served with a process through the secretary of state pro- |
viding the cause of action arose out of doing such b
service or work or was an incident thereto.
SEEK $500,000
Suits seeking $500,000 each were filed by Birmingham
City Commissioners James W. Morgan, Eugene Connor and *
James T. Waggoner, and B City C j
Jess Lanier, Raymond Parson and Herman Thompson, Joe %
[fol. 1502] Lindsay, a Birmingham city detective, filed suit ;
asking $100,000.
The suits were served on the Times, contending it is an
out-of-state corporation doing business in Alabama, and o
two part-time correspondents of the Times in Alabama,
contending they were agents of the firm.
Grooms dismissed service of the suits on the two part- 3
time correspondents, saying neither was an agent of the :
Times. :
A Jefferson County grand jury this week indicted Salis- |
bury on,42 counts of criminal libel in connection with the
series of articles.
NOTIFIED LAST YEAR
The North Alabama Methodist Conference notified
raghes last year it would take back his ministerial creden-
if he did not aecept a pastorate.
;. Hughes, executive director of the Alabama Council for
‘ol. 1503] Human Relations, has not taken a church posi-
on
The council, an organization with the expressed intent of
tiering race relations, has no connection with the Metho-
st Church.
Hughes became executive director of the council six years
0, following one year as a pastor.
“I deeply regret this has happened,” Hughes said.
Regarding a possible appeal for reinstatement, Hughes
id he hadn’t yet decided.
-As of now, he still has a license as a local preacher—a
given to laymen who are authorized to preach on
asion.
2062 2063
The Times, in its petition for appeal, pointed out the
appellate court would save the time and expense of seven
= libel trials, should it decide to hear and then uphold the
Times appeal.
The newspaper is questioning validity of service of sum-
mons against it, reporter Harrison Salisbury, and others.
% The summons were served on Alabama’s secretary of
state who then forwarded it to New York via registered
mail.
NO BEARING
A spokesman for the North Alabama Conference said the
grand jury action against Hughes had no bearing on the
conference’s decision.
Hughes was jailed on the contempt charge Sept. 2, follow-
ing two brief appearances before the grand jury.
He said he had been subpoenaed to appear before the
grand jury with records of the Alabama Council on human
relations, and that he refused to open the records of the
council.
He remained in jail over the Labor Day weekend. Then,
when the grand jury reconvened Tuesday, he was served
with another subpoena—this time ordering only his appear- @
ance, and not requiring the council’s records. 4
Hughes then went before the grand jury for about four
hours, and the contempt charge was lifted.
This was done following state law which says any foreign
eorporation not qualified to do business in the state can be
served with a process through the secretary of state pro-
ding the cause of action arose out of doing such business.
«.. The Times, in its petition, said the question of validity
feof service could have far reaching effect on the operation
-of newspapers and could operate to seriously curtail activ-
ies of a paper’s newsgathering activities.
Judge Grooms, in an amended order, said the case in-
olves “a controlling question of law as to which there is
ound for differences of opinion.” He said an immediate
peal might advance the ultimate termination of the ease.
A Jefferson county grand jury this week indicted Salis-
y on 42 counts of criminal libel in connection with the
ies of articles.
Three Birmingham officials and three Bessemer city offi-
#fol. 1505] cials have filed six $500,000 suits against The
fimes. A Birmingham city detective has filed an additional
(00,000 suit.
Iw Cmcorr Court or Monteomury County, ALABAMA
Derenpant’s Exuisir No. 43
THE MONTGOMERY ADVERTISER SEPT. 10, 1960
TIMES APPEALS RULING ALLOWING
ALABAMA SUIT
NEW ORLEANS (AP)—The New York Times Friday
asked the U.S. Fifth Circuit Court of Appeals here to
permit it to appeal a U.S. District Court ruling holding
[fol. 1504] that the newspaper can be sued in Alabama.
At the same time, the Times asked that seven libel suits
against it be consolidated in the appeal.
U. S. Dist. Court Judge H. H. Grooms ruled last week
the Times could legally be served with suits in Alabama.
The libel suits, which stem from articles in the Times
last April dealing with race relations in the Birmingham-
Bessemer area, total $3,100,000. #
The Times had to ask permission to appeal because the
case has not yet gone to trial on its merits. There is no j
time limit under which the appellate court must act to grant @
or turn down the request for appeal.
In Crecurr Courr or Montcomzry Counry, ALABAMA
Derenpant’s Exuisrr No. 44
[E MONTGOMERY ADVERTISER SEP. 11, 1960
NTROVERSIAL CLERIC GIVEN AFRICAN DUTY
BIRMINGHAM (AP)—The Rev. Robert E. Hughes
urday was restored to his ministerial status in the North
ama Methodist Conference and will be transferred to
a. #008 2065
The minister’s credentials were recalled earlier this week 4
under a conference rule prohibiting ministers from taking /
fulltime appointments outside the church in place of pas-
: torates.
A state court judge at Montgomery and a federal judge
at Birmingham have ruled that The New York Times can
= be sued in Alabama courts.
_ And a Grand Jury at Bessemer, near Birmingham, in-
Hughes became executive director of the Alabama Coun- icted a Times reporter, Harrison E. Salisbury, on 42
cil for Human Relations six years ago and has not taken J -eounts of criminal libel for a series of stories he wrote on
a church. a cial conditions.
The conference notified him last year it would recall his 3 :
ministerial credentials unless he accepted a pastorate. 3
Prior to the action Saturday Bishop Bachman G. Hodge 4
told the conference that if Hughes was restored to min- 4
isterial status he would be transferred immediately to the
Southern Rhodesia Conference in Africa.
i Hodge said the national Methodist Board of Missions
; said that Bishop Ralph E. Dodge of the Southern Rhodesia
Conference would accept Hughes for immediate assignment.
The minister, a native of Gadsden, Ala., was accepted as
an elder in the North Alabama Conference in 1955, the year
he became executive director of the human relations council.
The organization has the expressed intent of improving 3
race relations. It has no connection with the Methodist
Church.
Hughes, 32, was jailed last weekend for contempt of a
Jefferson County grand jury investigating reports of racial @
[fol. 1506] conflict in the area as published in The New
York Times.
COULD APPLY TO OTHERS
The two court decisions, and the Grand Jury action, dealt
‘only with The Times and Salisbury. But they could apply
to other newspapers as well.
Another paper could be sued for libel—as The Times has
en—in Alabama Courts.
And another reporter could be indicted for criminal libel
a Grand Jury concluded—as the jury at Bessemer did—
t his writing “may tend to provide a breach of the
Seven libel suits seeking damages of $3.1 million have
een filed in federal court in Birmingham because of the
isbury stories. Four others, on file in State court at
Montgomery, grew out of a full-page advertisement in the
ew York paper.
In preliminary hearings in both courts, Times attorneys
ere overruled in their contention that the newspaper could
@ifol. 1507] be sued only in New York, where it is published.
For different reasons, because the circumstances were
ifferent, Circuit Judge Walter B. Jones in Montgomery
US. District Judge H. Hobart Grooms of Birmingham
id the suits can be tried in Alabama.
Iw Crrcorr Courr or Monteomery County, ALaBaMa
Derenpant’s Exurprt No. 45
DOES BUSINESS HERE
Jones ruled that the newspaper does business in Alabama
nd, therefore, is subject to suit in state court. He based
his on his finding that the Times:
1 Gathers news in Alabama through staff reporters and
art-time correspondents.
. Solicits advertising in the state.
| THE MONTGOMERY ADVERTISER Sep. 25, 1960
i STATE FINDS FORMIDABLE LEGAL CLUB TO
i SWING AT OUT-OF-STATE PRESS
: By Rex Thomas AP Staff Writer
Be ia State and city authorities have found a formidable legal 4
pludgeon to swing at out-of-state newspapers whose re-
porters cover racial incidents in Alabama.
8. Sells newspapers in Alabama.
2066
Under the same set of circumstances, the decision prob-
ably would apply to another newspaper—if the court found
that it does business in Alabama.
Three of the suits in state court, for $500,000 each, were '
filed by Montgomery Mayor Earl James, and City Commis-
sioners Frank Parks and L. B. Sullivan. The other, asking
$1 million, was filed by Gov. John Patterson.
They grew out of a full page advertisement in The Times
soliciting funds for the defense of the Rev. Martin Luther
King, Jr. when he was facing trial on charges of falsifying
state income tax returns. The Negro integration leader
later was acquitted by an all white jury in state court.
PUBLIC RIDICULE
The ad criticized the handling of student demonstrations
last spring at Alabama State College, a Negro school in s
Montgomery. Patterson and the city officials complained |
they were held up to public ridicule and embarrassment by
some of the charges in the advertisement.
Also named as defendants in all four libel cases were 3
four Alabama Negro leaders whose names appeared as %
sponsors of the ad. The Negroes are the Rev. F’. L. Shut-
tlesworth of Birmingham, the Rev. Ralph D. Abernathy
and the Rev. S. S. Seay, Sr. of Montgomery, and the Rev.
[fol. 1508] J. E. Lowery of Mobile.
Patterson’s suit added King as a sixth defendant.
The question of doing business in Alabama was not in-
volved in Judge Grooms’ ruling in Birmingham. He based
his findings on the contention that Salisbury’s stories re-
sulted from “work” or “service” he performed while in
Alabama gathering information.
TIMES CONTENTION
Times attorneys contended the libelous action, if there 3
was any, was committed when the stories were published |
in New York and not because of the work done by the :
reporter in Alabama.
Both decisions, by Jones and Grooms, are subject to
reversal in higher courts, and the New York paper has
already asked the U.S. 5th Cireuit Court of Appeals for %
permission to appeal.
edames T. W and B
2067
Under federal rules, a permit is necessary before an
eappeal can be filed, since none of the libel suits has been
tried on its merits.
But unless and until they are overturned, the decisions
handed down by Jones and Grooms are binding.
And under the reasoning followed by the federal judge,
any out-of-state paper that assigns a reporter to cover a
ory in Alabama could be held accountable in Alabama
Six of the suits growing out of the Salisbury series ask
mefor $500,000 each and were filed by Birmingham Mayor
lames W. Morgan and Commissioners Eugene Connor and
V. City Commissioners
fess Lanier, Raymond Parson and Herman Thompson.
‘DYNAMITE OF RACISM’
The other, for $100,000 was filed by Birmingham City
etective Joe Lindsay.
Salisbury pictured Birmingham as a city filled with
notional dynamite of racism”; as a city where telephones
e tapped and mail intercepted and opened, and as a
ity where “the eavesdropper, the informer, the spy have
some a fact of life.”
The Grand Jury which indicted Salisbury took a close
ook at the series he wrote, and Deputy Cirenit Solicitor
oward Sullinger promised to recommend speedy remedial
ion if the conditions Salisbury described were found
fol. 1509] to exist.
‘The newsman himself was invited to testify, but declined.
Because of criminal libel being a misdemeanor with a
naximum pehalty of six months in jail and a $500 fine on
ch count, there is doubt whether Salisbury could be
Bforced to return to Alabama to answer the charges. Even
he could be extradited, Gov. Nelson A. Rockefeller of
lew York would have to consent.
NEED NOT APPEAR
Salisbury is a defendant in all seven of the libel suits
mm file in Birmingham, but court officials say he will not
e to appear in person if and when they are tried.
2068 2069
If he did, he might subject himself to arrest on the
criminal libel indictment. But again, he might be immune
i to arrest as long as he is in court as a defendant. Sullinger, |
ie declined to speculate on that question. 2
Neither would the prosecutor disclose the details of the |
42 counts in the indictment. He said they must be kept
seeret, under Alabama law, until the defendant is in custody 3
and bond is set. 2
No date has been fixed for trial of the libel suits in |
Birmingham because of the pending request for an appeal. 3
Those in Montgomery are on the Circuit Court docket fo:
October, but they may be continued at a later term. ‘
Before indicting Salisbury, the Bessemer Grand Jury had
arunin with a Methodist minister, The Rev. Robert Hughes,
who has taken an active part in racial affairs as executive
director of the Alabama Council on Human Relations. Hi
spent four days in jail for refusing to divulge the names
of members of his organization, whose expressed purpos
is the betterment of race relations in Alabama.
In Cimcurr Court or Montcomery County, ALABAMA
Derenpant’s Exuisrr No. 46
THE MONTGOMERY ADVERTISER SEP. 22, 1960
TIMES LOSES BID TO DELAY LIBEL TRIALS
Attorneys for the New York Times have lost their bid
to put off libel suits by Montgomery’s three city commis-
sioners until next January.
Cireuit Judge Walter B. Jones Wednesday turned down
Ae sgvien to delay the trials, now on the court docket for
et. 31.
The New York Times is being sued by Commissioners
at James, L. B. Sullivan and Frank Parks for $500,000
The three city officials say they were libeled in an ad-
vertisement that sought funds for the legal defense of in-
tegration leader Martin Luther King.
They say that the advertisement, which alleged that op-
wpression had been used against Negro students at Alabama
State College, defamed them and pictured them as derelict
in the discharge of their duties.
CREDENTIALS RECALLED
Later, Hughes’ credentials as a minister were recalled b;
the North Alabama Methodist Conference but the confe:
ence said it had nothing to do with the Grand Jury investi
gation.
The action was taken, the conference said, because
Hughes had failed to assume the pastorate of a church.
[fol. 1510] Still later, he was reinstated as a minister and :
transferred to the Southern Rhodesia Conference as a mis- |
sionary to Africa. He said he welcomed the transfer.
‘Whether Hughes was one of the persons Salisbury talked 4
to while in Birmingham was not made known. i
REJECTED ARGUMENTS
' Judge Jones Wednesday also rejected arguments by at-
torneys for the city commissioners that the New York paper
Febe forced to answer questions on the truth or falsity of {
statements appearing in the Times advertisement.
It is up to a jury to decide whether the statements are Y
true, Jones ruled. But he also ruled that the Times can
[fol. 1511] be forced to whether it contends that the state!
nents are true.
- Local attorneys Sam Rice Baker and Roland Nachman,
epresenting the plaintiffs, had argued that the questions
fincluded in their interrogatories had a bearing on whether
whether malice was involved.
2070
2071
FOR JURY
Roderick MacLeod and Eric Embry of Birmingham, at-
torneys for The Times, contended that the question of the
truth of the statements was for the jury to decide.
They also argued that they should not be forced to re-
veal what efforts had been made to check the truth of the
statements in the advertisement.
“News stories about or relating to the place,” he said,
“are not doing business.”
Nachman, on the other hand, argued that “We have the
right to discovery.”
He said that daily issues of the Times for more than
three years were needed to show whether the New York
paper had systematically engaged in gathering news from
Alabama.
RULING PROMISED
“Tf a newspaper systematically gathers news in a state,
it does business there,” he said.
Judge Jones promised a ruling in the matter in “two
or three days.”
The suit against the New York Times was filed by Mont-
gomery’s three city commissioners following an advertise-
ment that sought funds to aid integration leader Martin
patie King in his court defense against perjury charges
ere.
Ty Cyacurr Covrr or Mowreomery Oounry, Anapama
Derenpant’s Exursrr No. 47
THE MONTGOMERY ADVERTISER JUN 8, 1960
ISSUE OF BACK ISSUES ARGUES IN
NEW YORK TIMES SUIT HERE
Whether the New York Times should be forced to bring
back issues of daily newspapers and other documents re-
lating to advertising and other business dealings in
bama was argued before Circuit Judge Walter B. Jones
here Tuesday.
Roland Nachman, member of the legal firm of Steiner,
Crum and Baker, representing Montgomery city commis-
sioners in their libel suit against the New York newspaper,
maintained the records were necessary to attorneys for the
plaintiffs. g
Eric Embry, representing the New York Times, called
the request for documents a “fishing expedition.”
LIBRARY COPIES
He argued that attorneys for the city commissioners 4
could persue copies of the Times at the local library and
{fol. 1512] elsewhere. And he maintained that other docu-
ments were described so vaguely that the newspaper would
not know what was required.
He specifically maintained that The New York Times
was not doing business in Alabama by virtue of news stories
emanating from this state.
Ix Crrcvir Court or Mowrcomery County, ALABAMA
Drrenpanv’s Exuterr No. 48
THE MON’ TGOMERY ADVERTISER MAY 16, 1960
AY. TIMES RETRACTS TWO AD PARAGRAPHS
NEW YORK (AP)—The New York Times, acting on a
‘protest by Gov. John Patterson of Alabama, Sunday night
retracted part of a recent paid advertisement of “The Com-
mittee to Defend Martin Luther King And The Struggle
‘or Freedom In The South.”
The advertisement, published in The Times March 29,
Dore the names of a number of actors, writers, entertainers,
= (fol. 1513] clergymen and others prominent in public life.
Tn its statement The Times said:
- “Since publication of the advertisement, The Times made
an investigation and consistent with its policy of retracting
id correcting any errors or misstatements which may ap-
—
2072 2073
pear in its columns, herewith retracts the two paragraphs Ty Cmcvurr Courr or Mowreomery County, ALapama
complained of by the governor.
A letter sent by the governor May 9 called for the re-
traction on grounds that the advertisement charged him
with “grave misconduct and of improper actions and omis-
sions” as governor and ex-officio chairman of the state
board of education.
The Times said the paid ad was received in the normal
course of business and does not reflect Times editorial
judgment or opinion.
Stating that it never intended to suggest any such charge
by its publication, the paper said:
Derenpant’s Exutsrr No. 49
THE MONTGOMERY ADVERTISER AUG. 2, 1960
JONES STUDIES TIMES MOTION TO SHIFT SUIT
By Arthur Osgoode
Terming the case one of the most interesting he has
heard in years, Cireuit Judge Walter B. Jones Monday took
under advisement the question of whether one of the world’s \v
leading newspapers can be sued for libel in an Alabama
‘ourt.
The New York Times has sought to prove through its
attorneys that it is an out-of-state corporation, and that
Montgomery’s three city commissioners must sue it in New
York courts.
“To the extent that anyone can fairly conclude from the
statements in the advertisement that any such charge was
made, the New York Times hereby apologizes to the Hon.
John Patterson therefor.”
“The two retracted paragraphs are: so :
“ The big question in the hearing ended by final argu-
‘In Montgomery, Alabama, after students sang ‘My ents Monday is roughly this: Just how broadly does the
Country, "Tis of Thee’ on the state capitol steps, their S. Supreme Court interpret the concept of “doing busi-
Jeaders were expelled from school, and truckloads of police | ness.” TT
armed with shotguns and tear-gas ringed the Alabama State
College campus. When the entire student body protested
to state authorities, by refusing to re-register, their dining
hall was padlocked in an attempt to starve them into sub-
mission.
“Again and again the southern violators have answered
Dr. King’s peaceful protests with intimidation and violence.
They have bombed his home, almost killing his wife and
child. They have assaulted his person. They have arrested
him seven times—for ‘speeding, ‘loitering’ and similar
‘offenses.’ And now they have charged him with ‘perjury’
—a felony under which they could imprison him for 10
years.
SITE CHALLENGED
The hearing itself was over a motion on the part of the
jefendant newspaper to have the court declare that it can-
ot be properly served with the complaint against it in
Alabama.
Roland Nachman and Sam Rice Baker, members of the
local legal firm of Steiner, Crum and Baker, Monday set
‘orth their arguments as to why the New York Times should
‘be sued here by Commissioners Earl James, L. B. Sullivan
Nachman said the question is whether a plaintiff “has
go 1200 miles away” to have his grievance against a
e firm heard.
[fol. 1515] He urged that the New York Times “carries
E on significant activities” in Alabama, and hence does busi-
ss in the state.
He pointed to visits by Times News writers, sales of
vertising to Alabama groups, and the fact that the Times
Gov. Patterson was reported late Sunday night to be
[fol. 1514] out of town and not immediately available
for comment. Press Secretary Harry N. Cook said
Patterson was in Birmingham where he was to ad-
dress the Committee of One Hundred.
2074
has three “string correspondents” in this state that fur-
nish it with Alabama news.
SALE OF INDEX
These activities, along with others involving circulation
and the sale of the New York Times Index, constitute a
sustained and systematic business activity, Nachman held.
Baker held that The Times attorneys had in effect con-
ceded that they could be tried in state courts by making a
“genera] yearance.”
This phrase means that The Times attorneys went be-
yond the special purpose of fighting the issue of state court
jurisdiction, and went into matters pertaining to the actual
libel charges.
Baker also pointed to what he described as close rela-
tions between The Times and its “stringers.”
When it sought to determine whether the advertisement
over which it is being sued contained inaccuracies, said
Baker, it gave this “super-delicate” task to Don McKee,
Advertiser state editor and local Times correspondent.
Rod MacLeod, of the Birmingham firm of Beddow,
Embry, and Beddow, argued on the other side that “state
lines would virtually cease to exist” so far as court suits
are concerned if Judge Jones rules against The Times.
The Birmingham firm of which MacLeod is a member is
representing The Times in the local suit.
MacLeod argued that the New York paper gets only a
minute part of its advertising and circulation revenues
from Alabama.
Since it maintains no office, bank account, or real estate :
and has no regular employes in this state, it does not do
business in Alabama on a regular basis, said MacLeod.
He argued that The Times has “no substantial part of |
its corporate functions” in Alabama and hence is not liable |
[fol. 1516] to suit in state courts.
Also arguing against the propriety of the suit in Ala- @
bama was Ron Diana, of the New York firm of Lord, Day j
and Lord.
Diana went to the constitutional issues in the case, argu. ;
ing that such a suit would violate the rights of The Time:
as a corporation.
2075
CASES CITED
Both Diana and Nachman cited numerous eases to sup-
port their opposing arguments.
The suit itself is over an advertisement in The Times
which sought funds to defend the Rev. Martin Luther King
in his trial here for falsely reporting his income in a state
income tax return. He was acquitted by a local jury.
5 The three commissioners charge that they were damaged
= by the advertisement, since it implied that there was denial
rights and that they were derlict in protesting the rights
of local Negro demonstrators. Each is asking $500,000.
Judge Jones is expected to rule on the case within a
week to 10 days.
Jones’ ruling in the case may decide whether other simi-
. lar suits will be pressed. Gov. John Patterson has sued
The Times for a million dollars over the same advertise-
© ment that brought the suit by the local city officials.
4 Still other suits could be tried over a story by Harrison
. Salisbury dealing with the racial situation in Birmingham,
if the Times is held to be amenable to suit in state courts.
In Circurr Court or Monrcomery Counry, ALABAMA
Darenpan’s Exursrr No. 50
THE MONTGOMERY ADVERTISER Oct. 29, 1960
N.Y. TIMES LOSES BID TO FEND OFF LIBEL SUIT
By Arthur Osgoode
Legal arguments against a libel suit by Montgomery city
‘ol. 1517] commissioners were brushed aside by Circuit
udge Walter B. Jones Friday.
Turning thumbs down on attorneys for The New York
“mes who argued that an advertisement appearing in
paper did not libel the local officials, Jones set the trial
10 a.m. Tuesday.
“The advertisement out of which the suits arose was pub-
ished on March 29.
soo Ny
2076 2077
Seeking funds for the defense of the Rev. Martin Luther
King in his then-impending trial for false statements on a
state tax return, the ad charged oppression of Negro stu-
dents at Alabama State College.
He called the language in the ad “devastating in the ex-
treme,” which he said was precisely what was intended by
the framers of the ad.”
As to whether Sullivan, whose suit is the first set for
trial, was sufficiently singled out in the ad, Nachman argued
that the advertisement described activities of Montgomery
e police whom Sullivan directly supervises as police commis-
sioner.
He also cited Alabama cases to disprove the contention
of Times attorneys that the suit improperly cited three
separate places at which the alleged libel was committed.
Co-defendants in the case are Negro minister Ralph D.
Abernathy and Solomon Seay, Sr., of Montgomery, Fred
Shuttlesworth of Birmingham, and J. E. Lowery of Mobile.
Their names appeared as endorsers of the ad, but not as
members of the committee which had it published.
King, who has led Negro integration activities in both
Montgomery and more recently in Atlanta, was acquitted
@ of perjury by a Montgomery jury subsequent to the appear-
ance of the Times ad.
‘Students Expelled’
Among other things, it said that student leaders were
expelled after a Negro group sang “America,” on the steps
of the Alabama Capitol.
Afterwards, the ad continued, police ringed the campus
here with guns and tear gas, and the student lunchroom
was closed to starve the demonstrators into submission.
Montgomery’s three city commissioners—Mayor Earl
James, Frank Parks and L. B. Sullivan—sued for $500,000
each, asserting that they were defamed and that the ad
pictured them as derelict in the performance of their duties.
Gov. John Patterson also brought suit over The Times
ad, asking for a million dollars.
Birmingham attorney Eric Embry, representing The
Times, Friday argued that the suit was improper in that
it joined three improper offenses in one count by listing
Montgomery, New York City, and all of Alabama as places
in which the alleged libel took place.
In Crrcurr Court or Monteomery County, ALABAMA
. DerenpaNt’s Exurerr No. 51
FURTHER MAINTAINS
Embry further maintained that the complaint failed. to
show that the alleged libel concerned the plaintiff, or that ©
he had suffered damage from the statements in the adver-
tisement.
“The general public could have been referred to,” he said,
in pointing out that the advertisement referred to “South-
ern violators.”
[fol. 1518] Negro attorney Solomon Seay, who represents
four Alabama Negro ministers who are co-defendants, ar.
gued that a whole class of people, and not specifically the ©
commissioners, was referred to in the advertisement, which
also cited racial incidents in other Southern states.
Roland Nachman, representing the city commissioners,
urged before Jones that the advertisement did not contain 3
innuendo but “perfectly plain” libel.
ee ee
THE MONTGOMERY ADVERTISER NOV. 1, 1960
TIMES LIBEL SUIT OPENS HERE TODAY
fol. 1519] The first of a series of court suits calling The
few York Times to account for statements regarding racial
matters in Alabama begins here Tuesday.
The $500,000 libel suit of L. B. Sullivan is one of three
ought by Montgomery city commissioners over an adver-
ment that appeared in the New York paper.
A similar suit, over the same advertisement, has also
n filed in Circuit Court by Gov. John Patterson, who
ks a million dollars in damages.
2078 2079
JONES PRESIDES
Cireuit Judge Walter B. Jones will preside at the trial
opening Tuesday which will be decided by a local jury.
The advertisement which brought on the suits appeared
in the Times last March when Negro integration leader
Martin Luther King was facing trial in Montgomery for
perjury.
It sought funds for King’s defense, basing its appeal in
part on an account of oppressive measures used against
local Negroes demonstrating against forced segregation.
According to the advertisement, student leaders at Ala-
bama State College were expelled after students gathered
at the steps of the Capitol here to sing “America.” s
Last Friday, Judge Jones declined to throw out the suit
after a pre-trial hearing in which the Times’ attorneys
argued the suit was improper. He had earlier ruled his
court has jurisdiction in the case.
Representing the New York paper are the firm of Bed-
dow, Embry and Beddow, of Birmingham, and two mem-
bers of Lord, Day, and Lord, the New York firm which is
retained by The Times.
Representing the city officials are the local firm of
Steiner, Crum and Baker and Calvin Whitesell, a city at-
-torney.
The Times also faces seven other suits, filed in Birming-
ham over stories by reporter Harrison Salisbury about
facial relations in that area.
STATEMENTS FALSE
It was also charged that police ringed the campus with |
shotguns and tear gas, and that the student Junchroom was -
padlocked to starve d trators into submissi 5
The three city commissioners and the governor say that 4
these statements were false and that their publication sub-
jected them to public ridicule and contempt, damaging their
reputations.
They further maintain they were damaged in their repu-
tations as to the manner in which they discharge their
official duties.
A final plea has been entered by attorneys for The Times, &
in which they sought to show that there was no malice
intended in the advertisement. The plea Was based on
New_York law, on the basis of the advertisement being 4
published in New York. --_____
EVA ee ae en SOF
Ty Crcurr Covrr or Montcomery County, ALapama
Derenpant’s Exuzsrr No. 52
HE MONTGOMERY ADVERTISER NOV 1, 1969
RORS SELECTED FOR TIMES SUIT
Police Commissioner L. B. Sullivan’s $500,000 suit
inst The New York Times got off to a slow start this
pmorning, the majority of the time being taken for selection
pol a jury.
Times attorneys questioned all jurors at length concern-
ig their feelings toward any position the New York news-
er might have taken and any connection the jurors
ight have with Sullivan’s lawyers or the City of Mont-
mery.
fol.1521] Two Negroes were among the original 37
Jurors called for service this week, however they were im-
ediately struck from the list by attorneys for Sullivan.
[fol. 1520] FOUR MINISTERS
Co-defendants with the Times in the case opening Tues-
day are four Alabama Negro ministers, the Rev. Ralph
Abernathy and the Rev. Solomon Seay, Sr. of Montgomery,
the Rev. F. L. Shuttlesworth of Birmingham, and the Rev.
J. E. Lowery of Mobile.
They are being defended by Negro attorneys Fred. Gray |
and Solomon Seay, Jr.
JURORS SEATED
Jurors who will hear the controversial case, which is
pected to last all week are John B. Sanford, Boland R.
bright, John O. Boswell, Patrick T. Cahalin, Richard C.
2080
Croy, Guy Davison, Carl Henry, Billy R. Miller, J. Auburn
Moorer, Joseph W. McDade, Henry W. Rawls, and John
R. Rigsby.
Sullivan’s suit is one of three libel actions brought
against The Times and four Alabama Negroes based on an
advertisement which ran in The Times March 29.
The ad, placed in the newspaper by the Committee to
Defend Martin Luther King and the Struggle for Freedom
in the South, allegedly libeled Sullivan and city commis-
sioners Earl James and Frank Parks in refering to police
action taken in regard to Negro student demonstrations
here.
2 OTHER CASES ON FILE
James and Parks have also each sued for $500,000.
Named as defendants, along with The New York Times,
are Negro ministers Ralph D. Abernathy, Solomon S. Seay,
Sr., Fred H. Shuttlesworth and J. E. Lowery, all of whom
endorsed the advertisement.
According to one of Sullivan’s attorneys, Roland Nach-
man, The Times retracted the incorrect portions of the ad
referring to Montgomery to Gov. John Patterson, but never
to Sullivan himself.
No retractions were ever made by the Negro defendants
in the case, Nachman said.
Attorneys for The Times denied that the ad in question
libeled Sullivan and said no where in the advertisement was
there any reference to Sullivan or the police department.
JUDGE JONES PRESIDES
The Times had no reason to believe that material in the
ad was false because it received the ad from a reputable
advertising agency, said Atty. T. Erie Embry of Birming-
[fol. 1522] ham who represents the newspaper in the suit.
Sullivan’s suit charged The Times with falsely and
maliciously publishing the alleged libelous matter and asks
for both general damages and punitive damages against
the newspaper.
Opening statements as to what they expected to prove
were given the jury by attorneys on both sides of the con-
2081
= troversy before the court recessed for lunch. Testimony
& will begin this afternoon.
- Cirenit Judge Walter B. Jones is presiding over the
case.
Attorney Fred Gray, representing the Negro defendants,
told the jury that his clients did not sign the ad, were not
3 bers of the ittee which published the ad, were
never approached by that committee as to the use of their
names, and in fact did not know that the ad was to be run.
“What happened to them could happen to you or anyone
else,” Gray said.
Iy Circurr Courr or Monrcomery County, ALABAMA
Dsrenpant’s Exurrr No. 53
THE MONTGOMERY ADVERTISER NOV. 2, 1960
WITNESSES SAY AD REFLECTED ON SULLIVAN
By Arthur Osgoode
The $500,000 libel suit of Montgomery City Commissioner
L. B. Sullivan against the New York Times opened in Cir-
euit Court Tuesday, with most of the testimony bearing on
whether Sullivan was sufficiently identified in an advertise-
ment to have been libeled.
Defense attorneys made little effort to back up the truth
of stat ts in the adverti t.
sive treatment of demonstrating Negro students.
The advertisement in question, which also brought suits
by the other two city commissioners and Gov. John Patter-
son, sought funds to defend the Rev. Martin Luther King
in his perjury trial here.
[fol. 1523] Attorneys for Sullivan presented a series of
witnesses who testified they believed statements in the ad-
vertisement reflected on Sullivan and the Montgomery
: police.
Defense attorneys in cross examination of several of the
witnesses got them to say that they personally did not be-
lieve the statements and that they thought no less of Sulli-
van afer having read them,
which charged oppres-
{
2082
After lengthy questioning of witnesses by defense attor-
neys as to connections with the plaintiffs or their attorneys,
a jury of 12 white men was selected.
Two Negroes called for jury service were the first to be
stricken by attorneys for Sullivan.
In opening arguments, attorney Roland Nachman, repre-
senting Sullivan, said the suit was designed not only to
compensate Sullivan but “to deter these defendants from
ever doing anything like this again.”
He said he expected evidence would show the Times
failed to make an asked-for retraction to Sullivan, but that
a retraction was made when demanded by Gov. John
Patterson.
As to Sullivan’s not being identified by name, he said it_ 4
was “not necessary that the ad name Mr. Sullivan.” And he
pointed to references to alleged police acts which he said
clearly reflected on Sullivan in the performance of his
duties.
VIGOROUS DENIAL
Eric Embry, representing the Times, vigorously denied
the advertisement charged misconduct to Sullivan. Not by
“the wildest stretch of inference” could it be construed as
referring to the police commissioner, he said.
He said the New York paper never had any first hand
knowledge of whether the statements were true or false,”
and published them after they were received from a reput-
able advertising agency.
Embry said a retraction was made in the case of Gov.
Patterson because of his high position in the state, though
the Times did not believe he had been libeled.
The plaintiff's case opened with a reading of the ad-
[fol. 1524] vertisement in question by Calvin Whitesell,
repr ting the city on.
SHARP PROTEST
The reading brought a sharp protest from Negro attor-
ney V. Z. Crawford of Mobile, representing four co-defen.
dants Negro ministers, the Revs. Ralph Abernathy, Sol
mon Seay, Sr., F. L. Shuttlesworth, and J. HE. Lowery.
2083
Crawford objected to what he said was the substitution
of the word, “nigger” for Negro, Whitesell said he was
only using the pronunciation he had used all his life.
The pertinent sections in the advertisement referred to
“truckloads of police armed with shotguns and tear gas”
ringing the Alabama State College campus to quell student
demonstrations, and to expulsion of student leaders after
a gathering on the Capitol steps during which Negroes
sang “My Country, "Tis of Thee.”
. Still another paragraph says: “Again and again the
Southern violators have answered Dr. King’s peaceful
protests with intimidation and violence. They have bombed
his home, almost killing his wife and child. They have as-
. saulted his person. They have arrested him seven times—
for ‘speeding, ‘loitering,’ and similar ‘offenses.’ And now
they Have charged him with perjury—a felony under which
; they could imprison him for 10 years.
EDITOR WITNESS
| First witness for Sullivan was Grover C. Hall, Jr., editor
of The Advertiser, who said that after reading the state-
ments concerning Montgomery, “J think Td associate it
with the city gover t—the city ec
Asked whether the statements in the advertisement would
affect his opinion of the commissioners, Hall referred
> specifically to the charge that the lunchroom at Alabama
E State College had been padlocked to starve students into
submission.
form of reprisal.
