page count 50 pages
TRANSCRIPT
PAGE COUNT OF 50 PAGES
(jJ, 1-J-f Congretational Church possess a microphone
audio . . systes7 . .
told Vr. Stroud that
- a to Rev. Templeton on that occasion on t h a t Saturday?
Q And you an8 Rev. TcKrpleton talked ahout people shoot-
ing i n t o t h e church, d i d pou no t?
A . Yo, we did not t a l k e a h o ~ ~ t people s:~aot ing into tho
church. Vot t h a t Satur<?ay.
c! D i d Rev. Tenpleton mention to you t h a t people %?ere
shooting i n t o the church?
SOL. JoHldSOT.1: 9b j cc t ion . k ;Jot t h a t Saturclay, no.
Q On Sunday the 7th, Jid he nention t h a t 30 you, .iir?
A ?lo, he d i d not.
>--an<-40nelay ;ltf lA-- minc?itior-tJwi t-- h -:-?
/ 03 flonqar ooe Rev. Tenpleton. Ilev. Tenp1.c-
ton finally left t h e c i t y maybe late Sunday. T .
d i d not see Xev. Templeton an1pore u n t i l ahout a
treck later.
0 D o you recall rrhother or n o t tlmre 1.ras a r?ect ing
of the Board of Trustees of Grcqory Congre ta t ional
- Church on Saturday afternoon, FEbruaxy 5 , 19717 . - . )
L If there had been a meeting I would have called it.
. . -et- g a l l a meeting? 7 $. . .
. ' .
.\ . . w . .
r - - V - e Z l l ' y other menbers of the Board of ~rustees
- . . - &t the church on Saturday when * .
visited?
A iqu; W ~ S mt.
. . .. . ; . a How many nemhers of the Board of Trustees were there I . I
at that time? ,- . %
* . '. 4
I A think about s ix . I'd have to look back in the . ) * I ,. 6- . . . records.
- . 3 . 4 :
, - . . . . . . f -!. Q , .. ' ?je#'further questions. . . : .,,: . . : .:.*-
. . . . .; ;" " 1 . . :, ,* .d. ' ., " a : . ..
- . . . . . . . . . . .*. '
. . . , *..' - -- .* Em, IIUNE~JOL; 3: don't have any questions. . . . . , . - . . . - . -. c . < , ; ,.:: . . . . : 1
< - . . . . . . . . . . . . . - . . . + . . . . I.'- . . '.. .: * 4 . . . - . : : . -; . . . - .
2 - . .b . .
. - . . . . . . . ' .. .t -
'..* ' . .- . .-q . . - ' REDIPZCT ELY~II:4ATIOTJ EY SOL. STROUD : - .
- . ,. . - . - I .
. A Em; 1IU:lCVOL: I will object to anymore questions. .J -
' a - * - , - - There is no cross examination, The State has
' --. . - . . . . . . - . .:.,.. .. :. , passed the w i t n e s s . - .
. . ., * ~ ... -... f
. . . . . . . . . a-, . . . ... ~ . . . . . . I ; '.) l - : . .'.TEE COURT: objection . .. . . - _ .. . . . .
. . . . . . ' {a $ere is Gregory Congretational Church located, please? - , u
~ I R . HU:JEVOL: objcctian.
I - - . TEE COURT : Overruled. . . . . . ,
i 'm , . A It is . . located in the six hundred block of !?un Street.
. , ,
. .
tt And I hand you what has been admitted in to evidence . .
\ * -- .. as State's Exhibit nm3er 6 and I ask you if you - . . . ? -. - , . . .c
t can ident i fy t h a t , please,
. . .: . ,
. . : . .
EIR. FERGUSON: Objection, .......... . . , . .
. I , . .
.C - ., .- :, . . . . . . . . . . . - . . . , . . . . . . , , . ' G . . . . . . . . :. . , , - . . . - . . . . . . . . . . . * . . . . . . ' .
' MR, XUXEVOL: Objection. . . A- , -..;.. • .. ... . _ ' . . 7
. ' . . , , . . . . . .
,.-<*.u, . . . * - .. , . . . . , 5 ' L .. . . . .
, .. : . :. ' . . . .
r -
I& .~..... 1C This i s the Gtegory Congregational Church. and * * L
this is the church parsonage next door.
0 Would yo; show that photograpfl t o the jury, please?
?3R, EUNEVOL: Objection. I
THE COURT:
ell- ' p. Would you show it to tfic defense table, paease?
Nour, ;fr. Butler, Rev. Templeton was married. Is
that correct?
$IR, BECTON: Object. '.
THE COURT: Overruled.
A Me was.
Q And his w i f e livoG w i t h him?
:-GI. FERGVSOPI : Ob jee tion. . . . " . . .. I . . . . . . ~'
MR. IiUT.E'VOL: ~bjectio?l. . . . . . . . . . , -. * . . . . . ., ..=, THE COURT: Overruled. I
. A. she did. ' . Z J .tr _ . . I
.- - Q ' Ira3 she employed?
. MR. !!UIJEVOL: Objection. . . .
6--
MR. FERGUSON : OS jection. - t i
TEE COCRT : overru~eci ( S ~ ~ I I Z ~ J hi, -. + 3 -
A She was .in flevr lIanover 3 I e m o r i a l nospita1 as a . ' a.
eegistered nurse. d
- Q Is Rev. Templeton still the pastor at your church? ' - . *
- , MR. FERGUSOIT: Object. . . MR. RWTEVOL: Opject.
k No, h e i s n o t . , .
SOL., STROUD: I have no further questions.
TIE OUST : Anything fu r the r?
MR. BALTA?ICE: Move to s t r i k e .
TIE COURT : Yotion denied. (bi:rP --- >. *
t?R. BECm023 :
now pastor of a church in :le:,q
Jersey, i-7
L S n r ~ d . JJ aar r - d
0. -now the Chairman of the noard of Trustees3
sb-not.
Nothing further.
I4R. IiU?EVOL: No question, your Honor.
SOL. STROUD: l a y this witness be excused?
TIIE COURT: Yes,sir.
SOL. STROUD: :.lay we approach the bench?
c .GV.- (Conferench at the bench.)
THE COURT: Members of the jury, it is almost
5 o'clock, IZe ' 11 take . a recess uhtil t onoxrow
morning at 9 : 30. L e t me caution you aca in not
to disc11.s~ this case w i t h anyone nor allow
anyone to discuss it with you or in your pre- - . . . . .
sence, Do not discuss it among yourselves
until after a l l the evidence is in, the c%arqe
of the Court to the jury, and you have the matter
for your deliberation, If anyone should at-
tempt to iliscuss t h i s case w i t h you t e l l Lhen
you are on the jury and you cannot t a l k w i t h
them about it, If they insist ahout talking
to you about: it or talkinqinq in your presence
about these cases, take their nanes and bring
it to the Court's a t t e n t i o n first t h i n g in
the morning. I would ask you no t to ta lk to
any member of :Tour family about it, I i n s t r u c t
you that you are again cautioned not to rea3,
view or listen to any reports in the ?reas,
radio or television ahoat this t r i a l if such . should appear. rlembers of the jury, you go
now and cone back at 9 : 3 0 tornorrow narning,
L e t me again ask you not to l i n g e r in t h e
hallways or on t3c grounzs as you go a n l came
from the courthouse, but go nov immediately . .
