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Full text of "Investigation of improper activities in the labor or management field. Hearings before the Select Committee on Improper Activities in the Labor or Management Field"

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k S SUPT. OF DOCUMENTS 



>EPOSITORY ,^. 

INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



HEARINGS 

BEFORE THE 

SELECT COMMITTEE 

ON IMPROPER ACTIVITIES IN THE 

LABOR OR MANAGEMENT EIELD 

EIGHTY-FIFTH CONGRESS 

FIRST SESSION 
PURSUANT TO SENATE RESOLUTION 74, 85TH CONGRESS 



DECEMBER 5, 6, 7, 9, 10, 11, 17, AND 18, 1957 



PART 18 



Printed for the use of the Select Committee on Improper Activities in the 
Labor or Management Field 




INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



HEARINGS 

BEFORE THE 

SELECT COMMITTEE 
ON IMPROPEK ACTIVITIES IN THE 

LABOR OR IINAGEMENT FIELD 

EIGHTY-FIFTH CONGRESS 

FIRST SESSION 
PURSUANT TO SENATE RESOLUTION 74, 85TH CONGRESS 



DECEMBER 5, 6, 7, 9, 10, 11, 17, AND 18, 1957 



PART 18 



Printed for the use of the Select Committee on Improper Activities in the 
Labor or Management Field 




UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1958 



Boston Public Library 
SuperintondPT^t of Documents 

MAR 1 1 1958 



SELECT COMMITTEE ON IMPROPER ACTIVITIES IN THE LABOR OR 
MANAGEMENT FIELD 

JOHN L. McCLELLAN, Arkansas, Chairman 
IRVING M. IVES, New York, Vice Chairman 

JOHN F. KENNEDY, Massachusetts KARL E. MUNDT, South Dakota 

SAM J. ERVIN, Jr. North Carolina BARRY GOLD WATER, Arizona 

PAT McNAMARA, Michigan CARL T. CURTIS, Nebraska 

Robert F. Kennedy, Chief Counsel 
Ruth Young Watt, Chief Clerk 



CONTENTS 



(Organized Violence in Tennessee and Bordering Areas) 

Page 

Appendix 7501 

Testimony of — 

Allen, Frank J 7261 

Andrews, Paul L 7090 

Boling, H. L 7488 

Bridges, James B 7205 

Brown, Harold E 7475 

Byrd, Roy 7084 

Caldwell, Robert 7145 

Canadav, Perry H 7385, 7389 

Cartwright, Tom D 7332 

Chapman, John C 7195 

Clements. Elizie R 7223 

Comer, Everett G 7320 

Crutchfeild, Thomas 7446 

Davis, Wallace 7267 

Dicicco, Earl P 7288 

Draper, Keith 7305 

Duffy, LaVern J 7054, 7106, 7187, 7193, 7288, 7389, 7396, 7440, 7460 

Dyke, Elmer 7334 

Ellis, William Leon 7133 

Evans, Eugene 7130 

Freels, Lola Mrs 7125, 7167 

Galloway, James Spence 7461 

Gourley, Everett E 7324 

Hargis, Luther C 7202 

Hixson, Raymond ^ 7436 

Hoover, L. M 7402 

Jones, Sam C 7467 

Katz, Joseph 7271 

Keeling, Shelton P__ 7299 

Kinsey, Joseph 7334 

McDowell, Robert 1 721 3 

McKinney, A. D 7106 

McShane,' James P 7054, 7184 

Morgan, Joseph W 7411 

Marston, Bobby H 7392 

Mosier, Andrew T 7314 

Pemberton, J. R 7069 

Peters, Sam _^ _ __ 7150 

Powers, B. B 7189, 7194 

Rasmussen, Wallace 7237 

Reed, Enos 7255 

Reeves, Jesse 7246 

Reynolds, John T 7113 

Reynolds, William, J. B 7397 

Scliroeder, Lyn M "I 7364, 7380 

Smith, Glen W 7421, 7450 

Smith, William A ______ 7351 

Vaughn, Ralph G 7368, 7381, 7382 

Thompson. G. T 7209 

Swanner, W. D 7334 

Vestal, Don '.[/_ 7405 

West, James E 7453 

Whitley, Kenneth M 7292. 7382 

Whitley, Josephine ' 7275 

Whitley, Robert V 7275 

Winslow, Harold A .l_._ 7344, 7381 

m 



IV 



CONTENTS 



lA. 

IB. 
IC. 



12. 

13. 

14. 

ISA. 

15B-D. 



20A. 

20B. 

21. 

22. 

23. 
24. 



Intr '^e'^' 

EXHIBITS duced on 

on page page 

Picture of tractor belonging to Bush Bros. Canning Co. 
which was dynamited on company premises during 
organizational .strike by Teamsters Local 621 7077 (*) 

Bush Bros. Co. truck dynamited on company premises 

during organizational strike by Teamsters Local 621 _ _ 7077 (*) 

Picture of dynamite that did not explode because of 
faulty fuse which was under the Newman & Pemberton 
trailers 7077 (*) 

Picture, Newman & Pemberton Corp. truck dynamited 
on company property during organizational strike by 
Teamsters Local 621 7081 (*) 

Picture of shoulder wounds inflicted on Mr. Ray Byrd by 

bullets which hit the truck in which he was driving 7089 (*) 

Minutes of a special meeting of Teamsters Local 327 in 

Nashville, Tenn., October 16, 1955 7106 (*) 

Pictures of injured elbow of Mr. McKinney where he 

was shot during organizational strike of teamsters 7111 (*) 

Bill from Lydia Wilhams, florist, dated June 15, 1955, in 

theamountof $10.52 for flowers sent to W. A. Smiths _ 7129 7601 

Picture of automobile of an employee of the Purity 
Packing Co., dynamited at his home, Knoxville, 
Tenn., during organizational strike by Teamsters 
Local621 7147 (*) 

A cash register ticket which represents bill for sugar and 

sirup used in siruping up trucks 7172 7502 

Cash expenditure sheet for the month of August 1956 

showing item of $39.35 marked "Cash and sick dues"._ 7172 (*) 

Check No. 3183 dated August 3, 1956, payable to cash in 

the amount of $39.35 drawn on Teamsters Local 621 _ _ 7172 7503 

Check dated November 6, 1956, payable to W. J. 
Reynolds in the amount of $50 drawn on organization 
furid, local 621 7178 7504 

Picture of W. A. Smith 7199 (*) 

Picture of Robert Belcher 7200 (*) 

Picture of dynamite caps, dog food, and license plate 7208 (*) 

Picture of dynamite which did not explode 7218 (*) 

Pictures of equipment showing damage after the dyna- 
mite did explode 7218 (*) 

Piece of pipe used in making a homemade bomb 7219 (*) 

Minutes of meeting of the executive board meeting of 
the Teamsters Union Local 327 at Nashville, dated 
November 19, 1955 7288 (*) 

Warrant served on Keith Draper for as.sault and battery. 7310 (*) 

Check No. 04738 dated March 20, 1956, payable to 
Edward Smith in the amount of $500, drawn on local 
327 and signed by Edward Smith, "Organizational 
expenses" 7395 7505 

Check No. 5518 dated July 2, 1951, payable to cash in 
the amount of $18,500 drawn on Truck Drivers & 
Helpers Local No. 515, Chattanooga unsigned and 
marked "void" 7432 7506 

Check No. 5519 dated July 2, 1951, payable to cash in the 
amount of $18,500 drawn on Truck Drivers & Helpers 
Local No. 515 and signed by H. L. Boling 7432 7506 

Check No. 6134 dated March 17, 1952, payable to cash 
in the amount of $1,500 drawn on Truck Drivers & 
Helpers Local 515 and signed by H. L. Boling 7434 7507 

Check No. 2474 dated June 29, 1951, payable local union 
515 in the amount of $13,500 drawn on Southern Con- 
ference of Teamsters and signed by Fale T. Murrin__ 7441 7508 

Minutes of a meeting of Southern Conference of Team- 
sters Policy Committee, dated July 13, 1951 7442 (*) 

Check No. 6546 dated June 10, 1954, payable to J. S. 

Galloway in the amount of $1,000 7465 7509 



CONTENTS V 

Proceedings of — Page 

December 5, 1957 7053 

December 6, 1957 7113 

December 7, 1957 7189 

December 9, 1957 7213 

December 10, 1957 7299 

December 11, 1957 7385 

December 17, 1957 7411 

December 18, 1957 7453 

•May be found in the files of the select committee. 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



THURSDAY, DECEMBER 5, 195T 

United States Senate, 
Select Committee on Improper Activities 

IN THE Labor or Management Field, 

Washington, D. C. 

The select committee convened at 2 p. m., pursuant to Senate Reso- 
lution 74, agreed to January 30, 1957, in the caucus room. Senate Office 
Building, Senator John L. McClellan (chairman of the select com- 
mittee) presiding. 

Members of the select committee present: Senator John L. Mc- 
Clellan, Democrat, Arkansas; Senator Carl T. Curtis, Republican, 
Nebraska. 

Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy, 
investigator; James P. McShane, investigator; Ruth Y. Watt, chief 
clerk. 

The Chairman. The committee will be in order. 

(Members of the committee present at the convening of the session: 
Senators McClellan and Curtis.) 

The Chairman. Today the committee begins a nev7 set of hearings, 
focused on the serious problem of organized violence. 

The committee is seeking information on the calculated and planned 
use of goon squads by the teamsters' union and others in a broad area 
of the southern section of the United States to enforce demands against 
employers and to whip recalcitrant union members into line. 

Violence in labor-management relations is not new. We have had 
it with us throughout the history of the rise of organized labor in 
America. It has been used by management in fighting labor. These 
hearings, however, I am advised by the staff, will point up a shocking 
pattern of deliberate goon-squad violence focusing in the State of Ten- 
nessee, but crossing State lines into North Carolina, Ohio, Georgia, 
and Kentucky. One of the things of greatest concern to this com- 
mittee has been the effect of this goon-squad violence on various com- 
munities and States. 

Investigation by the staff of this committee indicates that the nucleus 
of the goon squad with which we are here concerned was made up of 
teamsters' union officials with long police records. The staff's investi- 
gation has uncovered 173 separate acts of violence during the period 
1953 to the present. Of particular interest to the committee are the 
following important facts : 

1. It appears that the violence was an organized operation. 

2. The so-called goon squad was used interstate. 

7053 



7054 IMPROPER ACTIVITIES EST THE LABOR FIELD 

3. Only 8 of the 173 acts of violence have been solved. 

4. Law-enforcement officials in certain instances failed to properly 
investigate those responsible for the violence. 

5. Top officials of the teamsters' union have not made the slightest 
effort to rid the union of the hoodlum element who ^participated in the 
violence. 

This latter fact cannot be considered too surprising in view of the 
heavy infiltration of hoodlums and racketeers into the top echelon of 
the teamsters' union as thus far brought out by testimony before this 
committee. 

The staff has learned that other unions apparently availed them- 
selves of the services of this goon squad, particularly the barbers' 
union. This will also be a subject of interest by this committee. 

The use of violence is one of the most reprehensible forms of action 
in labor-management controversies. It is a matter which should be 
of deep concern to local authorities, to responsible leadership within 
the American labor movement, and to this committee which is charged 
with investigating improper activities in labor-management relations. 

The committee is deeply indebted to the Nashville Tennessean and 
to John Siegenthaler, of that newspaper, for the help and assistance 
they have rendered to the committee and to the staff during the 
course of our preliminary investigation. 

The Chair may say he has not covered every aspect of labor-man- 
agement relations that may be gone into, and may be developed in 
this particular area during the course of these hearings. We will 
deal with those other factors as we proceed with the testimony. 

Senator Curtis, do you have any comment before proceed ? 

Senator CurtTs. No, thank you, Mr. Chairman. I believe you have 
made a good statement that tells us what we can anticipate, and I have 
no statement to make. 

The Chairman. Mr. Kennedy, you may proceed with your presen- 
tation. 

Mr. Kennedy. "We just have two charts here, Mr. Chairman, that 
were made up through the efforts of Mr. Duffy and Mr. McShane, who 
conducted this investigation. 

The Chairman. Let both of you gentlemen be sworn. You will 
be asked questions as we go along and we might as well swear you at 
this time. 

Do you, each of you, solemnly swear that the evidence you shall give 
before this Senate select committee during this series of hearings shall 
be the truth, the whole truth, and nothing but the truth, so help you 
God? 

Mr. Duffy. I do. 

Mr. McShane. I do. 

TESTIMONY OF LaVERN J. DTJFFY AND JAMES P. McSHANE 

The Chairman. Mr. Duffy, state your name and your address, and 
your place of business. 

Mr. Duffy. My name is LaVern Joseph Duffy, and I reside at 123 
Carroll Street S. E., and I am a staff member of Senate Permanent In- 
vestigating Committee of the United States on temporary loan to the 
select committee. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7055 

The Chairman. Mr. McShane, state your name, and your address, 
and your business or occupation. 

Mr. McShane. My name is James McShane, and I reside at 3844 
Bailey Avenue, in the Bronx, N. Y., and I am an investigator on the 
staff of this coimnittee. 

The Chairman. All right. Mr. Kennedy, proceed. 

Mr. Kennedy. Mr. Chairman, as you pointed out in your opening 
statement, there have been some 173 acts of violence in and around the 
State of Tennessee, and 3 or 4 other States, during the period of the 
past 3 or 4 years. This is the documentation on that statement which 
also points out and shows that of those 173 acts of violence, only 8 of 
them have been solved. I might say that the 173 figure is a conser- 
vative figure. It is at least 173 acts of violence. 

Senator Curtis. How many of them had a thorough investigation by 
local law-enforcing officers, if only eight of them have been solved ? 

Mr. Kennedy. I think we will develop that as the hearings go on, 
and that it will indicate. Senator, that there was not an investi- 
gation or a thorough investigation in a great number of them. 

We will get into that this afternoon. 

For the benefit of the coimnittee and the press, we have these on a 
mimeograph sheet, Mr. Chairman. 

The Chairman. They may be delivered to the press. 

Who prepared the charts that you have before you, Mr. Duffy? 
The title of one of them is, "173 Acts of Union Violence in a Five 
State Area, Involving Both Teamsters and Barbers Disputes, 1953 to 
the Present." 

You have tAvo charts before us. The second one is a continuation 
of the first one. 

Mr. Duffy. That is right. 

The Chairman. So that the 2 exhibits before us now should be con- 
sidered as 1 exhibit ? 

Mr. Duffy. That is correct, Mr. Chairman. 

The Chairman. As I understand, Mr. Duffy, you have been con- 
ducting the preliminary investigation into this area, and into this 
subject matter? 

Mr. Duffy. Yes, Mr. Chairman. These charts were prepared un- 
der my direction. 

The Chairman. They were prepared under your supervision and 
at your direction ? 

Mr. Duffy. That is correct. 

The Chairman. Then you are prepared to testify with respect to 
the accuracy of them ? 

Mr. Duffy. That is correct, Mr. Chairman. 

Mr. Chairman. All right. Proceed. 

Mr. IvENNEDY. One matter that was of interest to us was the num- 
ber of acts of violence that were committed. The second thing that 
was of interest to us is that it went far beyond just picket-line violence 
or a fight or dispute on a picket line. This was something that was 
far deeper, and I think Mr. Duffy, you might tell the committee gen- 
erally what you found as to how these acts of violence evolved. First 
you might tell us the attempt to organize and then what happened. 



7056 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Senator Curtis. Before you go into that, I would like to ask over 
how wide an area did these occur? Are we talking about one 
locality ? 

Mr. Duffy. We are talking about basically the locality around 
Nashville, Tenn. and Knoxville, Tenn. Two teamster locals are in- 
volved. That is local 327 and there is a footnote to that effect down 
here, local 327 is in Nashville, Tenn. The other local is 612, in KJiox- 
ville, Tenn. 

Senator Curtis. Thank you. 

Mr. Duffy. Also on the chart you will notice that there is local 
No. 35. That is the barbers local in Nashville. 

The Chairman. I think the Chair will order those charts printed 
in the record at this point so that those who read may follow them 
rather than making them an exhibit. They may be printed in the 
record as a part of the testimony. 

(The charts are as follows :) 



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Truck driven by Harold Seymour and Larry Beaver shot 

at in Nashville. 
Pickets stopped truck at Nashville terminal and stoned 

driver. 
Truck shot at en route to Nashville. 
10-pound rock thrown agauist truck driven by Kenneth 

Puckett and Wayne Puckett en route from NashvOle 

to KnoxvOle. 
Shotgun blast fired into side of truck driven by Ted 

Barnett at McMinnvOle, Tenn. 
Tractor No. 11 connecting apparatus damaged causing 

trailer to break away in NashvOle. 
Shot fired at NashvOle terminal; Nathan Long, B. & S. 

employee, saw picket Kelway Howell nearby with 

shotgun. 
Driver shot driving truck near Lebanon, Tenn. 

Truck driven by Raymond Peterson fired at near 

McMinnville, Tenn. 
2 cars wrecked on B. & S. lot at Charlotte, N. C, by 

dynamite hurled in night. 
Harris, Keith-Simmons' employee, beaten while on de- 
livery by an unknown man in Nashville. 
Truck "driven by V. H. Williams fired at near Colliers- 

ville, Tenn. 
Truck driven by Davis Robertson fired on at NashviUe; 

tii-e hit. 
Shop windows smashed at night in NashviUe during 

union dispute, $80 damage. 
Shop windows smashed at night in Nashville; $120 

damage. 
Trucks sirupped while parked at Qrtndstaff's truck stop 

at Greenback, Tenn. 
William SheriU, delivery boy, chased from Nashville 

terminal with shotgun while attempting to cross picket 

line. 
Mistaken for B. & S. employee— beaten at raOroad siding 

in NashvUle bv teamsters members. 
Ralph Vaughn, teamsters business agent, threatened to 

beat Gregory m NashvOle during labor dispute. 


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7066 IMPROPEK ACTIVITIES IN THE LABOR FIELD 

Mr. DuFFT. I would like to explain the chart. 

On the far left hand corner we have the number of items, the 
number of acts of violence, starting with No. 1 and terminating on 
chart No. 2, with 1Y3. Mr. Kennedy pointed out that we are getting 
continual reports of additional violence in this area and the chart is 
not completely up to date as of this moment. The number of acts is 
in excess of 173 at this point. 

In column No. 2 we have the type of violence involved. It runs 
the gamut from dynamiting to truck sabotage, to assault and bat- 
tery, arson, siruping up of trucks, breaking of windows, and shoot- 
ings on the highway particularly. 

The next column shows the victim involved. That could be the 
employer, the firm, and the name is inserted here, or if an assault took 
place, the name of the individual is listed. 

In the next column we have if the incident was reported to police 
officials. In most instances it was reported to police, and in some in- 
stances it was not. 

In tjie next column, the arrests that were made relating to each 
specific instance that is noted. You notice there were very few ar- 
rests made. Most of them were made at the instigation of the em- 
ployers themselves, and not by the local law-enforcement officials. 

In the column "Convictions," the next column, it is very significant 
of the 173 acts of violence we have only 8 cases that were solved in a 
court of law. 

In the next column, we have the local involved. I might say at this 
point that we have three locals involved, as I said before, local 327 in 
Nashville, a teamsters local, and local 612, a teamsters local in Knox- 
ville, and a barbers union, local 35. Now, you notice across from the 
particular act of violence we have a local union number. That means 
specifically that the teamsters were attempting to organize the firm 
in column 2, or an employee of the firm that was assaulted in 
column 2. 

Across from that, we have supplemental data, additional facts re- 
lating to the specific act of violence. 

During the course of these hearings, we will have a number of 
witnesses who will testify first hand relative to the information on 
this particular chart. 

I would also like to make mention of the relationship between the 
teamsters local 327 and the barbers local 35. Earlier this year we 
had hearings in Scranton, showing that teamsters were used in the 
building trades, for picketing and also the teamster committed acts 
of violence for the building trades union in that area. Here we 
have instances of teamsters committing acts of violence for the bar- 
bers union in Nashville. 

I draw your attention specifically to item No. 91 and 92 on the 
chart. We have windows broken at barbershops in Nashville, and we 
have Perry Canaday, a teamsters union official currently holding that 
position in Nashville, breaking barbershop windows, along with Sam. 
Peters, rank and file member of tlxe teamsters in Nashville. 

They were arrested for breaking these two barbersliop windows, 
on April 9, 1955. They were convicted. Both received 6-month 
sentences, and were fined $100 each. Now, you notice prior to this 
incident taking place, there are a number of window breakings in 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7067 

Nashville with no convictions or no arrests. This is the first arrest 
relating to window breakings in that area. From the time of their 
arrests, and incidentally it states here that he was arrested on May 22, 
rather than April 9 — this is the date that the incident was reported. 
Subsequent to that time, we have two instances of window breakings 
after this arrest. 

Immediately upon their conviction, they appealed their cases to the 
Supreme Court of Tennessee, and bond was made. They were out 
on bond. But during tliat period they were out on bond, we have 
additional window breakings, but they have decreased substantially 
in number. We have 1, 2, and 3 in 1956. On June 10, 1956, another 
window breaking at the Hunt's Barber Shop in Nashville. 

It is very significant that the Supreme Court of Tennessee sus- 
tained the convictions of Mr. Peters and Mr. Cannady, in July of 
1956. During the remaining part of that year, while Mr. Canaday 
and Mr. Peters were incarcerated, there were no acts of violence re- 
lating to the barbers union in Nashville. It may be a pure coinci- 
dence, but nevertheless that is a fact. 

Now in January of 1957, Mr. Canaday, who, we feel, is one of the 
main individuals responsible for the violence in the Nashville area, 
as is indicated by this chart and other testimony to be developed 
during this hearing, was released from prison. Then we have addi- 
tional acts of violence relating to the barbers union. 

We have a dynamiting taking place at the Rutledge Barber Shop 
on May 31, 1957." We also have a window breaking here in 1957, re- 
lating to the barbers union. Then we have Mr. Canaday arrested 
again on September 22, 1957, for assault and battery, and that case 
was discovered within the last 3 weeks, although it occurred in Sep- 
tember. Mr. Seigenthaler of the Nashville Tennessean newspaper, 
who received a tip with reference to that incident, made available 
that information to us, and we secured a deposition from Mr. Draper, 
the party who was assaulted, naming Mr. Canaday as the assailant. 
That information was made available to the grand jury in Nashville, 
and Canaday was indicted this past Monday, December 2, 1957. 

Mr. Kennedy. I would like to go back, Mr. Dufi'y, as to how these 
acts of violence occurred in a labor-management dispute. Is there 
a general pattern that you found in the investigation ? 

Mr. Duffy. Yes, there is. In most instances this violence flowed 
from organizational drives by the teamsters local either in Nashville, 
local 327, or the teamsters local 621 in Knoxville, or the barbers local 
35 in Nashville. These were organizational drives by those unions to 
gain new members. 

Now, during the course of a discussion between the employer and 
the union, the union would approach the employer and say to him, 
"We have a majority of your employees signed up who want to join 
the union.-' The employer invariably requested an election. 

Very shortly thereafter, pickets would appear in front of the es- 
tablishment, and then the acts of violence that are indicated on these 
two charts took place. 

Mr. Kennedy. So that the teamsters' union, these locals would go in 
to an employer, and say that they wanted to sign a contract, and the 
employer would say "We want an election," and the teamsters' union 
would refuse the election and put a picket line around the entire area, 
and then the acts of violence began to occur ? 



7068 EVIPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Duffy. We will have direct testimony on that during the course 
of these hearings. 

Mr. Kennedy. On these acts of violence, according to our records, 
as I understand it, there were some 10 dynamitings ; is that right ? 

Mr. Duffy. That is correct. There were 10 dynamitings during this 
period. 

Mr. Kennedy. Thirty-five assaults ? 

Mr. Duffy. Yes, sir. 

Mr. Kennedy. And three arsons ? 

Mr. Duffy. That is correct. 

Mr. Kennedy. And 24 different instances where either trucks were 
shot at or where the place of business of the employer was shot at, is 
that right? 

Mr. Duffy. That is right. 

Mr. Kennedy. And there were 33 different instances where trucks 
were siruped up — sirup was put in the gas tank of trucks ? 

Mr, Duffy. That is right. 

Mr. Kennedy. Altogether, that involved in that 33 different in- 
stances, there were some 93 trucks ? 

Mr. Duffy. That is a very conservative figure. 

Mr. Kennedy. There were about 93 trucks, and 33 different 
instances ? 

Mr. Duffy. Yes ; actually siruped. 

Mr. Kennedy. In addition to that, there were 180 other trucks that 
were damaged in other manners ? 

Mr. Duffy. That is correct. 

I would like to emphasize how we got this information, Mr. Chair- 
man. We received leads from various concerns in the Tennessee area 
that sabotage or damage had been done to their property, and we would 
contact the employer and check his record, and we came up with a 
lot of the information from the actual files of the employers them- 



Also we checked newspaper clippings and reports of violence that 
the Nashville Tennessean had in their files, and we checked leads out 
from those newspaper clippings and contacted employers. 

Mr. Kennedy. I understand you received cooperation from the 
other newspapers ? 

Mr. Duffy. The Nashville Banner and the other newspapers. 

Mr. Kennedy. In Knoxville and in Chattanooga ? 

Mr. Duffy. That is right. 

The Chairman. As I understand it, you have not placed on the chart 
or listed an incident of violence just because it was reported in a 
newspaper, but you have checked it out with the employer and with 
management so as to substantiate it ? 

Mr. Duffy. We have checked every incident out, Mr. Chairman. 

The Chairman. I do not discount the ingenuity of the press at all, 
but we like to check those things out and get confirmation. 

Mr. Duffy. We used the newspaper clippings as leads. 
_ Mr. Kennedy. From your investigation and Mr. McShane's inves- 
tigation, could you give the committee an estimate, conservative esti- 
mate as to the amount of damage that was caused and the amount of 
damage, physical damage, that was caused and the loss of business that 
occurred because of these various acts of violence ? 