Hall was cross-examined by Crawford on whether he was
‘ol. 1525] more widely informed than ordinary readers,
‘so that his was an “expert opinion.” He also drew from
Hall the statement that at the time the advertisement ap-
ed his relations with Sullivan were not good, though
ey have since improved.
Succeeding witnesses were real estate and insurance man
nold Blackwell, Advertiser Assistant Editor William
Donald, clothing store manager Harry Kaminsky, service
ion operator William M. Parker, Jr., and H. M. Price,
operator of a food service equipment business.
Hall said he thought starvation was an “indefensible” |<
2084 2085
PERSONAL FRIEND
Blackwell, Kaminsky, Parker and Price testified they
knew Sullivan personally, and they thought the advertise-
ment would have injured him in their eyes if they had be-
lieved statements regarding action of local police.
Price said he would have “believed Sullivan was running
a young gestapo” in Montgomery and Parker that Sullivan
was using “strongarm” tactics.
Embry questioned each of his personal relations with @
Sullivan and on whether each thought Sullivan was re-
ferred to in specific statements in the advertisement.
Each of the witnesses was questioned on whether pad-
locking of the college lunchroom or expulsion of the stu-
dents could be regarded as chargeable to Sullivan under
eross examination. lated. He said Rustin felt it would not be necessary to seek
Embry also questioned Kaminsky closely on whether he F the consent of the ministers because he felt sure they would
believed the police commissioner could be held accountable approve the advertisement.
for all misconduct of police officers. Earlier, said Murray, he and two other writers had writ-
Kaminsky replied that he thought the police commis- ten the advertisement from material furnished them by
sioner was accountable for actions of subordinates. Rustin, which they sought to put in “an appealing form.”
He told the Court at the time he had no reason to be-
ve the material was not accurate.
- armed forces film seripts, appeared for the four Negro
co-defendants.
All four—the Revs. Ralph Abernathy and Solomon
Seay, Sr., of Montgomery, Fred Shuttlesworth of Birm-
ingham, and J. H. Lowery of Mobile—had denied on the
stand that they had any knowledge of the ad or had au-
thorized use of their names in it.
SUDDEN ‘IDEA’
Murray said the names of the four appeared as a re-
sult of a sudden idea on the part of Bayard Rustin, pro-
fessional organizer and a signer of the advertisement.
Rustin took the names from a list of ministers in the
Southern Christian Leadership Conference, Murray re-
[fol. 1526]
Is Crrcurr Court or Montcomery County, ALapaMa ‘COMPLETELY FALSE’
Sullivan called sections of the advertisement portraying
‘ol. 1527] suppression of Negro demonstrators at Ala-
a State Capitol “completely false.”
He added that, “I resent-it very much.”
Referring to a paragraph in which it was alleged that a
liege lunchroom was closed to starve students into sub-
emission Sullivan said that “in my opinion, it never hap-
spened in the city of Montgomery.”
He also said it was false that Negro integration leader
rtin Luther King had been arrested here several times
Seamed -up offenses or been assaulted by a Montgomery
Derenpant’s Exuisrr No. 54
THE MONTGOMERY ADVERTISER Nov. 3, 1960
WRITER OF AD TAKES STAND IN LIBEL TRIAL
By Arthur Osgoode 2
ONLY CLOSING ARGUMENTS REMAIN IN THE
$500,000 libel suit against the New York Times by City
Commissioner L. B. Sullivan, with all indications that the
ease will go to a Cireuit Court jury Thursday.
Testimony was completed Wednesday night. Highlights
included the appearance on the stand of the plaintiff, Si He "angled out the statements alleging the arrests of
livan, and a New York writer who said he helped write the g¢ and the ringing of the college campus by “truckloads
advertisement that led to four local libel suits. police” as reflecting on his performance as police com-
The latter,John Murray, who described himself as a i
former movie scenario writer and author of indusirial a
2086 2087
He cited Dr. Harry Emeson Fosdick, Mrs. Franklin D.
| Roosevelt, Mr. Harry Belafonte, Sidney Poitier, Norman
Thomas, Marlon Brando and Mrs. Ralph Bunche.
3 But Redding conceded that it was “a fair statement”
; that he made no attempt to check the accuracy of the state-
ments made.
Gershon T. Aronson of The Times advertising depart-
ment said he took the order, for the ad, which was from
Union Advertising Service, “a regularly recognized
agency.”
= He also said he saw no reason to question the accuracy
E of the ad which he merely “scanned hurriedly.”
Other witnesses, who appeared for the plaintiffs Wed-
nesday were City Dt. Lt. E. Y. Lacy and Advertiser Manag-
ing Editor L. P. Patterson. Lacy said city police worked
erfime to fmd who bombed the home of Martin Luther
King.
He said the advertisement was “associated with me when
it describes police activities.” He said he felt it “reflects
on my ability, my integrity, and it has been established
here that it is not true.”
ILL AT EASE?
Sullivan was pressed by defense attorney Erie Embry
as to whether he felt he had been damaged by the adver-
tisement.
“Do you feel ill at ease in walking the streets of Mont-
gomery?” asked Embry?
“No, no one has come up to me personally,” answered
Sullivan, but added that he did not know what effect the
advertisement might have had on others.
But Sullivan conceded that the ad had not damaged his |
Feputation in any cbvions Wey or eee ms we deial Tife.
Negro attorney V. Z. Crawford of Mobile asked Sullivan
if the suit was a basis for “statewide publicity for running
for another office.” But the question was ruled improper. 3
Three Times employes, including the secretary of the
newspaper, Harding Bancroft, testified. Bancroft said that
no retraction was made to Sullivan because it was believed
that he had not been libeled in the ad.
But, he contniued, a retraction was made in the case of
[fol. 1528] Gov. John Patterson, because the paper did not
intend “any reflection on the State of Alabama,” of which §
the governor was “the embodiment.”
SAW ADVERTISEMENT
‘Patterson said he saw the advertisement in The Times
d noted some “facts that were strange to me—that I’d
ver heard of before.” He said he put the ad on the desk
f Grover C. Hall, Jr., editor of The Advertiser.
The suit is over an advertisement that sought funds to
‘defend Martin Luther King at his perjury trial here. Dr.
ing was subsequently acquitted of lying about his income
‘fol. 1529] on a state income tax return.
Incidents referred to in the ad concern events that fol-
‘owed an attempt by Alabama State College students to
sseck service in a courthouse snack bar, including demon-
ations at the Capitol and on the college campus.
Suits were also brought over the ad by City Commis-
mers Earl James and Frank Parks, also for $500,000
h, and by Gov. John Patterson, for one million dollars.
"The Sullivan suit will be resumed before Judge Walter
Jones at 9:30 a. m. Thursday.
EMPLOYES ON STAND
Defense attorneys placed two Times employes on the
stand in an effort to show that the advertisement was ac-
cepted in good faith in the normal course of business.
D. V. Redding, manager of the Times Advertising Ac
ceptability Department, said it was the department’s job
to screen the advertising in an effort to keep out objection-
able matter.
He approved the ad, he said, because it was signed by:
“a number of people who were well known and whose mo-
tives I had no reason to question.”
2088 2089
Another paragraph, Sullivan maintains, suggests that
‘King the Negro integration leader, was beaten either by
or with the consent of Montgomery police.
- But the section of the ad which Sullivan feels is most
libelous refers to the padlocking of the dining hall at Ala-
= bama State College in an effort to “starve them into sub-
; mission.”
; The full page ad appeared in the Tuesday, March 29,
edition of The Times. It solicited funds.to defend King
against a perjury charge brought against him in connec-
_tion with the filing of his state income tax, King was later
e acquitted of the charge.
Sullivan’s attorneys attempted to introduce evidence of
= racial tension that existed in Montgomery at the time the
appeared. Advertiser Assistant Editor William H. Mc-
‘Donald was called to the stand to identify pictures of Negro
demonstrations during March, but Judge Walter B. Jones
ruled such evidence irrelevant and inadmissable.
f There was one brief skirmish before testimony began.
» When Atty. Calvin Whitesell, a city attorney represent-
g Sullivan along with several others, began reading the
feontroversial advertisement, Negro Atty. V. Z. Crawford
Eof Mobile objected that Whitesell was pronouncing the word
“nigger” instead of “Negro” as it appeared in the ad.
- Judge Jones asked Whitesell if he was indulging in
interpolations” in his pronounciation. Whitesell replied
the was pronouncing the word as he had done “all my life.”
p{fol.1531] To newsmen, he did not seem to be saying
“nigger,” but something closer to “nigra” or “nigro.”
Three Negro attorneys are among a dozen or so attor-
eneys participating in the trial. They are representing four
abama Negro ministers whose names appeared on the
They deny they signed the advertisement, however.
In Crcurr Court or Morteomery County, ALABAMA
Dererpant’s Exutsrr No. 55
THE MONTGOMERY ADVERTISER NOV. 2, 1960
SULLIVAN CASE AGAINST TIMES IS CONTINUING 3
MORE WITNESSES SUMMONED TODAY
IN LIBEL SUIT
Attorneys for Commissioner L. B. Sullivan began call-
ing witnesses Tuesday to lay the foundations for the com-
missioner’s $500,000 libel suit against The New York
Times. ‘
Five witnesses testified they felt an ad soliciting funds 4
for the defense of the Rev. Martin Luther King, Jr., clearly @
reflected on Sullivan and his conduct of office even though
he was not specifically mentioned in the ad.
Attorneys representing The Times, however, managed
to get most of these witnesses to concede that they never
believed the statements which they felt referred to Sullivan
and that they think no less of the police commissioner’s
integrity today as a result of the publication.
The first witnesses were Grover Hall, Jr., editor of The
Montgomery Advertiser; Arnold Blackwell, a real estate
and insurance broker; Harry Kaminsky, sales manager of
a downtown clothing store, William M. Parker, a service
station operator, and H. M. Price, Sr., who runs a food
{fol. 1530] service equipment business.
SAY AD REFLECTED ON CITY
All made substantially the same testimony, that they
felt the ad reflected on the city government and Sullivan in
particular as police commissioner. Had they believed the
statements to be true, Sullivan would have fallen in their
estimation, they testified.
While Sullivan claims the whole ad was libelous, his
attack centers on three or four key paragraphs. One con-
cerns a charge that police “ringed the campus” of Alabama
State College with tear gas bombs and guns in an effort
quell student discontent.
SAY AD NOT LIBELOUS
The Times, represented by the Birmingham law firm of
sBeddow, Embry, and Beddow, does not contend the ad was
tirely true. They do maintain, however, that it did not
fer to any identifiable person nor is i elous.
2090
Further, they contend that it came from a reputable ad-
vertising agency and was signed by many persons of high
character.
They cited several types of advertising which The Times
will not accept. This was done to prove that the newspaper
exercises diligent caution in screening out libelous, dis-
tasteful, and erroneous advertising.
Montgomery’s other two commissioners, Mayor Earl
James and Frank Parks, have also filed $500,000 suits
against The Times.
GOVERNOR ASKS $1 MILLION
Gov. Patterson has also filed a $1 million suit as a re-
sult of the ad. The Times later made a retraction and
apologized to the governor, but the retraction did not refer
to the Montgomery city officials.
Several police and city officials in Birmingham have also
filed suits against The Times but their action results from |
two newsstories written by Harrison Salisbury rather than
the ad.
Salisbury, who was later indicted for criminal libel by
the Jefferson County Grand Jury, wrote about the de-
terioration of race relations in Birmingham.
[fol. 1532]
Ix Crrcurr Court or Montcomery County, ALABAMA
Derenpanv’s Exursrr No. 56
THE MONTGOMERY ADVERTISER
$500,000 DAMAGES AWARDED SULLIVAN BY TIMES
SUIT
JURY RULING GIVES POLICE HEAD FULL
AMOUNT
By Arthur Osgoode
A verdict of half a million dollars—apparently the larg-
est ever awarded here—was awarded Montgomery City
Commissioner L. B. Sullivan Thursday.
NOV. 4, 1960
2091
The defendants were the New York Times and four Ala-
bama Negro ministers. Each had been charged with re-
sponsibility for statements damaging to Sullivan’s reputa-
tion contained in an ad appearing in the New York paper.
Several lawyers in the court room as the verdict was
- announced said the damages were the biggest ever awarded
in a state court.
- <A Cireuit Court jury deliberated two hours before an-
| nouncing at 5:50 p.m. that they had reached a decision.
RECEIVED QUIETLY
The verdict was received quietly in the courtroom, where
f lawyers, court officials, newsmen, and a handful of specta-
. tors were waiting.
In his closing argument, Montgomery attorney Roland
« Nachman representing Sullivan, urged the jury:
“we want you to show how you resent this slur on the A
reputation of this man you have elected police commis-
sioner.”
Answering defense arguments that no malice was in-
tended in the Times advertisement which alleged that local
Negro demonstrators were oppressed, Nachman said the
advertisement’s “reckless, violent language is evidence of
malice.”
Towards the close of his argument, Nachman turned
toward the table where lawyers for the Times were seated,
E pointed his finger and exclaimed:
WHOLE TRUTH
“When you write about a citizen of this town, you tell
= [fol. 1533] the truth, Mr. New York Times,—the whole
p truth—and you won't have to face suit in this county!”
Nachman also argued that the Times attorneys had
#failed to even attempt to show that the statements in the
ad were true, “the one thing in the world that would have
‘been a complete defense.”
Eric Embry, summing up the case for the Times, con-
tended that newspaper employes who took the ad in ques-
tion acted in good faith and without malice.
ae
2092 2093
“How could these individual defendants retract some-
= thing, if you’ll pardon the expression, that they didn’t
. 4ract.’”
- Jn charging the jury, Judge Walter B. Jones advised
. that “The parties stand before you on equal footing, and
are equal at the bar of justice.
“Whether they belong to this race or that has nothing to
p do with this case.”
He said “a superhuman system” would be needed to @
verify the truth of every statement in advertisements sent |
to the newspaper. 3
And he asked, “Where is the evidence that has shown #
you that Mr. Sullivan has suffered any injury?” 3
‘FAVORABLE PUBLICITY’
Far from being injured by the ad, suggested Embry, |
Sullivan has received “favorable publicity as a result of
this litigation.”
He also attacked the closing argument of Sullivan’s at-
torney, Robert Steiner, IIT, charging that it sought to in-
flame the jurors against residents of other sections of the
country.
He said Steiner was “appealing to every base motive
in man.” ;
Steiner had previously told the jurors that: “Newspapers
are very fine things, but newspapers have got to tell th
truth.”
“One way to get their attention and the attention o!
everybody else who publishes newspapers is to hit them
in the pocketbook.” 4
Steiner argued that the wording of the advertisemen
made it evident that it was directed at Montgomery’s city:
officials.
‘WITHOUT REGARD .
Following the verdict, the four Negro defendants issued
a statement.
“Naturally we regret the fact that the verdict of this
jury was against us. Nevertheless, we reiterate the absolute
truth in this matter: We had no responsibility in the
‘publication, composition, or providing of materials in the
ad in question. Neither did we give our consent to affix our
s names. That is, it seems to us, one of the many trials and
tribulations inflicted upon us as we continue to struggle
for freedom and human dignity for all Americans without
regard to race or color.”
The advertisement which led to the law suit appeared in
= the Times last March, seeking funds with which to defend
the Rev. Martin Luther King against perjury charges.
King was subsequently acquitted of giving false state-
ments in an income tax return. The trial was held in the
‘same courtroom in which the libel action was tried.
= The advertisement charged “Southern violators” with
— harassing King, bombing his home, and arresting him on
trumped-up offenses.
It further charged that Negro students at Alabama State
6 College had been expelled after singing “My Country, Tis
‘FAILED MISERABLY’
Attorney Fred Gray closed his case by insisting that the
plaintiff had “failed miserably” in linking four Negro co-%
defendants to their libel charges.
Gray pointed out that the four Negro ministers—Solo-
mon Seay, Sr., Ralph Abernathy, J. E. Lowery, and Fred 4
Shuttlesworth—had all denied authorizing the use of their
signatures or of even having knowledge that the ad was to:
be published, [fol. 1535] of Thee” on the Capitol steps here, and that
[fol. 1534] Calling them the “forgotten defendants in this al police ringed the campus, armed with shotguns and
case,” he urged that the state had produced almost tear gas.
testimony to implicate them in the publishing of the ad. In New York, the New York Times was reported as hav-
And he got one of the few laughs of the proceedings whe 0 comment on the jury award.
he asked facetiously :
2094 2095
» against Negro students at Alabama State College. It
sought funds for the defense of the Rev. Martin Luther
King, Negro integration leader who was subsequently ac-
quitted of perjury charges.
Sullivan’s suit was tried first, but the city’s other two
commissioners, Earl James and Frank Parks, also have
suits pending against the Times for $500,000.
Gov. John Patterson has a similar suit for a million dol-
lars.
Is Circurr Courr or Montaomery County, ALABAMA
Derenpant’s Exurerr No. 57
THE MONTGOMERY ADVERTISER DEC. 2, 1959 &
‘GROSSLY UNJUSI’ SAYS TIMES:
ASKS NEW TRIAL
By Arthur Osgoode
The New York Times, attacking a $500,000 libel verdict
against it as "@ ossly unjust,” Thursday filed a motion for
a new trial.
City Commissioner L. B. Sullivan was awarded the half-
million dollar jadgment by a Cireuit Court jury on Nov. 3.
Sullivan had asked this amount in compensatory and
LEGAL REASONS
Still other suits face The Times in the Birmingham area
ever articles by reporter Harrison Salisbury which de-
seribed racial tension and alleged violence there.
Besides the allegations of bias and emotion, numerous
legal reasons were cited by The Times attorneys in their
move to have the case retried.
They said the local court erred:
—tIn ordering The Times to produce documents:
—tIn denying a motion to quash service by finding that
the New York paper was “doing business” in Alabama:
‘—In charging the jury that the statements made in the
advertisement were “libelous per se,” or libelous on their \~
face as a matter of law.
sentiment.
The $500,000 award, they claimed, was “so excessive as
to clearly show it was the result of bias, passion, and
prejudice or other improper motive on the part of the
jury.”
4 ‘They further maintained that the verdict was “contrary
to law” and “contrary to the great preponderance of the
evidence.”
Exhibits accompanying the motion included news stories
of the trial from the Alabama Journal and The Advertise:
and an Advertiser editorial titled “Will They Purge Them-
selves?”
Also objected to as improper was testimony by several
witnesses, including Advertiser Editor Grover C. Hall, Jr.
When Hall said he felt statements in the advertisement
referred to the city commissioners, they maintained, Sulli- | 5
an’s attorneys sought to “substitute the witness’s opinion
‘or that of the jury.”
WHILE A PASTOR
The ad in question charged police harassment of King
while he was a pastor of a Negro church here. It also
charged, among other things, that the Alabama State Col-
lege campus was ringed by policemen with guns and tear
gas after student demonstrations.
[fol. 1537] Singled out in the motion as objectionable in
=. press coverage of the trial was the use of a picture show-
ing the jurors summoned for service in the trial.
THE EFFECT
The editorial was offered as showing the effect of pub- @
licity in arousing community sentiment against The Times.
It described the advertisement as a “slanderous lie.”
[fol. 1536] The advertisement which brought on the suit
by Sullivan described oppressive measures allegedly taken:
2096 2097
(fol. 1538]
Ty Crecurr Court or Montcomery County, ALABAMA
Times attorneys maintained that this made the jurors
especially susceptible to the pressure of community sent
ment.
Derenpant’s Exutsir No. 59
Iw Crrcurr Court or Montcomsry County, ALABAMA
> THE MONTGOMERY ADVERTISER
Derenpant’s Exurerr No. 58 DEC. 28, 1960
THE MONTGOMERY ADVERTISER Dee. 16, 1960 CIRCUIT COURT 61 SESSIONS START JAN. 9
LAWYERS IN ‘TIMES CASE AGREE TO
DELAY HEARING
Lawyers representing The New York Times and Mont-
gomery city commissioners agreed Friday to put off argu-
ments on a motion by the Times for a new trial of the libel
suit by Commissioner L. B. Sullivan.
Sullivan won a $500,000 libel award from a Montgomery |
Cireuit Court jury for statements made in an advertise-
ment that appeared in The New York paper.
The new date for the hearing in Jan. 14.
Also set was the libel suit of Mayor Harl James against
the Times, which is to begin on 1 Jan. 30.
Sullivan, James and Commissioner Parks each sued The
Times for $500,000. The suits of both James and Park:
are still to be tried. 4
Basis for the suits was an advertisement that called fo:
money for the defense of the Rev. Martin Luther King i
his trial here for perjury, of which he was subsequent,
acquitted.
The adverti t contained ts alleging oppres-2
sive police measures against Negro demonstrators i
Montgomery.
Representing the three commissioners are attorney Cal.
vin Whitesell and the law firm of Steiner, Crum and Bake:
Representing the Times is the Birmingham firm of Beddo
Embry and Beddow.
Cirenit Court sessions for 1961 get under way in Mont-
| gomery on Jan. 9 when Judge Walter B. Jones will begin
hearing approximately 200 non-jury civil cases.
_ ‘These cases are expected to take up about a week, after
= which three weeks of jury trials of civil cases will begin.
© The civil session is expected to end on Feb. 2
The $500,000 damage suit by Mayor Harl James against
the New York Times is the most prominent case on the
eivil docket. It is to begin on Jan. 30.
James is suing the New York Times newspaper for libel,
charging he was defamed in an advertisement that sought
money with which to defend the Rev. Martin Luther King
in his perjury trial here.
Other civil terms are to begin on April 10 and Oct. 2.
A grand jury will go in session Feb. 13, opening a crim-
inal term of Cireuit Court. Trials are set for the weeks
beginning Feb. 20 and Feb. 27.
» Grand juries are also to convene on May 8, July 10, and
‘ov. 6, followed by criminal trials presided over by Judge
lugene Carter.
Judge Jones will call equity dockets on March 6, May 1
1d Nov. 6.
2098
Ix Orecurr Covrr or Monrcomery County, ALaBaMa
Derenpant’s Exursrr No. 60
THE ALABAMA JOURNAL
DEC. 27, 1960
MAYOR’S SUIT AGAINST TIMES SET FOR TRIAL |
Sessions of the Cirenit Court for 1961 begin Jan. 9 with |
[fol. 1539] some 200 non-jury civil actions scheduled to br
heard before presiding Judge Walter B. Jones.
The next three weeks will be devoted to civil jury trials
which are expected to be completed on Feb. 2.
Set for Jan. 30 is the $500,000
four Negro ministers.
Other calls of the civil division of the court have been
placed on the calendar for the weeks beginning April 10
and Oct. 2.
The first grand jury of 1961 will convene Feb. 13
consider cases to be brought in the criminal division of the
Circuit Court Criminal trials will begin Feb. 20 before
Judge Eugene Carter.
Three other grand juries will be empaneled during the
year, May 8, July 10, and Nov. 6, followed by sessions
the criminal division on May 15, July 17, and Nov. 13.
Judge Jones will call the equity docket on Mar. 6, May
and Nov. 6.
In Crrcurr Court or Monrcomery County, ALaBaMA
Derenpant’s Hixuisrr No. 61
THE MONTGOMERY ADVERTISER
JAN. 14, 19
SULLIVAN SUIT RETRIAL BID SET MARCH 3
Attorneys will argue a motion for a new trial of
libel suit of City Commissioner L. B. Sullivan again
The New York Times on March 3 instead of on Saturday.
libel suit brought by |
Mayor Earl James against The New York Times Co. and |
2099
Sullivan was awarded the full $500,000 he had asked for
alleged libel in an advertisement. The motion is prelim-
inary to appeal to higher courts.
Times attorneys, in filing their motion, argued that the
award was so excessive as to indicate bias on the part of
the jurors.
The police commissioner was awarded the $500,000 last
Nov. 3. He had charged that statements in The Times
[fol. 1540] advertisement reflected on him personally and
on his conduct in office.
The advertisement, which ap- measures taken against
Negro student demonstrators here.
Attorneys for The Times maintained that the advertise-
ment could not be construed as reflecting on Sullivan.
* The advertisement, which appeared in the Times last
March 29, sought funds with which to defend Negro inte-
gration leader Martin Luther King, who was subsequently
E acquitted of perjury charges here.
The other two commissioners, are also asking $500,000
for statements in the same advertisement which they say
libel them. Mayor Earl James’ case is set for Jan. 30.
‘Commissioner Frank Parks’ suit is still pending. Gov.
John Patterson has a million-dollar suit against the Times
stemming from the same ad.
of
1
In Crecurr Court or Moytcomery County, ALaBaMa
Dsrexvant’s Exursir No. 62
HE MONTGOMERY ADVERTISER
JAN 18, 1961
IMES ATTORNEY HALTED IN QUIZZING
iF MAYOR
An attorney for The New York Times was halted Tues-
when he sought to question Montgomery Mayor Harl
lames on his motives for bringing a $500,000 libel suit
st the newspaper.
James was being examined by attorneys for The Times
n Cireuit Court in order to turn up evidence prior to his
, which is set for Jan. 30.
a
~
-\ After listening to arguments on both sides, Jones ruled
d in bringing the suit.
|
Ce)
2100 2101
As James’ testimony was being taken, Roderick McLeod,
Birmingham attorney representing the Times, sought to :
question the mayor as to his motive in bringing the lawsuit,
what he hoped to gain by it, and whether he had conferred %
with other commissioners on his libel suit.
(Commissioner L. B. Sullivan won a $500,000 verdict in
a similar suit against the Times last term of court, and |
Commissioner Frank Parks has a similar suit pending.)
[fol. 1541] McLeod’s questions brought objections from
attorneys Roland Nachman and Robert H. Steiner, Ti,
representing James. They directed the mayor not to
answer. .
Circuit Judge Walter B. Jones then was called in to hear ¥
the dispute.
Gary and Seay said they were under a misapprehension
in the matter, thinking that their motions would be con-
tinued along with that of The Times.
Jones said he would rule on the matter Wednesday.
| fol. 1542]
In Cracurr Courr or Monteomery County, AnaBaMa
Derenpant’s Exursrr No. 63
THE MONTGOMERY ADVERTISER
JAN. 19, 1961
| JUDGE RULES TIME EXPIRED FOR RETRIAL
? Chances for a new trial for four Negro ministers who
© face along with The New York Times, a $500,000 libel judg-
ment, ran out last Saturday, Circuit Judge Walter B.
Jones ruled Wednesday.
Jones said the defendants lost out when they failed to ~~
ask a continuance on their motion for a new trial. |
Attorneys Fred Gray and Solomon Seay, Jr. argued
| when lawyers for The Times were granted an exten-
ion to March 3 for arguments on a new trial that they
ere entitled to the same extension.
But Jones ruled that they should have sought a con-
mance separately.
; The motion for a new trial is a preliminary to appeal.
The four co-defendants are thus faced with a possible exe-
on of the judgment.
The $500,000 was awarded City Commission L. B. Sulli-
OBJECTION RAISED . n, who claimed that his reputation had been damaged in
But Nachman and Steiner objected, contending that under) Times advertisement that charged Montgomery police
Alabama law the motion of the individual defendants f d violated the rights of Negro demonstrators.
a new trial had expired on Saturday with no previo x Mayor Earl James has a similar $500,000 libel suit grow-
request made for a continuance. at of the same advertisement set for trial this month.
The state law says that a motion for a new trial is de
unless it is continued within 30 days from the time it is!
filed. Cireuit Court records show that the motion of
four defendants was continued to Jan. 14.
» that the mayor could not be required to state his motives
NOT RELEVANT
Jones also ruled that whether James had conferred wil
the other two commissioners was not relevant to the cast
Tt was also revealed Tuesday that four Negro ministers |
who are co-defendants with the New York newspaper may
have missed the boat on their motions for a new trial.
Attorneys Fred Gray and Solomon Seay, Jr., represent-
ing the Revs. Ralph Abernathy, S. S. Seay, St, J. BE
Lowery and Fred Shuttlesworth, asked Jones to continue
their motions for a new trial to March 3, the same date
set for the same motion by the Times.
=
2102 2103
Ty Omcurr Covrr or Monrcomery County, ALABAMA In Cmovirr Court or Monteommry County, AtaBama
Derenpant’s Exursrr No. 64 Devenpant’s Exazsrt No. 65
THE MONTGOMERY ADVERTISER THE MONTGOMERY ADVERTISER
JAN 30, 1961»
MAYOR'S SUIT AGAINST TIMES OPENS TODAY
Trial starts Monday on Mayor Earl James’ suit seeking
$500,000 from the New York Times and four Negro min:
isters.
[fol. 1543] The newspaper and the four Negroes will 3
begin their defense on the Montgomery mayor’s complaint 4
already facing a $500,000 libel suit judgment awarded
Police Commissioner L. B. Sullivan last November.
Defense attorneys are contesting the jury’s awardin;
Sullivan the full amount he sought, and they will argu
their motion for a new trial in that case March 3. The:
have said they will appeal to higher court if they ar
denied a retrial.
JAN. 31, 1961
WITNESSES FEEL JAMES TARGET OF AD
IN TIMES
By Art Osgoode
BEARDS, SKIRTS AN ISSUE
Four witnesses for Mayor Harl James said they felt a
New York Times advertisement alleging repressive police
[fol. 1544] action against Montgomery Negroes was aimed
at him, as his $500,000 libel suit against the New York
paper got under way in Circuit Court here Monday.
Actual trial of the case got under way in mid-afternoon
after a series of legal maneuvers consumed the entire morn-
ing.
Among these was a motion by defense attorneys to put
off the trial until after the Civil War Centennial observance
ere next month.
They argued that beards worn by Montgomery men and
antebellum costumes worn by women awakened memories
of the Civil War. Since the libel suit involves the seg-
regation controversy, they maintained, any stirring of sec-
; tional feeling injured the chances of their client for a fair
verdict.
Judge Walter B. Jones denied their motion.
Leadoff witness for the plaintiff was Mrs. Evelyn Wat-
kins, operator of a diaper service here. She said that she
hought descriptions of police action against Negro students
MARCH 29 AD
Sullivan, James and City Parks Commissioner Frank
Parks each filed a $500,000 lawsuit claiming they were
libeled by a full-page advertisement in The Times last
March 29. a
Parks’ complaint against the newspaper and the four
Negro leaders will be tried after James’ suit is decided,
probably this Spring. 3
All three city officials claim they were ridiculed and@
shamed by the Times ad, which was critical of police action
against demonstrating Negro college students amid raci
tension here last March. “
It solicited money for the legal defense of the Ri
Martin Luther King, Jr. before the Negro integratio:
leader was acquitted on charges of falsifying his state
income tax returns.
Negro defendants in the suits are the Rev. Ralph
Abernathy and the Rev. Solomon S. Seay, Sr. of Mont
gomery, the Rev. F. L. Shuttlesworth of Birmingham
the Rev. J. E. Lowery of Mobile.
“And she said that, if she did not know the mayor per-
ssonally, they would have caused her to believe him unfit
E to fill his job.
Cross-examined by defense attorney Erie Embry of Bir-
ngham Mrs. Watkins acknowledged that she had first
d the entire ad in the office of attorney Roland Nachman,
2104 2105
E and smile’—but that the test was whether it actually li-
= beled James as a person.
Embry also said testimony would show that The Times
accepted the advertisement in “good faith,” with no reason
to doubt its veracity.
One of the attorneys for four Negro ministers who are
co-defendants with The Times said in his opening statement
that none of the four consented to the use of his name on
the ad and were “in no way responsible.”
Charles S. Conley further maintained that there is no \ :
who represents James, but said she had seen “excerpts”
from it earlier.
INJURED MAYOR
She was followed by George A. Dozier, farmer and mem-
per of the local school board; Lawrence Knight, principal
of Lloyd Junior High School; and Leaborne Eads, official
of Henley Memorial Co.
Each said they felt the ad injured James’ reputation |
and would likely cause them not to hire a person they
believed guilty of the conduct imputed in the ad.
But under cross-examination, each witness said that they
did not believe the statements in the ad which they said
© law to compel people to retract statements for which they
were not responsible.
"The four defendants are the Revs. S. S. Seay, Sr. and
=. (fol. 1546] Ralph Abernathy of Montgomery, Fred Shut-
= tlesworth of Birmingham and J. E. Lowery of Mobile.
z Before the trial got under way, Jones rejected motions
that he recuse himself (remove himself as judge), and that
the list of jurors for the trial be thrown out.
CHALLENGED TWICE
Attorneys for the Negro defendants challenged the jury
list twice, calling attention to the small number of Negroes
CROSS EXAMINED
Embry cross-examined each witness closely on whether |
they would have construed the ad as referring to James
if they had relied only on the wording of the ad itself.
But each witness insisted that their original interpretation :
of the ad was that it was a reflection on local city officials.
The trial was recessed shortly before 6:30 p.m. It is to
be resumed at 9:30 a. m. Tuesday.
In opening arguments, Nachman said he expected to
show that references to police action in the Times ad, which 4
appeared March 29, 1960, led readers to assume that the
loeal city officials were responsible for acts of oppression.
He claimed that the ad had done “grievous harm to the
plaintiff,” holding him up to “public contempt, hatred and @
ridicule.” Embry replied that he expected to show that the 7
ad could not be shown to refer to James as an individual
put that it referred instead to “the community as a whole.’
on the jury rolls.
Their first motion charged that local jurors do not “rep-
resent a cross section of the citizens of this county.” It
said that 37 per cent of adult males in the county were
‘Negro but “only a token few” serve on juries.
After Judge Jones ruled that the first motion was made
:too late in the proceedings, the Negro attorneys moved to
id the jury venire, arguing that in this case they could
not have acted sooner. But Jones denied this motion also.
The defense motion by Embry asking a continuance on
the grounds that “we’re going up against a stacked deck”
‘because of the Centennial observance called newsmen’s at-
ntion to the number of beards in the courthouse.
CLEAN CHINS
James wore one. So did five of the jurors and numerous
fspectators. But the attorneys for the Times and for James
ere clean shaven.
Ce ee
IN GOOD FAITH
He observed that the contents of the ad might be r
pugnant to the jurors—‘not calculated to make you lang!
2106 2107
A Circuit Court jury awarded Sullivan the full amount
he sought last November. A similar suit brought Mayor
. Earl James a $500,000 judgment Wednesday night. The
third companion complaint, by City Commissioner Frank
Parks, is awaiting trial.
Jurors were questioned lengthily on their connection with
the city. Negro attorneys also asked if they were members
of the Ku Klux Klan or Citizens Council, or of the Civitan,
Rotary or Kiwanis Clubs and whether they held views on
integration that would make it impossible to render a fair
verdict. The three city officials sued the four-Negroes and the
One juror said he could not be dispassionate in view of newspaper because of an advertisement dealing with Mont-
the controversial issues involved, and was disqualified. | gomery’s racial troubles a year ago, which appeared in
There was one Negro juror among those from whom the The Times last March 29.
12 jurors were selected. Attorneys for James eliminated Efforts to collect the $500,000 judgment all stem from
him on their second strike. E the Sullivan case, because the New York Times has a pend-
ing motion for retrial, no writ has been issued to collect the
sum from the newspaper.
Conley said that unless the court agrees to forego the
$1 million bond the Negro ministers face “harrassment at
most inconvenient times” during the period pending the
appeal, which could reach the U.S. Supreme Court.