' -+ . - . - - - - -* . - -. ' to your d s t i n a t i o n an8 come back to the jury-
mom when you return in the morning. +
. ,
(The jury retired from the courtroon.) - c - -.T
-., . I - f - $ -
* . . , In. ITRGUSO.?: Your Ronor, there are some matters r- c . :. .+ - : a , : . - we'd like to get to. t?e object to the testi- ; .'
.t = money of sev&al witnesses w3o wcrc called
t ,..." a
to the stand torlay, namelp, ?lr. Fred smith,
Mrs. Mary Rebecca Vatts, ?IT. T. D. Love anC
!&. VTilliafl 8 - Rutler , Jr.. A t the outset
of tho case, if your llonor please, we inquired
of the State who t ! ~ e State's vritnesses
would be. This was before tt1e trial as long
ago as June of this year. inquired of t\e
State ho8 f i l e3 a motion to the eifect we
have disc losure of witnesses and aimgar)' of
their t e s t i~ .ony . The State (rave us a L i s t of
witnesses at t h a t tire. That l i s t did not
include any oi the witnesses that I na~ec l .
lit the outset of this trial the State again . advised who i ts witnesses would be.
to the jury on several occasions a l i s t of
potential witnesses for the State. None of
these witness's nanes appear on t h a t list.
This morning, I believe before Court convened,
Nt. STroud adviser1 us that he would be ca l l -
ing sow additional people tonay. As I re-
call he advised that he would be calling ttr.
Butler and ?.?rs. Decker and Pflxs. ;-lcReithan
and W s . Jackson. And again I am goin9 by
recollection. I da not recall h i m advising
that he was going to c a l l Nrs. # a t t s , !ir. Smith
and I do not beeleve he cal led !tr. ~ o v e ' s n a m .
He could have. But the point is Yr. Zoua
stated t h a t he talked ta tbe police about.
t3is mt&er about three weeks after it hap-
penec?. rks . llatts s t a t e d that she talked to
the police the niq ' l t t h a t this inc iden t odcurrecl.
Fxs . Decker s ta ted t h a t she had tal!.-.ec! to 31r.
Stroud I believe approxixatel:? three ?leeks
ago about this matter. Xr. Rutler has stated
t h a t he talkecl wi th the police and National
Guardsrl~en on Xonday, February P , 1971, So
that the names of these persons and t5cir
potential as witnesses was clearly known to * .
the S t a t e hot11 at the t ine w e i n i t i a l l y made
our request notion and long prior to today,
and the State d i d n o t - o n any occasion advise
us that these persons u?oald be appearing for
the State. Therefore, tre have been h a n ~ e r e l
in t3e pt2paration of the case, preparing t h o
defense. ::o have been f u r t h e r haz~ered in
our examination of t he jurors because we w e r e
not in a position to *iry the j u r y racjar1:Iinq
any of tlraso vitnesses far the S t a t e . And
for that reason we object to their testinon-y,
and we move to n t r i k e a11 of t>eir testinony.
and ad5itionally for the reason t h a t the tes t i -
mony of >!rs. F p J a t t s I&. S~?:nfth, was totally
irrelevant a d ?re j i,vliciaT to t!ie char~cts
against the clcfenriilnts i n this act ion . T7e
would again at this point nney:T our notion
to stroke t5r! t.estimony of a l l of the *.-?it-
nesses t i l a t listc:? and3 ~ o u l d fur ther :2DVC?
thz Court for a m i n k r i a l 3ascd on t h e 3Ss
reason.
EL!?. I:U::EVOL: ?Ia:r it please t h e C o l r r t , I :.?ill
j o i n !-TI. Fcrguoon in t h t notinn a ~ i ? say t h a t I
van never even privately infomed by :!r. Stroud
or anyone in his office as to any witnesses
v110 night appear today. I was w a r e of the
fact, h o ~ ~ ~ c v n r , t l r a t :lr . i:eiao would anpcar
--', . *. -- . .. . at sometime during t?lc course of t h e trial. .. .
. - I d r i l l also make a further notion, your t:onor,
at this tine for nonsuit. I believe that the
. State of :-Torf.l Carolina realizes, ant1 I an
informed privately by the State of North Car-
SOL. STilOVD: Xe object to anythinq he says
he %as i;een informer1 r>rivately about.
TIE XIOUZT: Yes.
!m. ~ U ? ~ E v O l , : 0 K. 1 Believe t h a t t'he State
of Borth Carolina outside of the testinony of
Allen Eall who alleges t b a t ny c l i e n t m a d e a
one sentence cor.ur.entar:r in t he f u t u r e arrd future
perfect tense in rolponse to a purports-' an-
nouncenent 13-y !?ev. Ben j a n i n Chavis . I believe
as a matter of 1a;r is not z i l i f f i c ien t to go to
the jury. It is 1.1n3.erntanding thai; t:le
S t a t e of :?art!! C a r o l i n a ha3 no nnrc evi".ence
which w o u l d inc l i cn to tha t ny c l i e n t is guilty
of any crime v?~atsoever. A l l of tile ~ + i t n e s o e s
who are coning up here I believe are not corro-
roborating vhaf 31r. nall saiil last wock. I
believe that the effect, the cornlxined effect
of their tcstinnny is !lighly preju3icial and
is not automatically weighed by any probative
value that it could possibly hav2. I feel - .
t h a t in l i g h t of the fact t h a t I informed the
Court before this t r i a l commenced t h a t my client
was scheduled for an operation on October 2nd - . .
That schedule had been altered - she is pre-
sently scheduled to he admitted to Yew IIanover
Nernoxial Tlospital on October 18. Eer physcian
suswcts t h a t she has a cancerous g r o r t ' ~ in
the cervix. There is some urgency a!-?out t3is
sort of thing. And in liqht of a l l of t5is, /
your nonor, I think t ' lat you shooulcl n o n s u i t
the case against Ann Shephard.
SOL. STROUD: Your ITonor, just a couple of re-
marks. First, w i t h rei~ard to v h a t '!r. Ferguson
has referred to ahou t not k i n g n o t i f i e f ? a3out
w h a t the State's .;7i tneszes are qoiqq. to be,
let me make this o!>servation. In a case of
this nature the investigation continues. X!le
investigation docsn' t stop when t71e t r i a l he-
gins . I: can assure :4r. FErguson and everyone
else here present t h a t I have been continually ,
involv-;ct vl i t ' n police officers and inves t i c~c l t ing
this case r i q h t un until l a s t n i q h t an<? tlp
until to8ay for that matter. I t o l d :4r. Fer-
guson sometine ago t h a t anytine I hecamc aware
of a witness t ! ~ a t was going to tes t i fy for the
State I would l e t h i m know it. I gave i r i ~ a
l i s t of the witnesses at that tine of the . , . . .
people who I thought would be appearing for the
State and what sore of t h e i r testimony would
be. I informe2 'lr. Ferquson this morning 3efore
court opened as to what witnesses vrould be
t e s t i f y i n 9 here today , an3 I was tr-{ing at that
tine to inform h i m as to essentially w h a t each
would testify to w5cn court opned a n d w e
could not continue our canversation. Xr.