IMPROPER ACTWITIElS IN THE LABOR FIELD 7069 

Mr. DuFTY. It is difficult to come to an estimate, I think, conserva- 
tively speaking, over $2 million Avoiild be a conservative figure. 

The Chairman. The amount of damage to property ? 

Mr. Duffy. And loss of profits the employers suft'ered as a result of 
these organizational drives by these unions. 

Mr. Kennedy. This type ? 

Mr. Duffy. This type. 

The Chairman. Did you break it down as to what part of that over 
$2 million would be actual physical damage to property which could 
be ascertained ? 

Mr. Duffy. Mr. Chairman, we will have some testimony directly on 
that during the course of these hearings. Perhaps it would be better 
to wait for the witnesses to testify on that. 

The Chairman. Mr. McShane, is there anything you have to add to 
what your colleague has said ? 

Mr, McShane. No, sir. 

The Chairman. Thank you. 

Call the first witness, Mr. Kemiedy. 

Mr. Ivennedy. Mr. Pemberton. 

The Chairman. You do solemnly swear that the evidence you shall 
give before this Senate select committee will be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr, Pemberton. I do. 

TESTIMONY OF J. R. PEMBERTON 

The Chairman. Please be seated. 

Will you state your name, your place of residence, and your business 
or occupation. 

Mr. Pemberton. J. E. Pemberton, Clinton, Tenn., secretary-treas- 
urer of Newman-Pemberton Trucking Co. 

The Chairman. Secretary-treasurer of what ? 

Mr. Pemberton. Newman-Pemberton Trucking Co. 

The Chairman. Mr. Pemberton, you are familiar, I assume, with 
the rules of the committee which permit you to have counsel present 
while you testify, if you desire, to advise you of your legal rights? 

Mr. Pemberton. Yes, sir. 

The Chairman. You waive counsel ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Thank you very much. 

Mr. Kennedy, proceed. 

Mr. Kennedy. You are an official of your trucking company ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. You are one of the founders of the company ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. You own it with Mr. Newman ; is that right ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Your company operates in about 10 States ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. You have approximately 55 different trailers; is 
that right? 

Mr. Pemberton. About 60 trailers. 

Mr. Kennedy. And you operate in 10 States ? 



7070 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy, You have been operating since what time ? 

Mr. Pemberton. 1948. 

Mr. Kennedy. Your headquarters are where ? 

Mr. Pemberton, Knoxville, 

Mr. Kennedy. Now in 1956 was there an effort made by the team- 
sters' union to organize your employees ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. When did that occur ? 

Mr. Pemberton. The latter part of May. 

Mr. Kennedy. Latter part of May 1956 ? 

Mr. Pemberton. Yes, sir. 

Mr, Kennedy. You were approached by whom ? 

Mr. Pemberton. By the teamsters local 621. 

Mr. Kennedy. Local 621. 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Who approached you from that local? Wlio did 
you have the conversation with ? 

Mr. Pemberton. Mr. Reynolds ? 

Mr. Kennedy. Mr. William Reynolds ? 

Mr, Pemberton. Yes, sir. 

Mr. Kennedy. His position was president of that local ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Who else was there ? 

Mr. Pemberton. Mr. Payne. 

Mr. Kennedy. Mr. Hubert L. Payne ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. He was another teamster official of 621 ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. They said they wanted to sign a contract with you ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Did they say they had your employees signed up? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. What statement did you make to them at that time ? 

Mr. Pemberton. Well, we asked them for an election. They only 
wanted to represent a certain unit of drivers. 

Mr. Kennedy. They wanted to represent just a unit. You said you 
wanted an election of all your drivers, is that right ? 

Mr. Pemberton. Yes. 

Mr. Kennedy. What unit did they want to represent? 

Mr. Pemberton, The long-haul drivers, 

Mr, Kennedy, Over-the-road drivers ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. You said you wanted an election, is that right? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. What occurred then ? 

Mr. Pemberton. They refused to give us an election. They said 
they wouldn't have an election. So we petitioned the National Labor 
Relations Board for an election. 

Mr. Kjennedy, What did the National Labor Relations Board hold? 

Mr. Pemberton. Pardon me ? 

Mr. Kennedy. What did the National Labor Relations Board hold? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7071 

Mr. Pemberton. They did not come in right away. After the 
time we petitioned them for an election the union filed several unfair 
labor practice charges. 

Mr. Kennedy. Against you ? 

Mr. Pemberton. Yes. 

Mr. IvENNEDY. How did the National Labor Relations Board hold 
on those charges against you ? 

Mr. Pemberton. They were all dismissed. 

Mr. Kennedy. But just at the time that there would be a deter- 
mination that an election should be held, then the union filed an unfair 
labor practice against you ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. And that delayed the time of the election, is that 
right? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. During this period of time were there any acts of 
violence against your company ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. When did they begin ? 

Mr. Pemberton. They began shortly after the strike. 

Mr. Kennedy. Your teamsters put a picket line out in front of your 
company ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Were your men on strike ? 

Mr. Pemberton. They were on strike June 16. 

The Chairman. Your employees ? 

Mr. Pemberton. Yes, sir ; part of the employees. 

The Chairman. What percentage? 

Mr. Pemberton. I would say about 50 percent of them. 

The Chairman. Just about half. 

Mr. Pemberton. Yes, sir. 

Senator Curtis. Did you ever hold this election ? 

Mr. Pemberton. No, sir. 

Senator Curtis. Never did? 

Mr. Pemberton. No, sir. 

Senator Curtis. What did the National Labor Board do with your 
request ? 

Mr. Pemberton. By the time they came in and filed an election 
date, the union filed a disclaimer of interest in our drivers. 

The Chairman. They did what ? 

Senator Curtis. The union filed a disclaimer. 

Mr. Pemberton. Yes, sir. Disclaimed any further interest in this 
unit of drivers. 

The Chairman. You mean after the election had been ordered by 
theNLRB? 

Mr. Pemberton. An election had not been ordered. But we thought 
it was time they were setting one up. 

The Chairman. In other words, you had petitioned for an election ? 

Mr. Pemberton. Yes, sir. 

The Chairman. And you were anticipating a decision on your re- 
quest for an election ? 

Mr. Pemberton. Yes, sir. 

The Chairman. And the union did what ? 

Mr. Pemberton. Filed a disclaimer. 



7072 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Senator Curtis. In other words, did that amount to giving up 
efforts to organize you ? 

Mr. Pemberton. Yes, sir ; they quit. 

Senator Curtis. How many employees did you have that would be 
involved ? 

Mr. Pemberton. I would say approximately 25. 

Senator Curtis. How large a local union is 621 ? 

Mr. Pemberton. I don't know how large. 

Senator Curtis. In numbers. 

Mr. Pemberton. I don't know. 

Senator Curtis. Is it a big union ? 

Mr. Pemberton. Is is a fair size. I don't know how many mem- 
bers. I would say a thousand, 1,500 members. 

Senator Curtis. Then these acts of violence occurred after they ad- 
mitted before the National Labor Kelations Board they were not in- 
terested in organizing you ? 

Mr. Pemberton. Yes, sir. That occurred before. 

Senator Curtis. Which came first? 

Mr. Pemberton. The acts of violence came first. 

Senator Curtis. Were there any acts of violence after ? 

Mr. Pemberton. No, sir. 

Senator Curtis. How much time elapsed from the time you asked 
the National Labor Relations Board for an election until they filed 
this disclaimer ? 

Mr. Pemberton. About 3 months. 

Senator Curtis. How many employees did you say you had ? 

Mr. Pemberton. Twenty-five. 

Senator Curtis. I wonder if anybody on the staff can tell me 
whether or not the law requires that an election be held up just be- 
cause somebody files a charge of unfair labor practices. I wonder 
what that has to do with it. Either the union represents people in 
there or they don't. 

Mr. Kennedy. That causes a delay. 

Senator Curtis. I know it does, but is it required by the statute? 

Mr. Kennedy. I think on the grounds that an unfair labor practice 
has been committed, the National Labor Relations Board holds that 
they should wait until that is settled before the election is held because 
otherwise tlie election might be unfair. 

Senator Curtis. My observation is that the National Labor Re- 
lations Board waits until it is too late before they ever move. 

The Chairman. I understand that whenever there is a request for 
election and then if unfair labor practice charges are filed the Board 
undertakes to dispose of the unfair labor practices prior to ordering the 
election. Is that tlie general procedure? That is correct as you 
understand it ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Am I correct ? 

Mr. Kennedy. I believe so. 

Senator Curtis. I know they do it but I wondered why. 

Mr. Kennedy. Now, you say a picket line was placed around your 
business ; is that right ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. In which some of your employees participated? 

Mr. Pemberton. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7073 

Mr. Kennedy. Did any acts of violence occur in connection with 
any of your other depots or in connection with your trucks ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. AVill you tell us what the first one was ? 

Mr. Pemberton. The first one was we had the 

Mr. Kennedy. You have to speak up. 

Mr. Pemberton. We had 76 tires cut and punctured in the Cin- 
cinnati terminal. 

Mr. Kennedy. Cincinnati, Ohio, is your terminal ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. What was the damage that occurred there ? 

Mr. Pemberton. Approximately $4,000. 

Mr. Kennedy. When did that occur? Do you have some papers 
there ? 

Mr. Pemberton. That occurred August 4, 1956. 

Mr. Kennedy. On August 4, 1956. 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. That was shortly after you had first been approached, 
which was in June 1956, is that right, by the teamsters ? 

Mr. Pemberton. Yes, sir. 

The Chairman. May I ask one question at this point ? 

Did representatives of the union ever present to you a signed peti- 
tion or a signed card, a declaration of a majority of your employees 
that they wanted a union or wanted to join a union? 

Mr. Pemberton. No, sir. 

The Chairman. They have never presented such evidence to you ? 

Mr. Pemberton. No, sir. 

The Chairman. They only made the claim that they had a majority ? 

Mr. Pemberton. Yes, sir. 

The Chairman. When you requested an election ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Did you believe they had a majority ? 

Mr. Pemberton. No, sir ; they did not. 

The Chairman. In fact, did you know they did not have ? 

Mr. Pemberton. No, sir ; I did not know. 

The Chairman. You believe they did not have ? 

Mr. Pemberton. Yes, sir. 

The Chairman. They have never to this date presented you with 
any evidence of the fact that they had a majority of your employees 
signed up other than their statement to you ? 

Mr. Pemberton. No, sir ; they haven't. 

Mr. Kennedy. So in August of 1956 this first act of violence oc- 
curred with the slashing of some 76 tires in your depots in Cincinnati, 
Ohio? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. During this period of time did you start receiving 
threatening telephone calls at your home? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Will you tell us about that ? 

Mr. Pemberton. Well, some of the calls they would ring the phone 
and breath in the phone and wouldn't say anything. Other times 
they threatened to bring me in on a slab. 

Mr. Kennedy. How often did those telephone calls come ? 



7074 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Pemberton. I would say 3 or 4 a week. 

Mr. Kennedy. At what time did they occur ? 

Mr. Pemberton. Usually between midnight and morning. 

Mr, Kennedy. Were there any telephone calls to any members of 
your family ? 

Mr. Pemberton. Yes, sir ; my wife received numerous calls. 

Senator Curtis. Was there anything about those calls that would 
indicate as to who was making them ? 

Mr. Pemberton. Yes, sir. They would tell my wife if she didn't 
stop me from trying to operate that they would dynamite, she was 
liable to get blown out of bed some night, or different things like that. 

Senator Curtis. In other words, even though you could not iden- 
tify any voice it would occur in such a way that you would know that 
it was tied in with your union difficulties, with your trucking con- 
cern? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. So your wife was told you would be brought home 
on a slab or that her home would be dynamited ? 

Mr. Pemberton. Yes. 

Mr. Kennedy. And at other times telephone calls would come in 
the middle of the night and someone would just breathe into the tele- 
phone ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Then acts of violence began to occur, first with the 
slashing of the tires in Cincinnati. Now what was the second inci- 
dent? 

Mr. Pemberton. We had two acts of violence before that, one act 
of violence before that. We had one truck run off the road and 
wrecked. 

Mr. Kennedy. "Wliere did that occur ? 

Mr. Pemberton. In Lexington, Ky. That was some time in July. 

Mr. Kennedy. They ran one of your trucks off the road, is that 
right? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. What happened after that, what occurred ? 

Mr. Pemberton. Well, on the way in, bringing that wrecked truck 
in with our wrecker, apparently the same guy tried to run the 
wrecker off the road. 

Mr. Kennedy. Was anybody arrested in connection with that? 

Mr. Pemberton. No, sir. 

The Chairman. Was the party identified who was driving the 
other car ? 

Mr. Pemberton. No, sir ; we were never able to identify him. 

The Chairman. Was it reported to local officials ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Did it occur in the daytime or night ? 

Mr. Pemberton. At night. 

The Chairman. At night. 

Mr. Pemberton. Yes, sir; they had their lights disconnected on 
their license plates. That was the reason we were unable to obtain 
the license number. 

Mr, Kennedy. So they ran your truck off the side of the road and 
when the wrecker came to pick the truck up and bring it in to town 
they came back and tried to run the wrecker off? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7075 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. What ^Yas the next thing that occurred ? 

Mr. Pemberton. The next one, about August 1, 1956, we had a 
truck fired upon. 

Mr. Kennedy. Who was the driver of that truck? 

Mr. Pemberton. Koy Byrd. 

Mr. IvENNEDY. How do you spell his name ? 

Mr. Pemberton. B-y-r-d. 

Mr. Kennedy. Nothing happened to him personally ? 

Mr. Pemberton. No, sir. 

Mr. Ivennedy. Then what happened ? He was the company driver, 
is that right ? 

Mr. Pemberton. Yes, sir. 

The Chairman. You say he was fired on. Was the truck hit? 

Mr. Pemberton. Pardon ? 

The Chairman. Was the truck hit ? 

Mr. Pemberton. Yes, sir. They shot two tires down on the trailer. 

The Chairman. That stoj)ped the truck ? 

Mr. Pemberton. No, sir. It did not stop it right then. 

The Chairman. It did not stop that driver under those circum- 
stances ? 

Mr. Pemberton. No, sir. 

Senator Curtis. Where did that happen? 

Mr. Pemberton. That happened about 5 or 10 miles south of 
■Georgeville, Tenn. 

Senator Curtis. What county is that in ? 

Mr. Pembetron. Campbell, Ky. 

Senator Curtis. Is that the county that Knoxville is in ? 

Mr, Pemberton. No, sir. 

Senator Curtis. Was that reported? 

Mr. Pemberton. Yes, sir. 

Senator Curtis. To whom was it reported ? 

Mr. Pemberton. To the State highway patrol. 

Senator Curtis. At what point ? 

Mr. Pemberton. La Follette, Tenn. 

Senator Curtis. By whom ? 

Mr. Pemberton. I believe by Mr. Byrd. 

Senator Curtis. How soon after it happened was it reported ? 

Mr. Pemberton. I would say that night, the same night it hap- 
pened. 

Senator Curtis. Reported to the State highway patrol ? 

Mr. Pemberton. Yes, sir. 

Senator Curtis. Wliat did they do about it? 

Mr. Pemberton. I don't know what they done about it. We never 
heard any more of it. 

Senator Curtis. Did the higliway patrol ever come back and re- 
check Mr. Byrd's story or make any further investigation that you 
know of ? 

Mr. Pemberton. Not that I know of. 

Senator Curtis. That is all. 

Mr. Kennedy. What ha])pened after that? 

Mr. Pemberton. Around August 4 is when we had the tires were 
slashed in Cincinnati. 



7076 EMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Then what occurred ? 

Mr. Pemberton. Around August 9 Mr. Byrd was shot through the 
shoulder from ambush. 

The Chairman. The same driver? 

Mr. Peimberton. Yes, sir; between Jellico and La Follette, Tenn. 

Mr. Kennedy. He was shot coming up a hill ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Was he very critically injured ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. He went to a hosi)ital ? 

Mr. Pemberton. Yes, sir. 

The Chairman. "Wliat was he shot with ? 

Mr. Pemberton. He was shot with a rifle. 

]Mr. Kennedy. The truck was ambushed at the top of the hill. 

Mr. Pemberton. Yes, sir. The truck was hit 12 or 15 times with 
bullets. 

Senator Curtis. That happened in Campbell County ? 

Mr. Pemberton. Yes, sir. 

Senator Curtis. To whom was that reported ? 

Mr. Pemberton. The State highway patrol and county authorities. 

Senator Curtis. Were there any arrests? 

Mr. Pemberton. No, sir ; not that I know of. 

Senator Curtis. Was there anything that came to your attention 
to indicate an investigation was made ? 

Mr. Pemberton. Pardon? 

Senator Curtis. Was an investigation made by the sheriff or the 
highway patrol ? 

Mr. Pemberton. Yes, sir. 

Senator Curtis. What did they do ? 

Mr. Pemberton. We have never heard any more of that. I don't 
know what they have done. 

Senator Curtis. They said they made an investigation ? 

Mr. Pemberton. Yes, sir. 

Senator Curtis. Did they do anything that came to your knowl- 
edge ? Did they have lengthy interviews with the victim ? Did they 
make measurements on the highway ? Did they interview the people 
who live near that point? Do you know about any of these things 
being done of your own knowledge ? 

Mr. Pemberton. Yes, sir; I do know they talked with the victim. 
I don't know about the people around in that vicinity. I don't know 
whether they checked with them or not. 

Senator Curtis. Now, did the patrol do it or the sheriff's office ? 

Mr. Pemberton. I think both agencies were out, the patrol and the 
sheriff. 

Senator Curtis. Do you happen to know — and I don't care for a 
technical answer — do you happen to know in Tennessee whether the 
highway patrol's law enforcement is confined pretty much to traffic 
matters or do they take jurisdiction of such things as a shooting with 
probable intent to kill on the highways ? 

The Chairman. Do you know whether Mr. Byrd had ever been 
threatened himself or had these warning telephone calls or threaten- 
ing calls prior to the time he was shot ? 

Mr. Pemberton. No, sir ; I do not. 



IMPROPER ACTIVITIElS IN THE LABOR FIELD 7077 

The Chairman. He did not report such incidents to you ? 

Mr. Pemberton. Not to me. 

Mr. Kennedy. Mr. Chairman, Mr. Byrd will be the next witness, 
and can throw some light on that incident. 

Then he was shot at on August 9 and.hit on that date. 

Now, what occurred after that ? 

Mr. Pemberton. On or about September 2 we had a dynamiting at 
Bush Bros. & Co. canning plant. 

Mr. Kennedy. Bush Bros., is that right ? 

Mr. Pemberton. Yes, sir; Bush Bros. & Co., canneries, at Chest- 
nut Hill, Tenn. That is where we keep some of our equipment located. 

Mr. Kennedy. You do their trucking ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. There was dynamiting that took place there ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. How much damage was done ? 

Mr. Pemberton. Approximately $25,000. 

Mr. Kennedy. In addition to the $25,000 worth of damage did you 
find some other dynamite sticks that did not go off ? 

Mr. Pemberton. Yes, sir ; we found 57 sticks that did not go off. 

Mr. Kennedy. Do you have some pictures there of the damage that 
occurred and of the dynamite ? 

INIr. Pemberton. Yes, sir ; I do have. 

The Chairman. Let the record show that the witness presents to 
the committee a series of three pictures which will be made exhibit 
No. 1-A, B, and C. They can be marked accordingly. 

The photographs referred to were marked "Exhibits 1-A, 1-B, 
and 1-C" for reference and may be found in the files of the select 
committee.) 

The Chairman. I hold in front of you 1 picture, 1 of the 3 pic- 
tures you have presented. Can you see from where you are and de- 
scribe or identify this picture and tell us about the damage that was 
caused ? 

Mr. Pemberton. Yes, sir. That is one of the tractors that received 
the most damage. That tractor belongs to Bush Bros. Canning Co. 

The Chairman. That was not your tractor but was property of the 
company which you served ? 

Mr. Pemberton. Yes, sir. 

Tlie Chairman. How much damage was done to this tractor ? 

Mr. Pemberton. It was a complete loss. It amounted to $14,500. 

The Chairman. You mean for this one tractor alone it was a com- 
plete loss to the amount of about $14,500 ? 

Mr. Pemberton. Yes, sir. 

Tlie Chairman. Let this one be made exhibit 1-A. 

I hold another picture in front of you which you have presented. 
Can you identify this picture ? 

Mr. Pemberton. Yes, sir. This is the same tractor with the trailer. 
Now, the trailer was beyond repair because of the rivets. It stretched 
the metal and could not be repaired. 

The Chairman. So nou only the tractor but the trailer was a com- 
plete loss ? 

Mr. Pemberton. Yes, sir. 

The Chahiman. That is included in the $14,500 ? 



7078 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Pemberton. No, sir. That is not included. That is in addi- 
tion to the tractor. 

The Chairman. That is in addition. 

How much additional loss then is represented by this picture ? 

Mr. Pemberton. I would say approximately $3,000. 

The Chairman. This picture may be made exhibit 1-B. 

Now I present to you another picture, the last of the series of three 
which you have presented. What does that picture represent ? 

Mr. Pemberton. That is a picture of the dynamite that did not 
explode because of a faulty fuse. That was under four of my trailers, 
the Newman and Pemberton trailers. 

The Chairman. In other words, this dynamite shown here in the 
picture, these sticks of dynamite had been placed under four of the 
trucks and trailers owned by you or your company ? 

Mr. Pemberton. Yes, sir. 

The Chairman. And they did not go off ? 

Mr. Pemberton. No, sir. 

The Chairman. Had the fuse been lit ? 

Mr. Pemberton. Yes, sir. 

The Chairman. But they did not go off. Wliy? 

Mr. Pemberton. Because of a faulty fuse is the reason they did not 
go off. The fuse did go out, it burned down some but not enough to 
ignite it. 

The Chairman. Thus by reason of the faulty fuse you were saved 
approximately how much damage ? 

Mr. Pemberton. Well, four trailers, I would say approximately 
$15,000. 

The Chairman. Approximately $15,000. I understand this dyna- 
mite was under just the trailers and not under the trucks or tractors. 

Mr. Pemberton. That is right. It was located near a warehouse 
where there was 40 or 50 people working. It might have caused some 
injuries to them. 

The Chairman. This may be made exhibit 1-C. 

Senator Curtis. Was anybody arrested in connection with that ? 

Mr. Pemberton. No, sir ;'not that I know of. 

Senator Curtis. To whom was that reported ? 

Mr. Pemberton. That was reported to the county sheriff, the State 
highw^ay patrol, and I understand the Tennessee Bureau of Investiga- 
tion worked on it a while. 

Senator Curtis. All in Knoxville ? 

Mr. Pemberton. No, sir. In Jefferson County, Tenn. 

Senator Curtis. This did not happen in Knoxville ? 

Mr. Pemberton. No, sir. 

Senator Curtis. What is the county seat of Jefferson County ? 

Mr. Pemberton. Dandridge. 

Senator Curtis. Dandridge ? 

Mr. Pemberton. I believe that is right, Dandridge. 

Senator Curtis. Now, was there a thorough investigation ? 

Mr. Pemberton. Yes, sir ; to the best of my knowledge. 

Senator Curtis. Did thev ever find out where the dynamite came 
from? 

Mr. Pemberton. No, sir ; not that I know of. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7079 

Senator Curtis. Now you had a good idea who was doing all this, 
did YOU not? 

Mr. Pemberton. "Well 

Senator Curtis. Or what group was instigating it. I will put it 
that way. 

Mr. Pemberton. Yes, sir. 

Senator Curtis. Of that group that were instigating it, how many 
people made up that group i Do you know that '( 

Mr. Pemberton. 1 don't know. 

Senator Curtis. Yon could not give us an estimate of how many 
union organizers and associates and accomplices were involved in all 
this reign of terror that went on for these weeks ? 

Mr. Pemberton. No, sir; I don't know how many. I only knew a 
few of them. 

Senator Curtis. Would you guess it was more than 25 ? 

Mr. Pemberton. I don't know. I would say it was probably 25. 

Senator Curtis. All in all, how much property did you lose by 
reason of violence, that which you have testified about and that which 
you are going to later testify about ? 

Mr. Pemberton. $41,000, approximately. 

Senator Curtis. Is that covered by insurance ? 

Mr. Pemberton. No, sir. 

Senator Curtis. Insurance of that type is quite expensive, is that 
right ? 

i\Ir. Pemberton. Yes, sir. 

Senator Curtis, So it was a complete loss to you ? 

Mr. Pemberton. Yes, sir. 

Senator Curtis, How much of that $41,000 loss — now, that is yours, 
that does not include the other. 

]\Ir, Pemberton, That includes the other property. That includes 
what ha])pened to the Bush Bros, Co,, too. 

Senator Citrtis. But it does not include loss of business ? 

Mr. Pemberton. No, sir : it does not include that. 

Senator Curtis. How much would that amount to ? 

Mr. Pemberton. We estimate that at $175,000 gross loss. 

Senator Curtis, For the loss of business 'I 

Mr. Pemberton. Yes. sir. 

Senator Curtis. So this violence damaged you as much as $210,000 
or $215,000. 

Mr. Pemberton. Yes, sir. 

Senator Curtis. Roughly how much of tliat $210,000 or so damage 
took place after you asked the National Labor Relations Board for an 
election and the time the union filed that disclaimer ? 

Mr. Pemberton. All of it. 

Senator Curtis, All of it ^ 

Mr, Pemberton, Yes, sir. 

Well, there was about a week 

Senator Curtis. Was there any effort made to get you to withdraw 
your petition for an election during that time ? 

Mr, Pemberton, No, sir. 

Senator Curtis, But the union objected to the petition, of course? 

Mr, Pemberton, Yes, sir. 

Senator Curtis. They did not want you to file it ? 