ISSUED WRITS
> Cireuit Clerk John R. Matthews said he issued writs to
execute the judgment against all four Negro co-defendants
[fol. 1548] —Abernathy, the Rev. Solomon 8S. Seay, Sr. of
Montgomery, the Rev. Fred Shuttlesworth of Birmingham
and the Rev. J. H. Lowery of Mobile.
As of Saturday afternoon, only Abernathy’s auto had
been impounded. Seay was reported away from the city,
but his wife said no one from the sheriff’s office had been
there yet.
In Mobile, where the attachment against Lowery’s prop-
ty will be handled, the sheriff’s office confirmed receipt
of the writ of execution from Montgomery.
George Bellman, chief clerk of the Mobile sheriff's office
said a deputy had been sent to talk with Lowery and see
hat property could be attached and that a report from
e officer is expected Monday. Lowery, meanwhile, said
che had not been contacted.
At Birmingham, Shuttlesworth said he had been notified
y the sheriff’s office that he has until Wednesday to settle
Bthe claim or become “subject to levy on your property with-
mut further notice,” Shuttlesworth said he has little prop-
y besides an auto. =
[fol. 1547]
Ty Circurr Courr or Monrcommry County, ALABAMA
Derenpant’s Exurerr No. 66
THE MONTGOMERY ADVERTISER ;
FEB. 5, 19612
NEGROES FACING SEIZURE OF PROPERTY
SEEK RELIEF
By Dan Coggins
Last-minute relief will be sought by four Negro minister:
facing loss of everything they own to help pay off a $500,000.
libel judgment against them and the New York Times.
One of their attorneys said he will ask state court to@
excuse the four Negroes from posting_a $1 million join’
bond to stay execution of the huge settlement while they:
ap’ her court. —_
peal to hi:
Negro attorney Charles S. Conley of Montgome:
planned the action after sherifi’s deputies Friday sei:
a car belonging to one of the Negro co-defendants, the
Rev. Ralph D. Abernathy of Montgomery.
Seizure of Abernathy’s 5-year old sedan thus beg
moves to collect the $500,000 judgment against the fourm
Negro leaders in a libel suit files by Montgomery Polie
Commissioner L. B. Sullivan.
2108 2109
jury last November. Last week another jury awarded a
similar $500,000 judgment to Mayor Earl James.
'The four ministers are the Rev. S. S. Seay, Sr. and Ralph
Abernathy of Montgomery, Fred Shuttlesworth of Bir-
mingham and J. E. Lowery of Mobile. x
| Garnishment orders have been issued against any funds
. that might be held by any of the four in the Montgomery
Improvement Association and the Tuskegee Federal Sav-
ings and Loan Association.
CONSIDERED SPEARHEAD
The Montgomery Improvement Assn. is considered the
spearhead of local Negro integration activities. Abernathy
Orders have gone out to impound the Negroes’ property
—and not the Times’—because of a ruling last month by
Cirenit Judge Walter B. Jones, who tried the Sullivan %
complaint. g
That decree came after a series of events beginning
soon after the Sullivan trial when attorneys for the Times
and the Negroes both filed motions for a new trial on the
police commissioner’s suit.
Seeking a retrial is the usual preliminary step to an
appeal in such cases. If another trial is refused, the de-
fendant’s normally appeal direct to the Alabama Supreme
Court. 3
Arguments on the retrial motions by the Negroes and eee E
newspaper were scheduled for last month, but Times at- is its president.
torneys then asked for and received a continuance of the | Neither Shuttlesworth nor Lowery have any known con-
hearing until March 3. nection with it. 7
Jones ruled that because the Negro lawyers failed to » a Abernathy 8 8, a S-year old sedan was seized by depu-
file their own individual request for a postponement o: ties here Friday. Lowery’s car also has been reported at-
the retrial hearing, they forfeited the right to do so. tached in Mobile. é
The Negro attorneys argued that the newspaper’s ple: « Execution of the judgment was ordered after Judge
for a continuance of the hearing should suffice for them, too. Walter B. Jones ruled the four ministers had Jost their
But Jones overruled that argument, decreeing they shoul chance for a new trial through failure to continue their
have made their own request. motion for it. s .
[fol. 1549] That ruling left the Negroes only the recours ol. 1550] The defendant Brwere sued about an ad in the
of a direct appeal to the State Supreme Court requiring ox New York paper picturing oppression of Negro students
bond, and collection of the judgment thus could begin until ® at Alabama State College. The city officials maintained
th ired bond ted. the ad defamed them.
REPENS Wes! POSS A suit by City Commissioner Frank Parks, also for
$500,000 is still pending. So is a million-dollar suit over
‘the same ad by Gov. John Patterson.
Is Crecurr Covet or Monreomery Country, ALaBaMa
Derenpant’s Exairr No. 67 In Crecurr Courr or Monrcomeny County, ALapama
THE MONTGOMERY ADVERTISER FEB. 7, 1964
ATTACHMENT OF MONEY BEING SOUGHT
Lawyers for Police Commissioner L. B. Sullivan a
seeking to attach_funds for Negro ministers who, along®
with the New York Times had a $500,000 libel judgment
assessed against them.
Sullivan was awarded the judgment by a Circuit Cou
Derenpant’s Exursrr No. 68
MONTGOMERY ADVERTISER FEB. 8, 1961
GROES’ ATTORNEYS SEEK CUT IN MILLION-
OLLAR BOND By Arthur Osgoode
_Attorneys for four Negro ministers whose property has
n attached to partially satisfy a $500,000 libel verdict
4
oe
2110 2111
fendants might have in the Montgomery Improvement As-
sociation and the Tuskegee Federal Savings and Loan
Association.
| The Montgomery Improvement Association is a local
= Negro organization opposed to segregation.
Conley protested to Jones Tuesday that it would be “im-
' possible” for his clients to raise the required million-dollar
against them sought Monday to get their million-dollar 7
appeal bond reduced. 2
By posting bond, the four could avoid attachment of 4
property pending outcome of the case. BE
So far, the sheriff's deputies have attached automo- §
biles belonging to Ralph Abernathy of Montgomery, Fred |
Shuttlesworth of Birmingham, and J. E. Lowery of Mobile. 3
Also attached Tuesday was a small lot in Madison Park, @
northeast of Montgomery, belonging to the Rev. S. S. Seay, 4
Sr., also a defendant in the libel action.
nd.
Jones told him to offer a motion, which could be set for
ahearing and argued between attorneys for the four minis-
ters and attorneys for Sullivan.
| Conley urged that if the New York Times posted a million
dollar bond, Sullivan’s judgment would be fully secured.
The libel suit grew out of a New York Times advertise-
ment critical of local treatment of Negroes.
ASKED TO RECONSIDER
Attorneys Charles S. Conley and Solomon Seay, Jr.
Tuesday asked Judge Jones to reconsider continuing their
motion for a new trial, as well as to reduce the amount of
the bond.
Jones told them they were “dead” so far as a new trial
was concerned. He said he had no authority to grant sue
a continuance.
He also offered the informal opinion that he would als
be unable to reduce the amount of the supersedeas bond
they must post before appealing the case.
[fol. 1551], The four ministers along with The New York =
Times, are all jointly liable for the amount of the $500,000
judgment. The law says the bond should be twice th
amount of the judgment.
In Crecurr Court or Monrcomsry County, Auasama
Derenpant’s Exursrr No. 69
[| THE MONTGOMERY ADVERTISER FEB. 4, 1961
_ By The Associated Press
{[fol. 1552] ‘Sheriff’s deputies seized a 5-year-old sedan be-
longing to a Montgomery Negro leader Friday as partial
payment of the $500,000 libel judgment against him in The
‘New York Times case.
The impounded car is owned by the Rev. Ralph D. Aber-
‘nathy, who was a co-defendant with three other Negro
ministers and the New York Times in a libel suit filed by
Police Commissioner L. B. Pullen
2 : A state court jury awarded Sullivan the $500,000 judg-
the four Negro co-defendants failed to renew their motion ement last Novator, Mayor Earl James, i filed a eal
for a new trial, they allowed it to expire. suit, was awarded the same amount at a trial which
The $500,000 judgment was awarded City Commissione ded Wednesday night. A third suit, brought by City
ommissioner Frank Parks, is awaiting trial.
WAITED TOO LONG
Deputy Sheriff F. H. Phelps confirmed he impounded
bernathy’s auto Friday afternoon on directions from
uit Clerk John R. Matthews.
NOT SUBJECT
awarded Mayor James last week. Motions for a new
are expected in James’ case in the near future.
Beside the attachments of property, garnishment pro
ceedings were filed against any funds any of the four
2112 2113
Phelps said Abernathy’s property was seized in accord- In Cincurr Courr or Morteomery County, ALABAMA
ance with a ruling by Cireuit Judge Walter B. Jones that
attorneys for the four Negro ministers waited too long
to ask for a retrial in the Sullivan case.
Jones decreed last month that the time limit had expired
before the Negro lawyers requested another trial. Times
attorneys filed their motion in time, however, and argu-
ments on it are scheduled March 3.
The deputy said he also had an attachment against the
property of the Rev. Solomon S. Seay, Sr., of Montgomery,
another defendant in the three suits, but said none of
Seay’s belongings had been impounded yet. 3
Under said law Phelps said any attachments against the 3
Rev. Fred L. Shuttlesworth of Birmingham and the Rev.. 3
J. E. Lowery of Mobile would be handled by the sheriff’s 3
offices in those cities. Shuttlesworth and Lowery are the @
other two Negro defendants in the libel complaints and
writs have been issued against them. a
Derenpant’s Exaiir No. 70
NEW TRIAL MOTION SET IN LIBEL SUIT
FEB. 3, 1961
With a second $500,000 award against the New York
Times, made to Montgomery Mayor Earl James by a Cir-
- euit Court Jury Wednesday, attention is in the series of
e. libel cases now turned to March 3.
On that date, attorneys for the Times will argue for a
new trial of the libel suit in which City Commissioner L. B.
Sullivan also received $500,000.
_ Hf turned down by Judge Walter B. Jones, Times at-
_ torneys will doubtless appeal to the Alabama Supreme
_ Court. They are also certain to appeal the award to James
also if their bid for a new trial is rejected.
_ The state tribunal could affirm the award, overturn it,
r scale down the amount.
It is generally agreed among court observers, and em-
phatically stated by Times attorneys, that The New York
paper will settle for nothing less than a complete reversal
of the libel verdicts.
‘WILL WALK NOW’
Abernathy, president of the pro-integration Montgomery 3
Improvement Association, said the seizure of this car “will |
not in any way deter me or stop me from fighting for th
[fol. 1553] rights of my people. I shall walk now on the
road to freedom...” ;
The three Montgomery officials each filed a $500,000 libel
suit against the four Negro and the New York Times be-
cause of a full-page advertisement which appeared in The
Times last March 29.
Sullivan, James and Parks claim the ad, which was
eritical of police handling of Negro college student demon.
strations here last spring, held them up to ridicule and4
shame. 4
The ad sought funds for the legal defense of the Rev. §
Martin Luther King, Jr. before the Negro integration
leader was acquitted on charges of lying about his stat
income tax. :
TO HIGH COURT
That means they are prepared to go up to the U.S.
Supreme Court. However, they can only do so on the basis
f issues involving the U. 8. Constitution.
fol. 1554] One such issue could be the question of whether
state court had jurisdiction. This point was argued
for to the Sullivan trial. Judge Jones ruled that The
mes could be haled into state court to face the libel
ions.
Both sides voiced confidence in the outcome of appeal.
_ Still ahead are suits by City Commissioner Frank Parks
by Alabama Gov. John Patterson.
All the suits are over an ad appearing in The Times
ng funds for the defense of Negro integration leader
in Luther King in his perjury trial here.
oN
2114 aL Kx
Ty Cracurr Courr or Moxtcomery County, ALAaBaMA James’ attorneys, Roland Nachman and Bob Steiner,
both pounded at the fact that The Times had not elected
to base its defense on the truth of the advertisement. We
“There’s a perfect defense to any libel case, and that is
truth,” said Steiner.
“Everything in it (the ad) is a pack of lies and they
know it.”
He said The Times’ attitude in accepting the ad was:
“Let’s get the money and forget the truth.”
Nachman asserted that freedom of the press cannot be
debased and demeaned into a license to lie.”
And, like Steiner, he argued that the four Negro co- \
wu
Derexpant’s Exarr No. 71
THE MONTGOMERY ADVERTISER FEB. 2, 1961 :
By Arthur Osgoode .
Mayor Earl James won a $500,000 libel verdict from #
the New York Times Wednesday night after a Circuit |
Court jury deliberated for two hours and 10 minutes.
The verdict was also against four Alabama Negro minis
ters, co-defendants with The Times in the three day suit
over charges made in an advertisement that appeared in
The New York paper on March 29, 1960.
defendants could have cleared themselves of any suspicion
of libel by writing a letter to James or to the New York
The four co-defendants were the Revs. S. S. Seay and. - Times disclaiming any connection with the ad.
Ralph Abernathy of Montgomery, J. E. Lowery of Mobile ; = ‘The attorney for the four Negro ministers, Charles S.
and Fred Shuttlesworth of Birmingham. », Conley, told the jury that attorneys for James had failed
The verdict was the second success for the local law % _ to produce “a single item of evidence” to show that they
firm of Steiner, Crum and Baker, representing Montgomery 4 ¢ {fol. 1556] had any knowledge that their names were to be
City Commissioners in libel actions charging they were % used on the ad.
defamed in an ad picturing harsh police measures take = And he snggested that they were named in the suit only
against Negro college students here. because they were active in the fight to end segregation
James contended in the suit that he was defamed an the South.
held up to public ridicule and contempt and pictured as : The trial opened Wednesday morning with an angry
failing to perform his duties properly. E tatement from Judge Jones,who ordered the courtroom |
‘segregated and challenged Negro attorneys to test his
[fol. 1555] FINAL ARGUMENTS
In final arguments, defense attorney Eric Embry urged @
jurors not to be swayed on the segregation issues.
And he charged that: “Mayor James is the vehicle,
my opinion, for the aggrandizement of Mr. Nachman, Mr.
Steiner and Mr. Baker.” 4
He called the arguments of his opponents “blatant and:
apparent efforts to influence honest men. Pointing to pos-
sible community pressures, he told them: “You’ve got
be men to do the right thing.”
He asked them not to allow their verdict to be influen
“because the people who run that newspaper don’t hav
the same views on integration as you do.”
But Embry concentrated most of his argument to con
tending that the language of the advertisement could nog
be interpreted as directed against the mayor.
Jones had permitted integration the day before. But
ednesday his bailiff directed Negroes to move to one side
the courtroom. Four deputies stood outside the court-
room, ready to enforce the order.
Jones said his courtroom will be segregated “from this
ehour forward.”
‘ACCEPTS CHALLENGE’
“The judge presiding here this morning is ready for his
cial power and authority to be tested,” he said. “He
ecepts the challenge of counsel for the four Negro defen-
ts that, under the 14th Amendment he is without au-
rity and powerless to direct how a trial shall be con-
ucted.”
one
2116 2417
He said he accepted the ad on the basis of a long list
of signers that included a number of stage and screen
eelebrities, as well as Mrs. Eleanor Roosevelt, Norman
Thomas and Dr. Norman Vincent Peale.
Under cross-examination, he said he did not check to see
if the facts related in the ad were correct or to verify that
the names affixed to it had been approved.
He further declared that the 14th Amendment has. no «
standing whatever in this court, it is a pariah and an out- |
east, if it be construed to hold and direct the presiding 4
judge of this court as to the manner in which proceedings 3
in the court, presided over by the elected constitutional 4
representative of the people of Alabama, shall be con-
ducted.”
He pointed to the ninth and 10th Amendments to the
U.S. Constitution as guaranteeing that rights not reserved
to the federal government are delegated to the states o
the union.
“Alabama and her sister states stand on the 10th Amend.
ment,” said Jones. “It is their buckler and their shield.”
He attributed his action to “a studied effort by friends
of the four defendants to pack the courtroom with member:
of their race.”
Their purpose, he said, was “to test and challenge the
right and power of the presiding judge to direct the seating
of spectators in the courtroom...”
{fol 1557] He further tongue-lashed the Negro attorneys:
for their objection to pronunciation of the word “Negro”
by other attorneys and warned that further objections to
such pronunciation would lead to their being found in con-
tempt of court.
Witnesses Wednesday included Hardin Bancroft, secre-3%
tary of The Times company, who maintained that he felt
that statements in the ad were_“substantially correct,?4
with the exception of a statement alleging that the Alabama™
State College dining hall had been padlocked to starv
students into submission.
SOME TRUTH
Bancroft was more adamant in his testimony than
torneys for The Times had been in presenting their ca:
He cited facts he said were known to the Times to suppo:
his contention and said there was at least some truth i
the statements. 4
Earlier, the head of The Times advertising acceptabili
department, Vincent Redding, testified that he saw noth
in the ad when it was submitted to him to lead him
question its truth.
FINAL WITNESS
Final witness was John Murray, a New York writer,
who said he was one of three men who wrote the ad in
question.
Murray said the names of the four Negro defendants
‘were added to the ad, without their consent, by the organizer
of the Committee to Defend Martin Luther King, Bayard
Ruston.
Murray said Ruston decided to place the names of the
Southern ministers on the ad to give it additional appeal
‘to readers. He said Ruston assured him it would not be
necessary to get the consent of the group, largely Southern
egro integration leaders, because: “They go along
{fol. 1558] with this.” .
| The ad sought funds to defend Negro integration leader
Martin Luther King in his perjury trial here, in which
was subsequently acquitted.
It alleged that Negro students were expelled after sing-
“My Country ’Tis of Thee” on the Capitol steps, that
olice then ringed their campus with shortguns and tear
, and that their dining hall was padlocked to break up
eir demonstrations.
A $500,000 judgment was awarded City Commissioner
B. Sullivan in the last term of court in his libel suit
ver the same ad.
A similar $500,000 suit by Commissioner Frank Parks is \~-
come up next term of court. Also pending is a million
gcollar libel suit over the ad by Gov. John Patterson.
The Times also faces a series of libel suits in the Bir-
ingham area over a news story in which Times reporter
arrison Salisbury described a virtual wave of terror
owing out of racial unrest.
2118
2119
Is Crmcurr Courr or Montcommry Country, ALABAMA FINAL WITNESS
= Mayor James took the stand as the final witness for his
© side. He said he “took exception” to the ad when it was
© first shown to him in his office by a newsman.
He said he felt that it referred to him, since he was
responsible for the acts of local police.
Cross-examined by Times attorneys, the mayor conceded
that no one has shunned him since the appearance of the
ad. He said he believed his reputation was good, and “I
trust it will always be that way.”
Jones sustained objections against cross-examination of
= James by attorneys for the four Negro defendants when
s they asked if Montgomery police were used to support
“the time-honored customs of the South.”
[fol. 1560] The four defendants are all Alabama Negro
ministers whose names appeared on the ad as endorsers.
Derenpant’s Exurprr No. 72
THE MONTGOMERY ADVERTISER FEB. 1, 1961
By Arthur Osgoode
Negro and white spectators were intermingled in Circuit 3
Court Tuesday as attorneys for Mayor Earl James rested
their $500,000 libel case against the New York Times.
The trial was recessed by Judge Walter B. Jones at
5:30 p.m. after brisk cross-examination of Gerson Aronson, 4
Times advertising salesman and first defense witness.
Aronson testified that he had accepted the ad, which @
described oppression of Negro students by Montgomery @
police, after reading it hurriedly. :
’ They deny having any knowledge that their names were
fol. 1559] ‘NOT PRACTICAL being used. Two, the Revs. Ralph Abernathy and S. 8.
But he declined under er ination to de that = Seay, are of Montgomery. The other two, The Revs. Fred
it appeared at first reading to violate any of the standards
set by the New York paper for advertising it accepts.
“JT saw no reason to think that it was other than true,
he said. He also said it “wouldn’t have been practical” to
check the veracity of the statements in the ad.
White spectators were interspersed with Negroes during
Tuesday’s proceedings. The number of whites varied
roughly between half a dozen and a dozen, the numbe
of Negroes between three and four dozen.
Jones announced that he was imposing federal rules
governing courtroom procedure, and would allow spectators
to enter and leave the courtroom only while a witness was
not on the stand. Bailiff Lee Cook was stationed at the:
door to enforce the rule.
Cook also once went outside to order a former student.
of Alabama State College, Bernard Lee, to stop talking4
to other persons outside. ~~ ~~ Z
Attorneys for four Negro co-defendants with The Time
said Lee, who was expelled from the local Negro coll
for taking part in student demonstrations, was expected
to be a witness.
E Shuttlesworth and J. E. Lowery, are from Birmingham and
F Mobile, respectively.
NOT ASSAULTED
= ‘Two earlier witnesses said that King was not assaulted.
by Montgomery police and that police made a vigorous
‘ort to find who had bombed his home during the Mont-
gomery bus boycott.
The ad over which James is suing charges that “southern
violators” had assaulted King, arrested him seven times,
sand bombed his home. It sought funds with which to
lefend King in his perjury trial, in which he was subse-
ently acquitted here.
O. M. Strickland, a city policeman, said he arrested King
d that he was not assaulted at the time. And E. Y.
, retired city detective, told of vigorous efforts to
find who had bombed King’s home.
BROKE RULES
State School Supt. Frank Stewart also testified that
fements in the ad deseribing the padlocked dining hall
2120 2121
TOTAL $2.5 MILLION
Together with the Parks and Patterson suits, the Times
and the four Negroes are defendants in actions totaling
$2,500,000.
The libel actions all arose from an ad in The New York
Times, on which the names of the four ministers appeared
as endorsers, attacking action of police and statue au-
thorities in dealing with Negro demonstrations.
In the complaint filed this week in federal court, the
four Negro defendants charge that their constitutional
rights were violated in the libel actions and subsequent at-
tachments of their property.
It named as defendants City Commissioners James, Sul-
livan and Parks of Montgomery, Governor Patterson, and
sheriff's attaching the ministers property.
The restraining orders sought would hold up attach-
ments and proceedings in the remaining suits until the issue
is finally decided.
[fol. 1562]
at Alabama State College to “starve students into sub-
mission” were false. And he said students were expelled 3
after a sit-in demonstration because they broke college
rules.
Earlier in the trial, the last of a series of witnesses
testifying to their interpretation of the ad in question
took the stand. Carl W. Johnson, service station operator,
said he believed the ad referred to the mayor and other
city officials and implied violation of “the American way—
treating people equal, giving them their rights.”
Like other witnesses who had testified to their inter-
pretation of the ad, he said he had known the mayor for #
years and conceded he knew of no damage to James’ reputa- |
tion here. a
[fol. 1561]
Ty Crrcurr Court or Montcomery Couwry, AnaBAMA
Derenpant’s Exutsrr No. 73
FEDERAL JURISDICTION
The complaint maintained that the federal court had
- jurisdiction.
© It recited activities of the four Negro ministers in com-
bating segregation. It also recited events involving a_sit-
in demonstration at a snack bar in the courthouse, the sub-
sequent expulsion of Negro students in Alabama State Col-
lege, and a near riot arising from a Negro attempt to march
on the State Capitol.
In each of these incidents, the suit held, the rights of
peaceable assembly and petition for redress of grievances,
guaranteed by the U. S. Constitution, were violated.
The complaint said the ad which appeared in The Times,
inserted by supporters of the plaintiffs, sought to: (1)
educate the public on social and political issues, (2) seek
support for the Rev. Martin Luther King in his perjury
trial, and (3) seek support for the plaintiffs and Negro
students “in their peaceful efforts to end segregation. ... ”
THE MONTGOMERY ADVERTISER a
Feb. 23, 1961 By Arthur Osgoode |
Four Negroes’ Suit Names State, City Officials
Four Alabama Negro ministers, whose property is being at-
tached to satisfy a half million dollar libel judgment, ar
asking a federal judge to halt what they describe as a
comspiracy to deprive them of their constitutional rights.
The four—the Revs. Ralph Abernathy, S. S. Seay, Sr.,
Fred Shuttlesworth and J. &. Lowery—have asked U. §.
District Judge Frank M. Johnson, Jr. to halt attachments |
of their property.
They have also asked that two suits pending against them §
by City Commissioner Frank Parks and Gov. John Patter.
son also be halted by court order.
The Negroes were co-defendants with The New York |
Times in two libel suits in which juries awarded half.
million dollar judgments to Mayor Earl James and City
Commissioner L. B. Sullivan.
pee
2122 2123
Ty Crecurr Court or Montcomery Coury, ALABAMA In Crmcvrr Court or Moyrcommry Couwry, ALaBaMA
Derenpant’s Exurerr No. 74 Derenpant’s Exuerr No. 75
THE MONTGOMERY ADVERTISER THE MONTGOMERY ADVERTISER
: NOVEMBER 2, 1960
(ONE PHOTOGRAPH ATTACHED TO ORIGINAL.)
FEB. 22, 1961 |
CAR ATTACHED FROM NEGRO MINISTER
SELLS FOR $400
B [fol 1564]
A Buick automobile that belonged to the Rev. Ralph / WITNESSES SAY AD REFLECTED
Abernathy brought $400 when sold Tuesday to partially . ON SULLIVAN
satisfy a $500,000 libel judgment for City Commissioner <
L. B. Sullivan.
J. T. Terry was high bidder. Bidding started at $100. |
One Negro who was among the bidders went up to $325.
The auctioneering was handled by Deputy Sheriff F. H.
Phelps, who attached the car.
Other property belonging to Abernathy and to the Rev.
Solomon S. Seay, another local defendant in the libel suit,
[fol. 1563] has been attached but the Abernathy car was
the first piece of property to be sold.
Cars have also been seized that belong to the other two
defendants, the Revs. Fred Shuttlesworth of Birmingham §
and J. E. Lowery of Mobile. 4
The four Negro ministers, co-defendants with the New @
York Times in libel actions by Sullivan and Mayor Earl |
James, failed Monday to get a federal judge to prevent
seizure of their property.
U.S. District Judge Frank M. Johnson, Jr. ruled in
Opelika that they must exhaust their remedies in state =
courts before he can enter the case.
Attachment of their property began when their attor-
neys failed to continue a motion for a new trial and al-
lowed it to expire.
q By Arthur Osgoode
4 The $500,000 libel suit of Montgomery City Commissioner
; L. B. Sullivan against the New York Times opened in Cir-
= cuit Court Tuesday, with most of the testimony bearing on
; whether Sullivan was sufficiently identified in an advertise-
—. ment to have been libeled.
Defense attorneys made little effort to back up the truth
= of statements in the advertisement, which charged oppres-
sive treatment of demonstrating Negro students.
The advertisement in question, which also brought suits
E by the other two city commissioners and Gov. John Patter-
- son, sought funds to defend the Rev. Martin Luther King
F in his perjury trial here.
# Attorneys for Sullivan presented a series of witnesses
= who testified they believed statements in the adverti ot
F reflected on Sullivan and the Montgomery police.
Defense attorneys in cross examination of several of
B the witnesses got them to say that they personally did not
= believe the statements and that they thought no less of
= Sullivan after having read them.
; After lengthy questioning of witnesses by defense at-
— torneys as to connections with the plaintiffs or their at-
= torneys, a jury of 12 white m
& Two Negroes called for jury service were the first to
= be stricken by the attorneys for Sullivan.
In opening arguments, attorney Roland Nachman, repre-
; senting Sullivan, said the suit was designed not only to com-
= pensate Sullivan for injury to his reputation, but “to deter
- these defendants from ever doing anything like this again.”
2124 2125
Still another paragraph says: “Again and again the
Southern violators have answered Dr. King’s peaceful pro-
tests with intimidation and violence. They have bombed
- his home, almost killing his wife and child. They have as-
= saulted his person. They have arrested him seven times—
for ‘speeding,’ ‘loitering’ and similar ‘offenses. And now
they have charged him with perjury—a felony under which
they could imprison him for 10 years.
fol. 1566]
He said he expected evidence would show The Times failed 4
to make an asked-for retraction to Sullivan, but that a
retraction to Patterson when demanded by the Governor.
As to Sullivan’s not being identified by name, he said
it was “not necessary that the ad name Mr. Sullivan.” And g
he pointed to references to alleged police acts which he ¥
said clearly reflected on Sullivan in the performance of his 3
duties.
[fol. 1565] EDITOR WITNESS
First witness for Sullivan was Grover C. Hall, Jr., editor
‘of The Advertiser, who said that after reading the state-
ents concerning Montgomery, “I think I’d associate it with
the city go the city issi or
Asked whether the statements in the advertisement would
affect his opinion of the commissioners, Hall referred
specifically to the charge that the lunchroom at Alabama
tate College had been padlocked to starve students into
submission.
Hall said he thonght starvation was an “indefensible”
: form of reprisal.
Hall was cross-examined by Crawford on whether he was
ore widely informed than ordinary readers, so that his was
an “expert opinion.” He also drew from Hall the state-
= ment that at the time the advertisement appeared his rela-
ions with Sullivan were not good, though they have since
VIGOROUS DENIAL
Eric Embry, representing the Times, vigorously denied 4
the advertisement charged “misconduct to Sullivan. Not by
“the wildest stretch of inference” could it be construed
as referring to the police commissioner, he said. 3
He said the New York paper “never had any first hand
knowledge of whether the statements were true or false,” :
and published them after they were received from a
reputable advertising agency. 3
Embry said a retraction was made in the ease of Gov.
Patterson because of his high position in the state, though
the Times did not believe he had been libeled.
The plaintiff’s case opened with a reading of the adver.
tisement in question by Calvin Whitesell, representing the +
eity commission.
SHARP PROTEST
The reading brought a sharp protest from Negro attorney
V. Z, Crawford of Mobile, representing four co-defendants, 4
four Negro ministers, the Revs. Ralph Abernathy, Solomon 4
S. Seay, Sr., F. L. Shuttlesworth, and J. E. Lowery. j
Crawford objected to what he said was the substitution -
of the word “nigger” for Negro, Whitesell said he was only §
using the pronunciation he had used all his life.
The pertinent sections in the advertisement referred to
“truckloads of police armed with shotguns and tear gas”
ringing the Alabama State College campus to quell student 4
demonstrations, and to expulsion of student leaders after a %
gathering on the Capitol steps during which Negroes sang
“My Country, "Tis of Thee.”
Succeeding witnesses were real estate and insurance man
rnold Blackwell, Advertiser Assistant Editor William
eDonald, clothing store manager Harry Kaminsky, ser-
ice station operator William M. Parker, Jr., and H. M.
rice, Sr., operator of a food service equipment business.
PERSONAL FRIEND
Blackwell, Kaminsky, Parker, and Price testified that
ey knew Sullivan personally, and they thought the adver-
tisement would have injured him in their eyes if they had
believed statements regarding actions of local police.
Price said he would have believed Sullivan was running
2126
2197 XM
old story to Alabamians. This just happens to be the time
when it was possible to yank a curb bit against a mendacious
jawbone.
In one sense there is consolation for Alabamians and
. Southerners in the results of the episodes, The Times is, if
ot the world’s greatest paper, then certainly its most
important. It has an exalted reputation for truth and re-
fol. 1568] straint and its voice is heard internationally. It
urt the state to be misused in The Times, but the proof
and acknowledgement of misrepresentation are many times
more conspicuous than would be in any other publication.
Newspapers throughout the country will mark it well that
The Times was forced into a humiliating acknowledgement
f inaccuracy and unfairness. For them this will be a flar-
“a young gestapo” in Montgomery and Parker that Sulli-
van was using “strong-arm” tactics.
Embry questioned each on his personal relations with
Sullivan and on whether each thought Sullivan was referred
to in specific statements in the advertisement.
Each of the witnesses jwas questioned on whether. pad.
locking of the college lunchroom or expulsion of the students %
could be regarded as chargeable to Sullivan under cross.
examination.
{fol. 1567] Embry also questioned Kaminsky closely on
whether he believed the police commissioner could be held
accountable for all misconduct of police officers.
Kaminsky replied that he thought the police commissione:
was accountable for actions of subordinates.
Perhaps some will speculate whether if Salisbury’s Birm-
gham reporting was deceptive and deficient if Salisbury’s
vaunted Moscow reporting was likewise.
If The Times can’t, or won’t, gather and print the truth
f about American cities, how can it be relied upon to gather
nd print the truth about remote London, Paris, Belgrade,
@ Warsaw, Budapest and Johannesburg?
One concession is cheerfully offered. The Times made
orrections in full and manly form. Time magazine, which
much more corrupt plus vicious, would never have made
uch a correction. Time’s cynical unwillingness to make cor-
ections is perhaps the rottennest aspect of its morality.
Ts Crrcurr Court or Montcomery County, ALABAMA
Derenpant’s Exursrr No. 76
THE MONTGOMERY ADVERTISER
May 17, 1960
THE TIMES ACKNOWLEDGES ERROR ;
The Governor of Alabama called The New York Times ag
liar, The Montgomery Advertiser and the Montgomery City:
Commission called The Times a liar.
The Times has now admitted it preinted lies about Mont
gomery, has retracted and apologized.
The discreditable, fictional character of The Times con-
tent has been established and half-admitted by The Time
The Times can hardly be expected to go back to 1956 anc
make an omnibus correction of all its distortions ab
Montgomery as not even the Sunday Times is large enoug!
for that.
As for the prominent American and Broadway dudes
whose names were married to the lies in the Times adver:
tisement, they evidently feel no shame and are unheard)
from. In the case of people such as Dr. Harry Emerson
Fosdick and Elmer Rice, this surprises The Advertiser.
There is nothing new about such distortions, they are
In Circurr Court or Monrcomery Country, ALABAMA
Derenvant’s Exusrr No. 77
HE MONTGOMERY ADVERTISER
APR. 7, 1960
ILL THEY PURGE THEMSELVES? a
There are voluntary liars, there are involuntary liars.
Both kind of liars contributed to the crude slanders
nst Montgomery broadcast in a full-page advertise-
nt in The New York Times March 29.
2128 2129
: But The Advertiser is going to have to revise some
= estimates if committeemen such as Dr. Fosdick, Rice and
- Thomas and The New York Times do not feel called upon
to ascertain whether The Advertiser is correct in asserting
their names are married to a slanderous lie.
As for the Reverend Doctor King, let the people of Mont-
gomery—colored and white—judge him. People here know
what happened. King knows what happened. It may be
[fol. 1570] that he never saw the ad before publication.
Hf so, let white and colored alike see what King does to
unwork this slander in his name.
And its up to The New York Times and the involuntary 3
liars to purge themselves of their false witness. a
The Times boasts that it screens advertisements to elimi-
nate what is indelicate or in bad taste. Perhaps demon- 3
strable lies will at some future time be screened and found
unfit for print.
[fol. 1569] This advertisement was sponsored by the
“Committee To Defend Martin Luther King And The
Struggle For Freedom In The South.” And of course it
was an appeal for cash contributions of the kind now
in question on the Reverend Doctor’s state income tax
return.
Among other things, the ad contains this statement;
“In Montgomery, Alabama, after students sang ‘My ‘Ev Crioum' Coustor Mowmeoummsy Couns, nee
Country, "Tis of Thee’ on the State Capitol steps, their
leaders were expelled from school, and truck loads of police
armed with shotguns and tear-gas ringed the Alabama State
College Campus. When the entire student body protested
to state authorities by refusing to re-register, their dining
hall was padlocked in an attempt to starve them into sub-
mission.”