Iiunevol Wac, not informcd of these witnesses
f o r today because !It. I!unevol ~ a s n ' t here when
I was t a l k i n q w i t h I r r . FErgllson. Tlc e~as not
in the courthous~? or at l e a s t not ur, here
where I coulrl sea hin and get h i s a t t e n t i o n .
:?ow sorno of these witnesses, yaw I!onor, for
example Urn. decker,)^ you know. t h e State
cannot determine from one tive to the next
exactly v~!lut i t is goin7 to do. 1 11a.d ~ ~ ~ ? c c c I .,
to Wrs. Decker i,efora , hut it was not until .
late last evening that I decided I v~ould use
here as a witness. I infome?] !fr. Ferguson
of that this morning. With reqaxd to ?!rs.
Watts, I interviewed her for the first tine
last evening about 8 o'cloc': an? asked ller if
she would a?pear as a w i t n e s s today, and she
said w h e woul:?. W i t ! ! regard to FAther Jones,
they were aware t h a t he was qoinq to testify.
Wit5 regard to :Ir. Butler, did not mako the
clecision u n t i l . this afternoon that f w n n l r l
call h i n as a vritness, an:? he w a s called this
a€ ternoon. reqarc! to I,:r. Sni th , f i r s t
time I intcrviev?sd h i m vas at lunch today, and
be testif ie:: r i c ~ h t after t ha t . Soias I say,
the i n v ~ s t i q a t i o n is cont inr l inq. I will in-
for9 ;".r. Farc~uson and the Gefensa zounscl as
best 1 can wb:o t l ~ e people are Y>I!IO r?i!.t ' 7 5
t e s t i f y i n n . Ity investirjatio1.1 - ( r i l l continue
t o n i g h t and in the morning. As soon as I get
kerc I w i l l inform t h e m of tsho i5 7olnq to
t e s t i f y for the Stata and e. ;r ,cntial ly w h a t t h e y
are going to t e s t i f y to. There &as heen no
attemnt bn the par t of the S t a t e to disclose
anything or hold anyt5ing hack Eron the dc-
fcndants. With rcqard to Yr. ITuncvol's last
motion for nonsuit, I have no comnents.
TEE COURT: !lotion of the defenc?ants w h i c h !4r.
Ferguson represents to strj -kc t h e testinony,
is that what it was?
MR. FERGUSOIJ: Yes,
TEE COURT: Is
for m i s t r i a l is denj
Hunevol is
(The 4 Cou-.t recess at 5 : 0 7 P :<I.)
October 5, 1972
TIIE COURT: Call the jury in.
(The j u ~ l came i n t o the j-lr;~hon.)
T T "x. Solicitor, c a l l your next wi tness .
duly svorn, tastif ied as f ollot:!s :
+--- 0 ; - - 3 ~ ~ t , b q ~ nape k ~ . ~ > f , D u x = t ~ + & k a e r , sir? v
All my l i fe . a>
-i;
p/ In Februar.1 of 1971 2 dig operate a business in
m s , d * : T &id.
2 O,.c-m+>&t was a nrocery store] / . '- /J ?.like ' s Neighborhood G r o c e q r an,l ' farket.
-r i ,,9 ..> the "tor& located in February of 1971 c
J .."& . -.,.----- ..,A- c . _ + e a ~ 2 \ 1' /-
t?-7 L& I( - $th and Ann, corner of 6th an3 ?inn. /'
W e e l l the building is one o l d building h o i l t Sack
in nine hunrlrerl. It was a store b u i l d i n s . It was
occupants upstairs and r?orml;tairn was a huaincss.
5' Apar+nent rooning house u?c,tair3=
... . A Gvnsta2rs+vd -3: , 'G
/ Grocery store.
It was a wood buildin!!. , . +*
,- . _ . occunicr: , A\ FTPI~ i t ' - ovcr.12 s o ~ e years, 12 or 13 vcars. .,
*IL.C' Or rather I was.
A--
8 >low you say "downstairs" . I . T E ~ ~ a qroc~ry business.
h%at d i d yon ]lave downstairs there? iYoul8 yon ?e-
scri.!jc what you haci on the i n s i d e ?
A Well :-re had all kind;; of ?)everage, meats, qroccries,
sanc3?ichen, crackc?rs, nabs . t k t i n r ~ s like t h a t t qrocer*?
store. Cverythhq you wanted was in t!~cre.
7 k ? e l l I had a hran,l new hox I purchased j u s t ahout a
year hcfore I burned out. It was about 4 or 5
thousand dollars. I ha3 an ice !.,ox, heer ))ox anil
neat box and drink hox, ice cream boxes, macliine,
register, anything that you o~erate a grocery store
was in there. - -
a
*.
-x1 i,, #%LC'
&-fl Well a house lmhind hy buildinq and t he l a d y :lad 4-- /'
her house behind I Z ~ bui l f l inq.
0 . On Ann Street side of your building di4 you have a
garage back there?
XI€. FERGUSOIJ: I object to the leading. , I
THE COGRT : Overrulecl . i A Yes, sir; I have a garage, yes .
T~~T~xs=*
Jtr' Well it is a Tarage wlzere you can prlt your car.
A. >Jell there was a kitchen, tdlatever you c a l l it,
It w a s a garage t hc re in the hacl: yar:?. :'Jext to
t he garage, where ths qaragc is I h u i l t room or
whatever you call it you put r.lirinlc bot t les thcre.
9 F7ould you look at the diagram behind you, please,
s ir , and familiarize yourself w i t h it?
R Yes, I do.
Q Are you familiar w i t h it nor? Can you point out
there--in that diagram w h e r ~ your store located?
There is a yardstick r i g h t beside you.
A ( ~ o i n t i n g ) Is this '5th Street or 6th Street?
0 at t?lc hotton. a
0 Would you show where your garage would be on tha t ,
please, sir?
A Garage was r i g h t up here.
p. Vas it behind your store? .
.4. On the [lout? 5th Street side, yes. Garaqe. was right
here.
p. And what was next to your store on 6th Street?
R Well i t w a s the yard near my house. This house
was n i n e r i g h t t5ere.
3k-e i-C .'* wn agaIn.
(Witness returns to witnsn~ stand.)
0 :low I will point yon to this diaqram over here
behind you there. Can you t e l l what t h e t is?
/
+ 1 s &at the w a y &?stare looked prior to FeSruary w l
A 4 - c u - 5 .
0 If you will t u r n hat:: arol~nrl. EOVI the house next
to your tore t h a t yolr say you o~rnocl, r tha t type of
house was that?
A. It is a wood house. It is one story holouse.
4 owned t h a t ho~uc?
L
K 7 ,
& +a.
Q 2 1 0 ~ long had you owned the house?
L f7e l l Idon ' t renemberr ighto f f i~and . . 1 I : n o w I
had it 5 or 6 years. X don' t know tht? d a t e s . ',
t In ~ellruary of livinq in t h a t hounc?)