89330 — 58 — pt. 18 3 



7080 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Pemberton. No, sir. 

Senator Curtis. Did they ask you to withdraw it at any time ? 

Mr. Pemberton. No, sir; they did not, not to my knowledge. I 
don't think they did. 

Senator Curtis. That is all. 

Mr. Kennedy. However, they did indicate to you that they would 
never permit an election ; did they not ? 

Mr. Pemberton. Yes, sir ; they did. 

Mr. Kennedy. In answer to Senator Curtis about the fact that 
this investigation of these bombings was thorough, as I understand 
it, it was the Tennessee Bureau of Investigation that was brought in ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Did you learn that they made a complete and thor- 
ough investigation ? 

Mr. Pemberton. I never did learn exactly. 

Mr. Kennedy. Did you learn to the contrary that they had been 
called off in the middle of the investigation ? 

Mr. Pemberton. Yes, sir ; they told us that they had been called in. 

Mr. Kennedy. So it was not a thorough investigation; was it? 

Mr. Pemberton. No, sir. 

Senator Curtis. Who called them off ? 

Mr. Pemberton. I don't know. It was just hearsay. 

Senator Curtis. Who told you that they were called off ? 

Mr. Pemberton. There was someone I believe in the sheriff's office 
of Jefferson County that told me. 

Senator Curtis. Were they referring to the Tennessee Bureau of 
Investigation and the sheriff's office, or which one had been called off ? 

Mr. Pemberton. The Tennessee Bureau of Investigation. 

Senator Curtis. Did any one in the Tennessee Bureau of Investi- 
gation tell you that ? 

Mr. Pemberton. No, sir. 

Senator Curtis. Did they ever make a report ? 

Mr. Pemberton. Not that we could find. 

Senator Curtis. Did they make any investigation to your knowl- 
edge after this report was out that they had been called off ? 

Mr. Pemberton. Not that I know of. 

Senator Curtis. Who controls the Tennessee Bureau of Investi- 
gation ? 

Mr. Pemberton. I imagine the Governor ; I don't know. 

Senator Curtis. But it is a State authority ? 

Mr. Pemberton. Yes, sir. 

Senator Curtis. That is all. 

Mr. Kennedy. Did any other damage occur to any of your trucks 
other than the ones you related ? 

Mr. Pemberton. Yes, sir. We later, around September 8, we had 
another truck dynamited. That was on our lot in Knoxville, Tenn. 

Mr. Kennedy. How much was the damage for that ? 

Mr. Pemberton. About $1,500. 

Mr. Kennedy. Do you have a picture of that also ? 

Mr. Pemberton. Yes, sir, I do have. 

Mr. Kennedy. That was another dynamiting? 

Mr. Pejiberton. Yes, sir. 



IMPROPER ACTIVITIEiS IN THE LABOR FIELD 7081 

The Chairman. That picture may be made exhibit No. 2. 

(Document referred to was marked "Exhibit No. 2" for reference 
and may be found in the files of the select committee.) 

The Ctiair^ian. The pictures as exhibits will be for reference only. 

Mr. Kennedy. I might say here that there will be a slight incon- 
sistency between this witness' testimony and the chart, and that is due 
to the fact that when we first talked to the witness, he was not as 
definite as to the details as he is at the present time. Is that not 
correct ? 

Mr. Pemberton. That is correct. 

Mr. Kennedy. And the dates that he gave us and the estimate of 
loss have been verified by him since that time and therefore his testi- 
mony is more accurate and more complete. He puts in some events 
that we do not have on the charts and some dates are changed slightly 
but otherwise it is correct. 

The Chairman. The damage is greater according to your testimony 
than listed on the chart ? 

Mr. Pemberton. Yes. 

Mr. Kennedy. He has put in a number of different incidents, Mr. 
Chairman. 

The Chairman. Comparing the charts with your testimony, that can 
be determined. But just for passing information, that is correct, is 
it not? 

Mr. Kennedy. That is correct. 

Now, you said that the dynamiting of this other truck was con- 
cerned. Wliat about the siruping of your trucks? Did that occur? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. When did that happen ? 

Mr. Pemberton. We don't know exactly when it happened, but dur- 
ing the strike we had 17 or 18 trucks, that is between June 16 and to 
about the 1st of October, we had 17 or 18 trucks siruped. 

Mr. Kennedy. "Wliat does that mean ? 

Mr. Pemberton. They pour sirup in the crankcase in the motors, 
and when you start these engines and they get warm, they lock up. 
All of the bearings and everything locks in them, and it completely 
ruins the engine. 

Mr. Kennedy. "Wliat was the loss on the siruping of your trucks? 

Mr. Pemberton. We caught part of them. We figure we had about 
$4,500 loss. 

Mr. Kennedy. How many did you catch ? 

Mr. Pemberton. There was 3 motors ruined, and 4 or 5 others that 
we didn't ruin completely at that time. But they did go back later. 

Mr. Kennedy. They were damaged ; is that right ? 

Mr. Pemberton. Yes, sir. 

Then we had about 10 or 12 that we were able to flush out and clean 
up before we started them, and we saved those engines. 

Mr. Kennedy. One of those trucks, the siruping occurred in Atlanta, 
Ga. ; is that correct ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. And the rest were in Tennessee and various other 
areas in Tennessee ? 

Mr. Pemberton. That is correct. 

Senator Curtis. Did you ever find any cans or barrels or kegs that 
this sirup was in? 



7082 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Pemberton. Yes, sir, they found a can in Atlanta that the 
sirup was used out of. 

Senator Curtis. In Tennessee, did they ever find any containers? 

Mr. Pemberton. No, sir. 

Senator Curtis. Were there ever any arrests made for that ? 

Mr. Pemberton. Not that I know of. 

Senator Curtis. It was reported ? 

Mr. Pemberton. Yes, sir. 

The Chairman. To go back to your loss of business that you re- 
ferred to, this first picture tliat I believe, or the first exhibit, where that 
truck was completely destroyed, you said it belonged to the company 
you served ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Did you lose the business of that company by reason 
of this violence ? 

Mr. Pemberton. No, sir. During the strike, we did lose part of 
their business, but we later regained it after the strike. 

Mr. Kennedy. As you have pointed out before, you were handling 
the business of Bush Bros. ; is that right 'I 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Did anything else occur to any of their trucks other 
than this dynamiting ? 

Mr. Pemberton. Yes, sir. There w^as 1 of their trucks, or 2 of their 
trucks stopped by 1 of our strikers near Williamsburg, Ky. 

Mr. Kennedy. And what happened then ? 

Mr. Pemberton. They were turned around and told they couldn't 
go on with that freight. 

The Chairman. Were they on a public highway ? 

Mr. Pemberton. Yes, sir ; they were pulled off by a gunboy off the 
highway and turned around and told to go back. 

The Chairman. There were a number of armed men; were there 
not? 

Mr. Pemberton. Yes, sir. 

The Chairman. And they had guns out ? 

Mr. Pemberton. Yes, sir. 

The Chairman. And they made them turn around and go back ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Was he able to identify — driver of the truck — able 
to identify any of these men ? 

Mr. Pemberton. Yes, sir, one of the men. 

The Chairman. Who did he identify ? 

Mr. Pemberton. Clarence Oaks. 

The Chairman. And he was a teamster official in Kentucky ? 

Mr. Pemberton. No, sir ; he was one of our strikers. 

The Chairman. One of the strikers from your company ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Was he prosecuted ? 

Mr. Pemberton. Yes, sir. 

The Chairman. And what did they find ? 

Mr. Pemberton. He was acquitted. 

The Chairman. Do you know who paid the legal fees for that per- 
son, for Oaks ? 

Mr. Pemberton. No. sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7083 

The Chairman. You don't know whether it was the local in Knox- 
ville,Tenn.? 

Mr. Pemberton. No, sir. 

The Chairman. He is still working for you ? 

Mr. Pemberton. He later came back, but then he quit. He is not 
with us at the present time. 

The Chairman. Was that under orders of the NLRB ? 

Mr. Pemberton. No, sir. 

Mr. Kennedy. Did anything further occur ? 

Mr. Pemberton. Well, on or about August 27, the repair shop where 
Ave have our work done — not owned by us, but they do all of our major 
repair — is was burned. We had a truck in that shop at the time. 

Mr. Kennedy. What is that ? 

Mr. Pemberton. We had a truck in the shop at the time it was 
burned. 

Mr. Kennedy. How much damage occurred in that ? 

Mr. Pemberton. Well, the damage to our truck was approximately 
$850, and the damage to the shop was $1,050, and there was another 
truck belonging to the Three Musketeers Products Co., damaged 
$1,8;39. 

Mr. Kennedy. Was anybody arrested in connection with that ? 

Mr. Pemberton. No, sir. 

Mr. Kennedy. There were no prosecutions ? 

Mr. Pemberton. No, sir. 

Mr. Kennedy. It was reported to the police, however ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Was there anything else ? 

The Chairman. Was there anything in connection with that to 
indicate arson, or was it just an unexplainable fire? 

Mr. Pemberton. Well, about a week before that we had a truck 
in that shop, and there was sirup put in the engines while it was sitting 
in that yard, in tlieir yard, and the building caught fire from the out- 
side of the building and apparently from the outside. 

The Chairman. There were circumstances or evidence indicating 
that it was an act of arson ? 

Mr. Pemberton. Yes, sir, 

Mr. Kennedy. Finally, there was another shooting ; is that riglit ? 

Mr. Pemberton. Yes, sir. About.October 1, near Caryville, Tenn,, 
we had another truck shot at. 

Mr. Kennedy. What damage occurred in that ? 

Mr. Pemberton. They shot a hole in the motor, and one in the 
radiator, and both front tires and rims were ruined. There were 
several shots hit the truck. 

Mr. Kennedy. Where was that ? 

Mr. Pemberton. In Caryville, Tenn. 

Mr. Kennedy. What was the damage ? 

Mr, Pemberton. Approximately $600. 

Mr. Kennedy. Was that reported to the police ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Were any arrests made in connection with that? 

Mr. Pemberton. Not that I know of. 

Mr. Kennedy. During this whole period of time, you and your wife 
were receiving these threatening phone calls ; is that right ? 

Mr. Pemberton. Yes, sir. 



7084 IMPROPEK ACTIVITIES IN THE LABOR FIELD 

The Chairman. Are you organized yet ? 

Mr. Pemberton. No, sir ; they dischximed interest in our company. 

The Chairman. Wlien did the violence stop with respect to the time 
of the disclaimer of interest ? 

Mr. Pemberton. It stopped at that time, sir. 

The Chairman. You have had none since the disclaimer of interest? 

Mr. Pemberton. No, sir. 

The Chairman. You had none before they undertook to organize? 

Mr. Pemberton. No, sir. 

The Chairman. All of the violence to which you have testified 
occurred during the period of their attempt to organize your 25 
employees ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. So altogether you had about a dozen acts of violence 
against you and your employees ; is that right? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. Including 3 shootings, several arsons, 2 dynamitings, 
and a slashing of tires ; is that right ? 

Mr. Pemberton. Yes, sir. 

Mr. Kennedy. And it occurred in Kentucky, Georgia, Tennessee, 
and Ohio ? 

Mr. Pemberton. Yes, sir. 

The Chairman. Is there anything further ? 

Senator Curtis. No ; I think not. 

Mr. Kennedy. That is all. 

The Chairman. Thank you very much. Call your next witness. 

Mr. Kennedy. Mr. Koy Byrd. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Byrd. I do. 

TESTIMONY OF EOY BYRD 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Byrd. My name is Koy Byrd. I live in Cincinnati, Ohio, and 
I work for Newman Pemberton Corp. ; terminal manager. 

The Chairman. How long have you been their employee ? 

Mr. Byrd. Approximately 5 years. 

The Chairman. You are advised of course that you have the right 
to counsel while you testify, if you so desire. 

Mr. Byiw. Yes, sir. 

The Chairman. You waive counsel ? 

Mr. Byrd. Yes, sir. 

The Chairman. Proceed. 

Mr. Kennedy. You are terminal manager of the Newman Pember- 
ton Corp. in Cincinnati, Ohio? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. How long have you held that position ? 

Mr. Byrd. Approximately 3 years. 

Mr. Kennedy. And prior to that time you were a truck driver ? 

Mr. Byrd. Eight. 

Mr. Kennedy. For how long were you a truck driver ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7085 

Mr. Byrd. For tlie company, approximately a year and a half. 

Mr. Kennedy. Prior to that, what were you doing ? 

Mr. Byrd. I drove a truck for different companies and myself. 

Mr. Kennedy. You were in the service before that, were you not ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. For how long were you in the service ? 

Mr. Byrd. Approximately 2 years. 

Mr. Kennedy. In the Army ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. During 1956, the teamsters attempted to organize 
your company ; is that right ? 

Mr. Byrd. That is right. 

Mr. Kennedy. And you and your fellow employees ? 

Mr. Byrd. Right. 

Mr. Kennedy. Were you at that time anxious to belong to the 
teamsters union or join the union ? 

Mr. Byrd. No, sir ; I was never approached to join. 

Mr. Kennedy. Did you want to join the union ? 

Mr. Byrd. No, sir. 

Mr. Kennedy. You were not interested in it ? 

Mr. Byrd. No, sir. 

Mr. Kennedy. Now, you were driving a truck ; is that right ? 

Mr. Byrd. Right. 

Mr. Kennedy. You were shot at while driving a truck ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. "V^^iile the teamsters were attempting their organiza- 
tion drive ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. When did that first occur ? 

Mr. Byrd. Probably the 1st of August, the first time. 

Mr. Kennedy. What happened ? 

Mr. Byrd. I met a car ; it passed me and shot at me as we were side 
by side ; and then, after it was behind me, it hit two tires on the trailer, 
on the back of the trailer. 

Mr. Kennedy. And you continued on ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Did you report that to the police ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Was any action taken, do you know ? 

Mr. Byrd. Not that I know of. 

Mr. Kennedy. Did you continue to drive ? 

Mr. Byrd. Yes, sir. 

Senator Curtis. Before we leave that, what time of day did it 
happen ? 

Mr. Byrd. It was probably 2 o'clock in the morning. 

Senator Curtis. Do you know what kind of a car it was ? 

Mr. Byrd. I couldn't swear. I think it was a Plymouth sedan. 

Senator Curtis. Do you know how many people were in it ? 

Mr. Byrd. No, sir ; I couldn't see. 

Senator Curtis. You couldn't get any license number ? 

Mr. Byrd. No ; I met them at a curve and they were gone before I 
noticed it. 

Mr. Kennedy. Were you shot at again ? 

Mr. Byrd. Yes, sir. 



7086 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Prior to going into that, during this period of time 
were you receiving any threatening telephone calls ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Could you tell us about that ? 

Mr. BviiD. I would get them, and they would say I shouldn't do 
this, or I couldn't do this. 

Mr. Kennedy. You shouldn't do what ? 

Mr. Byrd. Drive a truck. I am not supposed to work; they are on 
strike. I am not supposed to work. 

Mr. IvENNEDY. They told you not to work ; is that right ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Did your wife get any threatening telephone calls ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. They called your wife ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Wliat would they say to her ? 

Mr. Byrd. They were going to "bring me home in a blanket and put 
me on the porch. 

Mr. Kennedy. Was your wife upset ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Were you upset? 

Mr. Byrd. I was mad. 

Mr. Kennedy. After you were shot at the first time, and you re- 
ceived these threatening telephone calls that you would be put on a 
slab, and your wife received these threatening telephone calls, weren't 
you frightened at that time ? 

Mr. Byrd. No; just mad. 

Mr, Kennedy. You decided to continue to drive ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. And you did continue ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. And you were shot at again ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Would you tell us what happened ? 

Mr. Byrd. It was up a hill, and evidently there were 3 or 4 on an 
embankment to my left, and they waited until I was even or passed 
them, and then they started shooting. And they hit the truck, and 
I think it was either 14 or 16 times they hit the truck, and there was 
1 just grazed my back, and there was 1 went completely through 
my shoulder and out my arm. 

Mr. Kennedy. You were driving and you had another assistant 
there ? 

Mr, Byrd. Yes, sir. 

Mr. Kennedy. Wliere was he ? 

Mr. Byrd. He was asleep, laying down. 

Mr. Kennedy, And some of them, the bullets came right through 
the cabin ? 

Mr. Byrd. Yes, sir. 

Mr, Kennedy. And he Avas lying down ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. "Wliat would have happened to him if he had been 
sitting with you ? 

Mr. Byrd. It would have gone through his head. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7087 

Mr. Kennedy. What was the damage that occurred to you ? 

Mr. Byrd. I got a broken right shoulder, and arm, and they are 
both stiff now. 

Mr. Kennedy. Can you move all of your fingers ? 

Mr. Byrd. Yes, sir ; I can move my fingers and my arm to my elbow, 
but not above it. 

Mr. Kennedy. Above your elbow you can't move it ? 

Mr. Byrd. That is right. 

Mr. Kennedy. How long were you in the hospital ? 

Mr. Byrd. Twenty-nine days. 

Mr. Kennedy. Were you listed in critical condition ? 

Mr, Byrd. Yes, sir. 

Mr. Kennedy. Are you able to drive a truck at the present time? 

Mr. Byrd. No, sir. 

Mr. Kennedy. You can never drive a truck again ? 

Mr. Byrd. No, sir. 

Senator Curtis. What was the date of that ? 

Mr. Byrd. August 9, 1956, around midnight. 

Senator Curtis. Near what place in Tennessee ? 

Mr. Byrd. Near La Follette. 

Senator CuTtTis. Did you have to stop your truck immediately ( 

Mr. Byrd. Yes, sir. 

Senator Curtis. Did you see anybody around ? 

Mr. Byrd. No, sir. 

Senator Curtis. Now, these 3 or 4 people that were on the em- 
bankment, you saw those as you passed ? 

Mr. Byrd. No, sir; I am just assuming there were 3 or 4, with as 
many shots as were tired. I didn't see anybody. They were to my 
back. 

Senator Curtis. Did you lose consciousness ? 

Mr. Byrd. No, sir. 

Senator Curtis. When was that reported to the police authorities ? 

Mr. Byrd. That night. The boy who was with me unhooked the 
trailer and took me to the hospital, and then reported it to the highway 
patrol, and the Campbell County police. 

Senator Curtis. Did tlie}^ interview you ? 

Mr. Byrd. Yes, sir. 

Senator Curtis. How many times ? 

Mr. Byrd. Once that time, and about 4 days later. Only twice. 

Senator Curtis. Did they extract any bullets out of the truck ? 

Mr. Byrd. There is only fragments, and they didn't get a complete 
bullet. 

Senator Curtis. And the bullet that hit you did not lodge in your 
body but went on through ? 

Mr. Byrd. That is right. 

Senator Curtis. To your knowledge was anyone ever arrested ? 

Mr. Byrd. No, sir. 

Senator Curtis. Are you satisfied that those shots were fired by 
someone who had information as to your route that you were going 
to take that night, and the time of your departure ? 

Mr. Byrd. Yes, sir. 

Senator Curtis. Were any individuals picked up for questioning? 

Mr. Byrd. Not that I know of. 



7088 EMPROPER ACTR'ITIES IN THE LABOR FIELD 

Senator Curtis. No arrests at all ? 

Mr. Byrd. No. 

Senator Curtis, The officers cannot apprehend anyone for ques- 
tioning ? 

Mr. Byrd. I don't remember. I was in the hospital at the time, and 
they might have, but not after I was out, I don't think. 

The Chairman. Did they pursue the matter any further after you 
were out of the hospital ? 

Mr. Byrd. They never contacted me. 

The Chairman. The officers after you got out of the hospital, have 
never contacted you and never pursued the matter any further so far 
as you know ? 

Mr. Byrd. That's right. 

Mr. Kennedy. It was clearly an ambush, was it not ? 

Mr. Byrd. Yes, sir ; well planned, I would say. 

Mr. Kennedy. Because the first time you had to come around a 
corner ? 

Mr. Byrd. That is right. 

Mr. Kennedy. And you would have to slow down to come around 
the corner and then you have to come to the top of the hill. 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. So you would be going very slowly. 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. And to the best of your knowledge, you were shot at 
from both sides of the road ? 

Mr. Byrd. Only the left side. 

Mr. Kennedy. From the left side of the road ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. But there were more than one group of shots ? 

Mr. Bybd. Yes, sir. 

Mr. Kennedy. There were 16 or 14 bullets that hit the truck; is 
that right? 

Mr. Byrd. And there were some more in the road that never hit the 
truck, and you could see. 

Mr. Kennedy. And it was obviously, either an attempt to kill you 
and your companion, or there were so many bullets fired that you and 
your companion could very well have been killed ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. And if your companion had been sitting up straight, 
he would have been killed ? 

Mr. Byrd. Yes, sir. 

The Chairman. Did they fire from each side of the road? 

Mr. Byrd. No, sir ; just the left side. 

The Chairman. Just from the left side ? 

Mr. Byrd. Yes, sir. 

The Chairman. On the side of the driver ? 

]Mr. Byrd. Yes, sir ; and they were from an angle. 

The Chairman. Do you know whether your assistant driver had 
been threatened as you had ? 

Mr. Byrd. No : I couldn't say for sure, but I would say he had been. 

The Chairman. So they were primarily, of course, after the driver ? 

Mr. Byrd. Yes, sir. 

The Chairman. They could not know, though, that you would be 



IMPROPER ACTIVITIES IN TETE LABOR FIELD 7089 

the particular driver at the time, whether you or your assistant would 
actually be driving the truck, at the time of the shooting? 

Mr. Byrd. It was possible they could have. We made a stop 
approximately 40 miles from there. 

The Chairman. You had made a stop, and you had taken over the 
wheel ? 

Mr. Byrd. That's right. 

The Chairman. At a place where that could have been observed ? 

Mr. Byrd. That's right. 

The Chairman. And therefore they could have followed you up to 
that point or gotten ahead of vou and waylaid you? 

Mr. Byrd. That's right. 

Mr. Kennedy. You still have a good number of scars, have you not ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Both in your back and in the front where the bullet 
came out ? 

Mr. Byrd. Yes, sir. 

Mr. Kennedy. Would you be willing to exhibit them so that we 
might see them ? 

Mr. Byrd. Yes, sir; if you want me to. 

Mr. Kennedy. Well, 1 think you testified to these things, and no 
one is doubting what you are saying about it, but I would like to have 
you exhibit it here, and let a picture be made of it, aud I want to make 
that picture an exhibit to this testimony. 

Is that agreeable ? 

Senator Curtis. It is agreeable. 

The Chairman. If it is agreeable I would like to have you exhibit 
those wounds and let a picture be made, and I will ask the photogra- 
phers if they will accommodate the committee without being sub- 
penaed to deliver a copy of the photograph after it is developed, for 
exhibit 3 for this record. 

(At this point the witness removed the clothing from his shoulders 
and exhibited his bullet wounds. ) 

(The photograph referred to will be marked "Exhibit No. 3" for 
reference and may be found in the files of the select committee.) 

The Chairman. Thank you very much, Mr. Byrd. 

You will have to carry that disability all of your life and continue 
to be incapacitated and disabled from performing the duties of your 
occupation prior to the time you were injured ? 

Mr. Byrd. Yes, sir. 

The Chairman. And it is all because your employer would not sign 
a blackjack contract with the union ? 

Mr. Byrd. Yes, sir. 

The Chairman. And you didn't want to belong to the union, any- 
how. 

Mr. Byrd. That's right. They said I couldn't work. 

The Chairman. They said you couldn't work if you didn't. 

Mr. Byrd. Yes, sir. 

The Chairman. And this is the penalty you paid ? 

Mr. Byrd. That's right. 

The Chairman. For standing up for your rights as an American 
to have a job, to work at it, and to earn a living for yourself and your 
family ? 



7090 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Byrd. That is the way I look at it. 

The Chairman. Is there anything further, Senator ? 

Mr. Kennedy. That is all, Mr. Chairman. 

Senator Curtis. If I may interrupt, there are approximately 25 em- 
ployees of this trucking company. Did you know most of them ? 

Mr. Byrd. Yes, sir. 

Senator Curtis. In your opinion, the majority of them, did they 
want the union ? 

Mr. Byrd. No, sir ; I don't think so. 

Senator Curtis. Also, do you have an opinion as to whether or not 
some of them who did go along with the union, did so because they 
were intimidated or frightened ? 

Mr. Byrd. I wouldn't say that, and I don't know. But I would say 
that there were three categories. You have one that definitely do want 
it, and one that definitely don't, and you have got the others that just 
go along with the crowd. 

Senator Curtis. There were more that did not want it ? 

Mr. Byrd. I would say so ; yes, sir. 

Senator Curtis. That is all. 

The Chairman. Notwithstanding that it has never been definitely 
established by judicial processes and no one has ever been accused 
formally or prosecuted or convicted for this assault upon you, do you 
have a pretty good idea who did it ? 

Mr. Byrd. No, sir ; I don't have the slightest idea. 

The Chairman. You don't know, ancl you could not identify them? 

Mr. Byrd. I couldn't name any names. 

The Chairman. You could not name names ? 

Mr. Byrd. No, sir. 

The Chairman. Well, the Chair on behalf of the committee, wishes 
to thank you for your cooperation. I do not know what final results 
or what will finally be the fruits of our labors, but I am hopeful that 
out of this expose of gangsterism and crime and blackmail and violence 
that we can find and will be willing to enact some laws that will afford 
better protection to working people of this country who simply ask 
for their freedom, and nothing more, and just to work at an honest 
occupation and be left alone. I am hoping we can do it. 

Thank you very much. 

Mr. Byrd. Yes, sir. 

The Chairman. Call the next witness. 

Mr. Kennedy. Mr. Paul Andrews. 

The Chairman. You do solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Andrews. I do. 

TESTIMONY OF PAUL L. ANDREWS 

The Chairinian. State your name, your place of residence, and your 
business or occupation. 