Derenpant’s Exuirr No. 78
ALABAMA JOURNAL APR. 5, 1960
LIBERALS APPEAL FOR FUNDS
TO DEFEND M. L. KING
Sixty prominent liberals, including Mrs. Eleanor Roose-
elt, have signed a full-page advertisement in The New
Lies, Lies, Lies—and possibly willful ones on the part of @
ork ‘Times appealing for contributions to “the Commit-
the fund-raising novelist who wrote those lines to prey on #
the credulity, self-righteousness and misinformation of
northern citizens. . u
The Republic paid a dear price once for the hysteria an King, the integration leader and former pastor of Dexter
mendacity of abolitionist agitators. The author of this ad venue Baptist Church here, is scheduled to go on trial in
is a lineal descendant of those abolitionists and the breed 3 ay on two idnictments charging him with perjury in filing
runs true. State income tax returns.
On the committee whose names are affixed as sponsors The Negro Baptist minister is now living in Atlanta.
of the propaganda are some distinguished persons, su The latest available published rate schedule by The New
as Dr. Harry Emerson Fosdick, Elmer Rice and Norma! ‘ork Times indicates that the price of such an ad would be
Thomas. Such ones were victimized and we should think: $5,297.60. This is about $1,300 more than the bond which
they will deem it a duty to their own honor to test The® King made on the charge. .
Advertiser’s perjury charges and cleanse their names. The list of signers of the ad ineludes 17 entertainers,
Others of the committee are just corner pick-ups fro oth Negro and white. These include Harry Belafonte, the
the Broadway marquee such as Harry Belafonte, Mario egro singer; Marlon Brando, sereen actior; Nat King
Brando, Earth Kit, Shelley Winters and Mrs. Roosevelt? ole, Negro ballard singer ; Sammy Davis, Jr, Negro
They, of course, just came along for the ride and it proi opular singer; Dorothy Dandridge, Negro actress; An-
ably is not possible to excite their interest in a thing _thony Franciosa, screen actor; Van Heflin, sereen actor;
homely as truth. ahalia Jackson, Negro gospel singer; Eartha Kitt, Negro
2130
singer; Hope Lange, screen actress; Viveca Lindfors, stage
and screen actress; Don Murray, screen actor; Sidney Poi-
tier, screen actor; John Raitt, stage and screen singer; a
Robert Ryan, screen actor; Hope Stevens, screen actress; =
and Shelley Winters, screen actress.
OTHERS ON LIST
Other prominent names appearing on the list include Mrs.
Roosevelt, widow of the later President; Mrs. Ralph Bunche,
[fol. 1571] wife of the Negro diplomat; Dr. Harry Emreson
Fosdick, the noted Methodist clergyman; Norman Thomas,
American socialist leader, and Jackie Robinson, the Negro
athlete.
Also appearing on the list are the names of several
Southern Negro ministers, including the Rev. Ralph D.
Abernathy and the Rev. 8. S. Seay, Sr. of Montgomery.
The ad says in part:
“Obviously, their real purpose (in charging King with :
perjury) is to remove him physically as the leader to whom
the students and millions of others look for guidance and
support, and thereby intimidate all leaders who may rise
in the South.”
WAVE OF TERROR
Leaders of the integration movement, the ad says, are
being subjected to “an unprecedented wave of terror.”
There was one misstatement of fact in the ad, and another
could not be verified.
The ad said Negro student leaders from Alabama State
College were expelled “after students sang ‘My Country,
"Tis of Thee’ on the State Capitol steps.” Actually, the
students were expelled for leading a sit-down strike at the
courthouse grill.
The ad also states:
“When the entire student body protested (the expulsion)
to state authorities by refusing to re-register, their dining
hall was padlocked in an attempt to starve them into sub-
mission.”
Authorities at the college said “there is not a modicum 4
of truth in the statement.” They pointed out that registra- :
2131
tion for the spring quarter was only slightly below normal
and they deny that the dining hall was padlocked.
E Neither Seay nor Abernathy could be reached for ques-
= tioning about the padlocking statement.
[fol. 1572]
In Crmovrr Courr or Mortcommry Country, ALABAMA
Derenpayr’s Exursrr No. 79
— ALABAMA JOURNAL APR 9, 1960
. CITY DEMANDS RETRACTION OF AD IN TIMES
GALLION SAYS HEAD OF SPONSORS
HAS MORALS RECORD
Mont; y City Cc have requested a re-
traction by The New York Times for charges carried in a
full-page advertisement March 29.
This could be a preliminary to possible damage suits (le
= against the newspaper.
The advertisement was sponsored by the “Committee to
Defend Martin Luther King,” and seeks contributions to
e help pay the Negro integration leader’s legal expenses in
connection with a suit pending against him.
UNDER INDICTMENT
King, minister of an Atlanta, Ga., Negro Baptist Church,
has been indicted on a perjury charge in connection with
© his Alabama state income tax returns.
—. Atty. Gen. MacDonald Gallion and other state officials
phave d d the adverti t for its claims about
treatment of Negroes in Alabama.
Gallion said it contained “vicious, unfounded and ma-
LED BOYCOTT
The Negro minister was a leader in the mass Negro boy-
g cott against segregated city buses in Montgomery five years
ago.
= Among those endorsing the fund raising campaign and
= whose names are listed in the advertisement are Mrs.
2133
ee
Franklin D. Roosevelt, actor Marlon Brando, singer Harry
& Belafonte, actress Shelley Winters and A. Philip Randolph,
president of the Brotherhood of Sleeping Car Porters.
He said that after his investigation is complete he will
recommend to Gov. John Patterson that the state consider
legal action against the sponsors of the advertisement.
[fol. 1574] Gallion referred to an advertisement spon-
© sored by the “Committee to Defend Martin Luther King
and the Struggle for Freedom in the South.”
TIMES IS SILENT
In New York, the Times said it had no comment on the
\ [fol. 1573] demands for a retraction.
At Birmingham, where Gallion is attending a meeting of
securities administrators, the attorney general said one of
the sponsors of the advertisement had a record of sex per-
| version.
RAISE FUNDS FOR KING
-. The committee was organized to raise funds to help the
; Rev. Martin Luther King, Jr., a Negro integration leader,
: fight a perjury charge in Alabama.
=. King, a Baptist minister now living in Atlanta, is ac-
eused of turning in a false Alabama state income tax
returns.
Gallion attending a meeting of Southern securities ad-
; ministrators in Birmingham, said in a statement Thursday.
Gallion said Bayard Rustin, a Negro integration leader,
was convicted on such a charge at Pasadena, California in
1953. 5
Rustin could not be reached immediately in New York for
comment. He is executive director of the group which spon-
sored.theradvertisement. “We are sick and tired of warped and slanted attacks
; on Alabama and the South and it is particularly repre-
60-DAY TERM CITED : hensible to be the subject of this lie attack.”
Gallion said Rustin was sentenced to 60 days in Los @&
Angeles County on conviction of a sex perversion charge.
Gallion said in a statement that sponsors of the advertise-
ment subscribed to “vicious, untrue facts about Alabama
authorities without checking backgrounds of truth.”
5 “Tn the light of events I feel compelled to reveal the record
of Bayard Rustin.”
CHARGES SAID FALSE
e Gallion said “Charges in the advertisement that the din-
= ing room at Alabama State College was padlocked recently
= are downright lies that reflect on the integrity of the people
p of this state as a whole.”
» He said he had investigated these and other charges
; contained in the advertisement and found them “completely
- untrue and unfounded.”
3 In Montgomery, Seeretary of State Bettye Frink said
| sponsors of the advertisement should be prosecuted “for
falsifying the State of Alabama with lies. ...”
* Mrs. Frink charged that circulation of the newspaper
= through the mail constitutes “using the mails to defraud
inasmuch as the ad contains misleading statements.”
Ty Crcurr Court or Montcomery County, ALABAMA
Derenpant’s Exurerr No. 80
ALABAMA JOURNAL APR 8, 1960
GALLION PLANS TO TAKE ACTION ON TIMES AD
BIRMINGHAM (AP)—Alabama Atty. Gen. MacDonald ;
Gallion says he will recommend legal action against spon-
sors of a New York newspaper advertisement critical of
Alabama.
Gallion said the advertisement, published earlier this
week, contains “vicious, unfounded and malicious lies”
about Alabama’s action in recent racial incidents.
—
NOB 2134
2135
[fol. 1575]
Iy Crcurr Court or Montcomery County, ALABAMA
and signed by money-beggars who want to defend such a
despicable character as Martin Luther King in the courts
and to save him from the penalties of his derelictions.
Derenpant’s Hixutsit No. 81
M [fol. 1576]
STAD JOURNAL APRIL 9, 1960 Ty Cmcourr Courr or Montcomery County, ALABAMA
NOT THE FIRST LIE ABOUT SOUTH
Now that Montgomery is once again the victim of wholly 3
false stories published by a group of Negroes and Mrs.
Roosevelt in the New York Times, we must remember the
trials our forefathers endured years ago.
Harriet Beecher Stowe, a poor frustrated wife and sister
of Henry Ward Beecher, wrote a tissue of falsehood about
the South though she had never been any further South
than Cincinnati.
It was the kind of falsehood people in those days wanted
to hear and they got an earful from Uncle Tom’s Cabin.
Great preachers, poets and literary men of New England
did not hesitate to tell the baldest falsehoods about the
South and its treatment of Negroes.
Another great abolition preacher linked the South in his
hateful phrase with the Democratic party as the party of
“Rum, Romanism and Rebellion,” and defeated a candidate
for election to the presidency.
So there is nothing new when the South is traduced and
misrepresented. Unfortunately, there is nothing we can
do about it.
Even a war did not stop the lies about the South.
A thing cannot be sued for libel for the laws do not recog-
nize libel of an inanimate thing; libel can be only against
persons or individuals.
If Montgomery could show property injury or damage
for recovering in the courts, but the signers of the latest
form of “the big lie” probably could not pay judgment if
one was awarded. :
It must be very disappointing to regular readers of The
New York Times, one of the world’s really great news-
papers, to find it has been willing to lend its columns fo:
such a page of falsehood as that published the other day
Derenpant’s Exursrr No. 82
ALABAMA JOURNAL APRIL 16, 1960
BHAM OFFICIALS TO SUE N. Y. TIMES
: BIRMINGHAM (AP)—Birmingham’s City Commis-
; sioners have announced they will file suits as individual’s
against The New York Times for articles critical of Birm-
ingham in its racial troubles.
= And Atty. Gen. MacDonald Gallion says his office is ready
to make recommendations concerning possible damage ac-
E tion over an advertisement in The Times critical of Mont-
- gomery.
; Birmingham’s Police Commissioner, Kugene Conner,
= called the articles “cheap attempts to smear our city and
= state.”
Mayor James W. Morgan said the city’s three Commis-
sioners decided Friday to file the suits in Cirenit Court.
He said the cost would be borne by the commissioners.
= The other commissioner joining in the action is Street
: Commissioner J. T. Waggoner.
Morgan said a Birmingham law firm already has been
retained.
The articles appeared in_the April 8-9 editions of The
Times under the byline of Harrison Ei. Salisbury. They
pictured Birmingham as a city where telephones are
tapped, mail is intercepted and opened, and where “the
eavesdropper, the informer, the spy have become a fact of
fe.”
The commissioners said they have been advised that they
possibly may recover punitive damages because they are
elected to uphold Birmingham laws which the articles inti-
mated had not been enforced.
|
i
\
\
2136 2137
Morgan said “We think the stories were so unfair and @
untrue in so many respects that they were a reflection 3
against people of Birmingham, both white and black.”
“Ym sure they are resented by both races,” he said. |
The mayor said no figure has been set as to the amount
sought.
[fol. 1577] The commissioners said the suit would be filed
in state court because the newspaperman who wrote the
stories being questioned visited Alabama.
Both the morning Birmingham Post-Herald and the eve-
ning Birmingham News published the Salisbury stories in
full, and criticized them editorially.
= for the legal defense of Negro integrationist Martin Luther
e King, Jr.
| Close sources on Capitol Hill said today Gallion will
; [fol.1578] make the recommendation to Gov. Patterson
| Monday when the chief executive returns from a trip to
= Puerto Rico.
The sources said Gallion probably would recommend that
one or perhaps two state agencies file the suit with the
attorney general’s office handling the legal work. The
sources said the state agencies probably would be either
= the State Board of Education or the Board of Trustees for
= Alabama State College for Negroes here. Or both.
REPORT BEING DRAFTED
A spokesman in the attorney general’s office declined to
- comment on the report other than to say “it is being drafted
at the present time. It will be presented to the governor
onday.”
Gallion undertook investigating the possibilities of a
libel suit shortly after the full-page advertisement appeared
March 29. The governor has not publicly discussed the ad
which created a storm of criticism throughout the state.
| Sixty prominent liberals, including Mrs. Eleanor Roose-
velt, signed the ad appealing for contributions to “the Com-
ittee to Defend Martin Luther King and the Struggle for
Freedom in the South.” The list of signers included 17
entertainers, both white and Negro.
King, former president of the Montgomery Improvement
Assn. which spearheaded the successful Negro boycott of
ases here four years ago, is scheduled to go on trial in
ireuit Court here next month on two indictments charg-
g him with perjury in filing state income tax returns.
‘The Negro Baptist minister recently moved to Atlanta
‘where he directs the Southern Christian Leadership Con-
ference.
The ad says in part:
Is Crrcurr Court or Montcommry County, ALABAMA
Derenpant’s Exuzerr No. 83
ALABAMA JOURNAL APRIL 19, 1960 3
TIMES REVEALS CRITICAL LETTERS :
NEW YORK (UP)—The New York Times said today it
had received about 28 letters from Alabama and two from @
former Alabamans about the story critical of Birmingham.
The newspaper said of the letters received, 15 to 18 could;
be considered critical of reporter Harrison Salisbury, who
said Birmingham was gripped in racial hatred and fear.
Ty Creurr Court or Montcommry Country, ALABAMA
Derenpant’s Exuisrr No. 84
ALABAMA JOURNAL APRIL 15, 1960
SOURCE SAYS GALLION TO URGE AD SUIT
By Donald F. Martin United Press International
Alabama Atty. Gen. MacDonald Gallion is expected te
recommend that a libel suit be filed against the New York
Times in connection with an advertisement soliciting funds
“Obviously, their real purpose is to remove him (King)
physically as the leader to whom the students and millions
f others look for guidance and support, and thereby intimi-
ting all leaders who may rise in the South.” The ad says
Gallion undertook investigating the possibilities of a libel
suit shortly after the full-page advertisement appeared in
The Times March 29. The report was completed during
the weekend.
2138
leaders of the integration movement are being subjected to
“an unprecedented wave of terror.”
The ad also says “when the entire student body protested
(the expulsion of nine students for participating in a sit- “%
down demonstration at the white snack bar at the county @
[fol. 1579] courthouse) to state authorities by refusing to
re-register (at Alabama State College), their dining hall §
was padlocked in an attempt to starve them into sub- @
mission.”
College authorities denied the dining hall was ever closed. |
[fol. 1580]
Ty Cmcurr Court or Monteomery County, ALABAMA
Derenpant’s Exuzsrr No. 86
ALABAMA JOURNAL APRIL 18, 1960
| UNWORTHY NEWSPAPER POLICY
The New York Times is a great newspaper, but Shake-
speare wrote long ago:
In Ciecutr Court or Moytcomery Country, ALABAMA
Derenpant’s Exursrr No. 85 O, it is excellent
ALABAMA JOURNAL APRIL 17, 1961 Me here ann Strength;
REPORT DUE ON TUESDAY ON LIBEL SUIT Touse it like a giant.
Alabama Atty. Gen. MacDonald Gallion has decided te
withhold his report on whether to file a libel suit against
The New York Times until the Alabama School Authority
meets Tuesday.
Ed Strickland, Gallion’s executive secretary, said the at-4
torney general thought it would be better to present his §
recommendations to the authority meeting which would be
attended by Gov. Patterson and other state officials, includ- #
ing Finance Director Charles Meriwether and School
Superintendent Frank Stewart. FE
Gallion is expected to recommend that a suit be filed.
against The Times in connection with an advertisement
soliciting funds for the legal defense of the Rev. Martin
Luther King, Jr.
Capitol Hill sources said Gallion probably would recom-'
mend that one or perhaps two agencies file the suit with the
attorney general’s office handling the legal work. The
sources said the state agencies probably would be either
The Times these days is showing shortcomings of which
ven the old Police Gazette would not be guilty.
The Times’ recent attacks on Alabama, Montgomery and
‘irmingham, are unworthy of any self-respecting news-
aper.
Its full page advertisement signed by Eleanor Roosevelt,
= Ralph Abernathy et al, to raise $200,000 for M. L. King to
lefend himself against income tax fraud in Alabama is a
ack of lies from beginning to end. Without some Sinister |
arpose, no newspaper would print such libelous and scan-
alous material without confirming its contents.
The Times’ recent slanderous dispatches from Birming-
ham are so full of personal venom, exaggeration and un-
ruth as to be a sinister reflection upon any newspaper
rinting them.
The Times’ refusal to print the dignified, scholarly and
irrefutable Putnam letter to President Hisenhower is un-
xplainable @xcept on the grounds of fixed determination
to turn its back on truth about the South and the relations
etween the white and black races in this region.
2141
\Wy 2140
There is something sad about a great newspaper’s get-
ting down in the gutter and wallowing in lies—bold lies,
palpable lies, deliberate lies.
Birmingham and Montgomery authorities are discussing
the advisability of bringing damage suits or libel suits
against the newspaper which has become a smearer. This
is a doubtful method of showing resentment. Z
{fol. 1581] In the first place the laws usually hold that
only a person, not a thing, can be libeled. e
As for collecting damages for what the Times has done,
it would be impossible to show that Alabama or any of its
cities have been damaged by the publications in the Time
The Times’ new policy may go big in Harlem, but Ala.
bama, from one end of the state to the other is growin
so rapidly, is acquiring new residents and industries so
rapidly that it would be hard for anyone to prove the state
and its cities have suffered any damage. 3
. Gallion is expected to recommend that the libel suit be
filed against the giant New York newspaper.
; Meanwhile, sources close to the Montgomery City Com-
mission said the three commissioners probably would also
file a libel suit against the newspaper for printing the
March 29 ad.
3 vever, Police C. issi L. B. Sullivan and assist-
» [fol. 1582] ant city counsel Calvin Whitesell would not
comment on whether the commissioners were considering
suit. Whitesell said only such a suit would have to be
filed by the three men as individuals and not as repre-
sentatives of the city.
In Cmovurr Court or Montcomery County, ALABAMA
Derenvant’s Exum No. 88
ALABAMA JOURNAL APRIL 20, 1960
: CITY OFFICIALS SUE N. Y. TIMES
A half-million dollar libel suit has been filed in Cireuit
ourt here against The New York Times by Montgomery’s
three city commissioners who claim they were defamed in
an advertisement that solicited money to defend the Rev.
Martin Luther King, Negro leader, when he goes on trial
y for perjury.
E Mayor Earl D. James, Commissioner Frank Parks and
¢ Commissioner L. B. Sullivan also named the Revs. Ralph
t Abernathy, Fred L. Shuttlesworth, S. S. Seay, Sr., and
_ J. E. Lowery as defendants in the suit, filed yesterday
; afternoon.
Abernathy and Seay, Montgomery ministers, were active
with King in activities of the Montgomery Improvement
; Assn. and Shuttlesworth is a Birmingham minister active
| in integration movements. Lowery is an integration leader
& in Mobile and al of their duties.
In Crrcurr Court or Monteomery County, ALABAMA
Derenpant’s Exusrr No. 87
ALABAMA JOURNAL APRIL 19, 1960
GALLION HOLDING RECOMMENDATION FOR
SCHOOL BOARD
Atty. Gen. MacDonald Gallion again refused to reveal
his recommendations on whether the State Board of Edu-
cation should sue The New York Times for printing an |
advertisement soliciting funds for the legal defense of #
Martin Luther King, Jr. a
Gallion told newsmen his report was “a matter for the @
State Board of Education” and that he would not discuss 2
his recommendations at today’s meeting of the Alabama =
Education Authority. F
Gallion said his report was complete but he would not 3
release it because of “courtesies to the proper authorities.” ©
The attorney general said he planned to discuss his recom-
mendations with Gov. Patterson and School Superinten-
dent Frank Stewart either today or tomorrow.
FULL-PAGE AD
March 29 editions of The Times published the full-page
; ad seeking funds to help King defend himself against a
@ charge of falsifying state income tax returns.
2142 2143
James, Parks and Sullivan charged that the ad’s version
of incidents surrounding recent demonstrations by Mont- ™
gomery Negro college students subjected them to ridicule 2
and embarrassment. 3
They contended that the advertisement contained untrue
material which reflected on them personally and on per-
formance of their duties, and that The Times refused their
demands to print a retraction.
{fol. 1583] Among the disputed facts in the ad:
3
“Tn Montgomery, Ala., after students sang ‘My Country, gS
"Tis of Thee’ on the Capitol steps, their leaders were ex- =
pelled from school, and truckloads of police armed with
shotguns and tear-gas ringed the Alabama State college =
campus.
“When the entire student body protested to state au-
thorities by refusing to re-register, their dining room was
padlocked in an attempt to starve them into submission.”
OTHER SIGNERS
Its other signers included such prominent persons as
; Mrs. Eleanor Roosevelt, Marlon Brando, Shelley Winters,
s Eartha Kitt and Harry Belafonte.
f Suits were filed individually on behalf of James, Parks
; and Sullivan. The law firms of Scott, Whitesell, and Scott,
and Steiner, Crum and Baker are representing the city
officials.
Similar suits have been filed against The Times by
Birmingham’s commissioners for a series of articles deal-
ing with the racial situation in the South.
[fol. 1584] Although the suit was filed in Circuit Court,
the newspaper can demand transfer to Federal Court be-
cause the plaintiffs and defendants live in different states.
Usually in such cases the transfer is requested.
CITES OTHER TROUBLES iy Omcvir Court or Mowtcommry County, ALapama
Derenpant’s Exutsrr No. 89
- ALABAMA JOURNAL APRIL 21, 1960
GOVERNOR TO RULE ON LIBEL SUITS
e EARLY NEXT WEEK
= Gov. John Patterson is expected to reveal early next
e week whether he and the other members of the State Board
; of Education will sue The New York Times for libel.
Atty. Gen. MacDonald Gallion recommended to him yes-
= terday that board members file libel suits because of an
= advertisement which criticized handling of racial incidents
in Alabama.
“We have confirmed ... that many of the statements
@ were complete lies,” Gallion said after investigating eon-
tents of the full-page ad published in The Times March 29.
2 Of his study into the feasibility of taking the issue to
= court, Alabama’s chief legal officer said: “My conclusions
, and recommendations were definite. File a multi-million-
dollar law suit.”
The ad also alluded to racial troubles in a number o!
other southern cities, and suggested that the perjury ac-
tion against King was aimed at curtailing his integratioi
activities. 4
All four co-defendants with the newspaper have been
active in racial dealings. Abernathy succeeded King earh
this year as president of the pro-integration Montgomery
Improvement Assn.
King, who now lives in Atlanta, organized the group four
years ago to launch the Negro boycott climaxed by integra-
tion of Montgomery city buses. Seay is the association’
executive secretary.
Shuttlesworth, head of the Alabama Christian Movement
for Human Rights, was convicted of conspiracy earlier this:
month in the wake of Negro sit-in demonstrations in five
Birmingham eating places.
The controversial Times ad which they signed was spon-
sored and paid for by “the Committee to Defend Martin
Luther King and the Struggle for Freedom in the South,
2144 2145
CITY OFFICIALS FILE SUIT
The newspaper already faces three libel suits filed by
Montgomery’s city commissioners as an outgrowth of the
same ad. The suits seek damages totaling $1,500,000. E
After a lengthy conference with the governor, during 3
which he recommended suing The Times, Gallion pointed
out what he called “complete lies” in the controversial ad-
vertisement.
Among them was the untruthful and libelous statement,
for example, that state authorities padlocked the dining
hall of the Negro Alabama State College in an attempt te
starve Negro students into submission,” he declared.
“This and other vicious charges certainly defame Ala-
[fol. 1585] bama (and the only practical method to publicly
expose the widely published matter... is before the bar
of justice.”
In Crcurr Count or Montcomery County, ALABAMA
Derenpant’s Exutstr No. 90
| ALABAMA JOURNAL APRIL 22, 1960
(REPLY TO N. Y. TIMES) NOT A CITY OF
RACE TERROR
(CHARLESTON NEWS AND COURIER)
In two articles on Birmingham, Ala., The New York
Times has plumbed new depths of reportorial unfairness.
- The articles, written by Pulitzer Prize winning reporter
Harrison E. Salisbury, represent a shocking journalistic
objectivity.
[fol. 1586] Citizens of Birmingham, we are told, are
aroused and indignant at the defamation of their city.
Well might they be, for the articles present the big Alabama
2 steel city as worse than any of the Soviet cities Mr. Salis-
. bury wrote about when he was Moscow correspondent for
the Times.
According to Mr. Salisbury, Birmingham is a city where
“every reasoned approach” to the race problem “has been
fragmented by the emotional dynamite of racism, rein-
forced by the whip, the razor, the gun, the bomb, the torch,
the club, the knife, the mob, the police and many branches
of the state’s apparatus.” He said that “the eavesdropper,
the informer, the spy have become a fact of life.” Birm-
s ingham police are represented as a terrorist group ruled
by race hatred. The Ku Klux Klan is depicted as riding
E high, so much so that suburbanites know which of their
* neighbors belong to the KKK.
In short, Mr. Salisbury’s articles present Birmingham
.as a hideous community of lawlessness, terror, and injus-
_tice. He found somebody who called it the Johannesburg of
the United States and gleefully passed on the phrase.
John Temple Graves, distinguished Southern newspaper
writer who lives in Birmingham, informs us that the Salis-
bury articles are completely without foundation. Birming-
ham’s police chief, he said, is tough in his handling of all
groups formenting riots, “but he is determined to be as
fair as he is tough.”
STATE HAS NO SUIT
The attorney general said he informed Patterson that
the state of Alabama itself has no cause of action, but
that individual members of the State Board of Educatio:
do. Patterson is board chairman.
Purpose of the embattled ad was to raise money to hel
pay legal expenses of the Rev. Martin Luther King, Jr. 4
The Negro leader will be tried here next month on charges @
of falsifying state income tax returns.
“The committee to defend Martin Luther King and th
struggle for freedom in the South” paid for the ad, signed
by such personages as Mrs. Eleanor Roosevelt, Marlon |
Brando, Shelley Winters, Eartha Kitt and Harry Belafonte.
Three $500,000 libel suits against The Times and four
Negro integration leaders who also signed the ad .were :
filed Thursday by Montgomery’s Mayor Earl D. James and.
City Commissioners Frank W. Parks and L. B. Sullivan. :
Negroes named in the suits are the Rev. F. L. Shuttles-
worth of Birmingham, The Rev. J. E. Lowery of Mobil
and the Rev. Ralph D. Abernathy and the Rev. S. S. Seay,
Sr., both of Montgomery.
Vn
2146
Mr. Graves also pointed out that the Salisbury articles
failed to mention that five Klan members, who attacked
and mutiliated a Negro last year, were convicted in a
Birmingham court and sentenced to 20-year jail sentences.
“Not even Atlanta,’ he said, “with all its talk of liberal-
ism, has been as summary in its punishment of law-
breakers.”
Terming the Salisbury articles “an arrant lie,” Mr.
Graves said that The New York Times reporter, to the
best of his knowledge, did not talk with prominent white
leaders. The Birmingham Post-Herald disclosed in an edi-
torial Thursday that Mr. Salisbury had not discussed racial
conditions in Birmingham with newspapermen in that city.
[fol. 1587] Granting his skill in the use of words, we find
Mr. Salisbury’s approach to race relations in the South
more like the propogandist’s than the objective reporter’s.
If The Times is intent on stirring revolution in the South,
as it did with its promotional articles on Fidel Castro in
Cuba, it is going about its business with determination and
skill.
Such distorted pictures of the South do the American -
Republic no good in the eyes of the world. They may bring :
suffering to peaceful citizens of both races in the South.
iy Cimcuir Court or Montecomery County, ALABAMA
Derenpant’s Exuserr No. 91
ALABAMA JOURNAL
IVS THE SAME THING
(GREENSBORO WATCHMAN)
We refuse to get excited over the articles of Harrison
APRIL 26, 1960
Salisbury in The New York Times which have attacked
Alabama in general, and Birmingham in particular. These
articles were vicious; they were based on falsehoods an
half-truths—but as far as we are concerned, it’s old hat
We are used to this treatment. We can remember, less than
two decades ago, when such apsotates as Charles Feidelso:
ruled over the most influential editorial pages in Alabama, 3
2147
and devoted a large part of their time to harassing the
Black Belt. We were denounced, and held up to scorn all
over the south... .
Things are different now. The Black Belt maintains its
compassionate view of the Negro, on his way up, and deserv-
ing of our help in the process. Our relations may not be
quite as good as they were prior to 1954, but they are bet-
ter than in any other part of Alabama. We have had no
trouble and we expect none. By generations of experience,
we have learned to live in peace as two races; we have our
agitators, but we also have in our midst a strong group
of white people—perhaps a majority—who refuse to con-
[fol. 1588] done violence and at the same time demand a
fair chance for the Negro, based on his own abilities. We
also have a strong group of Negroes who are willing to
work out their destiny on their own merits, within their
own racial structure.
Birmingham stands today where we stood two decades
ago—a people vilified, misinterpreted and misunderstood.
But there is no need to get angry; there is a real need for
patience. A few years from now, we may see Washington,
New York and Chicago—all with racial problems which they
don’t know how to solve—in the same position which we
find Birmingham today—harassed and vilified by people
who are safely removed from the scene of the trouble. It
is human nature when people who know the least about <
a problem are the ones who presume the greatest knowledge
in solving it.
—
In Crrcurr Courr or Montcomery Country, ALABAMA
Derenpant’s Eixnrsrr No. 92
ALABAMA JOURNAL APRIL 28, 1960
GOVERNOR PLANS TO SUE TIMES FOR AD LIBEL
“T felt personally defamed,” says Gov. John Patterson
of plans to file a libel suit against the New York Times and
four Negro integration leaders.
The governor revealed Wednesday that he will sue for
| a “substantial sum” in damages because of an advertise-
2148 2149
ment, which criticized handling of Alabama racial prob-
lems, published in The Times March 29.
Patterson told a news conference that he plans to file
suit in state court as an individual, but had not arrived
at the amount of damages to be sought.
In New York The Times declined to comment on the
governor’s announcement.
Jr., who faces trial here next month on charges of falsify-
ing state income tax returns.
Because of the ad, three $500,000 libel suits against The
Times and the four Negroes already have been filed by
Montgomery’s Mayor Earl D. James and City Commis-
sioners L. B. Sullivan and Frank W. Parks.
All four co-defendants with the newspaper have been
active racially. Abernathy succeeded King early this year
as president of the pro-integration Montgomery Improve-
ment Assn.
' Now living in Atlanta, King organized the MIA four
_ [fol. 1590] years ago to spearhead the Negro boycott which
led to integration of Montgomery city buses. Seay is the
- MIA’s executive secretary.
Shuttlesworth was convicted of conspiracy early this
* month in the wake of Negro sit-in demonstrations in five
Birmingham eating places. He heads the Alabama Chris-
tian Movement for Human Rights.
AFTER TUESDAY
Word on the lawsuit will begin after Tuesday’s election,
[fol. 1589] he said, because his attorney, Public Service 4
Commissioner Ralph Smith, is running for delegate-at-
large to the Democratic National Convention.
“T have made a considerable study of the advertisement
. and have come to the conclusion the ad was false, mali-
cious and constitutes a defamation of the citizens of Ala-
bama and particularly to the state officials,” the governor
declared.
“T have decided to sue the New York Times along with the
four Negro rabblerousers who live in Alabama who signed
the ad,” he said.
In Crmcurr Court or Montcomery County, ALABAMA
NEGROES NAMED Derenpant’s Exuterr No. 93
The four Negroes he named—all racial leaders—are the
Rev. J. E. Lowery of Mobile, the Rev. F. L. Shuttlesworth
of Birmingham; and the Rev. Ralph D. Abernathy and the
Rev. S. S. Seay, Sr., both of Montgomery.
Patterson said he was especially upset over the ad’s 4
treatment of the statement that the cafeteria at Alabama
State College was padlocked last month in an effort to starve
demonstrating Negro students into submission.
“That was an absolute lie,” he declared, “and I think
the New York Times knows that was a lie.”
Disclosure of the governor’s plans came after Atty.
Gen. MacDonald Gallion recommended litigation by mem-
bers of the State Board of Education, of which Patterson
is chairman.
ALABAMA JOURNAL APRIL 27, 1960
- TIMES WILL PROBE ACCURACY OF STORIES
NEW YORK (AP)—The New York Times says it will
publish “an appropriate correction” if incorrect or inac-
* curate statements were made in stories published by the
= newspaper relating to Birmingham, Ala.
The newspaper earlier this month published two stories
by Harrison E. Salisbury concerning Birmingham’s racial
troubles.
The Times statement, issued by Managing Editor Turner
E. Catledge, was published in reply to letters from Birming-
ham City Commissioners.
The Times also published the text of the letters from
© Mayor James W. Morgan, Commissioner of Public Safety
= Eugene Connor and J. T. Waggoner, commissioner of
6 public improvements.
IN KING’S DEFENSE
The full-page ad was sponsored by a committee ra’
funds for legal defense of the Rev. Martin Luther
2150
They complained that The Times stories, published April
12 and April 13, inferred that the commissioners had en-
couraged or condoned racial hatred or religious intolerance.
WOULD FILE SUITS
The commissioners had said they would file suits if no
retraction or correction is published by The Times.
The Times statement said:
“The stories from Birmingham were prepared by a re-
liable and experienced reporter. They were based on inter-
views with residents of Birmingham and in addition
brought together material which had previously been re-
[fol. 1591] ported in the Birmingham press and elsewhere.
“The Times’ standards require the reporting of the news
in its fullest and most balanced form. In keeping with
these standards, the demand for retraction is being pub-
lished so that our readers may know the elements of the
Salisbury articles which the Birmingham Commissioners
feel are unfair.”
The statement said William '!. Engel, chairman of the
Birmingham Committee of One Hundred has been invited
to prepare a statement of its point of view, which The Times
will published when it is received.
The Committee of One Hundred is composed of leading
Birmingham businessmen and is organized to attract new
industry to Birmingham.
The statement continued:
“The two articles about Birmingham constituted a story
of the tension that our reporter coneluded exists there. We |
recognize that the articles did not stress the obvious fact |
that an overwhelming percentage of the citizens of that city 3
lead happy and peaceful lives in a growing and prosperous %
community. a
“Nor did the articles stress the equally obvious fact that z
this substantial element of the citizenry deplores any law- 4
lessness that may exist in their city and is working in its 3
own way to correct and reduce such tensions as exist.” 3
“Should further investigations by The Times indicate |
that any statement in the Salisbury articles is incorrect or
inaccurate in any respect, The Times will publish an ap-
propriate correction.”