A- ,-,, -
y, M. 'i
A- Do you see !ler here in the sourtroo~.?
R i g i l t over there , the lady in t'le ?lasses.
0 A -
'* 'czon living i n tl;nt 'rouse, CF- U w - + a + l ' sne A . _-. /
Q. - vz j u s t owned thc b ~ i l i n z
-7k vlzn ~vory tk l iny got C!~stSroyef~.
e . d J a U ! 474 -s,i rlo recall Saturday r a r n i n q ,
February thc Cth, 19717
I m i q h t not remen5er a l l of it, but I
do remember a f e w t 3 i n g s . 4 A, * t.! + On that SaturCay morning A d i d garr go to ywr Z storcl
d .
in that neighborhood at t h a t tifie?
R-&b,-Tj.'f.
Q . 30 you recal l &out v ~ h a t ti-e it was v~hen you went
to your storc Saturday norninq?
A It was arollnd R o'clocb.: 8 : 30. I don't remenher;
mayhe 9 o'clock.
p D i d you have occasion to qo upstairs in your store
- r3? in yo:= building t;.c
A. I nevar s e n t ups ta ir s , b u t at the prescnt t i m e I
had went upstairs. '2% place was :rid2 open, an3
hhey hall bonhs up t!lore thro:?ing From t k o windo~:l,
and I j u s t went out t3cre to see >:hat ha~pcned .
~ - Y ~ - - ~ + ~
,-v-.
Q Where d i d you qo upstairs?
A (Points on dia f~ tam) I went r i q h t hack here. T h e r e
was a room un here an? a fellovr was livinq 1wcl.c
t?lcre, and I just v e n t there up to see what happened.
AS X come in this window was busted un. Kerosene
. . . was a l l over the frame of the window here, and there
was a coca cola battle i n here i n t h i s winr;aw on
the floor 1 th ink . i -
MR. FERGUSON: Objection. . .
A It was burned. . - THE COURT: Sustainc5.
A Somebody put out. f don't know what happened.
O. The bottle had been what?
, . A I V e l l it has been lit because you can see it where
he left it on the floor.
"- .- You could see kerosene or whatever it was from the
window down, you knot?, upstairs when the bottle
f e l l on the f loor . . .
Q Was the bottle scorches?
Yu~, HU:3CTJOL: Ol>jection. f-\
TEE COURT: Overruled.k-+ip-/~?-t:,1 f w d , -*
MR- IlbPTEVOI;: ?love to strike,
) TKE COURT: Motion denied. (%-G fh!, -1
What, if anything, was in that room at t h a t time?
A Well there was a bod, and it was cabinet where thc
man put his clothes. There bras a fellow livmng
there at t h a t time, but at the present time he don't
. . stay there. 3 or 4 days he went to h i s frienrl's house.
. .
d There was an o l d f e l l o r r used to live upstairs.
> Ee is dead. nis name was Richard Keen.
lie lived up in that r a o m P
-,-&+!.
Q Was he l i v i n g in that room on that Friclay n i g h t ?
MR. IIEW37OL : Object ion,.
THE COU3T:
A 110, sir ,
Q Where was he,, if you knoer?
MR. FIUtJL37OL : OS
TfiE COUR'f :
4. I think that: v?eeke:~d it was o l i t t l e c o l d . 1 don't:
remerrlber, It t.ras February, and ups ta i r s he didn't
have no heat. I:e was a f c l l o ~ didn't have much
money to get a big room, I give hin a place to
stay. mere it would turn cold he had a fr iend
"re to 2 or 3 houses from my place so he went: th-
spend the nights w3en it was c o l d .
Q Wl.lat d i d you observe about the when you cans
into the room that morning?
MR. BU:JEVOL: Objection, $
/ ~ ' ' ' 4 :C t t r r , TIE C0L.T: Overruled. i . I
A Well tile windows was broke. The glasses was inside ,
the building. The screen was torn. - . .- -
0 Was there any other damage in the r o o m i t se l f that -1
. - _
.. _.- you could see? . .
, A
M E l , fImtPVOL: Objectio . t I
r&'zLcr TEE COUXT: 0vesrule:l.
A. Veil the form i t was only t h a t - Q Repeat what you said about the corner.
A T h i s corner of the huilcling at the present time
you talk u ~ s t a i r s , now dovrnstairs. A 1 1 the winriows
w3s bro!ren, and the door was w i d e open.
g That Saturcla-,r morning?
R Yes , s ir .
!?. If you t z i l l , t u r n back around and Eacc the nicxo-
phone. Please keep your voice up so that all of
us can hoax you and so this lady can get down what
you are saying . vow long d i d you s t a y at your store
on that Saturday if you recall?
A I dJ<'.ni t stay too long. I: t ! ~ i n k I left around
12"3t7 or 1 o'clock.
a Q.
n the ~ o r n i n g diCl pa-!lava occasion to l@ok / I
down in the area of 6th and . Xun . Street?
Well I see a lot of motion that was going on.
People was crossing the street, you know, back and
forth, and I - to be frank w i t h you - all the glasses
and th inf f s in inside the building was t o r n dot-rn.
I j u s t left . I couldn A ' t stood it ar.y longer. 4
The people that yeu saw down at 6th ant ?Tun Street, /'--
de -mm? /-"'=- t, ~~~1 couldn't describe t5e people, but it was
, grown people. Of course, I see them when they were
moving, but I couldn't poin t nobody 5ecause I di8n't
see nobody.
8 I understand. Did you observe anythin7 in t h e i r
possession?
MR. 5ATALATiCE : 011 jection to the leazing .* e 1 i
THE: CO'~TRT : Overru l e c l . / ), . , .. .-
A. 1 don't kno1.1. Look like to ~".e somebody vras carryinq
s t i c k s : broom handles, I don't lrnow.
MR. BALLAXCE: Object: move to s t r i k e ,
TEE COURT: Ol~jecton ovsrrulccl; motion t o strike -
d e n i e d . -7,
A I coulclnlt tell. what it was. People ware walking
back and forth.
~~. BnLAIqCE: Objection. , 1 - -
TUE COT.%!? : Overruled.
MR. RALTJ'CJCE : !lave to strite.
TXE COURT: ? b t i 0 n to s t r i k e denied. p,$", .-f&p -, L jw * -)
Q mat happened to your store, :lr. Poulos?
h 'ire11 t h a t afternooq - r\*cll I went home, and vxhen I
went hone I ?on't know - t h a t night it ?*as around
11:3F. I, watched the T V w i t h ny family, and I
saw s o ~ ~ c t ' l i n ~ came up t h a t the buildin9 was on f i re .
A. So I saw ny building on f i n , and I diL'n' t rncoqnize
it.
?4R. E.ALLA:iCE : Oh j e c t i o n .
TIlE COi'XT: O!,jecticn to imat Ac sav nn toleviaion
is sustainc:?.
FIR, BAI,LAlfCE: Fio~rc to strike.
r-l -- d.li~-> COURT : :?otiorr to s t r i k e is af lov~er?. ,
C'. As the r e s u l t of w h a t you saw on television w h a t
did you do?