Mr. Andrews. Paul L. Andrews. I live at 415 Landon Drive, Nash- 
ville, Tenn. I am vice president of the Thurston Motor Lines. 

The Chairman. Thurston Motor Lines ? 

Mr. Andrews. Yes, sir. 



IMPROPER ACTIVITIEiS IN THE LABOR FIELD 7091 

The Chairman. Do you waive counsel ? 

Mr. Andrews. Yes, sir. 

The Chairman. Proceed. 

Mr. Kennedy. Prior to becoming a vice president of Thurston 
Motor Lines, did you hold some other position in a motortrucking 
company ? 

Mr. Andrews. I was the president of B & S Motor Lines, with 
headquarters in Nashville, Tenn., until August 1, 1956, on which date 
we consummated a merger between my company and Thurston Motor 
Lines, and then B & S Motor Lines became as Thurston Motor Lines, 
a part of Thurston JMotor Lines. 

Mr. Kennedy. We are concerned primarily here with your opera- 
tions of the B & S Motor Lines Co. Could you tell us how big an 
operation that was ? 

Mr. Andrews. Well, at that time during the period that I think you 
are interested in, we operated three terminals. Our home terminal 
was Nashville, Tenn., and a terminal in Memphis, Tenn., and a termi- 
nal in Charlotte, N. C. 

jV£r. Kennedy. Now, could you tell the committee briefly as you 
liave told me about the situation regarding the union; tirst, the 
teamsters union and then tlie independent union, and what occurred, 
which culminated in the events that we will be primarily interested in ? 

Mr. Andrews. We had a little unique situation with respect to our 
over-the-road drivers. Our company owned the trailer part of the 
equipment and contracted with owner operators to pull the trailers, or 
to move the trailers from one terminal to the other, with their own 
equipment. In other words, they were independent contractors, con- 
tracting to the company to move its trailers and its freight. 
" Now then, there was another category of drivers, of course, being the 
local pickup and delivery and dockworkers that were actually em- 
ployees of the company. 

When I took over the company there, the teamsters union had a con- 
tract covering the local people. That is to say, they were contracting 
to represent the local pickup and delivery and dockworkers at the 
Nashville terminal, only. They were seeking to force me to sign a 
contract allowing them to represent the owner operators or the inde- 
pendent contractors who were pulling our trailers for us. We con- 
tended that there was no place for a union contract with that group of 
people in that they were businessmen of their own right and conse- 
quently it was not incumbent upon me to try to force a contract on 
people who were in business for themselves. 

I so advised the union numerous times. Then later, after tlie expi- 
ration of the teamsters union contract which was in etfect at the time 
that I took over the operation of this company, after that expired 

Mr. Kennedy. Just so we get that straight, that was with your 
local drivers; is that right? They were actually employees? 

Mr. Andrews. That's right. They were employees and, of course, 
had every right to belong to a union if they desired to. 

Mr. Kennedy. Your company did have a contract with the teamsters 
union in connection with those drivers ? 

Mr. Andrews. That's correct. That contract expired, I believe, on 
January 31, 1955. 



7092 IMPROPER ACTIVITIES IN THE LABOR FIELD 

In the meantime there had been this harassment going on there 
with the teamsters union trying to force recognition for tliese owner 
operators, so tliat apparently the local pickup and delivery drivers 
didn't like that too much and either they got interested in an inde- 
pendent union or the independent union got interested in them, one or 
the other, and there were eight such employees at the Nashville 
terminal. 

The independent union petitioned the National Labor Relations 
Board for an election. Of course, immediately then the teamsters 
union filed unfair labor charges, cnarging that we were dominating 
the men, and I don't know what ali. That held the thing up for some 
time, possibly 60 days perhaps, and I am not sure about the delay 
there. 

During that time a lot of violence occurred, which we will go into 
later, if you desire. But finally when the thing had run its gantlet, 
that is the unfair labor charges had run their gantlet of some 60 
days, the Labor Board came in and held an election as between no 
union at all, the independent union, and the teamsters union. 

Well, the result of the election was tliat the teamsters union didn't get 
a single vote. The independent union got all of the votes. 

So they no longer, of course, could represent that group. That left 
for them only the possibility of representing the owner-operators or 
the independent contractors, as we referred to them. 

Then the independent union, whicli had been successful in gaining 
recognition to represent the local pickup and delivery employees, filed 
a petition with the NLRB to represent the same group that the team- 
sters union were trying to represent. The Labor Board came in and 
made its investigation of the matter and determined that they were 
not employees, but rather that they were independent contractors 
and that the Labor Board had no place to take jurisdiction in this case, 
and consequently indicated tliere was no place for a labor union to enter 
the picture. 

But that did not deter the teamsters union, and they persisted and 
would go out and change their signs periodically from one thing to 
another, and persisted in picketing and all of the other disturbances. 

Mr. Kennedy. What did the union do ? 

Mr. Andrews. The independent union accepted the National Labor 
Relations Board decision and discarded any desire to represent that 
group of people. 

Mr. Kennedy. But the teamsters continued to attempt to represent 
them, is that right ? 

Mr. Andrews. That is right, sir. 

Mr. Kennedy. Tliat gives us the background and the history. 
During this period of time that you have been discussing, did you 
have conferences and conversations with teamster union officials? 

Mr. Andrews. Yes, I did between November of 1954 and May 2, I 
believe, of 1055. I had some 20 contacts with various officials of the 
Teamsters Union, Local 827, most of which contacts were initiated on 
the part of tlie union. In fact, all were, and most of which contacts 
resulted either directly or indirectly in certain threats. 

Mr. Kennedy. Will' you tell us what occurred as far as threats that 
were made to you during this period of time that was described and 
with whom vou had these conversations ? 



IMPROPER ACTIVITIElS IN THE LABOR FIELD 7093 

Mr. Andrews. In November of 195-1 business agents Ewing King 
and another business agent whose name I don't remember offliand, 
came to my office and told me that I had better get two of my inde- 
dependent contractors who they came to see me about, wliose name 
was Hampton and the other name was Johnson, to sign up with the 
teamsters union, to come into their union. I advised them that it was 
not my prerogative to either encourage or discourage membership in 
theirs or any other union. They left me with the very definite feeling 
that if I did not go ahead and exercise certain encouragement for these 
two individuals to become members of local 327 of the teamsters, that 
I could expect trouble with them. Of course, they didn't go into any 
elaboration as to just what the trouble would be but they made it very 
clear to me that if I didn't go along and encourage membership 
on the part of these two individuals I could expect trouble. 

Mr. Kjennedt. Then did you have further conversations with the 
other individuals ? 

Mr. Andrews. Yes. Later on December 7, in fact, Lordly, a stew- 
ard or business agent of the union, came on to our property at the 
Nashville terminal and was attempting to whip or beat up one of 
these same men we were just discussing and I went out and got him 
and brought him into my office and was conferring with him about 
the matter, trying to get the trouble straightened out there, and about 
that time right in the middle of our conference two of the teamsters' 
other business agents stormed into the office, almost broke the door 
down and entered my office, unannounced of course, and wanted to 
know what was going on. I kind of got the thing settled down a 
little bit there after a good bit of discussion and abusive language 
on their part, and they told me, in fact Bob Ozment 

Mr. Kennedy. 0-z-m-e-n-t? 

Mr. Andrews. Yes. 

Mr. Kennedy. Was he business agent ? 

Mr. Andrews. And so was Ewing King, who was the other busi- 
ness agent who stormed into my office. Bob Ozment told me he was 
going to stop these nonmiion drivers from pulling freight out of 
North Carolina into Nashville and through Nashville. I said, "Well, 
Bob, how are you going to go about it ? I am managing this business, 
I ought to be able to operate it." 

Then Ewing King spoke up and says, "Well, we have ways and 
means by which to do that." 

I said, "Mr. King, do you mean by that statement that you are 
going to take a club and beat someone over the head with it?" 

He looked at Ozment and said to him, "Andrews has been around, 
he knows how we operate ; doesn't he ?" 

That ended that conversation in that particular interview. 

Mr. Kennedy. During this period of time were some of your in- 
dependent contractors receiving threats ? 

Mr. Andrews. Yes; they did all through this period. Then later 
on December 17, 1954, the union and some of the trucklines had this 
grievance procedure set up. They were having a grievance meeting 
in Nashville. On this particular day a friend of mine from Knoxville, 
who is a representative of the Huber & Huber Motor Express, was 
participating on the side of management in this particular grievance 
conference. Later in the afternoon of this day he came to me and told 



7094 IMPROPER ACTIVITIES IN THE LABOR FIELD 

me that Bob Ozment, business manager of local 327, asked him to come 
and. tell me that if I did not get straight immediately with the Team- 
sters' Union Local 327 he was going to close me up. 

Along about this same time 2 individuals who apparently was 
W. A. Smith and Perry Canaday approached 2 of the independent 
contractors in the garage. 

Mr. Kennedy. Who is W. A. Smith ? 

Mr. Andrews. W. A. Smith was a business agent of local 327. 

Mr. Kennedy. Is he also known as "Duimny" Smith ? 

Mr. Andrews. That is right. 

Mr. Kennedy. And "Hard-Hearing Smitty" ? 

Mr. Andrews. That is right. 

Mr. Kennedy. He wears a hearing aid ? 

Mr. Andrews. Yes, sir. 

Mr. Kennedy. And he came ? 

Mr. Andrews. He along with Perry Canaday. 

Mr. Kennedy. C-a-n-a-d-a-y ? 

Mr. Andrews. That is right. He is a business agent for local 327. 
He approached these two drivers in the garage of tJie General Truck 
Sales at Nashville and made threats to them of bodily injury if they 
did not join their union. Then on January 4 of 1955 this same W. A. 
Smith that we were just discussing along with Perry Canaday and 
another individual or two whom I did not know drove onto my 
terminal lot and partially blocked a driveway there and stopped an 
Arnold Ligon truck, the driver of which was named Curtis. They 
took him out of the truck, brought him over to their car and started 
going through his bills. He was bringing freight to us, that is. In- 
terchange Traffic. I left my office and went out to the car to see what 
was going on there, and W. A. Smith, the business agent of 327, was 
sitting on the right side of the front seat of the automobile. 

As I approached the automobile Smith stormed out of the car, came 
around behind it and walked up to me, putting his toes on or against 
my toes with his nose about 3 inches from my nose, and started 
cursing me and using every kind of vile and filthy language that he 
could possibly think of for at least 3 or 4 minutes. 

He stood there continuing that kind of conversation until he ap- 
parently completely exhausted his vocabulary of all the vile and 
vulgar language he could think of, at which time, after I had not re- 
sponded as he apparently thought I would by making some move or 
another, then he very meekly and quietly withdrew himself and got 
back in the car and they drove away. But they succeeded in also 
sending the Arnold Ligon truck and driver away with my freight, 
too. 

Mr. Kennedy. Then they attempted to get you to sign a contract ? 

Senator Ctjrtis. Excuse me. 

Was there a hot cargo clause involved in that, their change of 
freight there ? 

Mr. Andrews. Yes, sir ; but that came later. That did not happen 
right at this time. \Vliat they were doing, they were putting the 
j3ressure, they would come out and sit — this was before the picket 
lines was set up, all this business was going on before they actually 
put up a picket line but they would some out and wait for the other 
drivers who wei:e members of their local to approach our terminal 



II^IPROPER ACTIVITIES IN THE LABOR FIELD 7095 

and then they would stop them as they had done this particuhir driver 
and send them away. 

Apparently they would threaten them or do whatever was neces- 
sary to cause them to take the freight away and not deliver it to us. 

On January 31, Bob Ozment, w^hom we have mentioned here be- 
fore and who was a business agent for local 327 of the teamsters, 
came into my office with some kind of mimeographed piece of paper 
and asked me to sign this contract. He threw it on my desk and said, 
"Sign that." I said, "What is it ?" 

He said, "That is the contract." There were only a couple of pages 
of it. I didn't know what it was. It looked more like a power of 
attorney to me. 

I said, "Mr. Ozment, that does not look like any contract to me. 
I suggest you contact my lawyer, Mr. Wilson Sims, because I have 
turned these matters of signing contracts over to him and will you 
please contact him about this business of signing a contract." 

He said, "We'll see about that but I am not interested in your law- 
yer signing any of the contracts. You are the man whose signature 
I want on this contract." 

Then he went on away but he told me that they were going to put 
up a picket line the next day. 

Wei], the next day they didn't put the picket line up as he threat- 
ened, but the following day, on February 2, 1955, they did erect the 
picket lines. 

Senator Curtis. 1956^ 

Mr. Andrews. 1955. 

Senator Curtis. 1955 ? 

Mr. Andrews. That's right. They did erect a picket line and we 
got that picket line removed by State court injunction. 

It was removed unconditionally. That held and all the violence 
and everything else stopped. Everything stopped and everything 
ran smoothly through there for awhile. On May 1, I believe it was, 
the State court modified the injunction to permit peaceful picketing 
only. Then immediately the next day Bob Ozment came to my office 
and said, "I am giving you one last chance to sign this contract before 
we set up a picket line." None of this time had he furnished me any 
information that even one single one of these independent contractors 
wanted to belong to his union or held membership in his union. 

The Chairman. Did he leave a copy of the contract for your exam- 
ination? 

Mr. Andrew^s. No, sir ; he carried it on with him. 

The Chairman. Did you ever read it? 

Mr. Andrews. I never did have an opportunity to read it. 

The Chairman. You never knew what was in it ? 

Mr. Andrews. No, sir. 

The Chairman. He was not asking you to read it. He was just 
asking you to sign it. 

Mr. Andrews. That is correct. 

Senator Curtis. Is that what they refer to as negotiating a contract ? 

Mr. Andrews. Well, maybe they considered it that, sir. 

Ozment, the next day after the injunction was modified, came to my 
office and says, "I am giving you one last chance to sign this contract," 
and he did not even take it out of his pocket this time. 

89330— 58— pt. 18 4 



7096 IMPROPER ACTIVrnES IN THE LABOR FIELD 

I said ":Mr. Ozment, have you contacted my attorney as I requested 
you to?*' He said, "I am not interested in contacting your attorney 
and you can sign this contract or else I am gonig to put up a picket 

line now." -n i, 4- 

I said, "'Well, now, so far as I am concerned you will have to go 
aheadandi)utupai)icketline." . n- n i .1 -i ^v 

So he loft my oflice and went on out and established the picket line. 

Mr. Kexxedy. Were there certain acts of violence committed against 
your company and against the employees of your company ? 

Mr. Andrews. Yes, sir. 

Mr. Kenxedy. Did they start on December 9, 1954 ? 

Mr. Andrews. Yes, sir. 

Mr. Kennedy. And continue through November 21, 1955 ? 

Mr. Andrews. That's correct. 

Mr. Kennedy. During this period of controversy ; is that right ? 

Mr. Andrews. Yes, sir. 

Mr. Kennedy. During that period of time, according to the records 
we have, tliere Avere some 34 separate acts of violence. 

Mr. Andrews. Actually 38. 

Mr. Kennedy. And they started on December 9, 1954, and went 
through the date I mentioned, November 21, 1955 ? 

Mr. Andiusws. Yes, sir. 

Among the acts of violence — this is not all of them — but among 
those acts of violence there were 19 shootings, 2 bombings, 1 slugging, 
and 6 syrupings and tire slashings. That, of course, is not all, but 
those constitute the major acts of violence. 

The Chairman. Nineteen shootings. '^Vllat is the other ? 

Mr. Andrews. Two bombings, 1 slugging, and 6 syrupings and tire 
slashings. 

Senator Curtis. How many arrests ? 

Mr. Andrews. Two individuals were arrested. 

Senator Curtis. How many convictions ? 

Mr. Andrews. We got two. They were arrested on the slugging 
charges, which was the last act of violence that we had. 

Mr. Kennedy. That is No. 140 on the chart over here. On Novem- 
ber 21, 1955, that is when this man was slugged ? 

Mr. Andrews. That's right. 

Mr. Kennedy. Could you tell us what occurred on that date ? 

:Mr. Andrews. On November 21, 1955 ? 

Mr. Kennedy. Yes. 

Mr. Andrews. If I could back up just a little to give you a little 
background prior to that, sir, after the State had modified this injunc- 
tion they came out and set up this picket line, then we started the other 
process of going the long route to the NLRB. 

So it went on the regular processes of trying to get the NLRB to 
handle the matter which finally culminated in our getting an injunc- 
tion 111 Federal court to completely remove the picket line. This 
injunction, I believe, was effective on October 16, 1955. Then, as you 
know, after a Federal court gives an injunction, then the NLRB sends 
Its trial examiner in to examine all the evidence to see whether or not 
the lu'(k'ral court has erred in its decision and will reexamine the 
whole process of evidence to determine whether or not the injunction 
shall stand or be dissolved. 



IMPROPER ACTIVITIES IN THE L.\BOR FIELD 7097 

Then we had set for the 26th of November a hearing before the trial 
examiner who was sent down to hear the evidence in our particular 
case. 

This boy who was slugged, Jimmie Bruce, had received a subpena 
to appear as a witness on behalf of the company at this hearing that 
was set before the trial examiner of NLRB, I believe, for November 
28. Just 1 week before that is when the slugging occurred. 

Now he had been served some several, oh, 3 or 4 weeks before that, 
with this subpena, as I recall. He was one of the principal witnesses 
to testify in the company's behalf at this hearing. 

Mr. Kennedy. What happened ? 

Mr. Andrews. About 6 p. m. on the night of November 21 I got 
a call from one of the other independent contractors advising me 
that someone had slugged Jimmie Bruce. 

Well, I told them to call an ambulance immediately, which they did, 
and sent him on to the hospital. I believe 6 of the other independent 
contractors were with him and they saw Shorty Richardson, and 
Shorty Richardson is connected in some capacity with teamster local 
327, I am not sure he is a business agent or steward or what. 

Mr. Kennedy. He is a member. 

Mr. Andreavs. At least a member. The other independent con- 
tractors who were with Bruce saw Shorty Richardson and Perry 
Canaday, business agent for local 327, drive in and around this res- 
taurant where this slugging took place. Then they came from behind 
the restaurant and got the fellow who actually did the slugging and 
carried him away in their automobile. 

Of course we immediately swore out warrants for and had arrested 
Shorty Richardson and Cannady. 

Mr. Kennedy. What happened to Bruce ? 

Mr. Andrews. Bruce remained in the hospital in a very critical 
state, unconscious actually for approximately 10 days. 

Mr. Kennedy. He was unconscious for 10 days ? 

Mr. Andrews. Yes. 

Mr. Kennedy. He had a fractured skull, did he ? 

Mr. Andrews. He had two fractures. He had a fracture on this 
side. He was hit on the left side and his jaw was fractured on the 
right side. 

Mr. Kennedy. Is he still somewhat incapacitated ? 

Mr. Andrews. Yes, sir; he is. It is my understanding that he is 
quite incapacitated. As a matter of fact, he never has returned to 
his job of driving his own truck for our company. 

Mr. Kennedy. That is some 2 years later ? 

Mr. Andrews. That's right. 

Mr. Kennedy. He still cannot work, himself ; is that right ? 

Mr. Andrews. No, sir. 

Mr. Kennedy. His wife is working ? 

Mr. Andrews. His wife is employed I understand and is the prin- 
cipal means of income. 

Mr. Kennedy. You paid his expenses in the hospital ; did you ? 

Mr. Andrews. Yes, sir. 

Mr. Kennedy. But he has no other source of income other than 
his wife's work at tlie present time. 

Mr. Andrews. That is all, to my knowledge. 



7098 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr Kexxfdy. Now, Mr. Chuirnian, we have all these acts starting 
witli Dec-ember 9 and going through this period of time. I don t 
know whether you would want them read into the record, there are 

about three pages. i. .. <.i -f 

The (^HViinivN. Do you have a copy of them to present to the wit- 
ness so that he might examine them and testify to them and then they 
will be properly authenticated for the record. 

Mr. Kenxedy. I think it might be well if he could follow them. 
Mavbe Mr. McShane can read them. ^, ^, ^, , „ ,, 

Tlie Chaikmax. I am going to have Mr, Mcbhane, member of the 
staff, and who has been sworn to testify at this series of hearings, 
read' these several incidents of violence to which you have referred 
and let you verify each one according to your knowledge as he reads 

them. n -^ 1 

I am doing it that way to shorten the testimony, and if there is 

anything, any error in what he reads, according to your knowledge, 

you so state, i • i 

Mr. Andrews. Mr. Chairman, do you want me to stop him each 

time and verify each one, or sliall he go ahead and proceed ? 

The CiiAiuMAX. After he has read each one you can say whether it 
is correct or make a modification or correction of it as to what you 
think is proper, under oath. 

You may proceed, ]Mr. McShane. 

Mr. McShane. December 9, 1954: Sirup was poured into the en- 
gines of 4 B. & S. trucks in the Nashville terminal; also, 6 tires were 
slashed on B. & S. trucks on this date. 
Mr. Andrews. That is correct. 

Mr. McShane. 2. December 9, 1954: Sirup was poured into the 
engines of 3 trucks in the B. & S. terminal in Memphis, Tenn. ; also, 
4 tires were slashed on B. & S. trucks in Memphis on this date. The 
estimated damage for both incidents on this date was $3,500. 
Mr. Andrews. That is correct, 

Mr. McShane. 3. January 29, 1955: A truck driven by W, E, 
Richardson of Charlotte, N. C, the property of McMillan Oil Com- 
pany of Charlotte, N. C, while in the Nashville B. & S. terminal, had 
sirup and abrasives put into its engine. Estimated damage, approxi- 
mately $1,000. 

Mr. Andrews. That is correct. 

Mr. McShane, 4, March 31, 1955 : Three strangers called on W. E. 
Richardson at his home in Charlotte, N. C, and attacked him with 
a knife, because he had given an affidavit in connection with the sirup- 
ing of his truck in Nashville on January 29. Richardson supplied 
Andrews an affidavit to support this statement. 
Mr. Andrews. That is correct. 

Mr. McShane. 5. April 1, 1955: Someone hurled a rock from a 
speed mg car tlirough the windshield of Jimmy Bruce's truck, Bruce 
at the time was an independent contractor for the B. & S, Lines. 
This incident occurred approximately 5 miles east of Knoxville, 
Mr. Andrews. That is correct. 

Mr. McSiiAXE. 6. May 21, 1955: At a point 25 miles east of Mem- 
phis, someone fired 5 shots at a B, & S. tractor pulling a Mundy 
trailer. Drivers on the unit at the time were John Fultz and Joe 
IIol)bs. P.otli were operating for Davis Robertson, owner of tlie 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7099 

tractor. Four of the shots apparently missed, but one bullet went 
through the trailer. 

Mr. Andrews. That is correct. 

Mr. McShane. 7. June 2, 1955 : Someone in the group of pickets 
in front of B. & S. terminal in Nashville stoned the home of George 
McConnell, while he was attempting to repair a television aerial on 
his house. Mr. McConnell at the time was a mechanic for B. & S. Motor 
Lines. 

Mr. Andrews. That is correct. 

Mr. McSiiANE. 8. June 12, 1955: At approximately 10:30 p. m., 
15 miles east of Knoxville, a shot was fired from an automobile into 
the windshield of J. R. Walker's truck which, at the time, was under 
contract with B. & S. Motor Lines. The bullet hit the steering wheel 
and deflected to the floor, probably saving the life of Tom Copeland, 
the driver. 

Mr. Andrews. That is correct. 

Mr. McShane. 9. June 12, 1955: At approximately 11 p. m., and 
20 miles east of Knoxville, 2 shots were fired at Davis Robertson's 
truck which, at that time, was under contract with B. & S. Motor 
Lines. One of the bullets punctured one of the tires on the trailer. 

Mr. Andrews. That is correct. 

Mr. McShane. 10. June 16, 1955 : At approximately 8 : 30 p. m., on 
U. S. 70, near Donelson, Tenn., a person believed to be Ray Proctor, 
one of the pickets, hurled a stone at James Peterson's truck, which 
ricocheted off the rear view mirror to the cab of the truck behind the 
head of the driver. 

Mr. Andrew^s. That is correct. 

Mr. McShane. 11. June 17, 1955 : Joe Franklin along with a group 
of other pickets, followed Carl Childress, an independent contractor 
for B. & S. Motor Lines, from the picket line to the junction of High- 
way 70. They stopped him and tried to get him out of his truck in 
order to assault him. 

Mr. Andrews. That is correct. 

Mr. McShane. 12. June 18, 1955 : At approximately 10 p. m., a car 
made two trips by the picket line and on each trip a shotgun blast was 
fired into the doors of the B. & S. Motor Lines terminal in Nashville. 

Mr. Andrews. That is correct. 

Mr. McShane. 13. June 23, 1955 : A. P. McKinney and Lloyd Bar- 
rett, while in their truck, were fired on near the North Carolina- 
Tennessee line on Highway 70, just on the North Carolina side. 

Mr. Andrews. That is correct. 

Mr. McShane. June 29, 1955: At approximately 4:30 a. m., be- 
tween Nashville and Bellemeade, on Highway 70, someone in a blue 
Mercury automobile fired on a truck driven by Paul Welch, who was 
at the time under contract to the B. & S. Motor Lines. 

Mr. Andrews. That is correct. 

Mr. McShane. July 2, 1955 : At 2 p. m., from a vacant lot inside the 
city limits of Nashville, 2 shots were fired at operators Harold Sey- 
more and Larry Beaver. 

July 2, 1955: A. A. Mullis and a person by the name of Childers, 
both of whom were pickets at Charlotte, N. C, stopped one of the 
company's trucks at the B. & S. terminal in Charlotte and pulled a 
colored boy, who was a helper on the truck, from the automobile and 



7100 IMPROPER ACTIVITIES m THE LABOR FIELD 

1 u;,.. ..Q hp nvide his ^retaway. At least one stone found its mark 

^^Zl . o\S bov-s head Mullis then proceeded to break tlie air line 

W t e t ule' i Ihrlractor, which Ld up the unit in the street. 