2151
Ty Crcorr Court or Mowrcomery County, ALABAMA
Derewpant’s Exurerr No. 94
Alabama Journal
THE TIMES AND SALISBURY
A statement by the managing editor of The New York
[fol. 1592] Times defends the outrageously distorted and
untrue story about Birmingham written by Harrison EB.
Salisbury because “Mr. Salisbury is an experienced re- 2
porter and once won a Pulitzer prize.”
Those two facts do not make an honest reporter and
Salisbury has proved that.
Salisbury is an old offender in so far as biased and
distorted reporting is concerned. In the current National
Review, Eugene Lyons takes the hide off of Salisbury for
his past record of inaccuracy in his Moscow reporting, and
for the statements made in Salisbury’s new book “To
Moscow—And Beyond.” Salisbury spent six years in
Russia, and then went back again for six months to write
his book. He takes a new look, according to Lyons, boldly
saying “Krushchev liberalism” seems to him a sufficient
foundation for a 180-degree turn in Western policy, looking
at an eventual American alliance with Communist Russia—
against Communist China. Salisbury says “Krushchev is
preparing his people for that golden era in relations with
the Western world for which they had so long yearned.”
As for Salisbury’s on-the-spot reporting about Russia,
Eugene Lyons writes:
May 7, 1960
\
“The truth is that this rationale or ‘playing ball with
Khrushchev’ has in recent years been common forensic
eurrency among those eager to stake all on the rhetorie of
peaceful co-existence.’ And that is what makes the new
Salisbury book potentially mischievous. It provides a
manual for piecemeal surrender to Moscow. Salisbury
bids fair to become for the 1960’s what his long ago prede-
cessor in the Soviet post Walter Duranty, was for the
1930’s: the authority for self-delusion rooted in half-truth
and wishful thinking. . . .
2152 2153
“Yet by 1954 when he wound up a stint of nearly six years
in Moseow, he was widely regarded as a fellow traveler.
Time could write that ‘his reports often read more like
Red propaganda than accounts of what was really going
on inside Russia.’ At regular intervals, for example, he
had assured the Times customers that the entire popula-
tion was 100 per cent behind Stalin’s domestic and foreign
policies.” 3
‘When a man writes like that of today’s and yesterday’s @
Soviet dictators after spending so much time with them, 3
{fol. 1593] why should it cause any surprise that a reporter |
of his temperament should write such an untrue, biased and @
distorted story about Birmingham after spending 48 hours 3
in the Alabama city? E
The New York Times seems unfortunate in its choice of |
foreign correspondents. One of them boosted Castro to the 4
skies and refused to change his opinion evern after Castro %
had shown himself a genuine heel. Now, Salisbury is un-
able to write the true facts about Khrushchev in his news- ©
papers.
So, a man may win a Pulitzer prize and be an experi-
enced newspaperman and reporter and “still be a villan.”
All three complaints charged that The Times printed a
story April 12 “with intent to defame” the commissioners
“falsely and maliciously.”
[fol. 1594]
Ty Cicurr Court or Montcomery Country, ALABAMA
Derenpant’s Exurerr No. 96
ALABAMA JOURNAL MAY 12, 1960
GOVERNOR PREPARES SUIT AGAINST
N. Y. TIMES
Governor John Patterson said Wednesday he had asked
The New York Times to retract statements in an advertise-
= ment which solicited funds for the legal defense of Negro
= leader, Martin Luther King, Jr.
* The governor also said a suit of “about one million
; dollars” was being prepared against the Times. The re-
quest for a retraction is the first stcp in filing a libel suit
e in Alabama.
~ _ The governor told a news conference the notice also had
= been filed with the Revs. Ralph Abernathy and Solomon S.
e Seay, Sr., both of Montgomery, Fred L. Shuttlesworth of
= Birmingham and J. E. Lowery of Mobile, all Negroes who
_ were among the 60 signers of the advertisement.
| The governor said he will file one million dollar suits
against the four Alabama ministers.
The governor said the ad “has damaged my reputation,
e the reputation of every member of the State Board of Edu-
@ cation and the reputation of this state.”
© ‘The ad, signed by prominent liberals, asked for funds
| to help King defend himself against perjury charges in
; connection with this state income tax.
Is Crrcurr Court or Mowrcomery County, Anapama .
Derexvant’s Exurrr No. 95
ALABAMA JOURNAL MAY 6, 1960 =
BAM. OFFICIALS FILE TIMES SUITS
OF $500,000 EACH
BIRMINGHAM (AP)—Birmingham’s three city com-
missioners today filed suits as individuals against The New
York Times, claiming $500,000 damages each in a recent
story in The Times about Birmingham’s racial situation.
The suits were filed by Mayor James W. Morgan, Police
Commissioner Eugene (Bull) Connor and Publie Service =
Commissioner J. T. Waggoner.
The complaints named The New York Times Co. and
Harrison HE. Salisbury, a member of The Times’ staff.
2154 2155
and correcting any errors or misstatements which may ap-
pear in its columns, herewith retracts the two paragraphs
complained of by the governor.”
Stating that it never intended to suggest any charge by
publication of the ad, “The Times said:
“To the extent that anyone can fairly conclude from the
statements in the advertisement that any such charge was
made, The New York Times apologizes to the Hon. John
Patterson therefor.”
Ty Cracurr Court or Monrcomery County, ALABAMA
Derenpant’s Exutsrr No. 97
ALABAMA JOURNAL MAY 13, 1960
ANOTHER TIMES ACT
The New York Times has now joined the chorus of ADA,
ultra-liberals and anti-MeCarthyists and that ilk in demand-
ing Un-American Activities dissolution of the Un-American
Activities Committee. The Times is doing some things
[fol. 1595] these days that are most surprising to its old
time friends.
[fol. 1596]
RETRACTED PARAGRAPHS
The two retracted paragraphs are:
“IN Montgomery, Alabama, after students sang ‘My
Country, "Lis of Thee’ on the State Capitol steps, their
leaders were expelled from school and truckloads of police
armed with shotguns and tear-gas ringed the Alabama
State College campus. When the entire student body pro-
tested to state authorities by refusing to re-register, their
dining hall was padlocked in an attempt to starve them
into submission.
“Again and again the Southern violators have answered
Dr. King’s peaceful protests with intimidation and violence.
They have bombed his home, almost killing his wife and
child. They have assaulted his person. They have arrested
him seven times—for ‘speeding’, ‘loitering,’ and similar
‘offenses. And now they have charged him with ‘perjury’
—a felony under which they could imprison him for 10
years.”
In Crrcutr Count or Monwreomery County, ALaBama
Derenpant’s Exeprr No. 98
ALABAMA JOURNAL MAY 16, 1960 &
N. Y. TIMES RETRACTS PARTS OF STATEMENT 3
Acting on protest by the governor of Alabama, The New
York Times today retracted part of a recently published @
paid advertisement of “the Committee to Defend Martin g
Luther King and the Struggle for Freedom in the South.” 3%
In a letter sent May 9, Governor Patterson demanded a
retraction on grounds that the advertisement accused him
of “grave misconduct and of improper actions and omis-
sions” as governor and ex-officio chairman of the State
Board of Education.
The advertisement, carried in The Times, March 29, bore
the names of a number of entertainers, writers, clergymen
and others prominent in public life.
In Cincurr Court or Mosteomery County, ALapama
Dzrenpant’s Exursir No. 99
PAPER VIEW NOT STATED
In its statement The Times said the ad was received in:
the normal course of business and does not reflect th
paper’s editorial judgment or opinion.
“Since publication of the advertisement, The Times made
an investigation and consistent with its policy of retractin;
Alabama Journal May 17, 1960
BIRMINGHAM (AP)—Gov. Patterson says he will talk
with state attorneys before deciding what effect a retraction
may have on his plans to sue The New York Times.
“The retraction proves that they knew the allegations
in the ad were untrue,” was Patterson’s only comment on
the action Monday.
t
%
2156
The Times Monday retracted a portion of a paid adver-
tisement it recently published for “The Committee to De-
fend Martin Luther King and the Struggle for Freedom in
the South.” 3
Patterson contended the advertisement accused him of %
“grave misconduct and of improper actions and omissions”
as governor and ex-officio chairman of the State Board of
Education. He demanded the retraction in a letter May 9. 2
The Times said it made an investigation, and added:
[fol. 1597] “To the extent that anyone can fairly conclude
from the statements in the advertisement that any such
charge was made, The New York Times herewith apologizes |
to the Hon. John Patterson therefor.”
Ixy Crrcurr Count or Monrcomery County, ALABAMA
Derenpant’s Exursir No. 100
ALABAMA JOURNAL MAY 20, 1966
TIMES CHALLENGES LIBEL SUIT HERE 3
NEW YORK NEWSPAPER RETAINS B’HAM FIRM
OF BEDDOW, EMBRY, BEDDOW AS COUNSEL
The New York Times moved today to quash a suit by
which city commissioners of Montgomery seek a half:
million dollars for alleged libel. :
Filing of the motion in Cireuit Court revealed that the
Birmingham law firm of Beddow, Embry and Beddow had
been retained as counsel for the newspaper. The senior 3
member, Roderick Beddow, is a noted Alabama criminal
lawyer. a
Montgomery’s three city commissioners claim they were.
defamed in an advertisement which solicited money to de=:
fend the Rev. Martin Luther King, Negro leader, who
charged with perjury in connection with his state income
tax return.
OTHER DEFENDANTS
Also named as defendants in the suit were Revs. Rah
Abernathy, Fred L. Shuttlesworth, S. 8. Seay, Sr.,
J. E. Lowery.
2157
Through its counsel, The Times said the Circuit Court
lacks jurisdiction of the newspaper or the subject matter
of the action because:
It is a foreign corporation and is not qualified, licensed
or otherwise authorized to do business in Alabama;
The newspaper does not have an agent for service of
process on it in Alabama (one copy of the summons and
complaint was served on Don McKee as its agent);
[fol. 1598]
HASN’T WAIVED SERVICE
The Times has not waived service of due process by
voluntary appearance or otherwise.
The cause of action alleged in the complaint did not
acerue from the doing of any business or the performing
of any work or service or as an incident thereto by The
Times or its agent, servant or employee in the state.
The sheriff’s return of the purported services of process
nm Don McKee shows that McKee was served as agent
f The New York Times and not as an agent of the defen-
dant. (The New York Times Company). McKee is the
Times’ correspondent in Montgomery.
The city commissioners, Mayor Earl James and Com-
missioners Frank Parks and L. B. Sullivan, charged in
j the suit that the ad’s version of incidents surrounding
ecent demonstrations by Montgomery Negro college stu-
dents subjected them to ridicule and embarrassment.
CLAIMS AD UNTRUE
It is contended the advertisement contained untrue ma-
Eterial and that The Times refused their demand for re-
‘traction.
Exception was particularly taken to this portion of the
. “When the entire student body (of Alabama College)
; protested to state authorities by refusing to re-register,
their dining room was padlocked in an attempt to starve
them into submission.”
2158 2159
“Any of you all like to see a copy of The New York
Times?” asked the governor. “I don’t read the local papers
any more; have to read The Times to see what’s going on.”
As he spoke the news wires were carrying stories about
the governor’s million dollar suit against The Times.
He claims the paper carried false and malicious state-
ments about him.
This, it was alleged in the ad, followed expulsion of 4
student demonstration leaders from the school. 4
In Cracurr Court or Monrcomury Country, ALaBama
Derenpant’s Exutsrr No. 101
ALABAMA JOURNAL MAY 27, 1960
NEW YORK TIMES ASKS DISMISSAL OF
LIBEL ACTIONS
BIRMINGHAM (UP)—The New York Times and re-
porter Harrison E. Salisbury Thursday asked federal court
here to dismiss suits brought against them by the city |
[fol. 1599] commissioners asking $1,500,000 damages for @
libel. a
In separate motions, The Times and Salisbury contend ;
that the court lacked jurisdiction because the newspaper
“has not done any business or performed any service .. .
in Alabama.”
Salisbury also claimed the court lacked jurisdiction “in
person and subject matter.”
The city i filed suit b of two articles
about Birmingham that appeared in the Times last April 3
12 and 13. They claimed the articles contained libelous 3
statements. g
iy Cracurr Court or Monteomery County, ALABAMA
Derenpanv’s Exurerr No. 103
ALABAMA JOURNAL MAY 31, 1960
3 OFFICIALS OF BIRMINGHAM FILE TIMES SUIT
[fol. 1600] BIRMINGHAM (AP)—Three more city offi-
= cials have filed libel suits against The New York Times
= because of a story about racial conditions in and around
Birmingham.
Mayor Jess Lanier and two other members of the Bes-
semer City Commission filed individual suits for $500,000
in U.S. District Court last Friday.
Similar complaints were filed May 6 by Birmingham’s
three city commissioners. They also asked $500,000 each.
The suits grew out of a story in The Times entitled
“Fear and Hatred Grip Birmingham.” It mentioned con-
ditions in neighboring Bessemer as well.
In their complaints, the Bessemer officials charged the
story subjected them to “public contempt, ridicule, shame
and disgrace.” The suits were filed in the names of Mayor
Lanier and Commissioners Raymond Parsons and Herman
Thompson.
They said the New York newspaper failed to publish a
“fall and fair retraction.”
Another libel suit was filed against The Times and five
= Negroes Monday by Gov. John Patterson, asking for one
¢ million dollars. Patterson’s complaint, filed in state court
q at Montgomery, was based on a full-page advertisement
= soliciting funds for the legal defense of the Rev. Martin
.. Luther King, Jr.
I Crecurt Court or Monrcomery County, Anapama
Derenpant’s Exursrr No. 102
ALABAMA JOURNAL MAY 31, 1960 |
PATTERSON HAS TO READ THE TIMES q
When members of the State Building Commission went
into the office of Gov. Patterson for a meeting yesterday,
several copies of The New York Times were stacked o1
a big table.
2160
Is Crmovrr Courr or Monrcomery County, ALABAMA
Derenpant’s Exursir No. 104
ALABAMA JOURNAL
PATTERSON FILES SUIT: CLAIMS LIBEL
OF MILLION
Gov. Jobn Patterson filed a million dollar libel suit in @
state court here today against The New York Times and §
five Negro leaders, including the Rev. Martin Luther King,
Jr.
He charged The Times and the five Negroes with “false
[fol. 1601] and defamatory matter” in an advertisement
soliciting funds for the defense of King in his recent
perjury trial.
The Negro minister, who was accused of falsifying his
state income tax returns, was acquitted by an all-white jury
here Saturday.
Patterson asked for a total of a million dollars from
The Times. King, the Rev. J. E. Lowery of Mobile and
Rev. F. L. Shuttlesworth of Birmingham and the Rev.
Ralph D. Abernathy and the Rev. S. S. Seay, Sr. o!
Montgomery.
The full-page advertisement, which appeared in The New
York Times paper March 29, bore the names of Lowery,
Shuttlesworth, Abernathy and Seay.
King’s name was not included, but the governor’s office
said he was included as a defendant in the libel action
because the ad was run in his behalf.
Patterson filed the suit as governor and as ex-offici
chairman of the State Board of Education. But in an 4
accompanying prepared statement, he said he considered
it also a complaint “in behalf of the people of Alabama.
He said any money received as a result of the suit would
be donated to the state “for the construction of a modern, |
well-equipped nursing home for our needy old folks.”
PART RETRACTED
The Times on May 16, retracted the two paragraphs
of the ad which the governor mentioned in his court suit,
MAY 30, 1960 —
2161
but Patterson said he did not consider it a full and fair
retraction.”
Patterson had demanded a retraction.
The Times said the paid advertisement was received in
the normal course of business and did not reflect the pa-
per’s editorial judgment or opinion.”
In saying it never intended to suggest any such charge
by its publication, the paper said:
“To the extent that anyone can fairly conclude from the
statements in the advertisement that any such charge
was made, The New York Times hereby apologizes to the
Hon. John Patterson therefor.”
[fol. 1602] Patterson contended the advertisement im-
puted “improper conduct” to him and subjected him to
“public contempt, ridicule and shame.”
In his prepared statement, the governor also said “the
good name of Alabama has been slandered.”
Patterson demanded a jury trial in state Cirenit Court.
Montgomery’s three city commissioners—Mayor Barl
James and L. B. Sullivan and Frank Parks—filed similar
suits earlier against The Times, Lowery, Shuttlesworth,
Abernathy and Seay.
The city officials asked $500,000 each.
Is Cimcurr Covrr or Montcommry Couwry, Aapama
Derenpant’s Exuzert No. 105
» ALABAMA JOURNAL
— TIMES TOLD TO SHOW RECORDS
, A petition of The New York Times Co. seeking to have
the State Supreme Court set aside an order to produce
-records was denied yesterday.
Cireuit Judge Walter B. Jones had earlier ordered The
‘imes to produce certain documents, copies of newspapers
and copies of letters passing between the company and its
§ Alabama correspondents so that the Court might determine
JUNE 30, 1960
2162
whether or not The New York Times newspaper is doing
business in Alabama.
The controversy has arisen over the service of papers
in a libel suit by Montgomery’s city commissioners against
The Times on the Alabama Secretary of State as provided
by Alabama law.
As soon as the papers were served, The Times filed a
motion to set aside the service on them, contending that
they were not doing business in Alabama at the time an
advertisement containing what the commissioners consid-
ered libelous statements appeared.
Commissioners L. B. Sullivan, Frank Parks and Earl
{fol. 1603] James filed their suit in Circuit Court after The
Times carried a full page advertisement on March 29,
sponsored by the Committee to Defend Martin Luther King
and the Struggle for Freedom in the South.
The Montgomery city commissioners claimed in their
suit that the matter of the advertisement was untruthful
and libeled them.
Roderick McLeod, Birmingham attorney, contended be-
fore the Supreme Court that the papers and documents
order by Judge Jones were not necessary and that Jones’ §
order should be set aside.
The city commissioners were represented by the Mont-
gomery law firm of Steiner, Crum and Baker and by Roland %
Nachman who maintained that it was necessary to have |
the papers before the Circuit Court in order for it to deter- |
mine whether or not the newspaper was doing business in
Alabama.
The motion of The Times to quash the service of the
papers on it is set before Judge Jones for hearing on
July 25.
Yesterday he gave the newspaper an extension of 10
days in which to produce the documents. This will expire
July 6. '
The merits of the case are expected to be tried durin;
the October term of Circuit Court.
2163 t
Ix Cmovir Court or Monreomery County, ALapama
Derenpant’s Exutsrr No. 106
ALABAMA JOURNAL
FLAGRANT ERRORS ABOUT SOUTH
The current edition of Time magazine has an article on
“Alabama’s Vanderbilt University.” The New York Times
of recent date published a map of the Gulf states which
put Mississippi where Alabama is, and located Alabama
and Birmingham along the Mississippi River.
It seems that educated men would know better than this,
though it has long been observed that the South’s severest
critics in the North are men and publications absolutely
ignorant about the subject they are discussing.
[£6 1604] It is possible of course that critics of the South
such as Time and The New York Times know better than
to put Vanderbilt University in Alabama or to transpose
Alabama and Mississippi on maps of the Deep South states.
It is unthinkable that they would deliberately publish such
errors in order to cause talk and get themselves advertised.
The only real explanation is abysmal ignorance about
the South and the ignorance seems to permeate large pub-
lishers. Such great publications have reference files, li-
brarians and supervisory personnel to catch errors and
to help make their publications accurate in what they print
by verification of various editors.
Perhaps we notice the Alabama errors because we are
so interested in our state, but if errors are made with
regard to Alabama they are certain to be made about others
also. .
JUNE 24, 1960
2164 2165
‘T’m sure it’s just an oversight,” Patterson said, “but
the Times has been paying so much attention to us lately
I thought they would at least know about Alabama, espe-
cially its geographical position.
Because of a mechanical error, the lettering of the two
states got transposed. The error was caught and a correct
map appeared in all subsequent editions.
In Crecurr Courr or Montcomery Couwry, ALABAMA
Derenpant’s Exursrr No. 107
ALABAMA JOURNAL JUNE 2, 1960
ALABAMA! ALABAMA! WHEREFORE ART THOU?
For the second time in recent months, a major publica-
tion has misplaced Alabama and Mississippi.
The New York Times transposed Alabama and Missis- @
sippi in a map published Tuesday dealing with the Supreme
Court’s decision on offshore oil rights. 5
The magazine, Better Homes and Gardens, made an @
identical mistake several months ago. At the time, state
publicity director Roy Marcato issued a statement denying
that Montgomery was the capital of Mississippi.
The error might prove doubly embarrassing to The Times
inasmuch as the newspaper is presently being sued by a |
host of Alabamaans for alleged inaccuracies. 4
{fol. 1605] One newspaper commented that perhaps Har-
rison Salisbury who wrote two articles in Birmingham
which brought on several of the suits, was actually in Mis
sissippi and only thought he was writing about Alabama.
Politicians were quick to get in on the act by protesting
the error. Rep. George Huddleston and Gov. Patterson both
issued statements.
Huddleston said in a statement Wednesday it was sur-
prising that The Times should display such apparent x
ignorance of geography.
“The Times” once-fine reputation is fast wearing ow
and we can understand why if this is an example of how
The Times gathers and reports the facts,’ Huddleston ¥
said.
There was no comment from The Times on Huddleston’s §
statement.
Gov. John Patterson remarked that the newspaper seems #
to have misplaced Alabama since he and city officials of. |
Montgomery, Birmingham and Bessemer filed libel suits
because of a controversial advertisement and racial story
it carried.
In Cmourr Courr or Monrcomery County, Anapama
Derenpant’s Exner No. 108
ALABAMA JOURNAL JUNE 8, 1960
CITY FATHERS SEEKING BACK ISSUES OF TIMES
“Tf a newspaper systematically gathers news in a state,
it is doing business in that state,” Roland Nachman, attor-
[fol. 1606] ney for the Montgomery City Commissioners,
| argued Tuesday in a hearing before Circuit Judge Walter
= B. Jones.
= The hearing was held to determine whether The New
= York Times should be required to produce back issues of
the paper in conjunction with the commissioners’ libel suit
against The Times.
Nachman, a member of the legal firm of Steiner, Crum
and Baker, maintained the records were necessary to attor-
neys for the plaintiffs.
: Erie Embry, representing the New York newspaper,
ealled the request for documents a “fishing expedition.”
- He argued that attorneys for the City Commissioners
- eould peruse copies of The Times at the local library and
; elsewhere. He maintained, also, that other requested docu-
+ ments were so vaguely described that the newspaper would
not know what was required.
Embry specifically maintained that The Times was not
doing business in Alabama by virtue of printing news
stories emanating from this state.
The printing of news stories about, or relating, to a
place does not constitute doing business in that place,
_ Embry argued.
2166
On the other hand, Nachman said his clients, “have the
right to discovery.” _
He said daily issues of The Times for more than three
years were needed to show whether or not the newspaper
had systematically engaged in gathering news from Ala-
bama.
Judge Jones promised a ruling in the matter in “two or
three days.”
The suit was filed against the Times by Montgomery’s
three city commissioners following an advertisement in
the New York newspaper which solicited funds to aid in the
court defense of perjury charges filed against integration-
ist leader Martin Luther King.
[£ol. 1607]
Is Crcvuir Court or MontcomEny Country, AuaBama
Derenpant’s Exurerr 109
ALABAMA JOURNAL JUNE 14, 1960
TIMES REQUESTS LIBEL DISMISSAL
IN JEFFERSON
BIRMINGHAM (AP)—The New York Times Co. has
filed a motion for dismissal of three libel suits brought by
city commissi of nearby B
>
Ala. 3
The motion, filed in U. 8. District Court, contends that
The Times does not do business in Alabama and is not 4
subject to jurisdiction of a court in the state.
The suits filed in May by Mayor Jess Lanier and Com- 7
missioners Raymond Parson and Harman Thompson, seek 4
$500,000 damages for a story in The Times describing ra-
cial problems in Birmingham and Bessemer.
| ALABAMA JOURNAL
2167
Ty Cmevir Courr or Montcomzry County, Ansapama
Derenpant’s Exurrr No. 110
ALABAMA JOURNAL
KING AD NETTED ABOUT $7,000
NEW YORK (AP)—A full-page advertisement in the
March 29 issue of The New York Times brought in about
$7,000 for the defense of The Rev. Martin Luther King in
his recent Alabama perjury trial, a spokesman for a King
fund-raising group said Wednesday.
Gov. John Patterson of Alabama has filed a million-
dollar libel suit against The Times and five Negro leaders,
including the Rev. Mr. King. Three city commissioners of
Montgomery also have filed similar suits.
The Times, on May 16, retracted the two paragraphs of
the advertisement which the governor mentioned in his
court suit. But Patterson said he did not consider it a
“full and fair retraction.”
The Negro minister was acquitted last month of the per-
jury charge, falsifying state income tax returns.
[fol. 1608] The advertisement was sponsored by the Com-
mittee to Defend Martin Luther King.
JUNE 16, 1966
In Crrcurr Court or Montcomury County, ALABAMA
Dererpant’s Exazsrr No. 111
JUNE 24, 1960
“TIME? PUT VANDY IN ALABAMA
Time Magazine today joined Better Homes and Gardens
and the New York Times in the campaign to change South-
ern geography.
Time reports Vanderbilt University is in Alabama.
Several local Vanderbilt alumni promptly denied Vandy
has been moved to Alabama. “It’s still in Nashville, Tenn.,”
= they chorused.
2168
Someone surmised that Time was merely giving Alabama
a university for one that it took away on a previous
oceasion.
Several years ago, Time reported the famed Negro col-
lege Tuskegee Institute, was located at Macon, Ga.
Time’s error comes on the heels of two other embarras-
sing geographical mistakes in national publications. Better
Homes and Gardens, in a map of the Southeast, misplaced
Alabama and Mississippi.
Later, the New York Times made the same error and
compounded the same by putting Birmingham squarely in
the middle of Mississippi.
Ins Crecurr Court or Monreomery Counry, ALapama
Derenpant’s Exurerr No. 112
ALABAMA JOURNAL
JUSTICE IN ALABAMA
[fol. 1609] Now that The New York Times has learned
from the King case that Montgomery County juries are
so just and fair the paper will probably give some special
attention to the damage suits of Gov. Patterson, and the
city commissioners of Montgomery and Birmingham. If
our juries do justice to one defendant they are likely to
give The Times a taste of justice also, and justice is what
The Times will want to avoid in the Alabama cases.
JUNE 1, 1960
In Crecurr Court or Monrcomery County, ALasaMa
Derenpant’s Exuwrr No. 113
ALABAMA JOURNAL JULY 20, 1960
BIRMINGHAM OFFICER SUES N. Y. TIMES
BIRMINGHAM (AP)-—A Birmingham detective has
filed a $100,000 suit against The New York Times and one
of its reporters.
2169
The suit filed here Tuesday, names the Times and re-
porter Harrison E. Salisbury. The detective, Joe Lindsey,
said the Times “thoughtfully and maliciously” published
the article concerning him.
The suit is based on part of a series published last April
under Salisbury’s name. The stories dealt with race rela-
tions in the Birmingham area.
Similar suits have been filed by members of the city
commissions of Birmingham and neighboring Bessemer.
In Cracurr Courr or Montcomery County, ALaBama
Derenpant’s Exurerr No. 114
ALABAMA JOURNAL JULY 25, 1960
STATE HAS NO JURISDICTION IN LIBEL SUIT,
‘TIMES’ SAYS
The New York Times contended that it is not an Ala-
bama firm and therefore can’t be sued in the state courts.
[fol. 1610] The question of whether the New York news-
paper “does business” in Alabama was placed before Judge
Walter B. Jones here today in one of the first court actions
arising out of several libel suits filed by Alabama citizens,
against the Times.
The hearing which began today came on The Times’
motion to quash service of a half-million dollar damage
suit filed by Montgomery’s three city commissioners who
claimed they were libeled by The New York Times news-
paper.
The Times, represented by the Birmingham law firm of
Beddow, Embry and Beddow, has moved to quash service
of the process on grounds that subjecting it to the juris-
diction of the state court would violate provisions of the
14th amendment of the U. S. Constitution.
The Times also contends that state jurisdiction of the
suit would “place an undue burden upon interstate com-
merce.”
Only one witness testified during the morning and that
was Harold Faber, day national news editor of the Times.
2170
Faber was questioned concerning his communications with
Times “stringer” correspondents in Alabama.
The hearing was expected to last several days.
The suit grew out of an advertisement published seeking
funds for the defense of the Rev. Martin Luther King who
was charged and later acquitted of perjury in connection
with. the filing of his state income tax.
Several prominent Negro leaders were also named de-
fendants in the suit which was filed on an individual basis
by the city’s three commissioners, L. B. Sullivan, Earl
James and Frank Parks.
Outcome of today’s hearing will doubtless have an effect
on other suits pending against the trial. Gov. Patterson
had filed a $1 million suit against The Times, claiming he
was also defamed by the advertisement.
A number of officials in Birmingham and Bessemer are
likewise suing, but not about the advertisement. Their suit %
claims a series of articles on the racial situation in Bir- <3
mingham libeled certain officials.
[fol. 1611]
In Cracurr Court or Moytcomeny County, ALABAMA
Derenpanr’s Exureir No. 115
ALABAMA JOURNAL
200 TIMES STORIES ABOUT ALABAMA
PUT INTO EVIDENCE IN COURT
BY Judith Rushin Journal Staff Writer
Attorneys for Montgomery city officials, in an attempt
to prove The New York Times is doing business in Ala-
bama continued this morning in Circuit Court to introduce |
Times articles written in the state.
Over 200 such exhibits have been introduced thus far 3
in the hearing which began yesterday before Judge Walter =
B. Jones.
The controversy began when The Times filed a motion ©
to quash service of a half-million dollar libel suit brought
JULY 26, 1960 3
2171
by Montgomery’s three city commissioners, claiming they
could not be sued here because they were not doing busi-
ness in Alabama.
STORIES PASSED IN EVIDENCE
Judge Jones this morning allowed Atty. Roland Nach-
man, representing the plaintiff’s to submit copies of stories
sent to the Times from wire services operating in Alabama.
Nachman told the court he was introducing them under
the theory of a recent U. S. Supreme Court case which held
that obtaining services from an independent corftractoT im
a state constituted doing business in that state. oat
“Times” attorneys strongly objected, saying they con-
sidered Judge Jones’ ruling the ultimate in stretching the
construction of the case.
Nachman commented that by the introduction of these
exhibits he was trying to show a pattern of consistent news
gathering by the New York newspaper in Alabama.
He also attempted to place into evidence copies of Times
society page items sent to it from Alabama but laughingly
withdrew them when the opposing counsel objected that
these did not indicate the doing of business here.
Harold Faber, day national news editor for the Times
[fol. 1612] who was the first witness to testify yesterday,
remained on the stand today to verify the fact that articles
introduced by Nachman were written by staff members or
“stringer” correspondents in Alabama.
14TH AMENDMENT CITED
In representing The Times, the Birmingham law firm of
Beddow, Embry and Beddow based their motion to quash
service on the grounds that subjecting the Times to the
jurisdiction of the state court would violate provisions of
the 14th Amendment of the U. S. Constitution.
‘They also contend that state jurisdiction of the suit would
“place an undue burden on inter-state commerce.”
The suit by the commissioners grew out of an advertise-
ment published in The Times seeking funds for the de-
fense of Negro leader Martin Luther King, who was ae-
quitted of perjury in connection with State income tax
returns.
2172
Three members of the New York firm of Lord, Day |
and Lord are in Montgomery for the trial. This firm in-
cludes former U. S. Atty. Gen. Herbert Brownell.
When reporters asked Louis M. Loeb, a member of the
firm, if Brownell might come to Montgomery in connection
with the Times case, he replied absolutely not.
In Crecurr Court or Montcomeny County, Anapama
Derenpanr’s Exurerr No. 116
ALABAMA JOURNAL JULY 27, 1960 :
‘TIMES’ HEARING ON LIBEL SUIT IN THIRD DAY
A hearing on a motion to throw out three $500,000 libel
suits against The New York Times went into its third day
today. Fe
The damage suits were filed by Montgomery’s three city
commissioners as a result of a full-page advertisement in
The Times last spring seeking legal aid funds for the Rev.
Martin Luther King, Jr.
The city officials contend the ad which was critical of @
[fol. 1613] the handling of anti-segregation protests by <
Negro students reflected on them as individuals and public
officials.
OTHER SUIT FILED
Gov. John Patterson also filed a million-dollar libel suit 3%
against The Times and four Alabama Negro Integration |
leaders because of the advertisement.
Cireuit Judge Walter B. Jones allowed Atty. Roland
Nachman, who represents the commissioners, to submit /
copies of wire service stories from Alabama published by
the Times.
Nachman said he offered the news dispatches under a |
U.S. Supreme Court decision which, he said, held that
obtaining news from an independent contractor constitutes a
doing business in a state.
2173 XB
NO JURISDICTION
Therefore, they contend, the state courts have no juris-
diction.
Attorneys for the city officials have sought to show a
“continuous course of conduct” on the part of The Times
in news gathering and advertising soliciting in Alabama.
Nachman attempted to show that “string” correspon-
dents have acted as agents for The Times in Alabama and
for this reason the newspaper’s day national news editor
has been getting news and the newspaper has been oper-
ating in Alabama.
QUIZ STAFFERS
Joseph Wagner, national advertising manager of The
Times and Harold Faber, the newspaper’s day national
news editor, were questioned at length Tuesday.
Times advertising solicitors have visited in Alabama this
year, Wagner testified, but they don’t live in the state and
the newspaper doesn’t own an office or any real estate in
abama.
. Wagner said out of 60 million lines of advertising car-
ried in the Times last year, only 5,471 lines were from
Alabama advertisers.
[fol. 1614]
In Crrcurr Courr or Monwtraomery Country, ALABAMA
Derenpant’s Exurerr No. 117
ALABAMA JOURNAL JULY 28, 1960
IMPORTANT PRECEDENT AT STAKE IN
‘TIMES’ CASH BEFORE JONES
BY Ray Jenkins Journal City Editor
To the casual observer, the proceeding involving The
New York Times in Cireuit Court this week is just a tor-
rent of dull and dry legalisms. But to newspapers, and to
many other businesses as well, Judge Jones’ decision will
be profoundly significant.
a
2174
The questions which Judge Jones must decide: Can a
newspaper be sued for libel in any state where it circulates,
or can it be sued only in its home state?
For three days now, attorneys for Montgomery city
commissioners who are suing The Times for $500,000 each,
have sought to prove that The Times is “doing business”
in Alabama. They contend if The Times gathers news,
solicits advertising, and sells papers in Alabama, the news-
paper is obviously “in business” in this state and is there-
fore subject to Alabama laws and courts.
AP OPERATION RAISED
Among other things, the commissioners maintain that
the Associated Press is technically an extension of The
New York Times which operates ame in Alabama. The
AP, the nation’s largest newsgathering agency, is a non-
profit, cooperative organization owned by newspapers sub-
scribing to its service. Newspapers served by this news
service are not “customers,” but “members” of the As-
sociated Press.