A You know, I tn?.d IF^ wife, I s a i A , "SomeSofly's gettinq
burned up."
:-IR. BALLATTCE: Objec t ion
k I don't know it was mine.
TEE COURT: Objection sustained,
I saw Lhe corner of t3e building and I ju~pecl out.
&iy nerves went - you know, I felt kind of bad the way - . .
MR. BAT,LhhJCE: Objection; motion to strike. . . . . ,.
W E E COURT: Flation to s t r i k e is allo?~ed as to
what he t o l d his w i f e ,
A I took my car. Snmebo:ty ha? called file at t : ~ c house,
said, "You know yolm bui ld ing is done burned to the
ground? "
3R. BALLXICR : Oh j ection . THE COURT: Objection sustained as to w h a t he
was t o l d ,
h f recognized the lace a f t e r t h a t .
MR. BALLX;CE: ?<@tion to s t r i k e .
TEE COURT: !otio'l to s t r i k e is allo~.re;i.
Q. As the resnlt of what ~o:~cone told you, v h a t f-licl
you do?
A tlell I w e n t in my k i t chen aqd took a g l a s s of w a t e r ,
you know, to try to qct nlyself together. . Q' u1-f.0..
A v , I went up there. I took my car and tried to
go to oee the place there, and they cane in. They
had it Iblockelt, barricaded. I went t h r o u ~ h 4th
Street. I th ink I got to 4th and Ann Street when
. I saw the flares up. Everything was red, lit up
back there. So that is as far an I went with it.
I starten to go there, but they vere blockcrl and
rlosed the Street so nobody could 90 in. 3 On that saturdty
have- cars there m. 0. at yuyr store?
4
CL rn - + ? T P ~ Incz&e& ' ?
4 f Well one was right here in thh qarage an3 one parked
in the front of the store. &11 of t h e m got destroyed
right up here rrhore the garage "as right here i n this
little a l l e Sack here. +- w g There was 4 a car in t5e garage?
-i- . . . It ?;as in front of the door
of t3e garage.
Q-E--' here was t!Lc otflel L&
JW The other car was riq9t Llonq this line hers. It
was a Plymouth, and t h e ot7lor was a Chrysler i n s i d e
the gate. Of course, they were o l d cars,
years old, hut it was cars there. o d d
-&e of tho cats n a s ta t ion v?agona
A * i e ~ , srr.
-1157-
The station wagon was right in t h i s nriveumy right
in t%is back of tho other car. (Indicatins)
0 NOW the next morning on Sunday norninq Bid you c - g
have occasion to qo i n t o the area of your store
there?
A We11 since - MR. DALWKCF: Objection.
MR. IfUNEVOL: Objection. I 1 t ,c:, -, ,
COUx\T ; mcrrulan,
A I wanted to go in and see what wan left, what danage
had been done so I went. f w e n t Sundhy morning
around 8 o'clock.
-. ~~~ )( tiell the building u~as ,%th t l te builAings was danaqed.
~t was completely tTestro.~erl, the ~iRlolr? huilcl ing.
'4; -Par:ion;/
The w h o l o corner of t h e 1j:liLdinq an2 evfrl.'t:linrl
was destroyed.
tg als-hfi r a t r,?
- The cars was burned, not corzi~letel.? to the rjroun:l,
but they couldn't be run.
Q Did you see any other burnzd buildings there?
c / 33. E X L N I C E : Objection. j +d:.Ti&. /.i::, --I A Y e s , I have.
w Where were they?
p/ Well they was - t h i s house right here (Tndicating)
was comletely gone and the house next to it is a
green house. The wall on that building vras, the
paint and everything, ti was damagect, too. So
t h i s house r i g h t here was clean out ca~plete l -1 .
Q HOW about the housq t h a t you owned?
A This, t h i s ar.d this ( i n d i c a t i n q ) ryas gone and part
of this buil;'.inq here was gon.
9- i ~ou lok , I hand you what has heen adnitte? i n t o
eviclence as State's Ex'liSit numl~er " 3 0 " anct ask
you to look at that,
21 Yes, sir,
v4' Can yecr i d e n t i f y that7
k yes, I can.
>-) This is ~y store and t h e house I used to - or.7~. ----/- t-- --------- -
Y ~ f t c r it was burned?
-r3, srf-r.
0 Can you p o i n t out on there tile fourth house t'lat
. you ware t a l k i n g ahout that was rlamagcd? * .
A (Painting) Right hero on left-
Will you point that?
And the house on my rigllt, both of tl~en.
Would you point those houses o u t to the jury, please?
This is the house on my left wan destroyed. This
is the second house on Ann Street. I think the house - I t e l l the nine who the house is if you want nc to.
That is all. right.
One on my house and one on ny right an(; I th ink a
church across the s t ree t got f lare up, too.
THZ couw : Overruler?. d9;c, -," 2): '/.
Y - t h a t photograph shov t'le r a y . ~ r store looked . h i 2;: !,-P
or the rernairr$b;$ow stor-o looked on t ! ~ a t Sunrlay nnrn-- f) .:
d+ ing vhen ycru went l3y there?
. I L Y s - , - e x
? 0 , :h. P O U ~ O S , ::~?.r'.ron you \ r en t there on Snn-!ay
morning to see your s tore , is there anythinrj else
t h a t you o?)serverl about the storo or the romaine
at that tine?
A Elo, sir.
Q Were the remains still burninq?
MR. DALI,AYCE ; 01, j cct to leac?ing.
TI1E COTJT?T : Qvcxruled . A. Xell it was sti l l smolinq. whatcvnr was on the ground.
That is a l l that was there, C few burning logs or .-
wood. whatever you c a l l it.
Q And can you estimate what your loss was as a result
of the fire? . .
A Yes, 1 can- .. . . .
. . . . , MR. FERGUSON: Object. .- . . .
; , ThT COURT: Overruled.
h%at was your loss?
A. 1 can't tell you right oifhand. It was over Forty
Thousand Dollars,
t ?
A That includes ny automobiles, the store, the f ix-
tures, the s tock, & the building, the house next door,
the garage and my furniture upstairs.
MR. FCRGUSON: :lotion to strike.
. TliE COURT; Plotion denied
Q Elow, 74r. Poulos, Suring t h a t week Sefore Saturday,
had there been any otRer damage to your store? . .. 4
i XR. FERGUSOY: Ohjoction. , . . . . . . .: I . . .
' " 'MR. ..aur.rl?vQL : Objection. .. , . - . , .,. -. . . :.. ' . , . . TIIE COURT: Overrulerl.
' . , - I_ ._ . .
(U. : . I $ 6 ~ ~ A i d ,
. > . .; .?!* . . ,
. . - . A. No, sir.
d . Q You had no damage on Thursday or Friday?
. . I
L.
t4R. FERGUSOX: Objection, your Honor.
. , . ' MR. KUrZEVOL: Objection.
. THE COURT: Ovcrrulcfi.
A You say the week previously. I misunderstood you. * . a - . . I am sorry. . . . .