Pol ce were called and three guns were found on the picket line. 

The Cn!mMAN. You said three guns were found. Do you mean 

shotguns or what ? -, , , ^ ^i 

.A[r VxDREWS. Pistols and shotguns together. . . ^ .. , 

Mr" McShane. July 8, 1955 : At 2 am. approximately 4 miles east 
of Minnville, Tenn., Ted Barnett was fired upon from a blue Mercury 
automobile. 
Mr Andrews, That is correct. ^1^.1 

Mr! McShane. No. 18. July 8, 1955. At 11 : 50 p. m. on the ruck 
route through Knoxville, Tenn., someone hurled ^/^ea^y,?,'?^^^^' ^^■ 
lieved to be a 10- or 20-pound rock, from a light blue Cadillac auto- 
mobile meeting Kenneth Puckett's truck at a very high rate of speed 
The obiect misled the windshield of this truck by a few inches, crashed 
into the left front side of the trailer, knocking a hole m the trailer 
and denting a place on the left front of the trailer approximately 10 
inches square. 

Mr. Andrews. That is correct. 

Mr. McShane. No. 19. July 9, 1955. Someone disengaged the 
trailer connection between the tractor and the trailer on one ot the 
B & S units while it was being loaded at the Cold Storage Co., m 
Nashville, causing the tractor to drop the trailer, inflicting consider- 
able damage and placing lives of iimocent people m jeopardy. 
Mr. Andrews. That is correct. 

Mr McShane. No. 20. July 9, 1955. Shots were fired from a picket 
line at the Nashville terminal. Nathan Long, the company's rate 
clerk for B. & S., left the office, went out to investigate, and observed 
Kelvey Howell, one of the pickets, aiming a gun in the direction of 
the terminal. 
Mr. Andrews. That is correct. 

The Chairman. Did they ever do anything to these folks for carry- 
ing guns there and shooting on tiie picket line ? 
Mr. Andrews. No, sir. 

The Chairman. Even though they were identified ? 
Mr. Andrews. That is right. 

The Chairman. The local figures never took any action ? 
Mr. Andrews. No, sir ; they never did. 

The Chairman. Were these things reported to the local officials ? 
Mr. Andrews. Yes, sir. 

The Chairman. And no grand jury ever indicted them ? 
Mr. Andrews. No, sir. 
The Chairman. No arrests were made ? 

Mr. Andrews. No, sir ; except for this one instance, in the slugging 
instance. 

The Chairman. On one instance in all of these was an arrest made 
so far as you know ? 

Mr. Andrews. That is right. 
The Chairman. All right, proceed. 

Mr. McShane. No. 21. July 10, 1955, on Highway YO, just west of 
Lebanon, Tenn., a shotgun blast was fired into the left door of A. B. 
McKinney's tractor, blowing away part of his elbow. This man was 
hospitalized for se^-eral weeks thereafter. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7101 

Mr. Andrews. That is right, with the exception of the initials. It 
is "A. D.," not "A. B." 

Mr. McShane. No. 22. July 16, 1955. Kaymond Peterson's truck 
was fired on at approximately 9 p. m., approximately 20 miles east of 
McMinnville, Tenn. 

Mr. Andrews. That is correct. 

Mr. McShane. No. 23. July 23, 1955. A bomb was thrown into the 
B. & S. terminal lot at Charlotte, N. C, which came to rest and ex- 
ploded between 2 automobiles, inflicting considerable damage on the 
2 cars. No personal injuries were sustained. 

Mr. Andrews. That is correct. 

Mr. McShane. No. 24. August 15, 1955. V. H. Williams' truck 
was fired upon from an automobile parked in a side road 5 miles east 
of Collierville, Tenn. Several bullets punctured his left front tire 
and fender skirt just above the running board. 

Mr. Andrews. That is correct. 

Mr. McShane. No. 25. August 19, 1955. On Highway 70, ap- 
proximately 5 miles west of Rockwood, Tenn., someone fired on 
Davis Robertson's truck with a high-powered rifle from a car 
parked in a side road. A bullet penetrated a right front fender 
which was very heavy metal material and then went all the way 
through the right front tire. 

Mr. Andrews. That is right. 

Mr. McShane. No. 26. August 31, 1955. William Sherill, a col- 
ored delivery boy for the Safety Service Co. in Nashville, was run off 
by pickets with a shotgun, when he approached the terminal to make a 
delivery. 

Mr. Andrews. That is right. 

Mr. McShane. No. 27. September 17, 1955. A two-tone green 
Pontiac followed James Morris from the picket line out to Elm Hill 
Road and fired two shotgun blasts into his truck. One blast hit his 
left front fender and smashed the direction signal. The other blast 
hit the rear view mirror and came inside the cab behind the driver's 
head. Morris supplied an affidavit to Andrews supporting this 
statement. 

Mr. Andrews. That is correct. 

Mr. McShane. No. 28. September 22, 1955. At 3 a. m., at a point 
approximately 5 miles east of Nashville, on Highway 70, a shotgun 
blast was fired at William Sawyer's truck. The blast went just in front 
of the windshield and hit the rear-view window on the right side of 
the truck. Particles of the bumijig powder burned the face of the 
driver and his helper. 

Mr. Andrews. That is correct. 

Mr.McSHANE. No. 29. September 24, 1955. A bomb was placed on 
the left rear tires of B. & S. trailer No. 18 and exploded while the 
trailer was parked on the McKenzie Pa jama Co. plant at McKenzie, 
Tenn. Damages to the unit and freight were approximately $2,500. 

Mr. Andrews. That is correct. 

Mr. McShane. No. 30. September 25, 1955. At 2 a. m. approx- 
imately 3 miles west of Montery, Tenn., on U. S. Highway 70, three 
shots in rapid succession were fired on Fred Baker and the truck he 
was driving, which was owned by Heaton Brothers of Roane Moun- 
tain, Tenn., who had a contract with B. & S. Motor Lines at the time. 
None of the shots hit the driver of the truck. 



7102 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Andrews. That is correct. 

Mr McSiiANE. No. 31. September 26, 1955. Harold beymore 
and liis truck were fired on at 12 : 30 a. m., at a point between Cross- 
ville and Kockwood, Tenn., on United States Highway 70. Fortu- 
nately the blast missed the driver and the truck by barely going over 
the top of the cab and a few inches above the driver's head. 

Mr. Anduews. That is correct. 

:^rr. McShane. Xo. 32. October 21, 1955. At 2 : 30 a. m. on High- 
way 70, 2 miles west of Livingston, Tenn., Eaymond Peterson was 
fired upon, apparently from an automatic shotgun. Three shots of 
rapid succession struck the left front part of the cab of the truck. 
No personal injury was sustained. 

Mr. AxDKEws. That is correct, with the exception of the town being 
"Lebanon" instead of "Livingston." 

The Chairman. Lebanon? 

Mr. Andrews. Yes, sir. 

Mr. McSiiANE. No. 33. October 27, 1955. At 9:30 p. m. three 
shots were fired from an old model Hudson automobile as it passsed 
the front of the B. & S. terminal in Charlotte, N. C. 

Mr. Andrews. That is correct. 

Mr. McSiiANE. No. 34. November 21, 1955. At approximately 
6 p. m. James T. Bruce was slugged by an unknown assailant as he 
was leaving JNIartin's Restaurant on Murfreesboro Road, in Nash- 
ville, Tenn., where he and several other B. & S. contractors had just 
completed their dinner. 

The Chairman. Is that the slugging that you secured a conviction 
for? 

Mr. Andrews. Yes, sir. Of course the status of the case presently 
is that it is under appeal. They have appealed the lower court's in- 
dictment to the State supreme court. 

The Chairman. I understand from you, from this statement, that 
the man who actually did the slugging has not been identified. 

Mr. Andrews. He has not been. 

The Chairinian. So the two who are convicted are for accessories, 
are they? 

Mr. Andrews. Conspiracy. 

The Chairman. All right; proceed. 

Mr. McSiiANE. Perry Canaday and Shorty Richardson of local 327 
in Nashville were convicted of conspiracy in February 1957, in con- 
nection with this crime. 

Mr. Kennedy. I think we have had testimony on all this. That 
is it as far as we have it. Do you have something to supplement 
that ? 

Mr. Andrews. No, sir ; that is all. 

The Chairman. Let me ask you what has happened. These inde- 
pendent contractors have been organized ? 

Mr. Andrews. No, sir; not these, to my knowledge. They have 
never been organized. 

The Chairman. How many were actually involved that they were 
trying to organize when all this violence was Deing committed ? 

Mr. Andrews. About 50 men. 

The Chairman. There had been about 50 of those independent 
contractors? 



IMPROPER ACTIVITIES IX THE LABOR FIELD 7103 

Mr. Andrews. AVell, the independent contractors plus their em- 
ployees. 

The Chairman. Plus the employees ? 

Mr. Andrews. Yes. 

The Chairman. In other words, there were about 50 people that 
they were trying to organize. 

Mr. Andrews. That is right, sir. 

The Chairman. Some or all of this violence at least was committed 
during the period of time covered here from the first incident read to 
you by Mr. McShane down to the last incident of the slugging ? 

Mr. Andrews. Yes, sir. 

The Chairman. Yet they have not succeeded in organizing them? 

Mr. Andrews. No, sir. 

The Chairman. Those people down there are made of pretty strong 
stuff, aren't they, to resist all this ? 

Mr. Andrews. Yes, sir. I believe so. 

Senator Curtis. Has the National Labor Relations Board made a 
ruling as to their status and did they find that they were something 
other than employees ? 

Mr. Andrews. No, sir; tliat still stands. You mean other than 
independent contractors ? 

Senator Curtis. Yes. In other words, they found that they were 
not employees ? 

Mr. Andrews. Yes, sir; that is right, and that ruling still stands. 

Senator Curtis. Now were each and every one of these acts of 
violence reported to law officers ? 

Mr. Andrews. Yes, sir. There may have been 1 or 2 of the lesser 
ones that were not reported. Certainly these tliat you lieard about 
here wei"e reported. 

Senator Curtis. Was there ever any roundup of men who were 
carrying guns in the picket line or elsewhere I 

Mr. Andrews. No, sir ; not to my knowledge. The guns that were 
maintained on the picket lines so far as I know were shotguns or 
something they could say they could legally keep there. We pro- 
tested of course to the law-enforcement people. They said unless we 
could prove that they had them out there for some purpose of damag- 
ing somebody's property or injuring somebody bodily, they could not 
do anything about removing them. 

Senator Curtis. But there were shots fired froin tlie picket line; 
were there not ? 

Mr. Andrews. Yes, sir. 

Senator Curtis. Did they say what other kind of proof they 
wanted ? 

Mr. Andrews. No, sir; except to say that the fellow could have been 
shooting at birds or something like that, and they didn't know. Tliey 
had no proof of what they were shooting at. 

Senator Curtis. Did you have any proof of what they hit ? 

Mr. Andrews. No, sir. 

Senator Curtis. They did hit your terminal in one instance? 

Mr. Andrews. That shot came from an automobile passing by. 
Those two shots came from an automobile passing by wliere tlie picket 
line was. As a matter of fact there never was Avhat I consider a picket 
line. What they did was come out there and pitch a tent, a group of 



7104 IMPROPER ACnVITIE'S US' THE LABOR FIELD 

them cowered under that, and apparently used it as a base of opera- 
tions to follow these trucks out on the highway. 

Senator Curtis. Is it legal to hunt birds there at that plant? 

Mr. Andrews. Well, sir, I don't know. I can't answer that one. 

Senator Curtis. Are there any birds there to shoot at ? 

Mr. Andrews. No, sir; unless it would be sparrows or something 
like that. 

Senator Curtis. Sparrows ? 

Mr. Andrews. Yes, sir. 

Senator Curtis. Did any newspaper take this matter up, and 
present the facts to the public ? 

Mr. Andrew^s. Yes, sir; the Banner and the Nashville Tennessean 
both ran extensive stories on the matter, and in fact at one point, at 
least, I believe they listed the acts of violence in chronological order 
about as we have listed them here, or at least most of them. 

Senator Curtis. My sympathies are certainly with the people whq 
suffered from these acts of violence. Of course, until this committee 
completes its work, it cannot be ascertained just what legislation would 
be suggested. But it seems to me it is going to be impossible for the 
Government of the United States to provide a police force for every 
county and every city and every locality. I hope out of this investi- 
gation here, the good people of these communities involved will be 
aroused. I am satisfied they are in the majority, and certainly they 
can elect some officers who will maintain law and order. I hope that 
can be done. 

Mr. Kennedy. Wliat is your opinion as to the amount of law en- 
forcement that existed as far as the violence that occurred against you 
and your employees and your company was concerned? Were you 
satisfied or dissatisfied ? 

Mr. Andrews. Well, sir, of course, I was not satisfied. I would 
not have been satisfied with anything short of a very vigorous investi- 
gation resulting in conviction of each person responsible for each 
incident. 

Mr. Kennedy. Did you find a vigorous investigation ? 

Mr. Andrew^s. Not in all cases ; no, sir. 

Mr. Kennedy. Did you find it in a majority of the cases ? 

Mr. Andrews. No, sir ; I would say in the very minority of the cases 
was there vigorous investigation. I can only testify to those that I 
helped do the investigating. 

Mr. Kennedy. Were you involved or did you try to do some of the 
investigative work yourself ? 

Mr. Andrews. I did do some of it, along with some of the law- 
enforcement officers. 

Mr. Kennedy. "Wliere there was some shootings, two shootings that 
occurred, did you investigate that, on June 12, I believe? 

Mr. Andrews. Yes, sir, I did. I investigated, or at least made part 
of the investigation along with Officer Reynolds of the Tennessee 
Bureau of Identification. 

Mr. Kennedy. Did Officer Reynolds express to you any feeling 
about investigating a matter in which a labor union was involved, or 
a labor dispute ? 

Mr. Andrews I believe Mr. Reynolds did remark to me at one point 
that he felt more comfortable with someone with him on the investi- 
gation. 



IMPROPEK ACTIVITIES IN THE LABOR FIELD 7105 

Mr. Kennedy. Did he say anything else in connection with it ? 

Mr. Andrews. I believe that is about the extent of it, sir. 

The Chairman. You shared that comfort, did you not, whether you 
were with him or someone else ? 

Mr. Andrews. I believe we were mutually with that feeling, sir. 

Mr. Kennedy. Did he say there was any difficulty in proceeding in 
cases such as this ? 

Mr. Andrew^s. I don't recall him making that statement. We dis- 
cussed the matter. At various times the matter of difficulty in investi- 
gating acts arising from labor violence was discussed. Actually I 
don't know what Mr. Reynolds' feelings were in the matter, but I 
have felt personally that in the case of some law^-enforcement officials 
they were a little bit hesitant to really go all out and investigate 
vigorously these incidents arising from labor trouble and violence from 
labor trouble. 

Mr. Kennedy. What would you say were the losses to you and your 
company in connection with this problem that you had with the team- 
sters union that you have discussed with us today ? 

Mr. Andrews. We have arrived at what we consider a fair estimate 
on that, and that is $110,000. 

Mr. Kennedy. Do you have tliat broken down at all ? 

Mr. Andrews. No, sir ; not in detail. 

Mr. Kennedy. That is loss or damage to your property, and loss of 
business ? 

Mr. Andrew^s. Damage to our property, and loss of anticipated 
profits. In other words, it is comparing the period that the labor 
trouble went on with the immediate similar period, immediate past 
similar period. That would indicate that our business would have 
been at about that level, and that being the case, we would have antici- 
pated prohts of so much. We gaged that part of the damage on that 
basis, and not on loss of gross revenue, mind you, but on the loss of 
difficulty. That loss of prohts was brought about by the damage to 
our property, by the invoking of the "hot cargo"' clauses on our con- 
necting carriers, which cut oR the biggest source of our business, you 
see. 

Mr. Kennedy. What would be the gross business that you feel that 
3'ou have lost during this period ? 

Mr. Andrews. We were doing immediately prior to the labor 
trouble, a gross business of approximately $115,000 or $120,000 a 
month. Immediately after the invoking of the ''hot cargo" clause and 
all of the other trouble, our business dropped to about $75,000 a month, 
gross. 

Mr. Kennedy. That is about $40,000 each month ? 

Mr. Andrews. That's right. 

Mr. Kennedy. Of gross business that you lost during this period 
of time ? 

Mr. Andrews. That's correct. 

Mr. Kennedy. And that lasted for over 10 months, did it not, or 
about 12 months ? 

Mr. Andrews. Approximately that ; yes, sir. 

Mr. Kennedy. So that would'be over $400,000. 

Mr. Andrews. In gross business ; yes, sir. 

Mr. Kennedy. Between $400,000 and $500,000 ; is that right ? 

Mr. Andrews. Yes, sir. 



7106 IMPROPER ACXniTIES IN THE LABOR FIELD 

Mr. Kennedy. I think that is all. 

Perhaps there is one more thing. There was one man mentioned 
that was shot, and you had an independent contractor that was shot, 
is that right, who was actually hit % 

Mr. Andrews. That was A. D. McKinney. 

Mr. Kennedy. He was working for you at the time ? 

Mr. Andrews. Under a contract. 

Mr. Kennedy. As an independent contractor \ 

Mr. Andrews. Yes, sir. 

Mr. Kennedy. That is all. 

The Chairman. What is his condition? Did he recover ? 

Mr. Andrew^s. Not completely, sir. He has what I believe to be 
permanent injuries as a result of it. 

The Chairman. Thank you very much. 

Call the next witness. 

Mr. Kennedy. I want to call Mr. Duffy briefly. Mr. Andrews has 
testified as to the injunction that was put on the union and the activ- 
ities of the union during this period of time and Mr. Duffy has made 
an examination of the records of the teamsters union to determine 
what their attitude was toward that injunction, and I would like to 
have him tell the results of that. 

The Chairman. You will remain under your oath, Mr. Duffy, and 
proceed with your testimony as to the investigation you made and the 
examination of the records of the teamsters union and the local and 
whatever they reflect. 

TESTIMONY OF LaVERN J. DUFFY— Resumed 

Mr. Duffy. I have examined the minute book of teamster local 327 
in Nashville, Tenn., and I made a photostatic copy of the minutes of 
October 16, 1955, when a special meeting was called. I would like to 
read one excerpt from those minutes. 

The Chairman. The entire minutes may be made an exhibit for 
reference, exhibit No. 4, and you may read excerpts therefrom. 

(Document referred to was marked "Exhibit No. 4'' for reference 
and may be found in the flies of the select committee. ) 

Mr. Duffy. "Brother King, teamster business agent out of Nash- 
ville, stated B. & S. finally got an injunction but we were going to 
ignore because we had already put up new signs and had their freight 
cut off in Memphis." 

The Chairman. Is there anything further ? 

Mr. Kennedy. That is all. 

The Chairman. Call the next witness. 

Mr. Kennedy. Mr. McKinney. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. McKinney. I do, sir. 

TESTIMONY OF A. D. McKINNEY 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. McKinney. My name is A. D. McKinney, and I am a resident 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7107 

of South Carolina, and I am an independent lease operator for Thurs- 
ton IMotor Lines. 

The Chairman. You waive counsel, do you, Mr. McKinney ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. I can explain to you that you have the right to have 
an attorney present to advise you while you testify, as to your legal 
rights, if you desire. Do you waive counsel ? 

Mr. McKinney. Yes, sir. 

The Chairman. Thank you very much. 

All right, Mr. Kennedy, proceed. 

Mr. Kennedy. Your name is spelled M-c-K-i-n-n-e-y ; is that right ? 

Mr. McKinney. Yes, sir. 

Mr. Kennedy. And your first name is what ? 

Mr. McKinney. A. D. McKinney. 

Mr. Kennedy. You were driving a truck for the B. Sj S. Motor 
Lines ? 

Mr. McKinney. No, sir ; I had a truck leased to B. & S. 

Mr. Kennedy. You were an independent contractor doing work 
for them ? 

Mr. McKinney. Yes, sir. 

Mr. Kennedy. During this period of time, 1954 and 1955, there were 
attempts by the teamster-s union to organize you ; is that right? 

Mr. McKinney. No, sir. 

Mr, Kennedy. There were not ? 

Mr. McKinney. No, sir. 

Mr. Kennedy. Weren't the teamsters attempting to organize that 
company ? 

Mr. McKinney. Well, they were attempting to organize it, but they 
never did approach me. 

Mr. Kennedy. But they were attempting to organize the company, 
and that would have included the independent contractors, although 
you yourself were not approached ; is that right ? 

Mr. McKinney. That's right. 

Mr. Kennedy. Now, on June 23, 1955, while you were driving a 
truck, were you fired upon ? 

Mr. McKinney. Yes, sir. 

Mr. Kennedy. And where was tliat ? TVliere did that occur ? 

Mr. McKinney. That occurred between Hot Springs, N. C, and 
Marshall, N.C. 

Mr. Kennedy. And it was on the North Carolina side? 

Mr. McKinney. Yes, sir. 

Mr. Kennedy. You were in North Carolina ? 

Mr. McKinney. Yes, sir. 

Mr. Kennedy. Could you tell us what occurred ? 

Mr. McKinney. An automobile met us on a curve and fired. 

Mr. Kennedy. It did what ? 

Mr. McKinney. An automobile met us on a curve and fired upon 
us and never stopped, and it just kept on going. 

Mr. Kennedy. It was coming from the opposite direction ? 

Mr. McKinney. Yes, sir, 

Mr. Kennedy. As you were going around a corner they fired ? 

Mr. McKinney. Yes, sir. 

Mr. Kennedy. Did any of the bullets hit the truck ? 



7108 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. McKiNNET. Not that we could tell ; no. 

Mr. Kennedy. Did anything occur after that ? Could you identify 
them ? 

Mr. McKiNNEY. I couldn't identify the automobile. 

Mr. Kennedy. But you reported it to your employer or to Mr. 
Andrews ? 

Mr. McKiNNEY. I was en route to Charlotte, N. C, and as soon as I 
got in I reported it. 

Mr. Kennedy. Then did something occur on July 10, 1955, near 
Lebanon, Tenn. ? 

Mr. McKiNNEY. I was fired upon approximately 2 or 3 miles west 
of Lebanon, and a car was meeting me that time. 

Mr. Kennedy. Could you identify that at all ? 

Mr. IMgKinney. No, sir. 

Mr. Kennedy. Did the shot hit the truck or hit your car ? 

Mr. McKiNNEY. I never did get a chance to find out. 

Mr. Kennedy. Did anything else occur that evening ? 

Mr. McKiNNEY. Yes, sir ; in approximaately 10 more miles 

Mr. Kennedy. During this period of time were you frightened about 
driving your truck ? 

Mr. McKiNNY. No, sir ; not too much. 

Mr. Kennedy. Even though you had been shot at twice already ? 

Mr. McKiNNEY. Yes, sir. 

Mr. Kennedy. It didn't frighten you ? 

Mr. McKiNNEY. No ; not too much. 

The Chairman. Why ? Because you thought 

Mr. McKiNNEY. Because I didn't think they would shoot inten- 
tionally to kill, and I thought they were just shooting at tires and 
stuff like that, and that is why I wasn't frightened too much. 

The Chairman. You didn't think that they were actually shooting 
to hit you ? 

Mr. McKiNNEY. Not to kill me or to hit anybody. 

The Chairman. Did you learn differently ? 

Mr. McKiNNEY. Yes, sir ; about 10 more miles I learned differently. 

The Chairman. What happened then ? 

Mr. McKiNNEY. Ten more miles, an automobile going the same di- 
rection I was going pulled up alongside of my tractor, and apparently 
the blast came from the back seat of the automobile and it was a shot- 
gun blast ; and so, by the way the flare was, they must have fired both 
barrels, because it just blinded me for a few minutes. 

The Chairman. Were they shooting just at the truck or the tires 
at that time ? 

:Mr. IMcKiNNEY. No, sir. The shot hit me in the left arm, and the 
left side of the truck. 

The Chairman. And your elbow in here ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. Is that where it hit you ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. Could it have killed you ? 

Mr. McKiNNEY. Yes, sir, if it had been raised or if the barrel had 
been raised another inch he would probably have killed me. 

The Chairman. But you having your elbow out there, it saved your 
life? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7109 

Mr. McKiNNEY. Yes, sir. 

The Chairman. And having it that much lower saved your life ; is 
that right? 

Mr. McKiNNEY. Well, and having the barrel that much lower, I 
would say, it saved me. 

Mr. Kennedy. What happened after that? What did you do ? 

Mr. McKiNNEY. Well, at that time, I kind of turned loose of the 
steering wheel, and I like to run off the left-hand side of the road, and 
I pulled the tractor-trailer back into the road and an automobile slowed 
down in front of me. 

Mr. Kennedy. The same automobile ? 

Mr. McKiNNEY. Yes, sir. 

Mr. Kennedy. And you thought they might shoot at you again ? 

Mr. McKiNNEY. Yes, sir, I thought they were going to shoot again. 

Mr. Kennedy. Did they shoot again ? 

Mr. McKiNNEY. No, sir. 

Mr. Kennedy. Did you keep driving your truck in, then ? 

Mr. McKiNNEY. Yes, sir ; and I drove the truck to Donaldson which 
was about 10 miles. 

Mr, Kennedy. What happened there ? 

Mr. McKiNNEY. The police in Donaldson stopped me because I was 
weaving back and forth across the road and they wanted to know 
what was wrong with me and I told them I had been shot. We parked 
the truck and he took me to the hospital in his automobile. 

Mr. Kennedy. You were taken to a hospital ? 

Mr. McKiNNEY. Yes, sir. 

Mr. Kennedy. What did the hospital find out? What did they 
diagnose had happened ? 

Mr. McKiNNEY. They found the bone had been shattered. 

Mr. Kennedy. Wliat was that ? 

Mr. McKiNNEY. The bone had been shattered. 