Should Judge Jones hold that membership in the AP con-
stitutes “doing business” in a state, and should his decision
be upheld, it could mean every major newspaper in the
country would be subject to suit in any of the 50 states,
since the AP functions in all of them. It also would mean
that such suits would be tried before local juries disposed
to give favorable verdicts and big judgments fo native sons
over “foreign” newspaper corporations.
A decision against The Times would place no undue bur-
[fol. 1615] den on such newspapers as The Advertiser-
Journal which circulate primarily in only one state. The
newspapers which would feel the effect most severely would
be a dozen or so metropolitan dailies which have general
circulation throughout the nation, such as The Times.
OTHERS ALSO AFFECTED
Affected to a lesser extent would be newspapers which
happen to be located on state boundaries, like the Mobile
Press-Register, which has a substantial circulation in Mis-
2175
sissippi, and the Columbus (Ga.) Ledger-Enquirer, which
has many subscribers in Alabama.
In previous cases the courts have held that newspapers
aust be sued in the state where they are published, not in
states where they circulate. Louis M. Loeb, general coun-
sel of the New York Times who is here for first-round action
this week, recalls three similar cases brought against The
Times, two filed in the District of Columbia and one in
England. In all three cases, the courts held the suits must
be filed in either state or federal court in New York and
in all three cases, the suits were promptly dropped.
But those decisions all came more than 12 years ago,
and the U. S. Supreme Court has changed a great deal in the
meantime. The present court has many times reversed pre-
vious positions.
STRAW IN WIND
Moreover, there are straws in the wind to indicate the
court may well rule against The Times. Only this year,
the Supreme Court held Seripto, the pencil company with
headquarters in Georgia, “does business” in Florida by
selling its pens and pencils and must therefore pay certain
Florida taxes. The court ruled that even though the
Scripto products were sold through independent contrac-
tors, the company still did business in Florida. Newsstands
in Alabama could well be considered independent contrac-
tors for The New York Times.
On the other hand, Judge Jones himself recently made a
decision which could have some bearing on the present is-
sue. That decision involved a libel suit brought by a Mont-
gomery woman against Random House, the New York pub-
lishing house. Judge Jones held that sale of books through
independent agents does not constitute “doing business”
[fol. 1616] in the state.
Attorneys for the commissioners (who, oddly enough,
were defending Random House in the previous case) con-
tend the cases are entirely different. While Random House
only sold books on a wholesale basis, The Times has been
much more actively engaged in business in Alabama through
its news gathering advertising, and sales activities.
—~
—
—
2176
COURSE OF APPEAL
Should Judge Jones rule the case is in his jurisdiction, the
Times could appeal directly to the State Supreme Court.
And if the Supreme Court should uphold Jones, the trial
itself would proceed before Jones. If the trial proceeded
and resulted in an unfavorable decision to the Times, then
that decision should be appealed to the State Supreme Court
and from there to the U. S. Supreme Court where the ques-
tion of jurisdiction would be considered along with other
objections.
Should the Times win the point of jurisdiction, the only
recourse of the city commissioners would be to file the suit
in New York state courts or New York Federal Court.
The groundwork being laid in the present case, of course,
will apply to libel suits pending against The Times by Gov.
John Patterson and several Birmingham officials.
Ty Circurr Court or Monreomery County, ALABAMA
Derenpant’s Exursrr No. 118
ALABAMA JOURNAL AUG. 1, 1960
JONES HEARS ARGUMENTS IN N. Y. TIMES SUIT
Opposing attorney’s argued for two hours before Judge
Walter B. Jones today on the question of whether The New
York Times is doing business in Alabama and is subject
to suit in state courts.
Judge Jones must decide whether his court has juris-
diction before trial can proceed in a libel suit brought
against The Times by Montgomery’s three city commis-
sioners.
[fol. 1617] The city fathers are each asking $500,000 for
alleged damage to their reputations resulting from an ad
published in The Times seeking funds to defend the Rev.
Martin Luther King when he was charged with perjury.
The commissioners contend the advertisement implied the
city has not given King equal protection of the law.
2177
“SYSTEMATIC” BUSINESS
Roland Nach repr ting the argued
the evidence shows The Times does business in Alabama on
a “regular sustained, and systematic basis.” The news-
paper he continued gathers news, solicits advertising and
sells papers in the state. “All the essential elements of pub-
lishing except the printing are done right here in Ala-
bama,” he asserted.
Attorneys from the Birmingham firm of Beddow, Embry
and Beddow, representing the Times maintain the news-
paper’s entire business operation takes place in New York
state, so only the state court of New York have jurisdic-
on.
Rod MacLeod, one of the attorneys for The Times, cau-
tioned that a ruling against The Times would place an un-
due burden upon newspapers throughout the country es-
pecially those with national cireulation. They would be sub-
ject to harassing suits in any of the 50 states, he said.
N. ¥. LAWYER HERE
Also arguing for The Times was Ron Diana, of the New
York firm of Lord, Day, and Lord.
Judge Jones’ ruling is expected within two weeks. If he
rules he has jurisdiction, and that ruling is upheld by the
state Supreme Court, the case will be ready for trial before
Judge Jones.
Mayor Earl James, one of the three who brought the
suit, was in court this morning listening to the closing argu-
ments.
2178
[fol. 1618]
Iy Circurr Covrr or Moyteomery County, ALABama
Derenpaxt’s Exurerr No. 119
ALABAMA JOURNAL JULY 27, 1960
TEMPERS FLARE AT ‘TIMES’ HEARING
PRE-TRIAL ACTION ENTERS 3rd DAY
IN CIRCUIT COURT
By Judith Rushin Journal Staff Writer
Tempers flared this morning in Cireuit Court as the hear-
ing on a motion by The New York Times to have a libel
suit by Montgomery’s city commissioners thrown out of the
state court entered its third day.
A verbal free-for-all started when a Times attorney
challenged the interpretation by Montgomery Atty. Roland
Nachman of a U. S. Supreme Court case concerned with a
foreign corporation doing business within a state.
As attorneys on both sides of the controversy jumped
up to defend their positions, New York attorney Ronald S.
Diana stalked out of the courtroom saying he would secure
his proof from the law library on the fourth floor.
TEMPERS COOL
In the meantime, however, Judge Walter B. Jones in-
structed Montgomery attorney Sam Rice Baker to continue
his cross-examination of Times national circulation man-
ager Roger Waters, and when Diana returned hostilities :
had ceased and the case continued.
Baker attempted to prove by Waters’ testimony that bag-
gage agents who handled paper work on claims from Ala-
bama news dealers when issues of The Times were late
or incomplete were agents of The New York newspaper,
thus The Times were doing business in the state.
Times attorneys repeatedly objected to the introduction
of this evidence but were overruled by Judge Jones.
As this morning’s session drew to a close, Times lawyers
placed on the stand the administrative assistant to The
Times comptroller, John McCabe.
2179
NO OFFICE HERE
McCabe testified that no person in Alabama was on the \
[fol. 1619] regular payroll in Alabama of The New York
Times nor did any employe have an office in Alabama,
In attempting to refute Nachman’s contention that
“stringer” correspondents were agents of the newspaper
so as to make the Times libel to suit in Alabama, MeCabe
was questioned particularly as to the payment of salary
to the stringer.
He replied that these correspondents were not carried
on the regular payroll but were paid according to stories
published.
300 STORIES IN EVIDENCE
Attorneys for the city commissioners have introduced
some 300 Times articles during the three-day hearing to
support their allegation that The New York paper is doing
business in Alabama.
The litigation has grown out of a million and a half dol-
lar libel suit by the commissioners based on an advertise-
ment seeking funds for the defense of Negro leader Martin
Luther King, Jr. in his trial for perjury regarding state
income tax returns.
King was acquitted in the Cirenit Court here.
Ly Cmovrr Covrr or Montcomery County, ALABAMA
Derenvant’s Exuisrr No. 120
ALABAMA JOURNAL AUG 6, 1960
N. Y. TIMES CAN BE SUED BY ALABAMA
By Ray Jenkins Journal City Editor
Judge Walter B. Jones has ruled The New York Times ~
ean be sued for libel in Alabama courts.
“The court finds an extensive and continuous course of
Alabama business activities,” said Jones, “News gathering,
solicitation of advertising, circulation of newspapers and
|
2180
other produets. These systematic business dealings in Ala-
bama give the Times substantial contacts with the State of
Alabama, considerably in excess of the minimal contracts
required by the Supreme Court decisions. The Times does
business in Alabama.”
[fol. 1620] Moreover, Jones continued, if the reputations
of Montgomery’s three city issi were d d
as they claim in their $500,000 suits against The Times,
then the damage was done right here in Montgomery, not
in New York. He said, freedom of the press does not com-
mand injured parties “to carry his witnesses, his evidence,
his counsel, and himself more than 1,000 miles to a distant
forum to bring his action for alleged damages to his reputa-
tion and to try his case.”
CITES DECISIONS
To back up his contention that The Times does business
in Alabama, Jones cited a string of court decisions which
have held that very little contact is necessary to constitute
doing business in a state. In one case, Jones wrote in his
opinion, the Supreme Court ruled the delivery of a single
insurance policy by mail was sufficient to constitute doing
business in the State of California.
The veteran Montgomery jurist also dwelt at length on
the facts in the case.
“To gather news for The Times, 11 admittedly regular
staff correspondents have spent 153 days in Alabama,” he
said. “The results of their efforts are revealed in part by
the 59 staff stories in evidence which contain the by-lines
of these correspondents.”
MAINTAINS “STRINGER”
Besides the regular correspondents, he continued, the
Times maintains three “string” correspondents who serve
The Times on a part-time basis. One of these, State Editor
Don McKee of the Advertiser, was served with a copy of
the suit.
Turning to the advertising, Jones said The Times actively
solicits business in Alabama. He cited one advertisement
sold to the State of Alabama which cost between $3,000 and
2181
$5,000. And in 1958, a section on Alabama and a Sunday
edition was published at a cost of $26,000.
Concerning the sale of papers, Jones said The Times has
a daily circulation of 390 in Alabama and a Sunday circula-
tion of 2,500.
TOTAL REVEUNE
Total revenue from both advertising and sale of papers
{fol. 1621] in the state runs above $85,000 a year.
Jones seemed to indicate his ruling will not have uni-
versal application. He did not say that circulation alone
means “doing business” in a state. Nor did he hold that
membership in the Associated Press, a cooperative news
gathering service which is owned by its customers, con-
stitutes doing business in a state. Had he ruled that mem-
bership in the AP was sufficient to constitute doing busi-
ness, the ruling would have meant that any major news-
paper could be sued in any state.
The judge also touched on several legal technicalities in
his 10-page ruling. He brushed aside The Times’ conten-
tion that the suit had not been properly served on agents of
The Times.
He also held that when The Times entered Court, it sub-
mitted to the jurisdiction of the court. “This defendant
cannot assert that it is not properly before this court,
and in the same breath argue that if it is, this court has no
jurisdiction on the subject matter of the action.”
Jones concluded that the traditional concepts of fair play
and justice are on the side of the city commissioners. “The
Circuit Court of Montgomery County is the appropriate
and convenient forum to try this action,” he declared.
Just what the next step will be in The Times suit is not
entirely clear. It is uncertain whether Jones’ ruling in the
jurisdiction matter can now be appealed directly to the
State Supreme Court, or whether the trial itself must pro-
ceed with the appeal on jurisdiction to go up along with
any appeal growing out of the merits of the case.
In either case, the question of jurisdiction is not appeal-
able to the federal courts until the case is tried here.
\—-
7
a
In Crrcurr Covrr or Mowrcomery Counry, ALABana
. Derenpant’s Exuzsrr No. 121
ALABAMA JOURNAL
‘TIMES’ WRITER CALLED TESTIFY
AT BESSEMER
[fol 1622] BESSEMER, ALA. (AP)—Deputy Cirenit
Solicitor Howard Sullinger said today he has asked Harri-
son Salisbury of The New York Times to testify before a
Grand Jury here next week.
Articles published in The Times under Salisbury’s byline
last April were critical of race relations in the Birmingham
area.
“If conditions as described in The Times articles are
found actually to exist, our Grand Jury will do all it ean
to remedy those conditions,” Sullinger said.
“Tf they don’t exist,” Sullinger said, “our county and city
officials and every law enforcement agency in the county
have been libeled and slandered. If this is libel and slander
someone should be required to answer for it.”
Several suits there have been filed against The Times in
connection with the articles, including three by Birmingham
city Commissioners acting as individuals,
Sullinger added that the Grand Ji ury planned to examine
contacts made by Salisbury in Birmingham in gathering
material for his articles.
Sullinger said he mailed letters Wednesday to Salisbury
and to Turner Carledge, managing editor of The Times,
asking that Salisbury appear.
AUG. 25, 1960
Ly Circvrr Covrr or Mortcommry Country, Anapama
Dzrenpant’s Exurerr No. 122
ALABAMA JOURNAL
WHERE THE DAMAGE IS DONE
The decision of Judge Walter B. Jones that The New
York Times is subject to Alabama laws because the news-
AUGUST 8, 1960
2183
paper “does business” in the state may have very wide
Tepereussions if sustained. It might affect most of the
great newspapers and magazines of the nation and make
it necessary to defend themselves in charges of libel in the
{fol. 1623] state where they do business.
There was a time in Alabama when libel suits could be
brought against newspapers in any county of the state
where they did business. A famous case was one brought in
Blount County by Congressman Huddleston of Birmingham
against the Birmingham Age-Herald. The suit was brought
in another county on the plea that the paper had a few sub-
seribers in Blount County. A rural jury stuck the news-
paper with a $30,000 damage judgment.
This has since been changed and suits against a news-
paper must be brought in the county where its plant and
headquarters are located.
In the case of The New York Times there appears little
doubt that Alabama citizens were libeled by the biased inte-
gration stories and advertisements which, the paper pub-
lished. Judge Jones’ decision means that the newspaper;
must defend itself, not at its own headquarters but where!
the damage, if any, was done. There is possibility that this
would mean newspapers and magazines of national cir-
culation may be sued and must answer for their action in
any state of the union where they “do business.”
In Cincurr Covrr or Monrcomery Country, ALsBama
Derenpant’s Exurerr No. 128
TIMES ASKS DISMISSAL OF B’HAM SUITS
BIRMINGHAM (AP)—Attorneys for The New York
Times today asked U. S. District Judge H. H. Grooms to
dismiss seven separate libel suits pending against the news-
paper.
The suits ask a total of $3,100,000 damages.
The suits followed publication of an article in The Times
last April dealing with race relations in Birmingham. The
articles carried the byline of Harrison Salisbury, who was
named a co-defendant in the suits.
1
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Ww" 2184
Suits seeking $500,000 damages each were filed by Birm-
[fol. 1624] ingham City Commissioners James W. Morgan,
Eugene Connor and James T. Waggoner, and Bessemer City
Commissioners Jess Lanier, Raymond Parson and Herman
Thompson.
Joe Lindsay, a Birmingham city detective, filed suit ask-
ing $100,000.
In Cracurr Court or Moytaomery County, ALABAMA
Derenpant’s Exuisrr No. 124
ALABAMA JOURNAL
SOME IS UNFIT
New York Times boasts of printing all the news that’s fit
to print.
From the number of libel suits the paper is now defend-
ing in Alabama it seems that the paper also prints some
news that is unfit to print, especially about Alabama.
SEPT. 5, 1960
Ty Crourr Courr or Montcomury County, ALABAMA
Derenpant’s Exursrr No. 125
ALABAMA JOURNAL
ROWDY SOUTH
People of the South have to read Time’s political news
with fingers crossed. The reason: Here are two examples
SEP. 3, 1960
in adjoining columns of its article on “The South” this week: 4
Regarding the Nixon visit to the deep South it says that
ZY the Nixons received an “even rowdier” welcome in Atlanta |
than in Birmingham and that in Atlanta the Nixon’s “were
pulled and pawed” by “enthusiastic Atlantans.”
Regarding the religious issue in Louisiana we read:
[fol. 1625] “Snarled Louisiana’s arch-segregationist Lean- .
der H. Perez” ete.
2185
Any newspaper man knows that that kind of biased re-
porting of news is punk, dishonest and unreliable. But it
is the normal method of Time in writing about the South.
In Cracorr Court or Montcomery County, ALsaBama
Derenpant’s Exmrerr No. 126
ALABAMA JOURNAL
U.S. COURT RULES TIMES SUITS CAN
BE TRIED IN STATE COURTS
BIRMINGHAM (UP)—Federal Ji udge H. H. Grooms
ruled today seven libel suits totaling $3.1 million could be
tried in Alabama against the New York Times.
The Times had claimed libel suits could not be brought
in the state against the newspaper by Birmingham and
Bessemer Commissioners because the newspaper did not
do business in the state. However, Grooms ruled the news-
paper did operate in Alabama when it sent a reporter into
the state who “performed work or service for the New York
Times” to be published in the newspaper and who acted for
The Times.
Newspaper attorneys contended the Times “had no
planned, regular or systematic news service” in Alabama
and “no employees, offices, telephones, hank accounts or real
property in the state.”
They filed the motion for dismissal of libel suits brought.
by the commissioners and Birmingham Detective Joe Lind-
say. Each commissioner is asking for $500,000 in damages
and Lindsay is seeking $100,000.
The suits were filed in connection with a story entitled,
“Fear and Hatred Grip Birmingham,” written by Harri-
son Salisbury and published in the Times.
In Montgomery, Federal Judge Frank M. Johnson, Jr.
has ruled The Times could be sued in Alabama. His decision
resulted from libel suits filed against the paper by Gov.
[fol. 1626] Patterson and Mont; y city ec issioners.
Sept. 2, 1960
2186
In Curcurr Court or Moytcomury County, ALapaMa
Derenpant’s Exursrr No. 127
ALABAMA JOURNAL SEPT. 3, 1960
STATE CAN TRY N. Y. TIMES SUITS
BIRMINGHAM (AP)—Libel suits totaling $3,100,000
against The New York Times will be tried here following
a tederal court ruling Friday.
U. S. District Judge H. H. Grooms upheld the service
of the suits which grew out of articles published in The
Times last April.
An attorney for The Times said no appeal is planned at
this time.
The stories—under the byline of Harrison Salisbury—
dealt with race relations in the Birmingham area. Salis-
bury is a co-defendant in the suits.
COULD BE SERVED
Grooms said The Times could be served with suits in Ala-
bama in this case because the stories that led to the suits
were a result of “work or service in the State of Alabama
by Mrs. Salisbury as an employe of The New York Times
Co”
After seeking $500,000 each the suits were filed by Birm-
ingham City Commissioners James W. Morgan, Eugene
Connor and James T. Waggoner, and Bessemer City Com-
missioners Jess Lanier, Raymond Parson and Herman
Thompson. Joe Lindsay, a Birmingham city detective, filed
suit asking $100,000.
The suits were served on The Times, contending it is an
out-of-state corporation doing business in Alabama, and
on two part time correspondents in The Times in Alabama,
contending they were agents of The Times.
Grooms dismissed the service of the suits on the two part
{fol. 1627] time correspondents. He said neither was an 3
agent of The Times.
During the two-day hearing attorneys for The Times 7
argued that the newspaper does not do business in Alabama
and therefore could not be served with a suit.
2187
They also contended that the cause of action did not
occur in Alabama. They said the cause of action was pub-
lication of the articles in New York, not Salisbury’s gather-
ing of information in Alabama.
CORRECTION
A story in Friday’s Journal by United
Press International referring to a ruling
in local suits against The New York Times
was in error. The dispatch stated that
“Federal Judge Frank M. Johnson, Jr.
has ruled The Times could be sued in Ala-
bama. His decision resulted from libel
suits filed against the paper by Gov. Pat-
terson and the Montgomery city commis-
sioners.” The ruling referred to was made
by Judge Walter B. Jones in one of three
separate cases filed by Montgomery city
commissioners.
Ly Circurr Court or Monrcomery Country, ALABAMA
Derenpant’s Exursrr No. 128
ALABAMA JOURNAL SEPT. 2, 1960
CLERIC DECIDES TO TESTIFY
ON RACE RELATIONS
BESSEMER, ALA. (AP)—The Rev. Robert E. Hughes,
executive director of the Alabama Council on Human Rela-
tions, today agreed to answer Grand Jury questions about
reports of racial incidents in the area.
[fol. 1628] He made his decision while contempt pro-
-ceedings were being launched against him.
When first called, the Rev. Mr. Hughes appeared before
the Grand Jury about 15 minutes.
The officials came out and said they were instituting
contempt action against him at the request of the Grand
Jury.
2188
Midway through the contempt proceedings, the Rev. ;
Mr. Hughes’ attorney said he would answer questions.
The contempt proceedings were halted.
Earlier, the Rev. Mr. Hughes was subpoenaed and ordered
to bring the financial records of his organization before the
Grand Jury.
Appeals to Circuit Court and the Alabama Supreme
Court seeking to have the petition set aside were denied.
He contends the records of his organization have no
bearing on the case.
The Grand Jury reportedly is investigating incidents of
racial conflict in the area as reported in The New York
Times last spring.
The contempt proceeding was instituted by Deputy Cir-
euit Solicitor Howard Sullinger, who said he acted at the
request to the Grand Jury.
The Rev. Mr. Hughes was one of several persons called
to testify in the investigation into aceounts of racial inci- |
dents reported in The Times under the byline of Harri-
son Salisbury.
Others who went into the Grand Jury room were Mayor @
Jess Lanier and Police Chief George Barron of Bessemer
and Mayor Claude Smithson and Police Chief Tom Ward @
of nearby Fairfield. Several officials of other small towns @
in the area also appeared.
Sullinger said earlier that a preliminary investigation a
turned up a list of persons he believed Salisbury talked
to in gathering information in the area.
[fol. 1629]
Ixy Circorr Count or Monytcomery County, Atapama
Derexpant’s Exarert No. 129
ALABAMA JOURNAL SEPT 6, 1960
REV. HUGHES REAPPEARS BEFORE JURY
BESSEMER, ALA. (AP)—The Rev. Robert E. Hughes 4
left jail today to appear before a Grand Jury investigat- ,
ing reports of racial conflict in the area as published in The
York Times.
2189
Hughes, a Methodist minister, was jailed Friday on a
contempt charge after two brief appearances before the
Grand Jury.
Hughes’ attorney, Charles Morgan, Jr., said Hughes ap-
peared today under a new subpoena, which made no men-
tion of the records of the Alabama Council on Human
Relations.
Hughes is executive director of the council, an organiza-
tion with the expressed intent of improving race relations.
His earlier subpoena demanded both his appearance and
the presentation of his organizations’ records, his attor-
ney said.
Hughes objected to making the organizations’ records
available contending they had no bearing on the case,
according to his attorney.
JAILED FOR CONTEMPT
He was jailed for contempt by Circuit Judge Gardner F.
Goodwyn.
Goodwyn sent the minister to jail “until you purge your-
self.”
Under Alabama law, the minister could have been re-
leased under bond had the grand jury adjourned. The
grand jury recessed until today.
In Ciourr Court or Montcommry County, Anspama
Derenpanr’s Exurerr No. 130
ALABAMA JOURNAL SEPT 3, 1960
CLERIC APPEALS TO HUGO BLACK
{fol. 1630] BIRMINGHAM (UP)—A white minister was
jailed on contempt charges Friday for refusing to answer
questions of a grand jury investigating a New York Times
dispatch that has resulted in a libel suit against The Times.
The Rev. Robert E. Hughes, executive director of the
Council on Human Relations, was jailed after refusing to
answer questions about a dispatch by Times reporter Har-
2190
rison Salisbury on race relations in Birmingham and Bes-
semer.
Hughes’ lawyers said they have filed a motion with U. S.
Supreme Court Justice Hugh Black seeking to throw out
the subpoena that ordered the minister to appear before
the grand jury.
Among those who testified before the grand jury in con-
nection with the article were Lt. Gov. Albert Boutwell,
Birmingham Police Commissioner Eugene Connor and
Police Chief Jamie Moore of Birmingham. Salisbury was
subpoenaed but his attorneys advised him against accept-
ing the summons.
Hughes claimed the rights of certain persons to join
and contribute to organizations involved in a work of a
controversial nature would be violated if he furnished in-
formation about the council. The council’s expressed intent
in to improve race relations.
In Crecurr Covat or Morrcomeny Counry, Auapama
Derenpayi’s Exurerr No. 131
ALABAMA JOURNAL SPT. 6, 1960
JAILED MINISTER SEEKING FREEDOM:
JURY BACK TODAY
BESSEMER, ALA (AP)—Attorneys for the Rey. Rob-
ert E. Hughes still were seeking freedom today for the
Methodist minister who has been in jail here since last :
Friday.
Hughes was jailed in connection with his appearance
before a grand jury investigating accounts of racial
troubles in the Birmingham area as published in The New #
York Times last spring.
[fol. 1631] Hughes was ordered to appear before the grand q
jury with records of the Alabama Council on Human Rights
of which he is executive director.
The organization’s expressed intent is to improve race @
relations.
2191
Hughes contended, through his attorneys, that the rec-
ords had no bearing on the investigation.
JAILED FOR CONTEMPT
He was jailed for contempt by Cireuit Judge Gardner F.
Goodwyn.
Goodwyn sent the minister to jail “antil you purge your-
self.”
Under Alabama law, the minister could have been re-
leased under bond had the grand jury adjourned. The
grand jury recessed until today.
Hughes’ attorneys declined to say whether he would re-
veal the racial council’s records to the grand jury. How-
ever, one of the attorneys, Charles Morgan, said:
MAKES OWN DECISION
“We will advise him of his rights. The Rev. Mr. Hughes
makes his own decisions as to matters of his own conscience
and religious convictions.”
Hughes has been director of the Alabama Council on
Human Rights for five years. He was appointed by Bishop
Clare Purcell, former bishop of the North Alabama Con-
ference.
Hughes’ attorneys Friday asked the U.S. Supreme Court
to hear a plea to dismiss the grand jury subpoena against
the minister, claiming that he had been summoned illegally.
The appeal to the U.S. Supreme Court is actually an
appeal from the Alabama Supreme Court: The appeal was
made prior to the contempt citation, and has no bearing on
this charge.
2192
[fol. 1632]
Ty Crrcurr Court or Monrcomery County, ALABAMA
Derenpant’s Exuzrr No. 132
ALABAMA JOURNAL SEP. 10, 1960
METHODISTS SEND HUGHES TO AFRICA
BIRMINGHAM (AP)—The North Alabama Methodist
Conference today restored the ministerial credentials to
The Rev. Robert E. Hughes.
Bishop Bachman G. Hodge announced the Rev. Hughes’
immediate transfer to the Southern Rhodesia Conference
in Africa.
The restoration of his credentials came on a request
from Dr. P. D. Wilson, who asked the conference to recon-
sider earlier action which stripped the Rev. Hughes of his
ministerial status.
JAILED FOR CONTEMPT
The Rev. Hughes, 32, was jailed over last weekend for
contempt of a county Grand Jury investigating reports of
racial conflict in the area as published in The New York
Times.
The loss earlier this week of his ministerial credentials
apparently was unrelated to his troubles with the Grand
ury.
The eredentials were recalled under a conference rule
prohibiting ministers from taking full time appointments
outside the church in place of pastorates.
The Rev. Hughes, executive director of the Alabama
Council for Human Relations, has not taken a church
position.
The conference notified him last year it would take back
his ministerial credentials if he did not accept a pastorate.
ACCEPTED IN AFRICA
Bishop Hodge told the conference before it voted on the
action today that the National Methodist Board of Missions
2193
informed him that Bishop E. Dodge of the Southern Rho-
desia Conference will accept the minister in that area for
immediate assignment.
The bishop also said that if the credentials were restored
he would immediately announce transfer of The Rev.
Hughes.
[fol. 1633]
Is Crrcurr Court or Monrcommry County, ALaBamMa
Derenpany’s Exuisrr No. 133
ALABAMA JOURNAL
N. Y. TIMES TO APPEAL RULING ON STATE SUITS
BIRMINGHAM (AP)—An attorney says a U.S. Dis-
trict Court ruling that the New York Times can be sued
in Alabama will be appealed to the Fifth District Cireuit
Court of Appeals at New Orleans.
Roderick MacLeod, the attorney, says he hopes arrange-
ments will be completed today.
The New York Times faces libel suits totaling $3,100,000
in Alabama. The suits grew out of articles published in
The Times last April dealing with race relations in the
Birmingham-Bessemer area.
The New York Times faces libel suits totaling $3,100,000.
oe for The Times have challenged service of the
SEP 9, 1960
“a 'S. District Court Judge H. H. Grooms ruled last week
that The Times could be served with suits in Alabama. He
said stories leading to the suits, by Harrison Salisbury,
were a result of “work or service in the State of Alabama
by an employe of the New York Times Co.”
" Statates prohibited an appeal from the original ruling,
but Grooms amended this Thursday.
Grooms said the case involves a question which, through
appeal might speed up their termination.
A court source said the question involves application of
a section of the Alabama code.
2194
The section provides that any foreign corporation not
qualified to do business in the state and does so, can be
served with a process through the secretary of state pro-
viding the cause of action arose out of doing business in
the State.
A Jefferson County Grand Jury this week indicted Salis-
bury on 42 counts of criminal libel in connection with the
series of articles.
Three Birmingham officials, and three Bessemer city
officials have filed six $500,000 suits against the Times, and
[fol. 1634] a Birmingham city detective filed an additional
$100,000 suit.
In Crecurr Court or Montcomery County, ALABAMA
Derenpant’s Exurrr No. 134
ALABAMA JOURNAL SEPT 8, 1960
‘DEEP TROUBLE’ SEEN FOR DEMOS IN SOUTH
NEW YORK (AP)—The New York Times said today
there is general agreement among many Southern political
leaders, editors and men in the streets that the Democrats
“face deep trouble” in six key Southern states.
The story was based on a two-week tour of the South by
Times reporter Claude Sitton.
The states are Virginia, South Carolina, North Carolina,
Tennessee, Florida and Texas.
FILED FROM GEORGIA
In a dispatch to The Times from Atlanta, Ga., Sitton
said: “There also is evidence or erosion of the traditional
loyalty to the Democratic party in Georgia, Alabama, Mis-
sissippi, Louisiana and Arkansas. However, few were will-
ing to predict that Vice President Nixon could carry any
of those five states.”
William C. Battle, director of the Democratic presiden-
tial campaign in Virginia, was quoted as saying, “There’s
no doubt about it—we’re at our low point now.”
2195
Gov. Ernest F. Hollings of South Carolina was quoted
as saying Democratic nominee John F. Kennedy faced an
“aphill battle” in that state.
CLOSE TO N. C.
Gov. Luther H. Hodges of North Carolina—“I think it
(the race) is a little too close.”
“Tennessee looks like a toss-up right now,” the Times
quoted a person identified only as “one of the state’s most
respected political observers.”
[fol. 1635] Florida will be lost unless the state’s Demo-
eratic officeholders join a unified campaign, according to
Gov. LeRoy Collins and James Milligan, the party chair-
man.
“And although Texas is the home of Sen. Kennedy’s vice-
presidential running mate, Sen. Lyndon B. Johnson,” the
story said, “the Republicans claim the lead there.”
Ty Circorr Court or Monteomery County, ALABAMA
Derenpanr’s Exurerr No. 135
ALABAMA JOURNAL SEPT. 7, 1960
SALISBURY IS INDICTED FOR TIMES ARTICLES
BESSEMER, ALA. (AP)—New York Times reporter
Harrison Salisbury has been indicted in connection with a
series of articles on racial troubles in Birmingham and
Bessemer.
The indictment returned by a grand jury Tuesday listed
42 counts of criminal libel. Deputy Circuit Solicitor Howard
H. Sullinger said each count resulted from the series pub-
lished under Salisbury’s byline last April.
A state Supreme Court source said criminal libel is an
extradictable offense. But he expressed doubt that the
governor of Salisbury’s home state would grant extradition
if Alabama requests it.
Sullinger said the indictment was filed with Circuit Court
Judge Gardner F. Goodwyn, Jr. The judge declined to con-
2196
firm or diseuss the indictments, pointing out Alabama law
prohibits official statements about indicted persons prior
to their arrest. Sullinger referred questions about the
indictment to the court.
The deputy solicitor said the maximum penalty in Ala-
bama on conviction of criminal libel is a $500 fine and six
months in jail. The Times by Birmingham City Commis-
sioners James W. Morgan, Eugene Connor and James T.
Waggoner ; B City Cc i Jess Lanier, Ray-
[{fol. 1636] mond Parson mand Herman Thompson. In addi-
tion Joe Lindsay, a Birmingham city detective, filed suit
asking $100,000 damages.
Attorneys for The Times challenged service of the suits
in Alabama. U.S. District Judge H. H. Grooms last week
ruled the newspaper could be served in this state. He said
the stories that led to the suits were a result of “work or
service in the State of Alabama by Mr. Salisbury as an em-
ploye of The York Times Co.”
The Jefferson County Grand Jury (Bessemer Division)
again investigated the New York Times stories last Thurs-
day.
rf Methodist minister, the Rev. Robert E. Hughes, was
jailed on a contempt citation last Friday after he refused to
satisfactorily answer the grand jury. The jury recessed
Friday until Tuesday, and Hughes appearing under a new
subpoena, was cleared of the contempt citation.
Sullinger said before the grand jury investigation started
that he asked Salisbury to be present. But he said attor-
neys for the reporter told him Salisbury would not appear
before the grand jury.
Prior to the jury probe, Sullinger said:
“Tf conditions as described in the Times articles are
found actually to exist, our grand jury will do all it can to
remedy those conditions.
“Tf they don’t exist, our county and city officials and
every law enforcement agency in the county have been
libeled and slandered.”
2197
In Crrcurr Court or Montcomery County, ALABAMA
Derenpant’s Exaisrr No. 136
ALABAMA JOURNAL SEPT 21, 1960
TIMES LOSES BID TO DELAY LIBEL SUIT
TRIAL TO BEGIN BEFORE JONES ON OCT 31
sy Judith Rushin
Direuit Judge Walter B. Jones today denied a plea by
The New York Times to have a $1,500,000 libel suit brought
against it by Montgomery’s city commissioners delayed
until January, 1961.
[fol. 1637] The case has been set for jury trial Monday,
Oct. 31.
Judge Jones allowed The Times until October 4 to file
its answers and set this date for the parties to the suit to
settle their pleadings in preparation for the trial.
Suit was brought by the commissioners after an adver-
tisement appeared in the Times March 29, headed, “Heed
Their Rising Voices” and paid for by the “Committee to
Defend Martin Luther King and the Struggle for Freedom
in the South.”
In attempting to solicit funds for the defense of the
Negro minister and integration leader on a charge of per-
jury in filling out state income tax returns the ad, accord-
ing to the commissioner’s suit, contained untrue statements
relating to Montgomery and its handling of Negro demon-
strations at Alabama State College.
Times attorneys had also objected to answering cer-
tain questions sent them by attorneys for the city com-
missioners which required The Times to answer whether
the statements in the ad were true or false and what ef-
forts The Times had made to investigate the alleged falsity
of these statements.
Judge Jones ruled that while The Times attorneys could
not be required to answer whether the statements were true
or false, they could be required to state whether they con-
tended or claimed the statements would be true.
ow
2198
He held that the truth or falsity of the statements con-
tained in the advertisements would be a jury question.