I - a- What f meant to say, Mr. Poulos, was t h a t Wednesday,
.- .. . Thursday or Friday did you have any danage at your
. .' ) . ' store before it burned an Saturday?
A Yes, sir; X have.
MR. FEXGUSO7I : 05 j ec tion, 1 . *
THE COURT: Overruled.
Q. FJould you describe when it was and what it ?as,
please?
MR. FERGUROFI: Object.
THE COL-T: Overruled.
A. I don't remer-i>cr t :~e .?ate. I knov it wz.s Thurs3ay.
Somebody.
I . T i : 313 j ectioo to w h a t soneborly did
A. I had been informer1 by the Police Department t h a t
sor~cbody they f i n d - say buil2ing - 1iR. FEIIGUSOIJ: Objection.
THE COURT: Sustainc3.
Q Don't testify what soncone t o l d you, Just answer
ny question.
A Tiley had to13 me the b l i l d i n g was on fire.
MR. EIALTA:!CE: Objection; move to s t r i k e .
TEE COURT: :.lotion to s tr ike is allofrser?.
SOL. STROUD: I with?ratr the question, your ITonor. , . ,
0. Now, r4r. . ~ o u l a s , . after this did you rebuild your . .
, . . store?. ' - ,.
NI. 'FERGUSO:~: Ob jcction.
TE:E COUItT: . . Objection susta ined.
A No.
MR. FERCUSOiJ: Ob jcctbn.
THE COURT: '-?otion to s t r ike is allotqed . Yen-
bers of t!-\e jury, you * ; f i l l not crsnsiser t5e l a s t
answer of this witness.
A I dirln' t have no th ing to move.
".IR, 3ALLA7JCC: Unjection.
Q A r e you in business 301~3
TIIE COUIZT: Objection sus ta ined ,
SOL. STROLJD: 1 have no f n r t h c r questions of
this witness, your gonor. Tender A i m for
cross examination.
CROSS Ex~F~IIWATIC)rl BY MR. RAT4LANCE :
Pr -c, .u. %:gh . the 5th of February, 1 3 7 1 , - F f k w
I, lived at Sunset Park. - $ ..- . 'l?.T;..>
01 7 living there on the Gth of February
also, lL-I h m ~ been l i v i n g there f o r 7 Or
@I: '? ,,t to yoq' v store i - f r r3h?~~* + ~ ~ t i * d
on the Saturday morning?
Q 6th of February? A t t?le time you l e f t your store
can you t e l l us whether or n o t you i o c k ~ d your. store?
* - I" .* '~E.~~-~Du U
A Well I didn't l o v e heavy l ock . It was the lock
repair lock what yon call it i n the door.
The repa5r lock was on the tJ0013
or a&' lock working?
/1 n.
/ Well it was one of those big heavy l o c k s , jus t a
',tx0;2 & Require a key to open it)-
. . MttP said, 7 h-1 iava- that yef windows were
broken?
Ct w a t u p s t W n ~ t a i r s 7
Yoost of t h e m was downstairs. All these glasica here,
' the door glasses was gone,
0. Mr. Poulos, on Saturday morn i r l~ d i d you have an.;'
bars or screens at t\c winCows or dosrs of your
store un there?
il Upstairs I didn't have no bars. of collrse, it was
screens h u t no bars.
It was screens upstairs, no hars7
7 - T 4 ,XLd <- A I 3 3 /"I in ---e$i?- earlier testinow tq:lat on
4 ,f.IT.f/ Saturc1a:r niq:lt +pu 3id n o t ?e t to y q r store.
@. ?low qoinq back to Saturday norni!!'! when you vcrc at
the store can yon tell us tlla contl. i t ion of yoyr lock
at that tin2 vhen you arriveii?
A- . . A -* driq?.
-3 T e s , m f t r i l e n y e a ~ ~ ~ - f i * t ~ ~ r ! ~ I a . v ~ .
IL' -m-n.
e- . 7 .
A The door ~ v a s open. And I corllc? see somobody haC
used - I could see the buckshots through t h e wall
of t h e f r o n t a n i . .. the door glasses. Everything ura'i
broke, and I found 2 or 3 of those cartriaqes of
s h o t ~ u n on the f loor .
0 Novr l e t me ash you this. Xovr long di! l you renain
at your store on Saturday morning?
A. It was 3 or 4 hours. 5 dont t knob: t h e exact tima.
It w a s a short time, probahVJ 3 hours.
Q. And when you sot realp to leave t e l l us 5o'd 703
secured the door at t h a t time.
h I had pl;'~-:c~o:l. Bail on both s i d e s to thin 4oor
here and here was a qcreen. (fndicatin._;;) :Jot a
bar. It was heny . { i u t y screen 3nre on ?,ot!l of those
windorls anti up here *,+?as pl;fi~~30~l on h ~ t ' l t h 3 .100rz. .--.
9 - . : ha-1 been in husinnsc,
_.* -. " .--
for- T . ? q . m . l ~ ~ a g & n . &
A - -1Whp?37 I? or 1 4 ycars,~~n-~btsi~~z-r . : I
\--? -.., .,+ n n ! J T h-0~1 said t h a t yo^ sold several k i n f i s
;.'i ,f ??
of beverages at -yolw storL?? I;
- -.I Coca Colas, Pepsis, a l l kins of soft dr inks: se l l \ beer to take it out , you knot#.
A
4 . Dir:! +Q++ also se l l wine) - -.
L S o n y r . I mean everything was off prey-iscs, . ... '
8 Mr. Poulos, were you at anytime open for business
. . -- on Saturday morning?
. . .. A Ifell I w e n t t h e r e and a few people hail owed ne samn
mney . Tqey used to pay by' t30 week , and I went in
there. I thoucjllt I'd try to f i x sonc-;;:~ing.so f;
'could collect my money.
0 Did you clean up your store hailding on Saturda-y
mornin??
A I can't clean a l l of it. 1 did t h e b e s t I coulc:
on it. f trie? to pick uy, a ~ P P J - tried to w e e p
up some of it. X c o n l d n ' t do any business.
~ e r i o d . Bccau;e cylasscs \.?as a l l ovnr the place an4
t3e r'oors and t h i n n s , and I r7ir7.n' C, f ~ e 1 like opclninq
a 5us incss I:jccausc if oo~~chocly war-11.2 have qot hurt
in t h e r e , cut h i s foot or m y t h i n q I war; l iable .
. a D i G you t a l k to the police officers aboat the huilz-
i n g and burning of it?
A. v-:_tn+h~~.- - - . - . .
<L 4
Yzs,
A. No, f don't believe I havc.
Q I mean have you up until t3is tine t a l k e d to any
police officers or detectlees?
- . II Well they knew what was going on there. 1 mean,
there had been firclmmhs 2 or 3 n ights . Just about
- it - I knew all about it. I didn't have to tell thm , -,
anything. - . They was the one informed ne w h a t was
happen:-ng. 11 3
"ZY 13n- Q. ' -- -P
-std?i1T%3 have -gaZ1 talkecl to any police officers ,q.w
up until t h i s time i n regard to y $ & r V builbinq?