Mr. Kennedy. The bone in your elbow had been shattered ? 

Mr. McKiNNEY. Yes, sir, and they wanted to wait awhile until all, 
and it was messed up full of shot and they wanted to wait for about a 
week until it cleared up before they could operate on it, and during 
that time I went to the terminal and I was operated on there. 

Mr. Kennedy. Do you have any injuries or any effect from the 
wound, the shotgun wound ? 

Mr. McKiNNEY. Yes, sir, the shotgun tore all of the nerve system 
up in my left arm, and left my two fingers numb. 

Mr. Kennedy. You can still drive a truck, however. 

Mr. McKiNNEY. Yes, sir. 

Mr. Kennedy. Does it give you any pain at the present time? 

Mr. McKiNNEY. Yes, sir, it does. 

Mr. Kennedy. So you still feel it and you have lost the feeling in 
two of your fingers ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. Have you ever joined a union yet ? 

Mr. McKiNNEY. No, sir. 

The Chairman. You don't like that kind of life ? 

Mr. McKiNNEY. No, sir. 

Senator Curtis. Was anyone ever arrested for this? 

Mr. McKiNNEY. No, sir, not that I know of. 



7110 IMPROPER ACTIVITIES Kv^ THE LABOR FIELD 

Senator Curtis. Was an investigation made I 

Mr. McKiNNEY. Yes, sir. 

Senator Curtis. Was anyone ever picked up or questioned? 

Mr. MgKinney. Not that I know of. 

The Chairman. Had the car from which the shot came preced- 
ed you up the highway % In other words, did you drive along behind 
it and did you follow it ? 

Mr. McKiNNEY. No, sir. In fact, the automobile which I was shot 
from apparently had come up and approached me from the back 
pretty fast, and in fact I didn't even know it was back there mitil it 
was up alongside of me. 

The Chairman. What I am talking about is you said you swerved 
and nearly went off the highway to the left and you pulled the car 
back on the road, and this car slowed down in front of you. 

Mr. McKiNNEY. Yes, sir, and the automobile when he shot, he kept 
on going up in front of me. 

The Chairman. He was in front of you, but he slowed down and 
you were apprehensive that he might shoot again % 

Mr. McKiNNEY. Yes, sir, because I have a truck, and it has the 
whole front of it 

The Chairman. And he got in front of you ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. Did you follow him? You drove on in, and did 
you observe the car and could you follow it ? 

Mr. McKiNNEY. Well, no, sir, I started pulling on up toward where 
he was and when I got up pretty close to him, he pulled on away fast 
and he left and I never saw him again. 

The Chairman, He did proceed up ahead of you ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. And you drove about 10 miles and a policeman 
stopped you ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. Do you think the policeman had any information 
that you had been shot ? 

Mr. McKiNNEY. That I couldn't answer. 

The Chairman. He observed that you were not driving properly ? 

Mr. McKiNNEY. Yes, sir. 

The Chairman. And something was wrong with your driving and 
therefore he stopped you ? 

Mr. McKiNNEY. That's right. 

The Chairman. Do you know whether that policeman ever made 
any inquiry to check on what car had passed ahead of you ? 

Mr. McKiNNEY. No, sir, I don't know. 

The Chairman. Did he ever take any interest in the case and come 
back and try to talk to you about it ? 

Mr. McKiNNEY. The sheriff of Lebanon came up there and asked 
me if I knew what kind of an automobile it was, and who shot me, 
and that, as far as I know, is all. 

The Chairman. Did they ever contact you any more after that^ 

Mr. McKiNNEY. No, sir. 

The Chairman. Did you ever hear any more about an investiga- 
tion of it after that? 

Mr. McKiNNEY. No, sir, I never did. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7111 

The Chairman. All right, Mr. Kennedy. 

Mr. Kennedy. You might just show us the place where you were 
shot. Could you roll up your sleeve there ? 

Mr. McKiNNEY. Yes, sir. 

(The witness uncovered his arm.) 

The Chairman. The photographers may make pictures of it, and 
a picture of the injuries may be made exhibit No. 5. 

(Photograph referred to will be marked "Exhibit No. 5'' for 
reference and may be fouiul in the Hies of the select committee.) 

Mr. Kennedy. Did you give up driving a truck after that? 

Mr. McKiNNEY. No, sir. 

Mr. Kennedy. Were you frightened then ? 

Mr. McKiNNEY. No, sir ; I was more alert, though. 

Mr. Kennedy. Did you start carrying a gim yourself then? 

Mr. McKiNNEY. Yes, sir. 

Mr. Kennedy. But you never had to use it ; is that right ? 

Mr. McKiNNEY. No, sir, I never did get a chance to use it. 

The Chairman. You never got a chance ? 

Mr. McKiNNEY. No. 

The Chairman. Is there anything further? 

I notice the time. Counsel advises the Chair that it is time we 
could properly recess, and so we will stand in recess until 10 o'clock 
in the morning. 

(Thereupon, at 4:40 p. m., the select committee recessed, to re- 
convene at 10 a. m., Friday, December 6, 1957.) 

(Members of the select committe present: Senators McClellan and 
Curtis.) 



pt. 18 — 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



FRIDAY, DECEMBER 6, 1957 

United States Senate, 
Select Committee on Improper Activities 

IN THE Labor or Management Field, 

Washington^ D. G. 

The select committee reconvened at 10 a. m., pursuant to Senate 
Resolution 74, agreed to January 30, 1957, in the caucus room. Senate 
Office Building, Senator John L. McClellan (chairman of the select 
committee) presiding. 

Present : Senator John L. McClellan, Democrat, Arkansas ; Senator 
Carl T. Curtis, Republican, Nebraska. 

Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy, 
investigator; James P. McShane, investigator; Ruth Y. Watt, chief 
clerk. 

The Chairman. The committee will be in order. 

(Members of the committee present at the convening of the session : 
Senators McClellan and Curtis. ) 

The Chairman. Call the first witness. 

Mr. Kennedy. Mr. John Reynolds. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Reynolds. I do. 

TESTIMONY OE JOHN T. REYNOLDS 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Reynolds. John T. Reynolds, investigator with the Tennessee 
Bureau of Criminal IdentificatiQu ; I live at 2808 East Fifth Avenue, 
Knoxville, Tenn. 

The Chairman. How long have you held that position, Mr. 
Reynolds ? 

Mr. Reynolds. I have been with the bureau since April 1953. 

The Chairman. Do you waive counsel ? 

Mr. Reynolds. Yes, sir. 

The Chairman. Thank you. 

Mr. Kennedy. What investigative experience had you had prior to 
that time ? 

Mr. Reynolds. I investigated arson for the State fire marshal's 
office of Tennessee for 14 years. 

Mr. Kennedy. You were an agent for the Tennessee Bureau of 
Criminal Investigation in 1955 ? 

7113 



7114 IMPROPER ACTIVITIEiS IN THE lABOR FIELD 

Mr. Reynolds. Yes, sir. 

Mr. Kennedy. And specifically in June of 1955 ? 

Mr. Reynolds. Yes, sir. 

Mr. Kennedy. Were you instructed to investigate 2 shootings that 
took place on June 12, 1955 ? 

Mr. Reynolds. I was. 

Mr. Kennedy. And they were shootings that occurred in connection 
with the B. & S. Trucking Co. ; is that right % 

Mr. Reynolds. That is correct. 

Mr. Kennedy. Now, Mr. Chairman, we had a witness who testified 
yesterday regarding the acts of violence against his company, the 
B. & S. Trucking Co. ; and we are going today, this morning, with this 
first witness into 2 of the shootings that took place on the night of 
June 12, 1 believe, 1955. 

Mr. Reynolds. That is correct. 

Mr. Kennedy. Could you tell us what the facts were and then what 
you found in your investigation ? 

Mr. Reynolds. I first learned of this through a call to my office and 
they instructed me to meet Mr. Paul Andrews in Knoxville, who 
would go over some of the facts of the case. I did this, and on Tues- 
day morning I started an investigation. That was the 14th. 

Mr. Kennedy. That was on June 14 ? 

Mr. Reynolds. Tliat is right. 

Mr. Kennedy. Now, the shootings, as I understand it, one had 
taken place at 11 : 15 on the night of June 12, approximately, and one 
at 11: 45; is that right? 

Mr. Reynolds. That is correct, so far as the drivers told me. 

Mr. Kennedy. Where had those shootings taken place ? 

Mr. Reynolds. One of them was just inside of Knox County, be- 
fore you got to the Sevier County line, on the Ashville Highway, out 
of Knoxville, between Knoxville and Dandridge. The other one was 
just about probably 21/2 or 3 miles further, in Sevier County. 

Mr. Kennedy. They were not on tlie same highway ? 

Mr. Reynolds. On the same highway. 

Mr. Kennedy. Highway 70 ? 

Mr. Reynolds. Highway 70 ; yes. 

Mr. Kennedy. Did Mr. Andrews give you information that he 
thought the one responsible for the shooting had registered at a hotel 
under an alias? 

Mr. Reynolds. He gave me information that William Smith had 
registered in the hotel. 

The Chairman. ^Yliat is that ? 

Mr. Reynolds. William x\rthur Smith, who was business agent for 
the teamsters, local 327, in Nashville, I believe. 

Mr. Kennedy. He had registered at the Hotel Farragut; is that 
right? 

Mr. Reynolds. That is right. 

Mr. Kennedy. So did you check that ? 

Mr. Reynolds. Yes, sir; I first contacted the clerk who was on duty 
at the time he checked in. He came there about 6 : 45 on Sunday 
morning and drove into the garage, according to the attendant tliere, 
and he called the clerk and asked if he could get a room. He told him 
he could and he left without giving him a name ; so he asked him his 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7115 

name. He gave his name as Tommy Jackson. Then the attendant 
in the garage, he also takes the license number down, which he did, 
and he put down Tommy Jackson on the ticket. 

Mr. IvENNEDY. Did he give his address at that time ? 

Mr. Reynolds. He did not. 

Mr. IvENNEDY. He did not give his address ? 

Mr. Reynolds. No. Then he went up to the desk and the clerk 
said that he set a pint of liquor on the desk and registered as Tommy 
Jackson, and put no address whatsoever. It was a lady and she told 
him slie wanted an address on the registration, and he just put down 
Nashville, Tenn. ; that is all he put. 

The Chairman. Did you secure the registration card from the 
hotel? 

Mr. Reynolds. I did not myself, but I saw the registration card. 

The Chairman. Would you recognize it if you saw it? 

Mr. Reynolds. I am not sure, but it seemed like Mr. Andrews has 
got the card. 

The Chairman. All right. 

Mr. Reynolds. So I talked also to the garage man that night, that 
was on duty Sunday night, when this same man. Tommy Jackson, 
came down to get his car. By reason of no address, they put a c. o. d. 
before they would let him take the car out. So he had to call up the 
clerk and get that straightened out, and the garage man said he left 
in a hurry. This was ahout between 10 : 30 and 10 : 40 Sunday night. 

The Chairman. Sunday night ? 

Mr. Reynolds. Yes, sir, and the reason the attendant said he was 
certain of that time, was because the night clerk came on duty at 10 : 30, 
and he had just come on. 

Mr. Kennedy. Sunday was June 12, was it not? 

Mr. Reynolds. June 12, that is right. 

The driver of the first truck told me that that occurred at 11 : 15 
and this car had passed them and then turned around and passed them 
going in the same direction, as I understand it, and they turned around 
and he felt pretty sure it was the same car. Of course, he could not 
see too well with the bright lights shining on him in the face, and he 
stated that the car had the bright lights on and therefore he could 
not see it too good. They shot into the truck, and he did not know 
the truck had "been hit until he had gotten over in North Carolina, 
wherever he was headed, and he stopped and he found that one of his 
tires was just worn to threads. One bullet had gone through the inside 
right rear of tlie tractor. This tire had a bullet inside of it, which 
was worn slick with no markings on it whatsoever. 

Then the other truck was shot into in the same way, by a car shining 
its bright lights on him and that shot hit the hood of the car, rico- 
cheted through the windshield right in front of the driver, and hit the 
steering wheel and dropped to the floor. I have that bullet which has 
fairly good markings on it. But we have never been able to locate 
the gun. 

Mr. Kennedy. Were either one of these drivers able to identify the 
car at all ? 

Mr. Reynolds. No more than to say it looked like it was similar, 

Mr. Kennedy. Similar to what ? 

Mr. Reynolds. Well, the car I am speaking of is the car that Smith 
used which was a Buick, 1955 red and white Buick. 



7116 IMPROPER ACTIVITIES I]^f THE LABOR FIELD 

The Chairman. Red and white ? 

Mr. Reynolds. I believe that was the color. 

Mr. Kennedy. So the driver who was shot at was able to identify 
what he thought was a Buick and the colors were red and white, and 
when you checked Mr. Tommy Jackson's car at this hotel, who in 
reality was Mr. W. A. Smith, he also had a Buick which was red and 
white ; isn't that right ? 

Mr. Reynolds. That is right. Now, the driver at the time did not 
say it was red and white, and he said it was a light colored car, and 
the car of the first truck that was shot at, where this car passed him, he 
said it was similar to the car that had passed him and it must have 
turned around and come back. 

Mr. Kennedy. Did you ask him what color it was ? 

Mr. Reynolds. Yes, but he was not definite in it, and he just said 
a light car. 

Mr. Kennedy. Did either one of them mention that the color of the 
car was red and white ; one of them at least said they thought it was a 
1954 or 1955 Buick ; did they not? 

Mr. Reynolds. That is right. 

Mr. Kennedy. And this car that you found registered in the name 
of Tommy Jackson was a Buick ; was it not ? 

Mr. Reynolds. That is right. 

Mr. Kennedy. And didn't one of them give the color of the car ? 

Mr. Reynolds. I will have to look at the data I have. I have state- 
ments. 

One of them said it was sort of yellow — that was Robertson — Cope- 
land said it was a light-colored car. That is all I have got in their 
two statements, Mr. Kennedy. 

Mr. Kennedy. All right. One of the drivers said the shooting 
occurred around 11 : 15, and the other around 11 : 45 ? 

Mr. Reynolds. That is right. 

Mr. Kennedy. Did you check any further to find out what the 
activities of "Mr. Tommy Jackson" or Mr. Smith were ? 

Mr. Reynolds. Of course, I had already found, after I had found 
out who he was, and I did that definitely by checking his baggage which 
the police had under lock there at the hotel. 

Mr. Kennedy. By checking his luggage, you found out that "Mr. 
Tommy Jackson" was in fact W. A. Smith ? 

Mr. Reynolds. That is correct. 

Mr. Kennedy. The business agent from local 327 in Nashville; is 
that right? 

Mr. Reynolds. That is right. 

Now, the automobile was not registered in his name, and it was 
registered in the name of Bobby Marstan of Nashville. I checked 
that through the highway patrol and at the same time I had an agent 
out of Nashville office try and contact him, but I later contacted him 
myself. 

Mr. Kennedy. He is the teamster official in Nashville ? 

Mr, Reynolds. Yes ; he has some connection with the union. 

Mr. Kennedy. He is a member of the teamsters union ? 

Mr. Reynolds. Yes. He told me at the time that he had loaned the 
car to William Arthur Smith, and that he had not brought it back 
yet. So he told what it was, Buick, 1955 Buick, red and white, which 



DVLPBOPER ACTIVITIES IN THE LABOR FIELD 7117 

tallied with the one Smith was driving in Knoxville. Now, then, at 
11:45, after the last shot was fired, that distance from Maryville, 
Tenn., in my opinion, is approximately 45 minutes to an hour ride. 
At 12 : 45 at Maryville Hospital they admitted William Arthur Smith 
as a patient, and he had a shot through his left arm that went in up 
here and came out on the inside here. 

Mr. Kennedy. This is the same man ? 

Mr. Reynolds. That is the same man who left the hotel at 10 : 30 to 
10 : 40 approximately. 

Mr. Kennedy. And he came to the hospital at 12 : 45 ? 

Mr. Reynolds. That is right; that was an hour exactly after the 
time that the drivers gave me for the last shooting. 

Mr. Kennedy. And from the spot of the last shooting to the hospital 
was approximately an hour's drive ; is that right ? 

Mr. Reynolds. Approximately. 

Mr. Kennedy. And he had a shot in his arm ? 

Mr. Reynolds. That is right. It had gone all of the way through 
and there wasn't any shot in it. 

jNIr. Kennedy. Did you inquire at the hospital about it ? 

Mr. Reynolds. Yes, sir; and I talked to the doctor who attended 
him and admitted him. 

Mr. Kennedy. What did they tell you ? 

Mr. Reynolds. They stated that William Arthur Smith, of Nash- 
ville, Tenn., was registered in Maryville Hospital at 12 : 45 a. m., 
June 13. 

Mr. Kennedy. Did they tell you that he refused to give any informa- 
tion regarding how the wound occurred ? 

Mr. Reynolds. Yes, sir. He wouldn't give them any information, 
and refused to give any history of former accidents or sickness, which 
he had had, which was customary in the hospital. 

Mr. Kennedy. He refused to give them any information at all and 
he would not tell them specifically as to how this gunshot wound had 
occurred in his arm ? 

Mr. Reynolds. No; other than to say that a friend of his did it 
accidentally. That, by the way, is what he told me, and he said there 
wasn't any law against being shot and he wasn't going to tell anything, 
that a friend of his did it and he didn't want to implicate him in 
anything. 

Mr. Kennedy. He would not tell you anything further ? 

Mr. Reynolds. He wouldn't even talk about it. 

Mr. Kennedy. He would not talk to you other than to say a friend 
did it and it was not a crime to be shot by a friend; is that right? 

Mr. Reynolds. That is all. Here is what I put down as his state- 
ment: 

William Arthur Smith stated the gunshot wound was accidental and it was 
not in violation of law to get shot. It was done by a close friend, and he did 
not want to implicate him or any of his friends and he refused to answer any 
other questions. 

]Mr. Kennedy. "VYliat was your tlieory as to what liad occurred, as 
of this time ? 

Mr. Reynolds. Well, naturally my theory was that he left the 
hotel just in time to go out and be present at the time that this shooting 
occurred. 



7118 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. It was perfectly obvious he was on that highway, 
because he went in that area, and he went to that hospital. 

Mr. Reynolds. Well, that was going in the opposite direction from 
Knox vi lie. 

Mr. Kennedy. You can always turn around. 

Mr. Reynolds. Yes, sir; but it wasn't too far from the hospital. 

Mr. Kennedy. It was not too far from the scene of the shooting; 
was it ? 

Mr. Reynolds. No, sir; it was, as I said it was, approximately an 
hour or less drive from where the shooting occurred. 

Senator Curtis. Now, when was Smith interviewed ? 

Mr. Reynolds. He was interviewed on the 15th. 

Senator Curtis. On the 15th ? 

Mr. Reynolds. Yes, sir. 

Senator Curtis. Whereabouts ? 

Mr. Reynolds. In the hospital. 

Senator Curtis. By whom ? 

Mr. Reynolds. By me. 

Senator Curtis. Who else was present? 

Mr. Reynolds. I don't believe anyone went with me up there. 

Senator Curtis. Was that the only time he was interviewed? 

Mr. Reynolds. Yes, sir. 

Senator Curtis. And he was a patient in the hospital at the time? 

Mr. Reynolds. Yes, sir. He was up walking around. 

Senator Curtis. Did any other officer from any other branch of 
law enforcement interview him at any other time? 

Mr. Reynolds. I couldn't answer that from my own knowledge. 
I understand that some of tlie Knoxville officers or one of them did, 
probably. 

Senator Curtis. So far as you know, the only interview was in 
the hospital ? 

Mr. Reynolds. Yes, sir. 

Senator Curtis. How long did that last ? 

Mr. Reynolds. A very short time. 

Senator Curtis. He was never picked up and detained and in- 
formed that he was being investigated for the shooting of this man ? 

Mr. Reynolds. On approaching him at the hospital, I told him 
my business, who I was and what I was doing in regard to the 
investigation. 

Senator Curtis. But he w^as never picked up and detained and 
told, "we are investigating," other than what you said at the liospital ? 

Mr. Reynolds. That is right. 

Senator Cltrtis. Did he fully account for all of his time, his acts 
and his whereabouts during the hours when this shooting occurred ? 

]Mr. Reynolds. He refused to talk. 

Senator Curtis. Was he fingerprinted ? 

Mv. Reynolds. Not at that time. He had been fingerprinted a 
number of times. The police department had liis prints, his pictures, 
and wliat not. 

The Chairman. You mean he was a criminal ? 

Mr. Reynolds. Well, that does not necessarily mean that. 

The Chairman. He had a criminal record. He had been finger- 
printed when accused of crime. He has a record in Tennessee, I 
know. 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7119 

Senator Curtis. I am too far removed from the scene. I would 
not want to point a finger of criticism at you or any other individual, 
but I wonder what it is coming to in this country when individuals 
are shot at on the highway, officers get a lead, the man is talked to 
briefly in the hospital, he refuses. Such an individual ought to be 
in diie time picked up, taken to jail, detained, thoroughly investi- 
gated, fingerprinted, his alibi checked and determined what it is all 
about. I do not think there is anything different than investigating 
any other kind of work. It just consists of dogged, determined 
work. Particularly this ought to have been done by somebody when 
the facts that were so self-evident were available, and also when the 
man refused to talk. 

That is all. 

The Chairman. "Well, let me see if I understand this. You had a 
shooting out on the highway. A truckdriver had been shot. You 
knew that ? 

Mr. Eeyxolds. Yes, sir. 

The Chairmax. Two different truckdrivers had been shot ? 

Mr. Eeyxolds. Two different truckdrivers had been shot at. 

The Chairman. One of them occurred at 11 : 15 at night and the 
other at 11 : 4.5, about 30 minutes apart, on the same highway, 2 drivers ; 
is that correct ? 

]Mr. Reynolds. Yes, sir. 

The Chairman. "When you started making an investigation you 
found a man in the hospital by the name of Smith ? 

Mr. Reynolds. Yes, sir. 

The Chairman. Is that correct ? 

Mr. Reynolds. That is right, sir. 

The Chairman, Who had a wound in his arm ; is that right ? 

Mr. Reynolds. That is correct. 

The Chairman, Was it just one shot ? 

Mr. Reynolds. Just one. 

The Chairman. Just one shot ? 

Mr. Reynolds. Yes. 

The Chairman. What size was it ; do you know ? 

Mr. Reynolds. No, sir. The bullet was not there, of course. 

The Chairman. Well, just one shot in his arm ? 

Mr. Reynolds. That is right. 

The Chairman. You undertook to interrogate him ? 

Mr. Reynolds. Yes. 

The Chairman. Before you undertook to interrogate him, you knew 
he had been registered in the hotel under an assumed name ? 

]\Ir. Reynolds. That is right. 

The Chairman. You also knew that he took his car out just about 
in time, within time where he could have been on the highway at that 
point at the time of the shooting ; is that correct ? 

IVIr. Reynolds. That is correct, sir. 

Tlie Chairman. You have that much information. Then you find 
him in the hospital where he could have driven to within the time he 
registered and the time of the shooting ; is that correct ? 

Mr. Reynolds. That is correct, sir. 

The Chairman. When you got in there to interrogate him he was 
uncooperative ; is that true ? 

Mr. Reynolds. Yes, sir. 



7120 IMPROPER ACTIVrTIES EST THE LABOR FIELD 

The Chairman, Then you had a bullet that you had gotten out of 
one of these trucks where the shooting had occurred ; is that correct ? 

Mr, Reynolds. That is correct, sir. 

The Chairman. And that bullet had pretty good markings on it; 
am I correct ? 

Mr. Reynolds. Yes, sir. 

The Chairman. And this man would give you no explanation of 
his whereabouts notwithstanding he had been registered under an as- 
sumed name, notwithstanding he had taken his car out of the garage 
at a time that could easily have placed him at the scene of the shoot- 
ing and notwithstanding he had registered at the hotel at a time 
which would indicate he had driven from the scene of the shooting 
to the hospital right after the shooting to have his own wound treated. 
Notwithstanding that, did you ever pursue or make any effort to 
find the gun in his possession ? 

Mr. Reynolds. The gun was not in his possession. 

The Chairman. How do you know ? 

Mr. Reynolds. Well, he walked in the hospital 

The Chairman. He may have walked in the hospital. Still the 
gun may have been in his car or somewhere else. 

Mr. Reynolds. That is true. The gun may have been in the car. 
Wlioever his accomplice was took the car and gun and everything, 
so far as I Imew. 

The Chairman. Wlio were his accomplices you speak of? 

Mr, Reynolds. I don't know. 

The Chairman. "Wlio was with him ? 

Mr. Reynolds. I don't know. 

The Chairman. He refused to tell you ? 

Mr. Reynolds, He refused to talk at all. 

The Chairman. Did you get a search warrant and search his 
possessions and his property to try to find the gun at that time? 

Mr. Reynolds. No, sir, I did not. I really did not have enough to 
get a search warrant. 

The Chairman. You are looking for a gun. Here is a man that 
would not tell you anything about the circumstances and all the 
other circumstances point to the fact that he was the possible one 
who committed the crime. In other words, you had more information 
against him than you did against anyone else. Did you not ? 

Mr. Reynolds. Yes, sir. 

The Chairman. And it was fresh information, it was so directly 
in point of time, location, associated with the crime that that natu- 
rally aroused your suspicion with respect to his conduct, did it not? 

Mr. Reynolds. Yes, sir. 

The Chairman. Did you ever try to get a search warrant and pur- 
sue the search of his car and his home or his premises or anything 
else to locate the gun ? 

Mr. Reynolds. We did not locate that car for some time. As I 
said, it belonged to someone who had loaned it to him, so at the time 
that that car was delivered 

The Chairman. What did you do to locate the car ? 

Mr. Reynolds. I put out a pickup on that particular car over 
the whole State, the highway patrol, the police officers in Nashville. 