Commissioners Earl James, L. B. Sullivan and Frank
Parks are represented by attorneys Sam Rice Baker and
Roland Nachman. Times attorneys are Roderick Beddow,
Rod McLeod and Erie Embry, all of Birmingham.
[fol. 1638]
Is Crrcurr Courr or Moyteomzry County, ALABAMA
Derexpayr’s Exursrr No. 137
ALABAMA JOURNAL SEPT. 27, 1960
‘TIMES’ RULING APPEAL SLATED
BIRMINGHAM, ALA. (UP)—An attorney for The New
York Times said today a federal court ruling permitting
the newspaper to be sued in Alabama will be appealed
here some time this week.
The U.S. 5th Circuit Court of Appeals Judge Richard
T. Rives granted the Times permission to file the appeal
aftr Judee He H. Grooms had certified the attorney’s
request for an appeal earlier this month.
Grooms ruled on Sept. 2 the Times could be served with
seven libel suits totaling $3.1 million brought as a result
of an article by Harrison E. Salisbury about race rela-
tions here. The suits were filed by the Birmingham and
issioners and Birmingham detective
The suits will be consolidated for purposes of appeal
consideration.
Eric Embry, attorney for The Times, has argued that the
newspaper could not be sued in Alabama because it does
not do business in this state.
Grooms held the newspaper did do business in Alabama
when it sent Salisbury into the state to gather information.
2199
In Cmovit Court or Montaomery County, ALABAMA
Derenpant’s Exumrr No. 138
ALABAMA JOURNAL OCT 29, 1960
TIMES LOSES ATTEMPT TO THROW OUT SUIT
By Judith Rushin
The New York Times lost yesterday in its last attempt
to have a libel suit brought against it by Montgomery’s
[fol. 1639] city commissioners thrown out.
Cireuit Judge Walter B. Jones over-ruled contentions by
defense attorneys that the commission suit failed to state
a good cause of action and announced the trial would begin
at 10 a. m. Tuesday.
Pleadings were then filed by Times attorneys denying
that the newspaper was guilty of libel in printing an ad-
vertisement paid for by the Committee to Defend Martin
Luther King, which contained alleged defamatory state-
ments about the Montgomery commissioners.
In additional pleadings on the case to be tried Tuesday,
The Times denied that it published the advertisement and
said the ad was paid for by the advertising agency which
ordered it.
The Times also maintained that the words in the ad were
not “libelous or defamatory according to the ordinary im-
port of the language contained in the advertisement.”
It said further that the words did not damage “the
reputation of the plaintiff or injure the plaintiff in his
present trade, business or profession,” and denied that
the words imputed to the plaintiff “any incapacity or lack
of due qualifications to fill the publie office held by the
plaintiff or charge him with any positive past misconduct
which injuriously affects him in his public office or charges
him with the holding of principles which are hostile to
the maintenance of government.”
NEGROES’ ATTORNEYS
Also present at Friday’s pre-trial hearing were attor-
neys for four Negro ministers who have been made defen-
dants in the suit along with The New York Times.
2200
The Negro ministers are Ralph D. Abernathy and S. S.
Seay, Sr., of Montgomery, Fred L. Shuttlesworth of Birm-
ingham and J. E. Lowery of Mobile.
Their attorneys also attacked the validity of the suit
brought against them but were overruled by Judge Jones’
decision.
Each of the city commissioners, Earl James, L. B. Sulli-
van and Frank Parks, have sued for $500,000.
Sullivan’s suit will be tried first.
[fol. 1640]
In Crcurr Court or Mowtcomery Country, ALABAMA
Derenpant’s Exursrr No. 139
ALABAMA JOURNAL OCT i1, 1960
LIBEL SUITS
The Washington Post has begun discussion of the con-
troversy between Birmingham and the New York Times
in stories which appear about as biased as were those of
Times Correspondent Salisbury.
These are the stories which resulted in a number of libel
suits yet to be tried.
In Cmcurr Court or Monteomery County, ALABAMA
Derenpant’s Exuisrr No. 140
ALABAMA JOURNAL OCT 28, 1960
CITY’S LIBEL CLAIMS ATTACKED BY TIMES
By Judith Rushin
Attorneys for The New York Times and for four Negroes
being sued by Montgomery’s city commissioners for libel
attacked the validity of suit against them this morning
before Circuit Judge Walter B. Jones.
2201
Judge Jones ruled he would rule on the defense argu-
ments at 3 p.m. today. If he decides then against the Times,
the case will go to trial Tuesday.
DEFAMATION CHARGED
Mont, y city e ‘ioners Earl James, L. B. Sulli-
van and Frank Parks have each asked $500,000 claiming
they were defamed in an advertisement which appeared in
the New York Times March 29.
The ad endorsed by the four Negro defendants Ralph D.
Abernathy and 8. 8. Seay, Sr. of Montgomery, Fred L.
Shuttlesworth of Birmingham and J. E. Lowery, all minis-
ters and leaders in integration activities.
Entitled “Heed Their Rising Voices,” the advertise-
[fol. 1641] ment attempted to solicit funds for the defense
of integration leader, Rev. Martin Luther King, Jr., who
was tried here in Circuit Court in May and acquitted of
perjury regarding the filing of state income tax returns.
Ineluded in the ad were statements relating to alleged
police treatment of Alabama State College students who
participated in a mass demonstration at the State Capitol.
The ad charged the Montgomery police with ringing the
college campus armed with shotguns and teargas and main-
tained that when the students protested to state authorities
by refusing to re-register, “their dining room was pad-
locked in an attempt to starve them into submission.”
Birmingham attorney T. Eric Embry, representing The
New York Times, argued before the court this morning
that the complaint drawn by the commissioners’ attorneys
was improper in that it joins three offenses in the same
eount, that it does not allege facts showing that the ad
referred to the plaintiffs, and that it does not allege dam-
ages to the plaintiffs.
Negro attorney, Solomon S. Seay, Jr. representing the
Negro defendants, told the court his arguments were the
same as those voiced by Embry and added that a whole
class of people was mentioned in the ad, not the Montgomery
commissioners specifically.
Seay said the plaintiffs were taking two paragraphs of
the ad out of context and that, read as a whole, one could
2202
not get the impression that the commissioners were singled
out.
He said the ad not only referred to incidents in Mont-
gomery but to similar occurrences in a number of Southern
cities.
CITIES COMMITTEES
The Negro lawyer said further that the ad was the re-
sponsibility of the Committee to Defend Martin Luther
King and the Struggle for Freedom in the South, and that
the names of the Negroes whom he represents were listed
among the endorsers below the advertisement.
Montgomery attorney Roland Nachman, one of the at-
torneys for the commissioners, defended the merits of
the complaint saying there could be no doubt but that the
ad referred to the city commissioners when it mentioned
“police” as the police cannot act without the direction of the
[fol. 1642] commissioners.
He attempted to refute other arguments of the defense
by citing Alabama cases which he said were in support of
his position.
Because of the volume of the pleadings and the num-
ber of cases cited by both sides, Judge Jones recessed
eourt to consider all the evidence.
Ten attorneys involved in the controversial case were
present for this morning’s hearing.
In Crecurr Court or Montcomery County, AnaBaMa
Derenpant’s Exuiprr No. 141
ALABAMA JOURNAL OCT. 31, 1960
TIMES LIBEL TRIAL BEGINS TUESDAY
The New York Times, which will face charges of libel
in Cireuit Court tomorrow, has filed an additional plea at-
tempting to show lack of malice.
Attorneys for The Times stated in the new plea that
the advertisement which Montgomery’s city commissioners
2203
claim libeled them was published with no knowledge or
reason to believe that the facts were false.
In support of this contention, the plea goes on to state
that the ad was paid for by one John Murray, whom the
newspapers believed trustworthy, and was signed and en-
dorsed by persons believed to be trustworthy.
The pleadings are based on the New York Civil Practices
Act which Times attorneys say applies in the case because
the advertisement was published in the State of New York.
The act allows for the introduction of evidence show-
ing lack of malice which may aid in lessening damages.
Suits for $500,000 have been filed against The Times by
each of the three city commissioners who claim they were
[fol. 1643] libeled by words in an advertisement of March
29 which attempted to solicit funds for the defense of
Negro leader Martin Luther King who was tried and ac-
quitted of perjury in Circuit Court here.
Also named as defendants, along with the Times, are four
Alabama Negroes who endorsed the ad. They are Ralph D.
Abernathy and Solomon S. Seay, Sr., of Montgomery, Fred
H. Shuttlesworth, of Birmingham and J. E. Lowery of
Mobile.
The first case, brought by Montgomery Police Commis-
sioner L. B. Sullivan, will begin at 10 a.m. tomorrow be-
fore a Cireuit Court jury. Judge Walter B. Jones will
preside over the trial.
In Cmcurr Covrr or Mowteomery County, ALABAMA
Derexpant’s Exursrr No. 142
ALABAMA JOURNAL NOV 2, 1960
L. B. SULLIVAN TESTIFIES IN TIMES SUIT
By Judith Rushin
Police Commissioner L. B. Sullivan told a Circuit Court
jury this morning that in his opinion statements in a New
York Times advertisement referred to him and reflected
upon his “ability and integrity.”
2204
Attorneys for Sullivan in his $500,000 libel action against
the New York newspaper rested their case after hearing
from one more witness.
DEFENSE TO OPEN
Defense attorneys for The Times and for four Alabama
Negroes also being sued are expected to present their
evidence this afternoon.
Asked by his attorney, Roland Nachman, Jr., whether
or not he thought a statement in the ad concerning police
“ringing” the Alabama State College campus with guns and
tear gas after student demonstrations were true or false,
Sullivan said, “The statement is completely false and I
resent it very much.”
[fol. 1644] NO PADLOCKING
As to whether or not the college Iunch room had been
“padlocked in an attempt to starve the students into sub-
mission,” Sullivan said, “It has never happened in the City
of Montgomery.”
Did the police department have anything to do with bomb-
ing Martin Luther King’s home here? Nachman asked.
“There has never been any incident of bombing or as-
saulting any person by the police,” the commissioner re-
plied.
“Was King arrested seven times as the ad states?”
“That is false.”
“Did you have anything to do with procuring the indict-
ment of King?”
“Nothing whatsoever.”
“Did you testify before the grand or petit jury?”
“I testified at the trial,” (King was tried and acquitted
of perjury in filling out state income tax returns.)
“As to his guilt or innocence?”
“No, as to whether or not Dr. King could receive a fair
trial in Montgomery.”
“Do you consider that the statements in the advertise-
ment refer to you and are associated with you?”
“T certainly do—the statements concerning arrest of peo-
ple and truck loads of police. I feel they are associated
with me.”
2205
THOUGHT A REFLECTION
Sullivan then told Nachman he thought the statements
reflected upon his “ability and integrity” and that those
statements “have been proved here as not true.” ;
On cross examination, Times attorney T. Eric Embry of
Birmingham attempted to prove that Sullivan had not in
fact been damaged by the wording in the ad published
March 29, in The Times, soliciting funds for the defense of
ig.
“Have you ever been ridiculed? Do you feel ill at ease
walking about the streets of Montgomery?” Embry asked.
“T haven’t had anyone come up to me personally and say
[fol. 1645] they held me in ridicule because of the ad,”
Sullivan said.
“Has anyone threatened to have you removed from of-
fice?” Embry asked to which the commissioner replied,
“No.”
“Have you been shunned by any one in a public place or
at the house of a friend or in any restaurant where you
have been since the publication of the ad?”
“TI don’t recall,” Sullivan answered.
Negro attorney V. Z. Crawford of Mobile, who repre-
sents the four Negro defendants, then asked Sullivan if he
filed suit to get publicity to run for another office.
Cireuit Judge Walter B. Jones threw the question out as
improper as Sullivan’s attorney jumped up to object.
After the plaintiff rested his case this morning, Negro
atty. Fred Gray, of Montgomery, who is also representing
the Negro defendants, filed a motion with the court to have
his clients excluded on the grounds that Sullivan’s at-
torneys failed to connect them with the case.
Judge Jones overruled the motion, recessed the trial for
lunch and said court would re-convene at 2:20 today.
DEFENDANTS
The Negro defendants, Ralph D. Abernathy, S. 8. Seay,
Sr., Fred Shuttlesworth and J. E. Lowery, were made
parties to the suit because their names appeared at the
bottom of the full page ad allegedly as endorsers.
2206
A Dothan trucking official was the first witness to take
the stand this morning as the case went into its second day.
Horace D. White, an officer if the P. C. White Truck Lines,
said Sullivan had formerly worked for his company as
safety director.
White testified that he believed the information in the
ad about police handling of student demonstrations here
he would be reluctant to re-hire Sullivan.
OTHER INCIDENTS
Testimony also went into the record concerning other
incidents mentioned in the ad. Cireuit Clerk John Mathews
[fol. 1646] read the names of student demonstrators who
pleaded guilty to disorderly conduct and refusing to obey
an officer and the fines they received, over Gray’s objection
that the cost of appeal was the reason for their pleading
guilty.
Police Detective Lt. E. Y. Lacy told the jury of the bomb-
ings at King’s house, saying one of the bombs failed to go
off. The other caused no injury.
Lacy said the police conducted an intensive investiga-
tion into the incident and even worked with other depart-
ments throughout the country.
The advertisement had stated that King’s house was
bombed and his wife and child were almost killed.
Police officer O. M. Strickland testified that he was one
of the officers who arrested King for loitering around the
city hall courtroom after he had been refused admittance
because he did not produce a subpoena.
“Was King assaulted?” Nachman asked.
“No, he was not,” Strickland replied emphatically.
Nachman then questioned Strickland as to his height
and weight in relation to King’s and solicited the informa-
tion that this policeman was a smaller man.
THE ASSAULT QUESTION
The ad also charged that King’s “person had been as-
saulted.”
Another witness for the plaintiff, Dr. Frank B. Stewart,
state superintendent of education, told the court that when
2207
nine students at Alabama State were expelled by the state
board for disobeying the law during the demonstrations the
board heard no discussion about “singing on the capitol
steps.”
According to the advertisement in question, the expul-
sion came after students gathering at the capitol and sang
“My Country, "Tis of Thee.”
YESTERDAY’S ACTION
Yesterday, attroneys for the Times began by calling wit-
nesses to lay the groundwork for their suit.
Five witnesses testified they felt an ad soliciting funds
[fol. 1647] for the defense of the Rev. Martin Luther King,
Jr. clearly reflected on Sullivan and his conduct of office
even though he was not specifically mentioned in the ad.
Attorneys representing The Times, however, managed
to get most of these witnesses to concede that they never
believed the statements which they felt referred to Sullivan
and that they think no less of the police commissioners
integrity today as a result of the publication.
e first witnesses were Grover C. Hall, Jr., editor of
The Montgomery Advertiser; Arnond Blackwell, a real
estate and insurance broker; Harry Kaminsky, sales man-
ager of a downtown clothing store; William M. Parker, a
service station operator, and H. M. Price, Sr., who runs
a food service equipment business.
SAY AD REFLECTED ON CITY
All made substantially the same testimony, that they felt
the ad reflected on the city government and Sullivan in
particular as police commissioner. Had they believed the
statements to be true, Sullivan would have fallen in their
estimation, they testified.
Sullivan’s attorneys attempted to introduce evidence of
racial tension that existed in Montgomery at the time the
ad appeared. Advertiser Assistant Editor William H. Me-
Donald was called to the stand to identify pictures of Negro
demonstrations during March, but Judge Walter B. Jones
ruled such evidence irrelevant and inadinissible.
There was one brief skirmish before testimony began.
2208
When Atty. Calvin Whitesell, a city attorney represent-
ing Sullivan along with several others, began reading the
controversial advertisement, Negro Atty. V. Z. Crawford
of Mobile objected that Whitesell was pronouncing the
word “nigger” instead of “Negro” as it appeared in the ad.
Judge Jones asked Whitesell if he was indulging in “in-
terpolations” in his pronounciation. Whitesell replied he
was pronouncing the word as he had done “all my life.”
To newsmen, he did not seem to be saying “nigger” but
something closer to “nigra” or “Nigro.”
[fol. 1648] SAY AD NOT LIBELOUS
The Times, represented by the Birmingham law firm of
Beddow, Embry and Beddow, does not contend the ad was
entirely true. They do maintain, however, that it did not
refer to any identifiable person nor is it libelous.
Further they contend that it came from a reputable ad-
vertising agency and was signed by many persons of high
character.
They cited several types of advertising which The Times
will not accept. This was done to prove that the newspaper
exercises diligent caution in screening out libelous, distaste-
ful, and erroneous advertising.
Montgomery’s other two commissioners, Mayor Earl
James and Frank Parks, have also filed $500,000 suits
against The Times.
In Circurr Courr or Monrcomery County, ALABAMA
Derenpant’s Exaserr No. 143
ALABAMA JOURNAL NOV. 3, 1960
OPPOSING SIDES GIVE FINAL ARGUMENTS
IN TIMES LIBEL SUIT
JURY EXPECTED TO GET CASE
SOMETIME THIS AFTERNOON
By Judith Rushin
Attorneys for Commissioner L. B. Sullivan, for The New
York Times, and for four Alabama Negroes hammered
2209
away at their opposition in final jury arguments today in an
attempt to get a verdict for their clients, The case was ex-
pected to go to the jury this afternoon.
Robert E. Steiner, II, speaking for Sullivan re-em-
phasized that the issioner is asking for $500,000 for
the libelous statements he says The Times printed about
him in an advertisement.
Negro attorney Fred Gray, representing the four Negroes
who allegedly endorsed the ad, maintained that Sullivan’s
attorneys “failed miserably” to prove that the ministers
actually endorsed the ad or knew anything about it.”
THEY DIDN'T “TRACT”
In a question which drew laughter from attorneys and
[fol. 1649] spectators Gray asked the jury, “How could these
individuals retract something—if you'll pardon the ex-
pression—they didn’t tract?”
'T. Erie Embry, a Birmingham attorney representing The
Times, shouted to the jury, “Where is the evidence that has
shown you that Mr. Sullivan suffered any injury?”
“Has Mr. Sullivan suffered or has possibly his stand-
ing in the community been enhanced?”
ONLY WAY TO IMPRESS
Steiner, in his opening remarks, said the only way to
impress or The Times or any other newspaper or magazine
that they must tell the truth is to “hit them in the pocket-
book.”
He then pointed out the falsity of certain statements
contained in the full page ad which ran March 29 to solicit
funds for the defense of Negro integration leader Martin
Luther King in his perjury trial here.
“They couldn’t even get the song right,” he said, referring
to a statement in the advertisement that Alabama State
College students sand “My Country, "Tis of Thee” on the
Capitol steps.
Steiner said one of The Times’ correspondents reported
that the song was “The National Anthem.”
He also attacked the statement concerning police “ring-
ing” the campus with shotguns and tear gas by saying, “It
2210
would take thousands of police probably to ring the campus
—approximately 12 square blocks.”
As to the reference to the ad to “state authorities pad-
locking the dining room in an attempt to starve the stu-
dents into submission,” he shouted, “That didn’t even hap-
pen. They couldn’t prove it.”
“ATTACKED SULLIVAN”
Steiner also mentioned a statement about King’s house
being bombed and said although Sullivan was not in office
when the bombings occurred, “the ad doesn’t say so—it
was designed to attack the present city commission.”
“Let The Times explain to you who in the world they were
talking about if it wasn’t the city commissioners of Mont-
gomery,” he told the jury.
{fol. 1650] In winding up his argument, Steiner said the
fact that the names of two Negroes from Montgomery
(Ralph D. Abernathy and S. S. Seay, Sr.) were placed on
the ad was “proof positive the ad was talking about Mr.
Sullivan.”
Gray referred to his clients in the case, Abernathy, Seay,
J. E. Lowery of Mobile and Fred Shuttlesworth of Birm-
ingham, as “the forgotten defendants in this case.”
“They had no business in the case in the first place,” he
said.
Gray told the jurors the testimony conclusively shows the
Negro defendants didn’t know their names were on the ad
or that the ad was even going to be published.
He said only one witness for Sullivan or for The Times
mentioned his clients and that was Sullivan himself, who
said he had sent letters to the four Negroes asking for a
retraction.
Embry contended that The Times took all precautions a
“normal human being” would take before accepting the ad-
vertisement and said Sullivan’s attorneys were suggest-
ing that a newspaper “set up some superhuman system” to
sereen advertising.
He told the jury the only statement in the ad which
was not substantially correct was the one referring to
2211
padlocking the college dining hall and “that statement
eould not possibly have referred to Sullivan,” he said.
Embry also accused Steiner of “appealing to every base
motive in man by snide references to people living in other
parts of the country.”
Attorneys for The Times Wednesday called three em-
ployees of the newspaper to testify to the effect that The
Times accepted in good faith the ad which prompted the
Sullivan suit and similar legal action by two other city
commissioners and the governor.
CONFLICTING TESTIMONY
Though Times attorneys produced evidence that a noted
Negro leader, A. Philip Randolph, had notified the news-
paper that the endorsers of the ad had consented to use of
{fol. 1651] their names, Negro attorneys for the four drew
conflicting testimony.
New York writer Jon Murray testified that names of the
four Alabma Negro defendants were not in the list origi-
nally covered by a letter from Randolph. He said their
names were added by Bayard Rustin of New York, execu-
tive director of the Committee to Defend Martin Luther
King, which sp ed the adverti
Last witness of the day was Harding Bancroft, secretary
of The New York Times Co., called by Times attorneys. He
testified that the newspaper considered the ad as having no
reference, direct or indirect, to Sullivan.
Times advertising salesman, Gershon T. Aronson and
D. Vincent Redding, manager of the newspaper’s advertis-
ing acceptability department, testified that they found no
reason to question the advertisement.
Redding said he depended on reputations of some en-
dorsers of the ad in determining its reliability.
2212
Ly Ciecurr Court or Montcomery Country, ALaBama
Derenpayt’s Exusrr No. 144
ALABAMA JOURNAL DEC. 14, 1960
JAN. 14 HEARING SET FOR NEW TRIAL BID
Oral arguments have been re-scheduled for Jan. 14 on a
motion for a new trial on the $500,000 libel suit judgment
against The New York Times and four Negro ministers.
The state court hearing on the request by the newspaper
and the clergymen, originally set for Friday, was post-
poned under an agreement by opposing attorneys.
Pleas for a new trial were filed soon after a jury
awarded Montgomery Police Commissioner L. B. Sullivan
$500,000 damages for an full page advertisement which ap.
peared in the Times March 29.
Sullivan, whose suit was the first of three brought by
Montgomery’s city commissioners, was awarded the largest
[fol. 1652] amount of damages in state history after a
three-day trial early last month,
Meanwhile, the second libel suit, filed by Mayor Earl
James, has been set for jury trial Jan. 30. No date has been
fixed for trial of Commissioner Frank Parks’ suit.
The libel actions stemmed from a Times ad soliciting
funds for the Rev. Martin Luther King, Jr. before the Negro
integration leader was acquitted on charges of lying about
his state income taxes.
Sullivan and the other public officials said the ad, which
criticized handling of Negro college student demonstrations
here last March, was false and malicious and held them
up to: ridicule and shame.
The Negro defendants whose names appeared in the ad-
vertisement are the Rey. Ralph D. Abernathy and the Rev.
Solomon 8. Seay, Sr. of Montgomery, the Rev. F. L. Shut-
tlesworth of Birmingham and the Rev. J. BE. Lowery of
Mobile.
2213
Ty Cmcurr Covrr or Montcommry Couwry, ALABAMA
Derenvanr’s Exurrr No. 145
ALABAMA JOURNAL FEB. 1, 1961
COURTROOM SEGREGATED IN TIMES SUIT
DEFENSE PRESENTED:
JURORS MAY GET CASE TODAY
By Judith Rushin
Whites and Negroes sat on opposite sides of the court-
room during the third day of The New York Times libel suit
today, ending the integration allowed yesterday.
Cirevit Court Judge Walter B. Jones ordered the races
separated in a sharply-worded statement from the bench
as Mayor Earl James’ half-million dollar suit against the
newspaper and four Negro ministers got under way.
JURY WATCHES
Conley said several Negro spectators were asked to move
in the present of the jury and thus the Negro defendants
were deprived of a fair and impartial trial.
[fol. 1653] He cited the due process and equal protection
clauses of the 14th Amendment to the U.S. Constitution as
being violated. o.
Judge Jones in overruling Conley’s motion for a mistrial
announced he was ready for his “judicial power and au-
thority to be tested.
ACCEPTS CHALLENGE
Jones said he accepted “the challenge of counsel for the
four Negro defendants, that, under the 14th Amendment,
he is without authority and is powerless to direct how a
trial shall be conducted.”
“The trial judge is willing to meet the challenge. He
accepts it, he puts the laws of Alabama against the wishes
and whims of the lawyers and the four N egro defendants,”
Jones continued.
y
%
XL
2214
Explaining why he was re-enforcing segregation in his
court-room after allowing the races to mingle on Tuesday,
Jones said yesterday “there was a studied effort by friends
of the four individual defendants to pack the courtroom with
members of their race.
“Tt would appear that there has been a planned effort to
_ drum up members of the Negro race to take up the seating
capacity of the courtroom.
“Negro spectators yesterday out-numbered white specta-
tors about 15 to one, and recognized _rabble-rousers_and
racial agitators milled about the courtroom.
“The judge stated that if the 14th Amendment is construed
to regulate his control of the courtroom then “the 14th
Amendment has no standing whatever in this court.”
“WORKS OVERTIME”
“The judge presiding here today knows that it is quite
the fashion in high judicial places to work the 14th Amend-
ment to work to deliberately neglect the more important
parts of the federal constitution, Jones said.
He said Alabama would stand on the 10th Amendment
which declares that powers not delegated to the United
States by the Constitution or prohibited by it to the states
are reserved to the states.
“The states of the union have reserved unto themselves,
[fol. 1654] have never surrendered to the government at
‘Washington, the right, the duty and the power belonging
to the judges of their state courts to direct how law suits
shall be tried in the courtrooms of the state,” he Said.
PRONUNCIATION QUESTION
He also touched on a question brought up yesterday by
Conley, that of the pronunciation of “Negro.”
Terming Negro attorney’s objections “appeals to race
prejudice” and “grandstand plays to the Negro spectators
in the courtroom,” Jones said their further repetition will
invoke the summary contempt power of the court.”
The objection was to attorney Robert Steiner’s prouncia-
tion, which sounds like “nigra.”_ —————____
2215
Ce
aa
BORN IN ENGLAND
“We will now continue with the trial of this case under
the laws of the State of Alabama nad not under the 14th
Amendment,” the judge said in conclusion, “and in the be-
lief and knowledge that the white man’s justice, a justice
born long centuries ago in England, brought over to this
country by the Anglo-Saxon Race, and brought to its full
flower here, a justice which has blessed countless genera-
tions, will give the parties at the bar of this court, regard-
less of race or color, equal justice under law.”
At the end of the four-page statement, Concley again
rose and announced that he “humbly takes exception to the
eourt’s ruling as well as the discourse.”
TRIAL PROCEEDS
The trial then proceeded with Times attorneys calling to
the stand Vincent Redding, manager of the advertising ac-
ceptability department of the newspaper.
Attorneys for the plaintiff, Mayor James, had rested
their case yesterday.
Redding said his job was to “screen advertising” accord-
ing to certain standards set up by The Times and that he had
passed on the ad which James’ claims libeled him, published
in the March 29, 1960, edition.
[fol. 1655] The ad, sponsored by a group to defend Martin
‘Luther King, contained several statements concerning
police action against King and Negro demonstrators at
Alabama State College.
In answer to questions by Times’ attorney Eric Embry,
Redding said he knew of Montgomery’s racial situation at
the time the ad was published “only in a general way.”
He testified he saw nothing in the copy which seemed to
him to be false, deceptive or misleading, and approved it re-
lying on the names of several attached to the ad.
Included in this list of signers, on whom Redding relied,
were Raymond Pace Alexnader, Mrs. Ralph Bunche, Dr.
Harry Emerson Fosdick, Clarence Pickett, Mrs. Eleanor
Roosevelt, Norman Thomas, Harry Belafonte, Malon
Brando, Nat King Cole, the Rev. Donald Harrington, Rabbi
Edward Klein, Sidney Potier, and A. Philip Randolph.
>
|
\
|
2216
On cross examination by attorney Roland Nachman,
Redding * * *
In Circurr Court or Montcomury County, ALABAMA
Derenpant’s Exuisrr No. 146
ALABAMA JOURNAL JAN 13, 1961
ARGUMENTS IN TIMES CASE POSTPONED
New trial arguments in the $500,000 libel suit judgment
against The New York Times and four Alabama Negro
leaders have been postponed to March 3.
Cireuit Judge Walter B. Jones was scheduled to hear
them Saturday.
The judgment, believed to be the largest in Alabama his-
tory, was awarded L. B. Sullivan as a result of a full-page
adevertisement in The Times last March 29.
The ad solicited funds for the defense of the Rev. Martin
Imther King, Jr. while the Negro integration leader was
awaiting trial on charges of lying about his Alabama state
[fol. 1656] income tax. King was later acquitted.
Sullivan contended the advertisement as critical of police
handling of a Negro student demonstration at Alabama
State College and that it held him up to ridicule. The Times
said it was not intended as a reflection on the police com-
missioner.
The other two city commissioners—Mayor Earl James
and Frank Parks—have filed similar libel suits asking
$500,000. James’ complaint is scheduled for trial Jan. 30.
2217
In Cincurr Court or Montcomery County, ALsBama
Derenpant’s Exurerr No. 147
ALABAMA JOURNAL JAN. 18, 1960
JUDGE DENIES ANOTHER TRIAL TO 4 NEGROES
Cireuit Court Judge Walter B. Jones ruled today that
four Negroes who are co-defendants with The New York
Times in a $500,000 libel suit judgment have forfeited their
chance at a new trial.
Jones said a motion for a new trial died last Saturday
when the Negroes failed to ask for a continuance.
Lawyers for the Times, acting separately, requested and
were granted a postponement of the new trial arguments
until March 3. The Negro attorneys contended that auto-
matically gave them an extension of time.
But Jones said it did not. He ruled that the Negroes
should have filed a separate request for a continuance.
HALF-MILLION AWARD
The Alabama Negroes—the Rev. Ralph D. Abernathy and
the Rev. S. S. Seay, Sr., of Montgomery, the Rev. F. L.
Shuttlesworth of Birmingham, and the Rev. J. E. Lowery
of Mobile—and the New York newspaper are defendants
in a half million dollar judgment awarded to Montgomery
Police Commissioner L. B. Sullivan last November.
Attorneys for all defendants filed a motion for a new trial
[fol. 1657] and it was set for hearing last Saturday. The
Times lawyers asked for a continuance, Jones said; the
Negroes’ Jawyers did not.
Meanwhile the judge also ruled that Mayor Earl James,
who also has sued The Times and the four Negroes, does
not have to explain his motive. He made the ruling yester-
day as Times attorneys sought to question the mayor in
advance of the scheduled Jan. 30 hearing on his suit.
THREE FILE SUITS
James, Police Commissioner L. B. Sullivan and Parks
Commissioner Frank Parks each has filed a $500,000 libel
2218
suit against the newspaper and the four Alabama Negroes
as a result of a Times advertisement last March 29.
In the first suit tried, a jury awarded Sullivan the full
amount last November. James’ complaint is scheduled
for trial next.
All three commissioners claim they were held up to ridi-
cule in the full-page Times ad, dealing with police handling
of Negro college student demonstrations against segrega-
tion here early last spring.
Roderick McLeod, Birmingham attorney for the news-
paper, asked James why he brought the lawsuit, what he
hoped to gain by it, and whether he had conferred with the
other commissioners about it.
The mayor’s lawyers protested the line of questioning,
and Jones, after hearing opposing arguments, ruled that
James’ reasons for the libel suit are his own business.
In Crrcurr Courr or Monteomery County, ALABAMA
Derennant’s Exurarr No. 148
ALABAMA JOURNAL JAN 31, 1961
NEGROES INTEGRATE CIRCUIT COURTROOM
By Judith Rushin
Some 50 Negro spectators poured into the courtroom
where Mayor Harl James’ $500,000 libel suit against The
New York Times is being held this morning, oceuping nearly
every row of seats.
The group apparently arrived to test Circuit Judge
[fol. 1658] Walter B. Jones ruling yesterday that there
would be no legally enforced segregation.
ere were no incidents as Negroes sat by the few white
people present and the judge made no effort to have the
spectators sit on opposite sides of the courtroom accord-
ing to race as is the usual custom.
Later in the morning, however, he did invoke a rule pro-
hibiting spectators from coming and going while a witness
is testifying on the stand.
2219
He stationed his bailiff, Lee Cook, and several deputy
sheriffs at the door to the courtroom to enforce this rule.
At one point in today’s proceedings, Negro attorney
Vernon Crawford of Mobile, who is representing four
Negro defendants in the case, asked the court to declare a
mistrial because testimony was introduced that some 30
Negro college students pleaded guilty and paid fines for
anti-segregation demonstrations at the Alabama State
College campus.
Crawford said this testimony, given by court clerk John
R. Mathews from his records, was “highly prejudicial” to
his clients.
The testimony was presented by Mayor James’ attorneys
because of statements in a New York Times advertisement
relating to racial conditions in Montgomery.
The half-million dollar suit by the mayor is based on an
ad which ran in The Times on March 29, 1960, entitled “Heed.
Their Rising Voices,” and sponsored by the Committee to
Defend Martin Luther King and the Struggle for Freedom
in the South.
King was later acquitted by a Montgomery County Cir-
euit Court jury of a perjury charge based on alleged state
income tax evasion.
STEART CALLED
As the libel trial went into its second day this morning,
attorney for James called State Superintendent Frank R.
Stewart to the witness stand to question him about the ex-
pulsion of nine students at the Negro college.
Stewart said the expulsion did not come about because a
group of Negroes sang “My Country, "Tis of Thee” on the
[fol. 1659] State Capitol steps as charged in The Times
ad and that the state board in fact didn’t know of the Capitol
incident at the time of its meeting.
Asked about another statement in the ad to the effect
that the college dining hall was padlocked to students
when they refused to re-register in protest of the expulsion,
stewart said, “That’s a false statement, of course. It was
never padlocked.”
oO
2220
Stewart also explained that the nine students were ex-
pelled because they violated college regulations by par-
ticipating in several demonstrations. He produced cata-
logs in which these rules were printed.
TELL’S CITYS STAND
On cross-examination by Times attorney Erie Embry of
Birmingham, the state superintendent admitted that city
officials, including Mayor James, had nothing to do with
operating the college or expelling the students but said
they were responsible for maintaining law and order.
‘When Negro attorney Charles Conley, representative
for the four Alabama Negro ministers who are also defen-
dants in the case, asked Stewart if it was true the Board
\} of Education was trying to make an example of the nine
y students, Embry objected and Judge Jones sustained his
objection.
Three Montgomery residents were then called upon by
the plaintiff to testify to their reaction to The Times ad.
Real estate and insurance man Gordon Meriwether, Sr.
told the jury the ad brought to mind the city commission
of Montgomery and said if he had believed the statements
in the ad he would “never have supported any one of them
again.”