The only tine I have t a l k e d is w5en I \-lent to - Saturday niqht to the store after tile store ?:as
burnibg. X tried to qo to see v ~ h a t happened. I
saw one or two. I don't rcne~ber. 3 sairl, "They
won't let me go th rouqh . " They t o ld me, "Yotu:
f-* ,p-- 4 . &+ Did =pu at a n y t i r . ~ ta lk to ?:r. Janoo T. S t ~ o u d , t h e
A :do, .I. klam22P-t.
0 n i d yoti t a l k to any firenen or fire ~arohalls about
the store,?
A 0 , s i r 0, excuse mc. t31at <lo you c a l l it? I
think he works for the State C B I. Re came arounl.
They asked nc what happenes.
Q Do you mean S B I?
Well they had a wagon goes around tegting tzhen
the fire is there. He is there to i n~ re s twa te it.
That is t he only one I t a l k to.
@ Do you recall when t h a t was?
A I think par t of it was Thrusday, Friday night.
Was a State truck. lie come and tol? me tho o:tno
the bulliting. I told the SuiS".ing was mine.
D da++*t?
)/ I don't rencnbar w h a t r?ay it as, hour or nothing.
+-&'ox. aktf ie t i m e you t a lked to t3e gentleman t ' la t I.. *" * .-.-- - ---- -,A
you have just Zescgibed, - --.. t h ~ ~ ~ g e ?Jarshal l , you \ ."S "-
-1C.-- -.+ told hi^ t5at -l'dtii'innd baw.,ovcr to the store on
/'-' \ SaDviaay r -orninff , Aid you not?-\.
5 --that aga$&3~.f3e, j-9~- .can--Itear. A t
the t i m e you ta lked to the Flarshall, did you not t e l l
him about your going to the store on SatorZay, what
you found there?
I Eon ' t know. I don't t h i n k I t.li~ve. 17" asl:cc? ne,
and it was the f i r s t day that somebocly asked me,
and ha never come back t'lat 3ay when the thing was
burned or afterward. I really don't renenber any-
/ B u t I imo~.r it was a t ruck in f ron t parked there,
and he asked me if t\is was my building. I said
dt"4.-
4. 3 o - y ~ ~ recall relating to h i m that it w a s $wul V
buildinq?
. I can't renernber hack t h a t
far now.
(1 No fur ther questions,
T I E COURT : f4r. Eunevol ;
NR. EIU:lEvOL: Yo quest ions .
R E D I E C 5 ' ~ > ~ i ~ ~ j , \ T I f ) - * r,.$ S C ) - STROUf3:
8 r k . ~ o u l o o , when yo11 left on t!mt early baturclny
afternoon, ??hen you left thc sto?3c - A Yes, sir.
B And before it was horned that night - when you left
the store t h a t Saturday afternoon, d i d a l l of the
winclows upstairs have screens on them?
t.Yi . BALLA~~ICE : Oh j ec t . TIIF: COURT : Overrulcrl .
0 Lid a l l of the V T ~ ~ ~ O V S upstairs have sceeens on
them?
A Weell some of then have, sir. I don't kncn-7 ex-
cept this one. I don't believe t ? i s one has any
at that . psriod ~ of . , time.
MR. BALU:JCE: Object to w ? m t he believes. -1 '
TEE COURT: Overruled. C
?lothing further.
SOL. STROUD: 30 f u r t h e r questions .
33s . LEIA\ : ~ ? . ! C ! ~ - ~ I ~ i c a l l e d as a w i t n e s s for t h e State,
being Z ~ l y sworn, tcstifie 4 as follorrs :
o r m c ~ z?GZi:,1>~1?1@:: EY SOL. SYROG3:
Nor th Carolin*
-4 O .;in m h ~ 'I~VE! -7- hccn a rcs icl.ent thpre?
/
I<- / About '> !? years.
31)6 South C th Street. '1. ~7 A,'/ -+I 1: 2 -!; Q ' ?-- t-' 'QL ,.A -t,l,-n to Mike's Grocer!
store?
. 4, It was 5 room wood buildin
/-'one story? - 0 d
4 nnn &- had yo* lived in
. I -e+ly. :dayhe 4 or 5 years. I don' t
(I Who lived in the house tribh you?
A yofing man named IIenry T t P-yeS. "p
~AZ+B~+--?--
C,>/ - .:+L-T- r e n t the house froa?
-..--- ..--.---.---- - - ---- 'i- .>PXOE Ilike Po~llos .
. Q ,ow 10, have you known !Ir. .hke Pou los?
A 1 rented frop! hi?? tlte ~ ~ e k or the next ~ree?: after
he bouqht t5e ha:l.se.
Xr. Poulos before t!len2
n, ?-me I didn't have any dealings ' . r i t h him. I j u s t
rent the Building.
O And on Saturday, Fchrrlary the 6th , 1971, what kind
of possessions di.3 you have in your building, in
your hone t!~erc?
h I just had it I u r n i s ? ~ d w i t h all types of furniture
like you use i n a real hone.
9 D i A you have anything else in the hone?
HR. FERGUSOIJ : Oh j e c t i o n . t \
Ovr;tml::- l* i f . . . ----i I. Clothes?
Q. And w e r e Leu at the ?.ouso cn Saturday fchruar:r the
' A. I staye2 there Fri,1a?[ nigi:t, but n o t SattZr(?a?r ni!,ht. -i) - ? :.;. / :,,::.-- ? !
fit caw ;your hocse? w
i; T vent on Red Cross in tho 7 i~ur!f!r?:? ?-:loci<. . I -
PtR. 3ALIM\NCF: OY,jection- i , , . . - ti! 8 ,"-A TlIE COURT: Overrrllec... i
h
Q "hat kind of disturbance?
MR. FERGUS0:I: Objection. r .' I
THE COURT: Overruled.
_n - . .
h , -*
A I j u s t hear gunfiring and wanted to s p e d the n i ~ h t . .. , ,
'< ,.
away from Izome. JP
? . F ' e m w e ?
R r . 4 :'
(1 rrad you heard any before then?
MR. BALLA:?CE: Objection. ! 1
TIIS COURT : Overrulec?.
A Had I heard any during the week?
0 Before t h a t Friday n i ~ ' l t , yes.
k Yes, I did.
0 Over what period of t ine did you hear gunfiring?
1~1R. FI;RGUSC)I.l: abjection.
TEE OUUIZT : Overruled. c;,& ,-,/ t r , -- , I " ' i 1. tiow many nights?
A. A couple of nights hefore Saturday n i g h t .
MR. BAT,L%NCE: Wotion to s t r i k e .
p What was your next door neighbor?
II. FWS. Jackson.
p, xs s e here in t5e courtroom today? F.A
Q Did you return to your house on that late SAturday
night or early Sunday morning?
A. I was back there a l i t t l e after trro t ha t SAtnrclay
n ight .
Q Two o'clock in the morning?
A 14ues.s i t w a s . ~ d i d n ' t k n o w ~ ? ? ~ a t t i n e i t1*aS-
I n g ~ , m u s i r J g at tha t t h e 2 w e - a the building was hurne3 do~tn .