The Chairman. Who located the car finally ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7121 

Mr. Reynolds. It finally showed up at the owner's house. 

The Chairman. Didn't the company, itself, the truck company, 
itself, locate the car ? 

Mr. Reynolds. Mr. Andrews located it. 

The Chairman. That is right. They located the car when you 
folks were out searching for it. Is that right ? 

Mr. Reynolds. Well, he located the car. He was in Nashville. I 
live in Knoxville. That is my section up there. 

The Chairman. I understand, but it took the company representa- 
tive to find the car. Now, do you know whether he found shotgun 
shells in it or not when he found it ? 

Mr. Reynolds. No, sir. There were shotgun shells in the suitcase 
up in his room. 

The Chairman. You even had that further evidence. You had 
shotgun shells that you found in Smith's luggage in his room, is 
that correct ? 

Mr. Reynolds. That is right. 

The Chairman. Now, then, why do you say you did not pursue it 
and get a search warrant'^ 

Mr. Reynolds. I just did not think it was effective. It is mighty 
hard to get a search warrant on an investigation that way. I don't 
believe I could have gotten one. The fact is the gun was still in the 
automobile and was taken and done away with by an accomplice, 
whoever it might be. You know, at least I know as an investigator 
that there is no man as wise as this Smith is supposed to be, who is 
going to take that gun home. 

The Chairman. I am not so sure about that. Criminals are often 
caught because they are not wise; they just think they are. 

Mr. Reynolds. Especially so because he was in the hospital and the 
gun was left undoubtedly with the other fellow. 

The Chairman. I understand. Now, you have been asked this ques- 
tion before why you did not get a search warrant. 

Mr. Reynolds. Yes, sir. 

The Chairman. You were asked by members of this staff, is that 
correct ? 

jNIr. Reynolds. Yes, sir. 

The Chairman. A recording is made of what you said, is that true, 
with your knowledge ? 

Mr. Reynolds. That is right. 

The Chairman. Did you not answer when first asked about it and 
I quote exactly : 

"Well, I don't really know what to say as to why. Well, we more or less keep 
out of union trouble as much as possible, and I would say it was done, it may 
have been for political reasons. All we do is take orders. 

Did you make that statement? 

Mr. Reynolds. I made one similar to that. 

The Chairman. Do you want to say similar or this statement now? 
You know we have a recording of it. 

Mr. Reynolds. That is right. 

The Chairman. That is the statement you made when you were first 
asked, is that true ? 

Mr. Reynolds. Yes, sir. 



7122 IMPROPER ACTTVITIES EST THE LABOR FIELD 

The Chairman. This is a question Mr. Duffy asked you : 

And the reason you think it was not discussed, the issuance of the search war- 
rant, was because it was a labor dispute? In other situations similar to this you 
would have had a search warrant? 

And did you not answer and say, "More than likely we would have 
for an individual not connected with labor troubles." Isn't that the 
answer you gave ? 

Mr. Reynolds. Well 

The Chairman. Yes or no. 

Mr. Reynolds. I guess it is, yes, sir. 

The Chairman. All right. You were stating the facts then as you 
actually knew them and believed them to be, were you not ? 

Mr. Reynolds. I think I was trying to cover up the fact that I 
didn't get a search warrant. 

The Chairman. I think you were trying to cover up ; yes, no doubt 
about that. 

Senator Curtis. I want to ask something now. How is the division 
of authority in the State of Tennessee in reference to apprehension 
and arrest of criminals? You have a local police force within the 
city. Isn't that correct ? 

Mr. Reynolds. Yes, sir. 

Senator Curtis. Then every county has a sheriff ? 

Mr. Reynolds. Yes, sir. 

Senator Curtis. Then you have the highway patrol ? 

Mr. Reynolds. Yes, sir. 
^ Senator Curtis. And you have the Tennessee Bureau of Investiga- 
tion, is that correct ? 

Mr. Reynolds. That is correct, sir. 

Senator Curtis. Now, this shooting did not occur in the city, did it? 

Mr. Reynolds. No, it was out in the county. 

Senator Curtis. What jurisdiction generally does the highway 
patrol have ? Are they confined pretty much to matters of traffic ? 

Mr. Reynolds. Mostly matters of traffic, yes, sir. 

Senator Cit^tis. What is their practice when you do have a crime 
committed on the highway involving motorists ? 

Mr. Reynolds. I would say they usually report it to the sheriff. 

Senator Curtis. Is it their practice to leave their patrolling duties 
and follow the investigation for days and weeks wherever it requires 
them to go ? 

Mr. Reynolds. No, sir, they are not supposed to leave their patrol- 
ling duties and follow an investigation. 

Senator Curtis. So it this situation it would narrow down to the 
responsibility between the sheriff's office and the Tennessee Bureau of 
Investigation, isn't that correct ? 

Mr. Reynolds. Yes, sir. The sheriff's office. I might say this. 
The Tennessee Bureau of Investigation only works at the request of 
the district attorney general. 

Senator Curtis. The district attorney general ? 

Mr. Reynolds. We take all our assignments from the district at- 
torney general. 

Senator Curtis. Who is he? 

Mr. Reynolds. There is one in each judicial circuit. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7123 

Senator Curtis. What is his name ? Who was he in that district at 
thetinieof thesliooting? n r^ i 

Mr. Reynolds. General Clements m Knox County, and General 
Wilkenbarger in Sevier County. 

Senator Curtis. I am talking about this shooting we have been 
discussing all morning. . 

Mr. Reynolds. They are the two. One shooting was m Knoxville 
and one was in Sevier. . • , i 

Senator Curtis. Did you ever have any conversation with them 
about oli'enses arising out of labor difficulties being handled differently 
than any other offenses ? 

Mr. Reynolds. No, sir. I have never had any conversation with 
anybody in regard to that. 

Senator Curtis. That was just your own idea ? 

Mr. Reynolds. I don't know why, to tell you the truth, why I said 
it, to tell you the truth. 

Senator Curtis. Did the sheriff's office investigate these shootings ? 

Mr. Reynolds. I don't believe they did. I don't know if they did. 

Senator Curtis. Now, this shooting that blew off his elbow was 
a felony ; was it not ? 

Mr. Reynolds. Not if it is done like he said it was done. He said 
he was accidentally shot by a friend. 

Senator Curtis. Who said that ? 

JMr. Reynolds. Smith said it. 

Senator Curtis. I see. I mean if the complaining witness is to 
be believed, if he is driving along the highway minding his business 
and was shot in the manner he testified here yesterday — I withdraw 
the question about its being a felony. 

Air. Kennedy. I am finislied. 

The Chairman. Senator Curtis is confused about the shooting. 
These 2 shootings we are talking about at 11 : 45 and 11 : 15, the people 
in the car were not hit. 

Mr. Reynolds. No, sir. 

The Chairman. But the cars were hit. 

Mr. Reynolds. Yes, sir. 

The Chairman. And even bullets richocheted off the hood of the 
car, went through tlie windshield and dropped in the car, and you 
got that bullet. 

Mr. Reynolds. Yes, sir. 

The Chairman. So that could not be anything else but assault with 
an intent to kill. 

Mr. Reynolds. That is what I would think it would be; yes, sir. 

The Chairman. Unless the shot was accidental; if the shot was 
intentional, certainly it would be assault with intent to kill. 

Mr. Reynolds. I would say that is intentional. 

The Chairman. That is a felony ; is it not ? 

Mr. Reynolds. Yes, sir. 

The Chairman. What I do not understand about this is that law- 
enforcement officers won't pursue those things other than the reason 
that you just take orders and do not ordinarily pursue it where labor 
is involved. Who gave you those orders not to pursue it ? You are 
a law-enforcement officer. 



7124 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Reynolds. I never have been given any order not to pursue it. 

The Chairman. What do you refer to here. What are you talking 
about. You just take orders? 

Mr. Eetnolds. I don't know. 

The Chairman. You said, "I don't really know why. We more or 
less keep out of union trouble as much as possible. I would say it 
was done, it may have been for political reasons. All we do is take 
orders." Who gave you orders not to pursue it ? 

Mr. Reynolds. No one did. 

The Chairman. So you take the whole responsibility, do you, for 
not pursuing this thing and going after it and trying to find out 
what actually occurred ? 

Mr. Reynolds. I found out as far as I could other than that search 
warrant. 

The Chairman. Did you ever have him before the grand jury ? 

Mr. Reynolds. No, sir. 

The Chairman. You ever had him subpenaed before the grand 
jury? 

Mr. Reynolds. These reports — when I make a report, Senator, one 
copy of that is turned over to the attorney general and it is up to him 
as to whether there will be a prosecution. 

The Chairman. I understand. Did you ever interview anybody 
else besides Smith about this matter ? 

Mr. Reynolds. Nobody else than the hotel people, the drivers. 

The Chairman. In other words, you did not pursue it any further. 

Mr. Reynolds. No, sir. 

The Chairman. Did you ever go to the union and try to get any 
information there as to what they may have known about it ? 

Mr. Reynolds. No, sir. 

The Chairman. Why? 

Mr. Reynolds. I just didn't. I didn't think it was any use going 
there. 

The Chairman. You knew it grew out of a labor controversy. 

Mr. Reynolds. I was sure of that. 

The Chairman. Yet you did not go and check with the union anu 
try to find out what they might know about it, is that correct ? 

Mr. Reynolds. That is correct, sir. 

The Chairman. Why ? Because it was organized labor ? 

Mr. Reynolds. No, sir. 

The Chairman. If then it occurred to a businessman and some busi- 
ness representative, some individual, as you referred to in your state- 
ment, you would have done that, would you not ? 

Mr. Reynolds. I figured I could not get any information out of the 
union. I have never been able to. 

The Chairman. And the first thing you figured you did not want 
to go talk to them, is that correct ? 

Mr. Reynolds. I have talked to them about other things. 

The Chairman. About thing that are more pleasant ? 

Mr. Reynolds. No ; I have talked to them about cases but I have 
never been able to get any information that would be of any value. 

The Chairman. Because you failed one time, there is no reason why 
you sliould neglect your duty and fail to pursue what is obviously 
your duty the second time, is it ? 



IMPROPER ACTIVITIES IN THE LABOR FIEPLD 7125 

Mr. Reynolds, No, I didn't think I was 

The Chairman. Do you not think it was your duty to go into this 
thing and try to find out who actually did it ? 

Mr. Reynolds. I think so ; yes, sir. 

The Chairman. I do, too. 

Mr. Kennedy. That is all, Mr. Reynolds. 

The Chairman. All right, stand aside. 

Call the next witness. 

Mr. Kennedy. Mrs. Lola Freels. 

The Chairman. Will you be sworn, please. 

You do solemnly swear the evidence you shall give before this Sen- 
ate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God 'I 

Mrs. Freels. I do. 

TESTIMONY OF MRS. LOLA FREELS 

The Chairman. Be seated, please. State your name. 

Mrs. Freels. My name is Lola Freels. My address is 4521 Tillery 
Road. My occupation, with the teamsters, bookkeeper and secretary. 

The Chairman. You still have that position ? 

Mrs. Freels. No, sir ; I was terminated. 

The Chairman. You were terminated ? 

Mrs. Freels. Yes, sir. 

The Chairman. All right. You just relax. All we want is to get 
you to give us any information you may have. You waive counsel, do 
you? 

Mrs. Freels. I beg your pardon ? 

The Chairman. Under the rules of the committee, if you desired 
you might have an attorney present to counsel you while you testify 
witli respect to your legal rights. Do you waive counsel ? 

Mrs. Freels. Yes. 

The Chairman. You do not feel you need a lawyer to tell you what 
you know ; is that right ? 

Mrs. Fkeels. I don't think so. 

The Chairman. All right. If you find at any time you think you 
do, you so advise the chairman. I do not think you will. 

All right, Mr. Kennedy, you may proceed. 

Mr. Kennedy. You were with the Teamsters' Local 821 in Knox- 
ville, Tenn. ? 

Mrs. Freels. That is right. 

INIr. Kennedy. You were with them from November 1955 to 1956 ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. The president of that local was W. J. Reynolds ? 

Mrs. Freels. That is right. 

Mr. Kennedy. The secretary-treasurer was H. L. Payne; is that 
right ? 

Mrs. Freels. That is right. 

Mr. Kennedy. I want to ask you about testimony that we have had 
that preceded you in connection with the shooting that occurred in 
June of 1955. Now, you were in the office; you worked in the team- 
sters' office at Knoxviile during that period of time, June 1955 ? 

Mrs. Freels. Yes, sir. 



7126 IMPROPER ACTIVITIES D^ THE LABOR FIELD 

Mr. Kennedy. Did you know a miin by the name of W. A. Smith ? 

Mrs. Freels. Yes, sir ; I knew him as "Hard of Hearing" Smith. 

Mr. Kennedy, "Hard of Hearing" Smith ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. Do you know where he was from ? 

Mrs. Freels. He was from local 327, Nashville, Tenn. 

Mr. Kennedy. Did you understand that he was a business agent 
of local 327 in Nashville ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. Now, did you hear any conversation or was it ever 
mentioned to you in the office of the teamsters in Knoxville regard- 
ing the shooting that occurred in June of 1955 ? 

Mrs. Freels. Yes, sir, I heard W. J. Reynolds, the business agent, 
and Hubert L. Payne, the secretary-treasurer of local 621, discussing 
the shooting that occurred with the B. &. S. Motor Lines. 

Mr. Kennedy. What did Mr. Reynolds say regarding the problem 
or the trouble he had had in connection with that company ? 

Mrs. Freels. He said that he was, he was telling me about the 
bullet ricochetting through the windshield and he said that it was a 
good thing that it hit the steering wheel, because it would have hit 
the clriverand killed him. And I know that Hard of Hearing Smith 
was in town that day because he called into the office, and I took the 
call from the Farragut Hotel. 

Mr. Kennedy. From the Farragut Hotel ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. And he called your office ; is that right ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. He had a conversation with whom ? 

Mrs. Freels. He talked to Mr. Reynolds. 

Mr. Kennedy. Did you learn subsequently that they had been to- 
gether that evening, the evening of June 12 ? 

Mrs. Freels. Yes, sir. Mr. Reynolds was telling about being with 
Smithy at that time and he asked me to send some flowers to the hos- 
pital, which I did. He also stated that the flowers should be sent to 
W. A. Smith, Maryville Hospital, and that the only thing on the card 
should be "From a Friend" so that no one knew that local 621 would 
be connected with that shooting. 

The Chairman. With what ? 

Mrs. Freels. With the shooting. 

The Chairman. So that no one would know that local 327 was con- 
nected with that shooting ? 

Mrs. Freels. No, sir, local 621. 

The Chairman. 621. So that no one would know that local 621 
was connected with the shooting ? 

Mrs. Freels. Yes, sir, and I would like to state during this time, we 
had a gun to leave the safe. 

The Chairman. Had what ? 

Mrs. Freels. Had a gun to leave the safe. It was kept in the safe. 
I don't know if this would be the right gun or not, but they kept a 
Magnum. 

The Chairman. Kept what? 

Mrs. Freels. A Magnum. That is what they told me tliat it was. 
I don't know one gun from the other. But tliis Magnum left the 
safe during that time and it was not returned. 



IJVIPROPER ACTIVITIES IN THE LABOR FIELD 7127 

The Chairman. You mean there was a gun that they had kept in 
the safe ? 

Mrs. Freels. Yes, sir. 

The Chairman. Mr. Keynolds had kept it there ? 

Mrs. Freels. I don't know who it belonged to, but sometimes it 
would leave by both agents. Maybe one agent would come in and 
get it, take it out for a while and then maybe another agent would 
come in and get it. 

The Chairman. During the time it was out, would there be reports 
of these shootings on the liighway ^ 

Mrs. Freels. Well, now, I didn't know too much about the shoot- 
ings. All I knew was just the discussion. 

The Chairman. On this occasion that Mr. Smith was there and on 
the occasion that you were instructed to send him flowers a day or two 
afterward, on that occasion when he was in town and when he and Mr. 
Eeynolds were together and when you heard these conversations, the 
gun was out of the safe ? 

Mrs. Freels. Yes, sir. 

The Chairman. It was gone ; it was never returned after that ? 

Mrs. Freels. No ; it never came back. 

The Chairman. Did Mr. John T. Reynolds, the crime investigator 
for the State of Tennessee, ever contact you and try to get the infor- 
niation you had about this matter ? 

Mrs. Freels. No, sir. 

The Chairman. Did anyone else ever contact you, any other officer, 
law-enforcement officers, and try to find out what you knew about it? 

Mrs. Freels. No, sir. Mr. Keynolds made the statement that they 
talked to the officers and got them to go along with it, I am sorry to say. 

The Chairman. Oh, Mr. Reynolds of the labor union, the local, 
you heard him say that he had talked to the officers ? 

Mrs. Freels. Yes, sir. 

The Chairman. And had gotten them to go along with it ? 

Mrs. Freels. Yes, sir. 

The Chairman. What did you understand he meant by that ? 

Mrs. Freels. Well, he told this one incident that happened. He 
said they placed a guard on Hard of Hearing Smitty's door while he 
was in the Maryville Hospital, and before that he took him to the 
hospital, and he talked with some law enforcement and asked him to 
keep it quiet. Tiien this guard was placed on the door and the day 
that they got Hard of Hearing Smitty out of the hospital, they asked 
this guard to turn his back until they could get him out. 

The Chairman. That was a law-enforcement guard ? 

Mrs. Freels. Yes, sir. 

The Chairman. They were protecting him ? 

Mrs. Freels. Yes, sir. 

The Chairman. Do you know who served as that guard ? 

Mrs. Freels. No, sir ; I don't. 

The Chairman. Do you know what branch of the law-enforcement 
agencies he represented ? 

Mrs. Freels. No, sir. That was the only thing I heard. 

The Chairman. That they had placed a guard there to keep anyone 
from bothering him ? 

Mrs. Freels. Yes, sir. 

89330 — 58— pt. 18 6 



7128 IMPROPEIR ACTIVITJEIS ZNT THE LABOR FIELD 

The Chairman. That is to keep anyone from interrogating him, I 
guess. 

Mrs. Freels. That is right. 

The Chairman. When they went to get him, they had the guard 
turn away as if he did not see him ? 

Mrs. Freels. That is right. 

The Chairman. That is the information you got ? 

Mrs. Freels. Yes, sir. 

The Chairman. Whom did you get that from ? 

Mrs. Freels. That was told by Mr. Reynolds. He was discussing 
that with Mr. Payne pro and con. 

The Chairman. They were discussing it pro and con ? 

Mrs. Freels, Yes, sir. 

The Chairman. They had that fixed with law-enforcement offi- 
cers so nothing would be done about it ? 

Mrs. Freels. Yes, sir. 

Mr. Ivennedy. Did he tell you, Mr. Reynolds or Mr. Payne, or 
Mr. Reynolds specifically, anything about the actual shooting, as to 
where he had been that night or anything about the B. & S. Truck- 
ing Co? 

Mrs. Freels. He did tell me that it was a B. & S. Freight Lines. 
It seems to me like there is a junction, that they came to a certain 
junction, but they did not come on into Knoxville and they had to 
meet the truck there. 

Mr. Kennedy. Did he describe the event or say anything about 
having trouble with the B. & S. Freight Lines ? 

Mrs. Freels. No, sir. 

Mr. Kennedy. He did not say he had trouble with B. & S. ? 

Mrs. Freels. No, sir. Then later the conversation was, well, after 
Hard of Hearing Smitty came back to the office, which was several 
weeks later, they were discussing the shooting and Smitty said, "Reyn- 
olds, I believe you shot me." So they laughed about it. 

Mr. Kennedy. Did Reynolds come into the office on Monday morn- 
ing, June 13 ? Do you remember that ? 

Sirs. Freels. I don't remember the date. 

Mr. Kennedy. You don't remember if he came in the next day after 
Smitty was sent to the hospital ? 

Mrs. Freels. Yes, sir; he was in the office the next morning early 
after Smitty liad been entered into tlie hospital. 

Mr. Kennedy. Did he make any comment at that time ? 

Mrs. Freels. That is when he asked me to send the flowers. 

Mr. Kennedy. Who paid for the flowers ? 

Mrs. Freels. Teamsters' Local 621, 

The Chairman, Did you carry out instructions and send the 
flowers just in the name of a friend, without sending it in the name 
of 

Mrs. Freels. Yes, sir. 

The Chairman. I present to you a photostatic copy of a bill which 
appears to be a bill for flowers, and ask you if this is a bill for the 
flowers you sent Hard of Hearing Smitty. 

Mrs. Freels, Yes, sir; this is the bill, but my message was not put 
on it. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7129 

The Chairman. They did not put the message. Well, the bill is 
something you received. That is the bill you received for the flowers 
you sent and the message you put on it. 

Mrs. Freels. Yes, sir. 

The Chairman. Keceived in the name of the local and it was paid 
by the local. 

Mrs. Freels. Yes, sir. 

The Chairman. That may be made exhibit No. 6. 

(Document referred to was marked "Exhibit No. 6," for reference 
and will be found in the appendix on p. 7501.) 

The Chairman. All right, you may proceed. 

Mr. Kennedy. I just want to move on to another event you have 
information on. I want to ask you if anybody in the union who 
opposed jVIr. Eeynolds or any of the other individuals was ever taken 
care of or beaten up. Did that ever occur ? 

Mrs. Freels. Eegarding members of the local ? 

Mr. Kennedy. Yes. Do you know of that ever occurring ? 

Mrs. Freels. Yes ; I know Eugene Evans was beaten up. 

Mr. Kennedy. Who is Eugene Evans? 

Mrs. Freels. He was an employee of Kobinson Freight Lines, a 
member of local 621. 

Mr. Kennedy. What was the trouble with Eugene Evans, according 
to Mr. Reynolds ? 

Mrs. Freels. He had been out of work for quite some time. I 
believe he had a case before the board and he didn't hear from the case, 
he could not get any work out of local 621, and he needed help, I sup- 
pose, for his family. So he kept coming to the local asking questions 
and he would get up in the meetings and ask questions. It seemed 
that Mr. Payne and Mr. Reynolds sort of got tired of that. So they 
termed him as an "agitator." 

The Chairman. Termed him what ? 

Mrs. Freels. Termed him as an "agitator." 

The Chairman. All he was agitating was to get some work to sup- 
port his family ? 

Mrs. Freels. Yes, sir. 

The Chairman. Proceed. 

Mrs. Freels. Mr. Reynolds made the statement that he would have 
him taken care of. So he called Nashville. I don't know who he 
talked to but he called Nashville and a day or so later I had a stranger 
come into the office. 

Mr. Kennedy. He did call Nashville and a stranger appeared at the 
office at that time ? 

Mrs. Freels. Yes, sir. 

The Chairman. Counsel, making the presentation to get the record 
in proper shape, prefers to interrogate you about that aspect of it a 
little later, so if you will please stand aside, we will recall you at a 
later time. 

Mr. Kennedy. Mr. Eugene Evans. 

The Chairman. Will you come around, please? Will you please be 
sworn ? Do you solemnly swear that the evidence you shall give before 
this Senate select committee shall be the truth, the whole truth, and 
nothing but the truth, so help you God ? 

Mr. Evans. I do. 



7130 IMPROPER ACTIVITIES IN THE LABOR FIELD 

TESTIMONY OF EUGENE EVANS 

The Chairman. State your name and your place of residence and 
your business or occupation, 

Mr. Evans. Eugene Evans, 300 A Street, Knoxville, Tenn. At the 
present time I am a school-bus driver at Mineral City, which is in 
Lowden County. 

The Chairman. You waive the right to counsel ; do you ? 

Mr. Evans. I think so ; I don't think that I need counsel. 

The Chairman. You do not think you need an attorney ? 

Mr. Evans. No. 

The Chairman. What was your former job or position before you 
started driving the school bus ? 

Mr. Evans. Well, immediately before that I was unemployed, except 
extra. Before that time I had been employed by a company by the 
name of Robertson Freight Lines, Knoxville, Tenn. 

Mr. Kennedy. You were a member of the teamsters' union; were 
you? 

Mr. Evans. I was. 

Mr. Kennedy. Were you having any difficulty with Mr. Reynolds of 
that union ? 

Mr. Evans. Yes, sir ; I had some, quite a bit ; yes, sir. 

Mr. Kennedy. Would you tell us how that originated, and what 
occurred ? 

Mr. Evans. Well, to start the whole thing, what turned him against 
me, I think, and I am sure was that at the time that I had my first 
trouble Avith this Robinson, where I was fired over a strike, he run 
for agent of tliis local, and president of tlie local. I didn't have any- 
thing against him personally at the time, Imt I just was for another 
officer that was running against him, which he defeated. From that 
time on, it was pretty rough on me. 

Mr. Kennedy. Then did you have some complaint regarding his 
handling your charges of unfair labor practices against this company, 
the Robinson Freight Lines ? 

Mr. Evans. As I said, that was the start of it. That is when he was 
elected. My main part that I had against him, as Mrs. Freels said, I 
was out of work and I was trying to get a settlement on my case, 
which I couldn't get. During this time Reynolds and the company, 
and some agent fiom Kingsport and Nashville set up a meeting with 
this company that had employed me. They made an agreement that all 
unfair labor practices against the company would be dropped by them. 
I found out about this when they had the meeting. I was supposed to 
be down there, and they left me out of it. 

The Chairman. They did not let you know about the meeting? 

Mr. Evans. Not until after it had been held, and I found this out 
myself. 

The Chairman. You had no notice to be present, to present your 
case or discuss the matter with them ? 

Mr. Evans. No. 

The Chairman. All right. 

Mr. Evans. During this time there was proof, I got hold of a state- 
ment or something written down on paper, where they had agreed to 
withdraw the cases, which they did and I found out about this, and 
Reynolds denied all of this. Of course, I knew he was in on it him- 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7131 

self, and in fact instigated the wliole thing. Up to this time I had 
gotten along well with all of the agents there at the local, and every- 
where else, and I considered them all good friends of mine. I was just 
anxious to get my job back. 