W. T. Jones, chairman of the Montgomery County Board
of Revenue, also testified that he thought the ad referred
to city officials.
He said, however, that he never believed the statements
in question to be true and that he had known the mayor
since 1927, having taught him in school.
Service station and parking lot owner Carl W. Johnson,
who said he had known James since the thirties, stated that
he “acquainted the statements with the mayor and his
associates.”
Johnson said he, too, would refuse to vote for James and
{fol. 1660] the other two commissioners if he believed the
charges in the ad.
Written questions propounded to The New York Times
and the newspaper’s answers were then read into the
record by attorneys Roland Nachman and Robert Steiner.
2221
PROTESTS “SOUND”
During Steiner’s reading to the answers, Negro attorney
Conley jumped up to object to the pronunciation of “Negro.”
Steiner’s pronunciation was “nigra.”
Judge Jones remarked sternly that Steiner was pronounc-
ing the word as he always had and said, “I’ll leave the pro-
nunciation to him.”
Testimony was introduced of Mayor James’ request for
a retraction of portions of the ad and The Times’ failure
to So retract.
In November of last year, Police Commissioner L. B.
Sullivan received a $500,000 verdict from a Cireuit Court
jury against The Times and the four Negro ministers in
a libel suit based on the same ad.
In Omcourr Court or Montcomery County, ALaBama
Derenpant’s Exurerr No. 149
ALABAMA JOURNAL JAN. 30, 1961
DELAY IS DENIED IN TIMES TRIAL
By Judith Rushin
Montgomery’s bearded men and hoop-skirted women were
eited as grounds for a continuance of Mayor Earl James’
$500,000 libel suit against The New York Times this morn-
ing.
The continuance, asked by Times attorney Erie Embry
and Negro attorney Charles Conley, was denied by Cir-
cuit Judge Walter B. Jones and the selection of jurors
got under way shortly after noon.
Embry argued that the New York newspaper couldn’t get
a fair trial “because of the relation between the nature of
the subject matter of this action and certain of the issues
of the War Between the States, to wit: segregation of the
races and the feeling presently engendered in this com-
munity by reason of the revival of such issues in the minds
of the community and the emotions and feelings of sectional-
je”
=
wl
2299 Neal
[fol. 1661] BASED ON AD
The libel action is based on an advertisement in The
Times of March, 1960 soliciting funds for the defense of
Martin Luther King and the Struggle for Freedom in the
South. (King was tried and acquitted for state income tax
evasion.)
Mayor James claims in his suit that he was libeled when
the ad referred to certain police action regarding student
demonstrations at Alabama State College for Negroes.
A Circuit Court jury in November last year returned a
half-million dollar verdict in favor of Police Commissioner
L. B. Sullivan based on the same advertisement.
4 NEGROES NAMED
Also named as defendants in the suits were four Alabma
Negro leaders whose names appeared at the bottom of the
ad allegedly as endorsers.
In arguments before Judge Jones in his private cham-
bers this morning, Embry said the Sullivan verdict “could
only have been the result of the passion and prejudice
revived by that celebration (the Centennial Commemora-
tion) and other events embraced within that Civil War
Sullivan trial while ceremonies took place changing the
name of Court Square to Confederate Square.
In answering Embry’s statements in support of a con-
tinuance of the case to the fall term of court, Attorney Ro-
land Nachman remarked, “This is strange procedure today,”
referring to the Centennial question.
NO BEARDS
Nachman said he also wanted to point out that “none of
the plaintiff’s attorneys have beards.”
Attacking The Times’ grounds for continuance, he cited
a number of cases where the same question of community
prejudice was involved and the courts ruled that the cases
should be tried.
celebration.”
He said couert was evern adjourned one day during =|
2223
He pointed out a trial of Communist leaders in New York,
the case of newspaper writer Victor Reisel who was blinded
by acid thrown in his face, the Hoffa trial in Washington,
and the New York trial of the Apalachin gang.
[fol. 1662] Negro Attorney Conley also filed a motion this
morning for Judge Jones to recuse himself from trying the
case because of his position on the board of jury supervisors
and the possibility of his being called as a witness.
Conley said the judge’s participation in the trial deprives
his clients of a fair and impartial trial.
COME TOO LATE
Judge Jones ruled that the motion had come too late
in the proceedings and thus denied it.
Conley next attacked the composition of the jury with a
motion to quash the venire, saying not all qualified male citi-
zens in the county were in the jury box.
His motion stated that approximately 37 percent of the
eligible male citizens are Negroes but only 5 per cent are
in the jury box.
This is “highly iregular, arbitrary, capricious, and con-
trary to the method prescribed by the Constitution and
laws of the State of Alabama and of the United States,”
Conley said.
“The names of only a token few of the eligible Negro male
citizens of this country have been placed in the jury box,”
he continued.
Judge Jones ruled that this motion was also too late.
Conley then moved for the 34-man jury sworn in this
morning to be declared void because it doesn’t contain a
cross-section,” having only one Negro. The motion was
denied.
In a final plea for continuance, Embry told the judge,
“We're going up against a stacked deck, so to speak.”
2224
Is Crovrr Court or Mortcomery County, Anspama
Derenpayr’s Exurprr No. 150
ALABAMA JOURNAL FEB. 9, 1961
TIMES LIBEL SUIT LOOMS BY SELLERS
Former Police Commissioner Clyde Sellers is apparently
[fol. 1663] preparing to file a libel suit against The New
York Times and four Alabama Negro ministers ; the Journal
has learned.
The Rev. Ralph Abernathy, president of the Montgomery
Improvement Association, confirmed that he had received
a demand from Sellers to retract an advertisement which
.appeared in the Times last spring soliciting funds for the
defendse of the Rev. Martin Luther King.
FIRST LEGAL STEP
A demand for retraction is the first legal step toward
filing a libel suit. Demands for retraction were made by
Gov. Patterson and Montgomery’s three city commissioners
preliminary to filing their libel suits against the newspapers
and the four ministers.
Juries have already awarded Mayor Harl James and
Commissioner L. B. Sullivan the full $500,000 they sued
for. Commissioner Frank Parks’ $500,000 suit is still pend-
ing as is the governor’s, which is for $1-million.
Contacted this morning, Sellers refused to discuss the
case. While he did not deny sending the demand for re-
traction, he declined to say how much he plans to sue for.
Sellers was defeated in 1959 by Sullivan. Portions of the
advertisement referred to events which took place during
the administration of both men.
One section of the ad stated that the dining hall at
Alabama State College was padlocked “to starve students
into submission” after anti-segregation activity in 1960,
during Sullivan’s administration.
Another section deals with the number of times King
was arrested and with the bombing of his home in 1957,
which took place while Sellers was police commissioner.
2225
SOLICITED FUNDS FOR KING
The ad solicited funds for King’s defense when he was
charged with perjury in connection with filing state income
tax returns. He was later acquitted of the charge.
The names of Seay, Abernathy, the Rev. J. E. Lowery of
Mobile, and the Rev. Fred L. Shuttlesworth of Birmingham
appeared on the ad endorsing the appeal, but the ministers
{fol. 1664] contend they did not give permission for the
use of their names.
At the trial of James’ suit last week, John Murray, who
wrote the ad, confirmed that the ministers’ names were
used without permission. Attorneys for the commissioners
maintain, however, that the ministers should have made
some effort to retract the ad.
Atty. S. S. Seay, Jr., who represents the four Negro
ministers, said Sellers’ letter was substantially the same as
the earlier demands for retraction.
Seay said he understood Shuttlesworth has already re-
ceived a copy but he does not know whether Lowery has
been reached.
He added that he talked with Birmingham attorneys rep-
resenting The Times about 2 p.m. yesterday “and at the
time, they had no knowledge of it.”
In Cmovurr Court or Montcomery County, ALABAMA
Derenpant’s Exuprr No. 151
ALABAMA JOURNAL FEB. 4, 1960
NEGROES ASK OUT OF $1 MILLION BOND
TIMES CASE DEFENDANTS TO ASK STAY:
SHERIFF SEIZES ABERNATHY’S AUTO
Attorneys for four Alabama Negro ministers facing a
half-million dollar libel judgment plan to ask the courts to
forgo filing a $1 million bond to stay execution of the huge
settlement.
The action was planned as a car belonging to one of the
Negroes was seized here yesterday as partial payment
2226
in the $500,000 libel judgment against him, three other
Negroes’ and the New York Times.
ABERNATHY CAR SEIZED
Deputy Sheriff F. H. Phelps said he impounded the 5-
year old sedan owned by the Rev. Ralph D. Abernathy Fri-
day under directions from Circuit Clerk John R. Mathews.
Abernathy and three other N egro ministers were co-
defendants with the newspaper in a $500,000 libel suit filed
(fol. 1665] by Police Commissioner L. B. Sullivan. A eir-
cuit court jury awarded Sullivan the full amount last
September. A similar amount in a second trial was awarded
this week to Mayor Earl James.
Charles S. Conley, representing Abernathy, told United
Press International unless the court agrees to overlook the
bond, his clients face “harrassment at most inconvenient
times” during the period pending the appeal—which could
go to the U. S. Supreme Court—is pedning.
“ALREADY STARTED”
Conley said the harassment began yesterday when
Abernathy’s 1956 Buick Century was impounded.
The suits stemmed from an advertisement in The New
York Times of March 29, 1960, which solicited funds for the
legal defense of Negro integration leader, the Rey. Martin
Luther King, Jr.
A motion by the Negroes for a new trial in the Sullivan
case was dismissed by Cirenit J udge Walter B. Jones who
said the ministers’ attorneys failed to file their appeal with-
in the required 30 days. Arguments of a Times motion for
new trial will be heard March 3,
CAN STILL APPEAL
Conley, who entered the case last week, said denial of _
motion for a new trial has no effect on an appeal against
the judgment “which we consider outrageous and most
unjust.”
Conley said other Property belonging to the ministers
could be impounded as partial payment of the judgment un-
2227
less the court agrees to stay execution without the post-
ing of the bond.
Mathews told the Associated Press writs executing the
bel judgment have also been issued against the three
other Negroes—the Rev. Solomon §. Seay, Sr., of Mont-
gomery; the Rev. Fred L. Shuttlesworth, of Birmingham;
and the Rev. J. E. Lowery of Mobile.
SILENT ON SEAY
Phelps who is handling the attachments against the prop-
erty of Abernathy and Seay, said last night only Aber-
nathy’s auto had been impounded so far. He declined to
say what will be done in Seay’s case.
The deputy said the attachments against the belongings
of Shuttlesworth and Lowery would be carried out by the
[fol. 1666] sheriff’s offices in Birmingham and Mobile.
Under such attachments, Phelps explained, anything of
value owned by the defendants may be seized to satisfy
the judgment. He refused to say if other property of Aber-
athy or Seay would be impounded.
SEAY HAS LITTLE PROPERTY
Seay told newsmen he has little property in his name that
could be impounded. He said his house is in his wife’s name
and that he believes his auto is registered with one of his
sons as owner.
No attachment was issued against The New York Times,
the circuit clerk said, under Cirenit J udge Walter B. Jones’
ruling last month that Times attorney asked for retrial in
the Sullivan case within the time limit.
Writs were signed against the four Negro ministers be-
cause the judge ruled that their attorneys waited too long
to request another trial on Sullivan’s libel suit.
=e
peel
2228
Ix Crrcurr Court or Montcomery County, ALABAMA
Derenpant’s Exuserr No. 152
ALABAMA JOURNAL FEB. 6, 1961
ORDERS TO SEIZE PROPERTY ISSUED
Garnishment orders against the financial assets of four
Negro ministers have been issued as a result of a $500,000
libel suit judgment awarded to Montgomery’s police com-
missioner.
Court records disclosed today that garnishments have
been directed to the Montgomery Improvement Association
and the Tuskegee Federal Savings and Loan Association.
They were issued in an effort to attach any funds be-
longing to the Rev. 8. S. Seay, Sr. and the Rev. Ralph D.
Abernathy of Montgomery, the Rev. F. L. Shuttlesworth of
Birmingham and the Rev. J. E. Lowery of Mobile.
[fol. 1667] The Negro ministers, and The New York
Times, were defendants in a libel suit which brought a
$500,000 judgment for Police Commissioner L. B. Sullivan
last Nov. 3.
Sullivan’s attorneys have taken steps to seize property
belonging to the Negroes because Circuit Judge Walter B.
Jones has ruled that they forfeited their chance for a new
trial.
By contrast, no attempt has been made to put the judg-
ment into effect against The Times since lawyers for the
newspaper have a new trial motion pending.
The police commissioner’s attorneys have already at-
tached a five-year-old car owned by Abernathy as the first
step toward satisfying the judgment.
Although only Abernathy and Seay are known to have
direct connections with the Montgomery Improvement
Assn., court records showed the garnishment covered all
four ministers involved in the libel suit.
Calvin Whitesell, one of Sullivan’s lawyers, said he did
not know whether any of the four ministers have money in
the Tuskegee savings association, but the garnishment
would cover any funds in their names.
eeeeery UNE _ 2229
“~ Abernathy is president of the MIA; Seay is the fulltime
Is Cracurr Courr or Montgomery County, ALABAMA
Derenpant’s Exursrr No. 153
ALABAMA JOURNAL FEB. 11, 1961
RIGHT OF NOTIFICATION GIVEN LAWYER IN N.Y.
TIMES CASE
An attorney for The New York Times has been given the
right to be notified when a list is drawn for jury service
on the pending $500,000 libel suit of City Commissioner
Frank Parks.
Parks is the third city commissioner suing The Times
over statements in an ad. The other two, Earl James and
L. B. Sullivan, already have been awarded $500,000 ver-
diets by Cireuit Court juries.
{fol. 1668] Roderick McLeod, member of the Birmingham
firm of Beddow, Embry, and Beddow, was granted a mo-
tion directing the circuit clerk to notify him of the jury
drawing.
DISMISSED MOTION
One of the grounds on which Times’ attorneys sought a
continuance during the suit by James was that they were
not present when the jury venire was drawn. Judge Walter
B Jones diumissed the motion because nothing prevented
their being present.
Jones also dismissed a motion by attorneys for four
Negro co-defendants that the jury be quashed. The Negro
attorneys charged that only “a token number” of members
of their race served on local juries.
Arguments for a new trial of the Sullivan suit are to
be heard by Judge Jones March 3. The Negro defendants,
the Revs. Ralph Abernathy, Fred Shuttlesworth, S. S.
Seay and J. E. Lowery, lost their chance for a new trial
when their attorneys failed to continue their motion.
2230
In Crecurr Court or Montcomery County, ALABAMA
Derenpant’s Exursrr No. 154
ALABAMA JOURNAL FEB. 13, 1961
CLERIC’S CAR TO BE SOLD AT AUCTION
A car seized from one of the defendants has been ad-
vertised for sale in another move toward satisfying a
$500,000 libel judgment against The New York Times and
four ministers.
The 1956 model car seized from The Rev. Ralph D.
Abernathy of Montgomery will be sold by the sheriff’s
office at a public auction Feb. 21 in Montgomery.
Police Commissioner L. B. Sullivan won the judgment
last Nov. 3 against The Times and the Negro ministers—
Abernathy, The Rev. S. S. Seay, Sr. of Montgomery, The
Rev. F. L. Shuttlesworth of Birmingham and the Rev.
[fol. 1669] J. E. Lowery of Mobile. Attached, in addition
to Abernathy’s car, were autos belonging to Shuttlesworth
and Lowery, and Seay’s share in a lot owned by himself
and his wife.
NO MOVE
There has been no move to execute the judgment against
The Times because the newspaper has pending a motion for
a new trial. The Negroes and The Times were to argue
new trial motions last month. The Times asked and got a
continuance to March 3. The court ruled that the ministers
lost their chance for a new trial when they failed to ask for
a continuance.
Mayor Earl James won a $500,000 judgment in a similar
suit last month. Both suits were based on an advertisement
in The Times last March 29 which bore names of the
Negroes as sponsors. They testified they neither knew of
nor permitted use of their names.
Similar suits by City Commissioner Frank Parks and
Gov. John Patterson remain to be tried.
2231 bs
In Crcurr Court or Montreomery County, ALABAMA
Derenpant’s Exarerr No. 155
ALABAMA JOURNAL FEB. 23, 1961
4 NEGROES FILE SUIT
Four Negro ministers have asked a federal court to stop
execution of two $500,000 libel judgments against them
and halt the pending state court trials of two similar suits.
The ministers are defendants with The New York Times
in four libel suits brought by Gov. John Patterson, Mayor
Earl James and City Commissioners L. B. Sullivan and
Frank Parks. a \
The ministers charge, in a civil suit filed Monday in U. 8.
District Court here, that Patterson and the city officials |
“conspired and planned—utilizing their official positions |
as well as the judicial machinery of the state, to deter
and prohibit the plaintiffs and their supporters—from
[fol. 1670] utilizing their constitutional rights—by insti-
tuting fraudulent actions in libel against the plaintiffs,
without any basis in law or fact.”
ACTION BEGUN
Execution of Sullivan’s suit, tried last November in Cir-
cuit Court here, already has begun against the Negroes—
the Rev. Ralph D. Abernathy and the Rev. S. S. Seay, Sr.
of Montgomery, the Rev. F. L. Shutilesworth of Birming-
ham and the Rev. J. E. Lowery of Mobile. There has been
no attempt to execute the judgment against The Times be-
cause its motion for a new trial is pending.
The court ruled that the ministers lost their right to a
new trial when they failed to join the newspaper last
month in requesting a continuance of a hearing on the
motion.
The James verdict was brought by another jury last
month. There has been no attempt to execute it.
Suits by Patterson and Parks remained to be tried.
2232
FOUR SHERIFFS NAMED
The ministers also named four sheriffs as defendants
in an effort to keep them from attaching and selling their
belongings. They are Sheriffs Holt A. McDowell of Jeffer-
son County, Mac Sim Butler of Montgomery County, Ray
D. Bridges of Mobile County and Wilmer Shiélds of Mar-
engo County where real estate owned by Abernathy has
been attached.
No hearing date has been set in the civil action before
U.S. District Judge Frank M. Johnson, Jr.
Johnson earlier this week denied the Negroes’ request
for an order to stop seizure of their property. He said
they had failed to exhaust their remedy in state court.
The libel suits were based on an advertisement appear-
ing in The New York Times last March 29, which ineluded
names of the ministers as sponsors. They have insisted
their names were used without their knowledge or consent.
The advertisement solicited funds for legal defense of
the Rev. Martin Luther King, Jr., Negro integration
leader then charged in state court with lying about his
state income tax. King was acquitted. The ad was critical of
[fol 1671] handling of demonstrations by Negro college
students in Montgomery.
In Crrcurr Court or Monteommry County, ALaBama
Dzvenpant’s Exurerr No. 156
THE ALABAMA JOURNAL NOVEMBER 1, 1960
JURORS SELECTED FOR TIMES SUIT
By Judith Rushin Journal Staff Writer
Police Commissioner L. B. Sullivan’s $500,000 libel suit
against The New York Times got off to a slow start this
morning, the majority of the time being taken for selection
of a jury.
Times attorneys questioned all jurors at length concern-
ing their feelings toward any position the New York news-
2233
paper might have taken and any connection the jurors
might have with Sullivan’s lawyers or the City of Mont-
gomery.
Two Negroes were among the original 37 jurors called
for service this week, however they were immediately struck
from the list by attorneys for Sullivan.
JURORS SEATED
Jurors who will hear the controversial ease, which is
expected to last all week are John B. Sanford, Boland R.
Albright, John C. Boswell, Patrick T. Cahalin, Richard C.
Croy, Guy Davidson, Carl Henry, Billy R. Miller, J.
Auburn Moorer, Joseph W. McDade, Henry W. Rawls, and
John R. Rigsby.
Sullivan’s suit is one of three libel actions brought
against The Times and four Alabama Negroes based on an
advertisement which ran in The Times March 29.
The ad, placed in the newspaper by the Committee to
“Defend Martin Luther King and the Struggle for Freedom
in the South, allegedly libeled Sullivan and city commis-
sioners Harl James and Frank Parks in referring to police
action taken in regard to Negro student demonstrations
[fol. 1672] here.
2 OTHER CASES ON FILE
James and Parks have also each sued for $500,000.
Named as defendants, along with The New York Times,
are Negro ministers Ralph D. Abernathy, Solomon §.
Seay, Sr., Fred L. Shuttlesworth and J. E. Lowery, all of
whom endorsed the advertisement.
According to one of Sullivan’s attorneys, Roland Nach-
man, The Times retracted the incorrect portions of the ad
referring to Montgomery to Gov. John Patterson, but
never to Sullivan himself.
No retraction was ever made by the Negro defendants
in the case, Nachman said.
Attorneys for The Times denied that the ad in question
libeled Sullivan and said nowhere in the advertisement
was there any reference to Sullivan or the police depart-
ment.
2234
JUDGE JONES PRESIDES
The Times had no reason to believe that material in the
ad was false because it received the ad from a reputable
advertising agency, said Atty. T. Eric Embry of Birming-
ham who represents the newspaper in the suit.
Sullivan’s suit charges The Times with falsely and
maliciously publishing the alleged libelous matter and asks
for both general damages for injury to himself and puni-
tive damages against the newspaper.
Opening statements as to what they expected to prove
were given the jury by attorneys on both sides of the
controversy before the court recessed for lunch. Testimony
will begin this afternoon.
Cireuit Judge Walter B. Jones is presiding over the
case.
Attorney Fred Gray, representing the Negro defendants,
told the jury that his clients did not sign the ad, were not
members of the committee which published the ad, were
never approached by that committee as to use of their
names, and in fact did not know that the ad was to be run.
“What happened to them could happen to you or anyone
else,” Gray said.
(fol. 1673]
(ONE PHOTOGRAPH ATTACHED TO ORIGINAL)
Ty Crcurr Courr or Moyteomzry County, Anapama
Derenpant’s Exurerr No. 157
ALABAMA JOURNAL NOVEMBER 2, 1960
L. B. SULLIVAN TESTIFIES IN TIMES SUIT
By Judith Rushin Journal Staff Writer
Police Commissioner L. B. Sullivan told a Cireuit Court
jury this morning that in his opinion statements in a New
York Times advertisement referred to him and reflected
upon his “ability and integrity.”
a ESE RR oie ea
2235
Attorneys for Sullivan in his $500,000 libel action against
The New York newspaper rested their case after hearing
from one more witness.
DEFENSE TO OPEN
Defense attorneys for The Times and for four Alabama
Negroes also being sued are expected to present their evi-
dence this afternoon.
Asked by his attorney, Roland Nachman, Jr., whether
or not he thought a statement in the ad concerning police
[fol. 1674] “ringing” the Alabama State College campus
with guns and tear gas after student demonstrations were
true or false, Sullivan said, “The statement is completely
false and I resent it very much.”
NO PADLOCKING
As to whether or not the college lunch room had been
“padlocked in an attempt to starve the students into sub-
mission,” Sullivan said, “It has never happened in the City
of Montgomery.”
Did the police department have anything to do with
bombing or assaulting any person by the police,” the com-
missioner replied.
“Was King arrested seven times, as the ad states?”
“That is false.”
“Did you have anything to do with procuring the indict-
ment of King?”
“Nothing whatever.”
“Did you testify before the grand or petit jury?”
“T testified at the trial.” (King was tried and acquitted
of perjury in filing his state income tax returns.)
“As to his guilt or innocence?”
“No, as to whether or not Dr. King could receive a fair
trial in Montgomery.”
“Do you consider that the statements in the advertise-
ment refer to you and are associated with you?”
“T certainly do—the statements concerning arrest of peo-
ple and truck loads of police. I feel they are associated
with me.”
2236
THOUGHT A REFLECTION
Sullivan then told Nachman he thought the statements
reflected upon his “ability and integrity” and that those
statements “have been proved here as not true.”
On cross examination, Times attorney T. Eric Embry of
Birmingham attempted to prove that Sullivan had not in
fact been damaged by the wording in the ad published
March 29, in The Times, soliciting funds for the defense
of King.
“Have you ever been ridiculed? Do you feel ill at ease
walking about the streets of Montgomery?” Embry asked.
[fol. 1675] “I haven’t had anyone come up to me person-
ally and say they held me in ridicule because of the ad,”
Sullivan said.
“Has anyone threatened to have you removed from
giaeet? Embry asked, to which the commissioner replied,
“No.”
“Have you been shunned by anyone in a public place or
at the house of a friend or in any restaurant where you
have been since the publication of the ad?”
“T don’t recall,” Sullivan answered.
Negro attorney V. Z. Crawford, of Mobile, who repre-
sents the four Negro defendants, then asked Sullivan if he
filed suit to get publicity to run for another office.
Circuit Judge Walter B. Jones threw the question out
as improper as Sullivan’s attorneys jumped up to object.
After the plaintiff rested his case this morning, Negro
atty. Fred Gray, of Montgomery, the Lawyer who is repre-
senting the Negro defendants, filed a motion with the court
to have his clients excluded on the grounds that Sullivan’s
attorneys failed to connect them with the ease,
Judge Jones overruled the motion, recessed the trial for
lunch, and said court would re-convene at 2:30 today.
DEFENDANTS
The Negro defendants, Ralph D. Abernathy, S. S. Seay,
Sr., Fred Shuttlesworth and J. E. Lowery, were made par-
ties to the suit because their names appear at the bottom
of the full-page ad, allegedly as endorsers.
2237
A Dothan trucking official was the first witness to take
the stand this morning as the case went into its second day.
Horace D. White, an officer in the P. C. White Truck Lines,
said Sullivan had formerly worked for his company as
safety director.
White testified that had he believed the information in
the ad about police handling of student demonstrations
here he would be reluctant to re-hire Sullivan.
OTHER INCIDENTS
Testimony also went into the record concerning other
[fol. 1676] incidents mentioned in the ad. Cireuit Clerk
John Matthews read the names of student demonstrators
who pleaded guilty to disorderly conduct and refusing to
obey an officer and the fines they received, over Gray’s
objection that the cost of appeal was the reason for their
pleading guilty.
Police detective Lt. H. Y. Lacy told the jury of the
bombings at King’s house, saying one of the bombs failed
to go off. The other caused no injury.
Lacey said the police conducted an intensive investiga-
tion into the incident and even worked with other depart-
ments throughout the country.
The advertisement had stated that King’s house was
bombed and his wife and child were almost killed.
Police officer O. M. Strickland testified that he was one
of the officers who arrested King for loitering around the
city hall courtroom after he had been refused admittance
because he did not produce a subpoena.
“Was King assaulted?” Nachman asked?
“No, he was not,” Strickland replied emphatically.
Nachman then questioned Strickland as to his height and
weight in relation to King’s and solicited the information
that the policeman was a smaller man.
THE ASSAULT QUESTION
The ad charged that King’s “person had been assaulted.”
Another witness for the plaintiff, Dr. Frank R. Stewart,
State Superintendent of Education, told the Court that
when nine students of Alabama State were expelled by the
2238
State Board for disobeying the law during the demonstra-
tions the Board heard no discussion about “singing on the
capitol steps.”
According to the advertisement in question, the expul-
sion came after students gathering at the capitol and sang,
“My Country, "Tis of Thee.”
[fol. 1677}
, YESTERDAY’S ACTION
Yesterday, attorneys for the Times began ealling wit-
nesses to lay the groundwork for their suit.
Five witnesses testified they felt an ad soliciting funds
for the defense of the Rev. Martin Luther King, Jr. clearly
reflected on Sullivan and his conduct of office, even though
he was not specifically mentioned in the ad.
Attorneys representing The Times, however, managed to
get most of these witnesses to concede that they never be-
lieved the statements which they felt referred to Sullivan
and that they think no less of the police commissioner’s
integrity today as a result of the publication.
The first witnesses were Grover C. Hall, Jr., editor of
The Montgomery Advertiser; Arnold Blackwell, a real
estate and insurance broker; Harry Kaminsky, sales man-
ager of a downtown clothing store; William M. Parker, a
- service station operator, and H. M. Price, Sr., who runs a
food service equipment business.
SAY AD REFLECTED ON CITY
All made substantially the same testimony, that they
felt the ad reflected on the city government and Sullivan in
particular as police commissioner. Had they believed the
statements to be true, Sullivan would have fallen in their
estimation, they testified.
Sullivan’s attorneys attempted to introduce evidence of
racial tension that existed in Montgomery at the time the
ad appeared. Advertiser Assistant Editor William H. Me-
_ Donald was called to the stand to identify pictures of Ni egro
demonstrations during March, but Jadge Walter B. Jones
ruled such evidence irrelevant and inadmissible.
2239
There was one brief skirmish before testimony began.
When Calvin Whitesell, a city attorney representing
Sullivan along with several others, began reading the con-
troversial advertisement, Negro Atty. V. Z. Crawford of
Mobile objected that Whitesell was pronouncing the word
“nigger” instead of “Negro,” as it appeared in the ad.
Judge Jones asked Whitesell if he was indulging in “in-
terpolations” in his pronunciation. Whitesell replied he
was pronouncing the word as he had done “all my life.”
[fol. 1678] To newsmen, he did not seem to be saying
“nigger” but something closer to “nigra” or ‘nigro.
SAY AD NOT LIBELOUS
The Times, represented by the Birmingham law firm of
Beddow, Embry and Beddow, does not contend the ad was
entirely true. They do maintain, however, that it did not
refer to any identifiable person nor is it libelous.
Further, they contend that it came from a reputable
advertising agency and was signed by many persons of
high character.
They cited several types of advertising which The Times
will not accept. This was done to prove that the news-
paper exercises diligent caution in screening out libelous,
distasteful, and erroneous advertising.
Montgomery’s other two commissioners, Mayor Earl
James and Frank Parks, have also filed $500,000 suits
against The Times.
(ONE PHOTOGRAPH ATTACHED TO ORIGINAL.)
Ko
a
[fol. 1679]
Is Crrcurr Courr or Moxtcomuny County, ALABAMA
2240
Derenpant’s Exner No. 158
ALABAMA JOURNAL NOVEMBER 4, 1960
MUST STICK TO THE TRUTH
The half million dollar judgment imposed on the New
York Times et al by a Montgomery jury could have the
effect of causing reckless publishers of the North—includ-
ing magazine publishers—to make a re-survey of their
habit of permitting anything detrimental to the South and
its people to appear in their columns.
That the South, and the people of the South individually
and collectively, are being libeled every day b
newspapers, magazines and thelr’ special soreopondate
is known of by all men.
Heretofore they have regarded themselves as safe from
prosecution for their offenses because they were far off,
and were under the impression that they could be sued for
their derelictions only in the courts of their home cities.
The Alabama courts have declared that newspapers like
the New York Times are “doing business” in Alabama, hence
are responsible in Alabama courts for their actions affect-
ing Alabama and Alabama citizens.
Half a million dollars is a mere fraction of what is re-
quired to repair the damage to the South, Alabama and their
people inflicted by the New York Times and other news-
papers.
Montgomery especially has suffered from their libels
and has tried to take it in stride. But the effect of the con-
stant news media misrepresentations of what goes on in
Montgomery and in Alabama has been of great damage to
this region.
So that this verdict—large by normal standards in dam-
age suits—is a mere bagatelle when compared with the
total injury to Montgomery caused by wild stories, untrue
dispatches, and deliberately false advertisements appearing
in the eastern newspapers and magazines.
|
2241
To the newspaper profession it is something new to have
to go into a faraway state and defend itself for things it
prints.
That situation would not have arisen and would not have
[fol. 1680] to be faced if the newspapers had confined them-
selves to the truth,
The advertisement in the New York Times which resulted
in the big damage verdict in Montgomery is so palpably
untrue and any competent newspaper man should have
known better than to print such a deliberate libel.
Furthermore, the advertisement was signed by people
who now claim to have known nothing about it. The Ala-
bama Negro preachers whose names were signed to the
libelous publication claimed in their trial that the first
they knew of the matter was when they saw the advertise-
ment with their names attached to it.
All this indicates reckless carelessness of the publica-
tion which characterizes so much of the material pub-
lished in the North about Alabama, Montgomery and the
race issue. News dispatches by the dozen in various news-
papers and magazines, editorials by the score have been
offenders just as this New York Times advertisement was
an offender.
The Times was summoned more than a thousand miles to
Montgomery to answer for its offense. Other newspapers
and magazines face the same prospect.
The only way to prevent such long distance summons is
to print the truth. When they print deliberately or through
carelessness libels against individuals and communities,
untrue stories about men and people they must expect to
answer for them in the courts. And that does not mean
in the courts of their home cities, but in the courts of the
communities where the offense was committed.
Nothing that happened in the days of the New England
fanatical abolitionists, Uncle Tom’s Cabin and Simon Le-
gree, the spleen of Thad Stevens, a race-mixing advocate
who practiced what he preached, was worse than what is
being said today by the extremists regarding Alabama,
Montgomery and other communities of the South. They
have been indicting a whole people in spite of Edmund
Burke’s assertion that you cannot indict a whole people.
iv
\yv
2242
If the Montgomery verdict has the effect of causing an
inventory, a re-survey of policy, and study of the violations
of law and decency they and their correspondents have
[fol. 1681] been committing, the verdict will have served
a good purpose not only to The New York Times but to
all others who have been even more offensive offenders
than has The Times.
Derenpant’s Exurerr No. 159
(One Roll of Film, offered to the proposed testimony of
Lee Allan Ford, is uncopiable and in compliance with Title
7, Seetion 827 (1), will be attached to this Record as a
part thereof and certified to by the Clerk of the Circuit
Court.)
Derenpant’s Exursrr No. 160
Judge Walter B. Jones, presiding over the libel suit
against The New York Times and four Negro leaders
brought by Montgomery Commissioner of Public Affairs,
L. B. Sullivan, charged the twelve man jury today to weigh
the case on the basis of the evidence, and delivered to
them written charges outlining the law that the jury must
be shown to their reasonable satisfaction that the charges
that The Times advertisement seeking funds for the legal
defense of Martin Luther King, Jr. contained false and
defamatory matter and implied improper conduct. And
also to their reasonable satisfaction that the advertisement
was directed at him individually.
Following the Judge’s charges to the jury, the three sets
of attorneys in the ease also asked the Judge to approve
another series of charges to the jury, which was done, and
then the jury retired to their Chambers to deliberate the
matter.
[fol. 1682] Their decision could be for Sullivan against
The Times and the four Negroes, against The Times but not
the Negroes, or against Sullivan. But in any case is sure to
set an example for similar cases filed by Commissioner
uv
es
Frank Parks, and Mayor Earl James, these cases still
to be tried.
Earlier today, Attorneys for both sides made their sum-
mary arguments to the jury in the $500,000 libel brought
against The New York Times and four Negro leaders whose
names were used in the advertisement. ;
Attorneys for Public Affairs Commissioner L. B. Sulli-
van told the jury, newspapers have got to print the truth,
let’s hit them in the pocketbook. That is something they
can understand. That is something that will stop them
from printing lies. . ‘
Maintaining that the four Negro leaders did not sign the
ad, and that their names were used without their consent,
Negro attorney Fred Gray asked the jury, “How can you
retract something, when you haven’t Tracked it in the
first place?”
2243
[fol. 1682a] Reporter’s and Clerks’ Certificates to fore-
going transcript (omitted in printing).