~ n y other hul ld ings burned dam?
: h % R . BALU:ICE : @b j ec t i o n . P . t I
t - 1
TI;!? COUKP: Overruled. ' *, #?-, I ,& f S l C / * < h ' G ,
A. The one next 3oor anr? the store, 1 ,'
-~:*.a - e x e w r ~a-m+-trflisliSliSit'l'o"i- I* c j 7 '
Ye. . ------ ...-/* -A;-----
\/* --(r :k. Pouloe's store3
0 Were there firemen s t i l l there when you arrived?
MR. BALLJiTJCE : Objection.
TIIE COURT: '~vcrruled.
A. No.
- . Q And d i d you recover any personal belongings of any
, . . .
8 : - . , . kind? .. . . . . : . _ . . . . . . . . . . . . : . . . . . . . . - , , . . - . . . . . . . , .
. . . . . . . . . . . . ._. . . . . . . . . . . . . . . . . . . MR.. BALLAPTCE: Objection.
. - ' . ;.- - , .. - . .
. . :. .- :
TIE COURT: Overruled. , ~ .' . . . . . . .
- < .. . . . .
L There some of my' things on the street. . . . ,
s3
. - T had a bed and couc'l and chest of drawers and things , .
l i k e that .
f 0 All the furniture t 5 a t was in your house,had it --&
been taken out of your house? . . . * A No.
?¶R. FERGUSO!T: Object to leading.
TFiE COUPi' : Overrt~led . Q About hotu much of it had been taken out?
FIR. FSRGUSO';:: OS jectian.
- THE COUXT: Qvexruled. . . - L 1 . d say a few things , items.
.. - Q pmat itens d i d you lose in the fire? . .
... . , .. , , . , . . . .
. : , , . . , . THE COURT : Overruled . . .
* . , . A My clothes. '
Pardon?
My whole household was burned; my heaters.
' MR. FERGUSON: Objection.
TEE COURT : Ovcrr~lled . /"'- I -)
MR. FERGUSO;i: X ~ t f o n to strike. . * -
THE COURT : Denied.
Wow the i t e m s 'of yours t h a t were movcd out onto the . .
street, did you get them and take the? sonewhere?
MR. FERGUSON: Objection. - t
THE COURT : Overruled. +'
A Not Saturday niqht .
8 Did yon recover them at all?
MR. FERGUSOII : Objection. I
i
THE COURT : Over ruled.
A Yes, Sunday morning.
All of tho things t h a t ncce on t5e street? Q. $
c- I L / .;# , *.,--+ 2 . FERGUSOX: Objection. % :-',.* : ~ . f a j.5, :... I*.
A lqell some of t h e m was taken o f f .
0 Some of t hem was t aken off?
' A That Saturday night.
MR. FERGUSO7S: Objectio . .
. , THE COURT: Overruled.
A Some of the things I saw on Saturday night they
wasn't there on sunclay morning.
(r Do you know what happened to th m?
1.R. FERGUSOIJ: Objection . , -) A No, I didn't.
9 D i d you give anybody permission to take them? . . ,MR. FERGUS0:I: Objection. ?
t i i 1 " THE COURT: Overruled. 1
A. No, I did not.
Do you live in . . t h a t neighhorhooz now?
A No, I don't. a
MR. FERGDSON: OSjection.
THE COURT : Overruled. z i
Q' Did you do any shopping at Xikegs Store? - ,
IL A Yes, I bouqht'fron him.
a+-- & Did yeu 'have occasion to go there f a i r l y of ten?
.r\ ( 1
q ~ o u l d - go there several. times in a week?
8 HOW well d i d you know '-tr, P o t l l o s ?
A I just r e n t s iron him, and I bought from him. That . . . . ,
is a l l . . ' I .
0 Did- you know bfm at a l l ?
MR. FERGUSON: Ohjcction, --.
TfJE Comfi9 I bYerrulCd. ($Cd;/d'.hkp-/
h I just said I bought from him, and I r e n t s
' the house fron him.
0. Mrs. IlcKcithan, T hand you what has been parked for .
. . identification as State's Bxhibit number "32" and
- . ask if you can identify that,
s
- I.
IL Yes, I lived in this area right Sere. ( Ind ica t ing ) *
- L . _ I - - -3 -3 .
. , -. +*
L . -,. - . . . I* // . . /zl/ p, 1s &at the remains of --house after the firt?
6-7; ir
- : -. :. . Q. Woulci you shovr that to the defense table please so
* .
they can s-o the photonraph? And w~uld you show
that also to the jury? please , *-1aTan?
SOL. STROUD: State has no further questions
. .-_ of t h i s t ? i t n c s s , your :?onor.
Im. FERGCSOS: He have no questions at this
tine,
!*m. lImET.ro&: I have no questions.
. . .
E.IRS. IE:IRIETTA JACKSOII ( JX ICS) c n l l e ' l as a :.litnr?ss for . .
. . the State, being duly sworn, testifieA as f o l l c r x n :
DIRECT EdYrvII t1AY ION EY S9L. STXOUD :
A+ 1 name t c r t % e G t W n W c .
Y k 5 gl' Hrs, Ilcnrietta Jackson.
.-q .9.4;*.2: 0 ~ i k , m ~ ~ ~ - Y m ~ a resident of Wilminnton.
, . . . . ,
. ,
Earth Carolina? , . . *
. have yrYU' been a res ident? G----.-- 1
4/ ~ l l my life.
In February of 1971
y@ ~t 308 south 6th Street.
B wilere was t h a t i w d d 7,qi.k~ ' s Grocery store 1 P
at 6 t h and Ann?
J/ I, was the seEond building iron & store /'
143x1~~- - v * w m e ?
It was a wopd s t r u c t u r e , a t ~ o - s t o r y l~ousc. dr
had y w live2 in that building? 4
L-----. - - -- - .- / -4 .- -..--- a ~o u r years.
1 .- - - d --?-'I J
A * ~y husband and four grandchilirren and my daua:zterZf.'..;'- :):.!;- ,
' I rcnto the huildinq.
:I ing?
d lk qents it from ?lrs. Fennell. /*): u
-'in your hone there on the evening of Sat- Q---- /r V
urday, February 6, 19713
f l . in the house with yeti at that tine \
. . A Mytqhole family
3 0 Can you recall and will you t e l l us what happeneC
on t h a t n igh t , please?
MR. FERGVSON: Objection, , . 1
A Well on t ha t night it was a fire. F'Iy house hurnerf,
And Yrs. PZcKeithan an4. :like's Grocery. r . 3 4
Q W 3 e x - y *%en ysu becane avare of the f i r
e d 1 was in the living roe^^ on the floor lying dovn.
%*ypr
Q P'~?ry were you on the floor?
14R. F ~ R G U S O N : 013 jcct . THE COURT: @verruled.
A I was afraid of shot. They were s h o o t i n q outsicye.
A. I sav t%e f i r e fren t5c rcflcction of t\e house.
It was bright.
9 What did you do at tha t time?
A - X looked out the window. 4- D i d y e a c a l l anyone? p-n:.~
3 ;.in0 -?
& I cal led t h e operator.