Mr. Kennedy. Did you start taking an active part in the meetings 
that were held ? 

Mr. Evans. Yes, sir ; I had always even before that. 

Mr. Kennedy. Would you start asking a lot of questions ? 

Mr. Evans. Yes, sir. 

Mr. Kennedy. And you started asking Mr. Reynolds questions about 
his administration of the local ? 

Mr. Evans. I did. 

Mr. Kennedy. And did that appear to be opposed by Mr. Reynolds ? 

Mr. Evans. It did. He just let it be known that he was running 
the local, and the membership wasn't going to run the local, and lie 
was elected president to run the local and he was going to do it. 

^Ir. Kennedy. Was it ever indicated to you that if you kept up 
your agitation and kept up asking questions, that you would be taken 
care of ? 

Mr. Evans. Well, yes, it had. I figured he would be the one to do 
it and I wasn't much afraid of him. 

INIr. Kennedy. How was that indicated to you ? 

Mr. Evans. By threats, and by him talking and we would get into 
pretty rough arguments about that. I had no idea of him really 
carrying out what he did carry out. 

Mr. Kennedy. "Wliat did he carry out, and what happened to you? 

Mr. Evans. Sometime back in 1955 

Mr. Kennedy. Around December 15, 1955 ? 

Mr. Evans. Along about that time, and at this day I worked at 
Central Motor Express and I had worked a little later than I had been, 
and I was just working extra, and I worked when they wanted me and 
as long as they wanted me. 

Mr. Kennedy. Had you been having difficulty getting other jobs? 

Mr. Evans. Absolutely, and had himself advised some companies 
not to hire me, as I was a union agitator. 

Mr. Kennedy. You were a union agitator, so you w^ould get a job 
for a short period of time and he w^ould call up and get you fired ? 

Mr. Evans. Yes, sir ; and I just couldn't get any work at all, and I 
knew he was behincl it definitely. 

The Chairman. Were you paying your dues to the local ? 

Mr. Evans. I was. 

The Chairman. Were you in good standing ? 

Mr. Evans. I was at that time. 

Mr. Kennedy. On December 15, you were working for whom ? 

Mr. Evans. Central Motor Express of Knoxville, Tenn., and I think 
that is their home terminal. On that date I worked a little late that 
night, and I came in and I was tired and I had ridden the bus. I rode 
one bus uptown and transferred on to another bus. I got off this bus 
and I went up to my apartment where I was staying and as I got off 
and went toward the apartment, and got on the porch, a man crossed 
the street and he hollered at me and he said : "Are you Eugene Evans ?" 
and I said "Yes." He said, "I want to see you. John Brooks sent 
me up here to see you on the Robinson case." John was a good friend 



7132 IMPROPER ACTrvrriE's znt the labor field 

of mine and he had nothing to do with this attack whatever. But it 
throwed me off guard. Naturaly, I was anxious to hear any news on 
the case and I just stepped down off the porch and I was going to talk 
to him when he got in range of me, and pow, he let me have it. 

Mr. Kennedy. He clobbered you then ? 

Mr. Evans. Yes. 

Mr. Kennedy. He knocked you down ? 

Mr. Evans. Yes, sir ; he knocked me down, and he had the first lick. 

Mr. Kennedy. What did he do once you were down ? 

Mr. Evans. He was kicking me. 

Mr. Kennedy. Did he kick you in the face ? 

Mr. Evans. Yes, sir, and about the ribs. Finally, he got a hold of 
one foot, and as I said, he knocked me down but it never did knock me 
out, but it addled me, the first lick. And in other words, I was just 
helpless, what you might say. A lady ran across the street, and he had 
me by one foot and she was screaming and said she was going to call 
the law. I was trying — I seen I was going to have to do something 
and I was trying to kick him, and by the time she got there, why I 
reckon he thought she was really somebody that was really going to 
call the law. 

Mr. Kennedy. Some woman saw you across the street ? 

Mr. Evans. Yes, sir, and she was on the same bus I was on. 

Mr. Kennedy. And so she started coming over and saying she was 
going to call the law ? 

Mr. Evans. Yes, sir, and so this man r\m and when this happened 
he run down the street, and I got up and he got in a car. The car was 
running and I saw it was running and somebody else was in the car, 
and I don't know who. He drove off. 

Mr. Ivennedy. He got away ? 

Mr. Evans. Yes, sir. 

Mr. Kennedy. Did you report, that to the police ? 

Mr. Evans. I went, and I will just finish telling the whole thing. 
So I went up to the house, and my wife was in a family way and I 
knocked on the door, and I held the door from tlie outside and I was 
pretty well beat up. I told her not to open the door, and I said, "I 
have had a little trouble, and go sit down." And there was a friend 
of ours there at the time, and I said, "I will wash up." So it scared 
her, and so I just opened the door and I went on in. I told her what 
happened, and she said, "Well there was a man here today who wanted 
to see you." She described him and from her description it was the 
same man that attacked me. He told her that they wanted me to go 
off with them and they had a strike at the INIarine Bakery and they 
wanted me to help them with it. If he had told me the same thing, I 
would have just got in the car with him, and I don't know what 
would have happened then. The next day I went down to the office 
and Mrs. Freels came to the door, and she said, "Wliat on earth hap- 
pened?" And I said, "Well, my wife beat me up," and I wanted to 
find out about it. 

Mr. Kennedy. You said originally your wife beat you up ? 

Mr. Evans. I told her that, and I didn't want to say anything about 
it. So she laughed, and I asked her, I said, "Has there been anybody 
in town today," and she said, "Yes," and I described him, and she said 
it fit the description of the man that was there. 



IMPROPEIR ACTIVITIES IN THE LABOR FIEfLD 7133 

Mr. Kennedy. Could you stand up now and see if you could find 
the man Do you think you could indentify him '( 

Mr. Evans. I am sure I could. 

Mr. Kennedy. Would you look around this room and see if you 
could find him 'I 

Mr. Evans. There is the man right there in the grey jacket, the sec- 
ond one from the end there. 

Mr. Kennedy. Mr. Corky Ellis, will you come around, please ? 

The Chairman. Is this the man that you identify ? 

Mr. Evans. Yes, sir. 

The Chairman. Have a seat right there, Mr. Ellis, and we will get 
to you a little later. 

Proceed. 

Mr. Kennedy. You raised this question with Mr. Keynolds? 

Mr. Evans. Well, I knew myself what had happened, and I didn't 
see him for a day or two, and he was in Nashville, I think. He left, or 
he was supposed to have been. I didn't see him, but I Imew myself 
what had happened. 

That was just about the end of it, though, and he come in the office 
and he laughed. And now this is hearsay, he didn't tell me this, but 
he said "I see somebody has pretty well worked Gene over, haven't 
they V I know that to be a fact, but as I say it was heai-say. 

The Chairman. Mr. Ellis, will you come around, please ? 

Will you be sworn ? Do you solemnly swear that the evidence you 
shall give before this Senate select committee shall be the truth, the 
whole truth, and nothing but the truth, so help you God ? 

Mr. Ellis. I do. 

TESTIMONY OF WILLIAM LEON ELLIS, ACCOMPANIED BY HIS 
COUNSEL, L. N. D. WELLS 

The Chairman. State your name, and your place of residence, and 
your business or occupation. 

Mr. Ellis. William Leon Ellis, 9250 Nathan, Nashville, Tenn., and 
I work for Kroger Grocery Co. 

The Chairman. Do you waive counsel ? 

Mr. Ellis. I have Mr. Wells representing me. 

The Chairman. Where is he? Come around, Mr. Wells. 

Counsel, will you please state your name and your place of residence. 

Mr. Wells. My name is L. N. D. Wells, Jr., and I live in Dallas, 
Tex., and I am a member of the firm of MuUinax, Wells & Morris. 

The Chairman. You live in Dallas, Tex. ? 

Mr. Wells. Yes, sir. 

The Chairman. All right, have a seat. 

You represent some labor union, do you, or labor organization ? 

Mr. Wells. Yes, sir. Our firm is counsel to the Texas State Federa- 
tion of Labor, AFI^CIO, now, and we also represent the Southern 
Conference of Teamsters. 

The Chairman. Thank you very much. Are you here in the capac- 
ity of representing those labor organizations or are you here as the 
individual counsel of this witness? 

Mr. Wells. I am counsel to Mr. Ellis. 

The Chairman. He has retained you ? 

Mr. Wells. Yes, sir. 



7134 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Mr. Ellis, would you look to your left, and. tell the 
committee if you have ever seen this gentleman before? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. You were here during the testimony of Mr. Evans, 
and were the statements that he gave regarding your hitting him 
correct ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. That you approached him to talk over a matter with 
him, and when he got within striking distance, you clobbered him? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Have you done any work for the teamsters such as 
that in other instances ? 

Mr. Ellis. What is that? 

Mr. Kennedy. Have you done anything like that for the teamsters 
in other instances ? 

Mr. Ellis. I claim my constitutional right not to be a witness 
against myself. 

Mr. Kennedy. Have you beaten anybody else up, Mr. Ellis? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Were you brought over there by Mr. Reynolds to beat 
Mr. Evans up ? 

Mr. Ellis. I claim my constitutional rights not to be forced to be a 
witness against myself. 

Mr. Kennedy. Were you accompanied on that trii) by Mr. W. A. 
Smith? 

Mr. Ellis. I claim my constitutional rights not to be forced to be a 
witness against myself. 

The Chairman. Do you honestly believe if you told the truth it 
might tend to incriminate you? 

Mr. Ellis. I claim my constitutional rights not to be forced to be a 
witness against myself. 

The Chairman. It is a fact it would incriminate you ; is that right ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Can you say anything besides that ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Proceed. 

Mr. Kennedy. Mr. Evans, there is no question in your mind but 
that Mr. Ellis is the one that hit you ? 

Mr. Evans. There is no question in my mind but what he was the 
man who attacked me. 

Mr. Kennedy. Once you were down, he kicked you; is that right? 

Mr. Evans. Yes, sir. 

Mr. Kennedy. Is that true ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Where did you say you worked ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7135 



The Chairman. Kead it back there, and I want to ask him, Where 
did you say you were employed ? 

Mr. Ellis. Can I talk to my lawyer ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I am employed at the Kroger Grocery Co. 

The Chairman. How long have you been employed there ? 

Mr. Ellis. About 3 months. 

The Chairman. Where were you formerly employed ? 

Mr. Ellis. TVA, in Gallatin, Tenn. 

The Chairman. Tennessee ? 

Mr. Ellis. Yes, sir. 

The Chairman. Are you a native of Tennessee ? 

Mr. Ellis. That is right. 

The Chairman. You lived there all of your life ? 

Mr. Ellis. No, sir ; I don't think so. 

The Chairman. Where have you lived other than in Tennessee ? 

Mr. Ellis. Can I talk to my lawyer? 

( The witness conferred with his counsel. ) 

Mr. Ellis. I was in the Navy, and I also followed oil w^ork, oil- 
field work. 

Mr. Ellis. Well, let me have a conference with my lawyer. 

(The witness conferred with his counsel.) 

Mr. Ellis. I followed it to Texas, Colorado, Wyoming, and I think 
that is about all. 

The Chairman. When did you join the teamsters? 

(The witness conferred with his counsel.) 

Mr. Ellis. November 20, 1955. 

The Chairman. When did this incident occur? 

Mr. Kennedy. December 15, 1955. 

The Chairman. You had been a member about a month when this 
incident occurred, is that right ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Did you join the teamsters or were you hired by 
them? 

(The witness conferred with his counsel.) 

Mr. Ellis. I joined the teamsters. 

The Chairman. You joined the teamsters ? 

Mr. Ellis Yes, sir. 

The Chairman. Were you ever hired by the teamsters to perform 



any service 



^Ir. Ellis. Yes, I was hired by the teamsters. 

The Chairman. To perform what service? 

Mr. Ellis. Helping organize. 

The Chairman. To help organize? 

Mr. Ellis. Yes, sir. 

The Chairman. Was that a part of your business when you were 
down there beating this fellow up. Was that what you were hired 
to do? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 



7136 IMPROPER ACTIVITIES EST THE LABOR FIELD 

The Chairman. The Chair, with the permission of the committee, 
orders and directs you to answer that question. You are ordered 
and directed to answer the question whether you were hired to go 
down there and beat this man up ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. I did not hear your answer. 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. How long ago was this? 

The Chairman. 1955, in December. 

Senator Curtis. That is all for the moment. 

The Chairman. You do not like to be left in the category here in 
public, and for this record, as one of these professional goons, do you, 
that they hire to be around and commit violence and beat up people ? 
Do you want to leave the record that way, that implication here be- 
cause you have not the courage or honesty or integrity to simply say 
you did or did not ? Do you want to leave the record that way ? 

Mr. Ellis. Let me talk to my lawyer. 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. You have that right, if you want to exercise it, but 
you are leaving yourself in a pretty bad light here. You are a young 
man, and I would think that you have some sense of decency and 
some little bit of character in you, but you are leaving a record here 
that looks pretty bad. Do you want to leave it that way now or do 
you want to just tell the facts for once and tell the truth ? 

Mr. Ellis. I will have to talk to my lawyer. 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. AVhen did you first meet your attorney ? 

Mr. Ellis. T\nien I got my subpena I went to Mr. Vestal with it 
and asked if he could recommend anybody. 

The Chairman. You went to whom with it ? 

Mr. Ellis. Mr. Vestal. 

The Chairman. Wlioishe? 

Mr. Ellis. He is the president of local 327. 

The Chairman. President of local 327 ? 

Mr. Ellis. Yes, sir. 

The Chairman. And he recommended the attorney in Dallas, Tex., 
for you ? 

Mr. Ellis. That is right. 

The Chairman. Wlio procured the attorney for you, you or him ? 

Mr. Ellis. I don't understand that. 

The Chairman, "^^lio procured the attorney, and who made the 
arrangements for your attorney, you or him ? 

Mr. Ellis. I was met or introduced to Mr. Wells by Mr. Vestal and 
I selected Mr. Wells. 

The Chairman. After he had been recommended by the president 
of the union ? 



IMPROPER ACTIVITIES IN THE LABOR FIEIiD 7137 

Mr. Ellis. I asked liim for a recommendation of a lawyer. 

The Chairman. I understand, but you were raised in Tennessee ? 

Mr. Ellis. Yes, sir. 

The Chairman. You know attorneys there ; do you not ? 

Mr. Ellis. No, sir, I am afraid I don't know very many. 

The Chairman. You do not know very many ? 

Mr. Ellis. None that I would want. 

The Chairman. There are no lawyers in Tennessee you would want? 
You have a rio;ht to go to Texas, and get counsel, and I am not com- 
plaining, but I just want the record to reflect the circumstances and 
the facts. Here is a union apparently engaged in going around beating 
up people and shooting at them, and putting on a reign of terror in a 
State down here or in a whole area, and apparently you were one of 
them that they employed to do it. When you get subpenaed before 
this committee, you go to the president of the local of which you are 
a member, and he gets you an attorney from Texas who represents labor 
organizations. It certainly has the implication to me, and I do not 
know how it has to the public and to the other members of the commit- 
tee, but it certainly has the implication to me that this union is involved 
in this reign of terror probably directly responsible for it, and they 
send you to Texas to get one of their lawyers to come up here and rep- 
resent you. You have that right, but it is just a circumstance that 
speaks louder than any explanation you have given. 

Do you want to leave the record that way ? 

Mr. Ellis. Let me talk to my lawyer. 

(The witness conferred with his counsel.) 

Mr. Ellis. I do not understand exactly what you mean there. 

The Chairman. Do you want to leave the record with that im- 
plication that you were hired as a goon and a thug by this union to go 
out here and beat up your fellow man, and then when you get sub- 
penaed before this committee to answer questions as to what occurred, 
that you immediately go to the president of that local union for advice 
with respect to getting an attorney and he sends you to Texas for an 
attorney ? Do you want to leave the record that way, that you followed 
his advice? You knew attorneys, but you are doing all of this be- 
cause of your obligation or because you have been bought and paid for 
by the union ? 

Do you want to leave the record that way ? 

Mr. Ellis. Let me talk to my lawyer. 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional rights not to be forced to be a 
witness against myself. 

The Chairman. Now, you probably have the physical courage when 
you have an advantage or think you have an advantage to take some- 
body by surprise to walk up and slug them and knock them down and 
kick them around, and then run. Then you run when somebody or 
some of the neighbors or somebody observes it and says that they are 
going to call the law. You probably have that much physical courage 
to do it as a thug and as a goon. But when you come up here and face 
the man that you beat up you haven't got the moral courage to stand 
there before him or sit there by him and admit that you did it, have 
you ? Have you ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 



7138 IMPROPEiR ACTIVITIES IN THE LABOR FIELD 

Senator Curtis. Where were you employed in December of 1955 ? 

Mr. Ellis. To the best of my recollection, I don't remember. 

The Chairman. Did you get that phrase from Jimmy Hoffa? It 
seems to be permeating around here. 

(The witness conferred with his counsel.) 

Mr. Ellis. I have never talked to Mr. Holla. 

The Chairman. I am sure of that. I meant from the pattern he set 
when he testified here before this committee. 

Senator Curtis. You honestly do not know where you were working 
in 1955, in December ? 

Mr. Ellis. I don't actually, and I can tell you where I think I was 
working. 

Senator Curtis. "VVliere was it ? 

Mr. Ellis. I think that I was working at the Ford glass plant. 

Senator Curtis. Where is that located 'i 

Mr. Ellis. That is located in the west part of Nashville. 

Senator Curtis. When did you begin w^orking there ? 

Mr. Ellis. I don't remember the exact date. 

Senator Curtis. You think you were working there in the middle 
of the month, around December 15 ? 

Mr. Ellis. I don't remember. There was a lot of wet weather and 
I was working on a truck, and we were laid off a lot, and I don't 
remember exactly when. 

Senator Curtis. Did you work for anybody else in December ? 

Mr, Ellis. I don't remember if I did. 

Senator Curtis. Were you paid for doing anything in December 
other than working for this glass company ? 

Mr. Ellis. December of what ? 

Senator Curtis. 1955. 

Mr. Ellis. Let me have a conference with my lawyer. 

(The witness conferred with his counsel.) 

Mr, Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Now, if there was some employment and some pay- 
ment to you in December of 1955 for something that you decline to 
testify about, I want to ask you : Did you report that remuneration in 
your income tax ? 

Mr. Ellis. Did I do what? 

Senator Curtis. Did you report the money you received in your 
income tax? 

Mr. Ellis. Money received when ? 

Senator Curtis. In December of 1955. 

Mr. Ellis. Let me consult my lawyer. 

(The witness conferred with his counsal.) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Do you know the man sitting upon your left ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. That is not forcing you to be a witness against 
yourself, and your own attorney will not contend that. Do you know 
the man sitting on your left ? 

Mr. Ellis. I will have a conference with my attorney. 

(The witness conferred with his counsel.) 



IMPROPER ACTIVITIES TN" THE LABOR FIELD 7139 

Mr. Wells. May I address tlie Chair ? 

I beo; your pardon. The clerk was asking me a question. 

The Chairman. The question was: Do you know the man sitting on 
your left? 

Mr. Wells. Thank you. 

The Chairman. That is the question to the witness. 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. I^Hio is paying your attorney for you ? 

Mr. Ellis. That has not yet been decided. 

The CiLVTRMAN. You have not agreed to pay him? If it has not 
been decided, you have not agreed to pay him, 

Mr. Ellis. It hasn't been decided. 

The Chairman. You have not yet agreed to pay your counsel, 
have you? Answer the question. Have you? Have you yet agreed 
to pay him ? 

Mr. Ellis. I have not yet agreed to pay him. 

The Chairman, You have not yet agreed to pay him ? 

Mr. Ellis. No, 

The Chairman. All right. Thank you. 

Senator Curtis, Now, did you ever see Mr, Evans, who is on your 
left, before today ? 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis, That is all. 

Mr. Kennedy, I just have a couple of questions, Mr. Ellis. Where 
were you born ? 

Mr. Ellis. I was born in White Bluff, Tenn. 

Mr, Kennedy, Did you go to school there ? 

Mr, Ellis, No, sir; I didn't. 

Mr. Kennedy. Where did you go to school ? 

Mr. Ellis. I went to school at Cohn, Cohn High. 

Mr. Kennedy. In West Nashville? 

Mr. Ellis. Yes, sir. 

Mr. Kennedy. And you lived there, or went to school there, until 
what time? 

Mr, Ellis. Well, actually, I mean I think that I left White Bluff 
when I was 18 months old, or something like that. 

Mr. Kennedy. How far did you go through school ? 

Mr. Ellis. I finished school. 

Mr. Kennedy. You finished high school ? 

Mr. Ellis. I don't know what you call it ; not actually at Cohn, I 
got school through cor res]ion deuce. 

Mr, Kennedy. Through high school ? 

Mr. Ellis. Well, they gave me a diploma. 

Mr, Kennedy. What did you do after that? 

Mr. Ellis. After I got out ? 

Mr. Kennedy. Yes. 

Mr, Ellis. I was in the Navy for a while. 

Mr. Kennedy, How long were you in the Navy ? 

Mr. Ellis. I went in the Navy, and I was in service altogether 
about 4 years, I think; the best I remember it was about 4 years. 

Mr. Kennedy. Startino; when ? 



7140 IMPROPER ACTIVITIEiS EST THE LABOR FIELD 

Mr, Ellis. I don't remember the exact date when it was. 

Mr. IvENNEDY. You do not remember when you were in the Navy ? 

Mr. Ellis. Not the exact date. 

Mr. Kennedy. Approximately what years ? 

Mr. Ellis. I would say somewhere around 1944 or 1945, or some- 
where in there. 

Mr. KJ3NNEDY. 1944 or 1945 ? 

Mr. Ellis. Somewhere in there. 

Mr. KJENNEDY. Until what time ? 

Mr. Ellis. Well, I would say around 1948, or something like that. 

Mr. Kennedy. How old are you now ? 

Mr. Ellis. 29 years of age. 

Mr. Kennedy. 29 years of age? 

Mr. Ellis. Yes, sir. 

Mr. Kennedy. You did some boxing in the Navy ? 

Mr. Ellis. I may have done some ; everybody does some boxing in 
the Navy that goes through calisthenics. 

Mr. IvENNEDY. Did you do any boxing in the Golden Gloves? 

Mr. Ellis. Not actually Golden Gloves, I think. 

Mr. Kennedy. What kind of boxing did you do ? 

Mr. Ellis. I might have done some amateur boxing. 

Mr. Kennedy. Where did you box amateur ? 

Mr. Ellis. I boxed some in Nashville. 

Mr. Kennedy. In Nashville ? 

Mr. Ellis. Yes, sir. 

Mr. Kennedy. You never did any professional boxing ? 

Mr. Ellis. No, sir ; I never did. 

Mr. Kennedy. For how long did you box amateur? 

Mr. Ellis. I don't really remember how long, exactly, it was. 

Mr. Kennedy. When was that when you were boxing in Nashville ? 

Mr. Ellis. Sir? 

Mr. Kennedy. When were you boxing amateur ? 

Mr. Ellis. I don't remember. To the best of my recollection, 1 
don't remember the exact date. 

Mr. Kennedy. Was it a couple of years ago, 5 years ago, or after 
you got out of the Navy ? 

Mr. Ellis. It has been longer than that. 

Mr. Kennedy. After you got out of the Navy ? 

Mr. Ellis. No ; I think it was before. I am not sure. 

Mr. Kennedy. Do you know Mr. Canaday, Perry Canaday ? 

Mr. Ellis. Let me talk to my lawyer. 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr, Kennedy. Did you know that Mr. Canaday and JNIr. Rich- 
ardson and another gentleman were arrested for the slugging and 
almost killing of an individual by the name of Bruce, of the B. & S. 
Trucking Company ? 

Mv. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And that that beating took place on November 21, 
1955, sliortly after you were hired ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7141 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. It is a strange thing. They were able to get every- 
body else except the man who did the slugging of Mr. Bruce. Accord- 
ing to the testimony we had yesterday, Mr. Bruce still is not able to 
work 2 years later, and he still does not have all his faculties. Do you 
know anything about the slugging of Mr. Bruce ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Is it not a fact that you were the one that did that ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. You have been arrested on other occasions, have you 
not, for slugging people ? Isn't that right ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I was accused of it, but I was acquitted. 

Mr. Kennedy. When was that ? 

Mr. Ellis. I don't remember the exact date of it. 

Mr. Kennedy. Was it this year ? 

Mr. Ellis. I believe it was. 

Mr. Kennedy. 1957 ? 

Mr. Ellis. Yes. 

Mr. Kennedy, "^^^io were you supposed to have beaten up at that 
time? 

Mr. Ellis. Earl O'Bryan. 

The Chairman. Did you have a lawyer at that time? Wlien you 
w^ere acquitted, did you have a lawyer ? 

Mr. Ellis. I had Z. T. Osborne at that time. 

The Chairman. You did know him and you used him in that 
instance ? 

Mr. Ellis. I did. 

The Chairman. So you have used Tennessee lawyers in the past? 

Mr. Ellis. I have used one. 

The Chairman. All right. Go ahead. 

Mr. Kennedy. Who did you have as an attorney ? 

Mr. Ellis. Z.T.Osborne. 

Mr. Kennedy. Does he do any work for the teamsters down there ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I have heard that he was the teamster lawyer there in 
Nashville. 

Mr. Kennedy. How did you happen to retain him ? 

Mr. Ellis. How I happened to retain him ? I was advised to go to 
him. 

INIr. Kennedy. By whom ? 

Mr. Ellis. Mr. Vestal. 

Mr. Kennedy. He is president of the local ? 

Mr. Ellis. Yes, sir. 

Mr. Kennedy. Now, who paid Mr. Osborne's fee? Did you pay 
him? 

Mr. Ellis. I did not pay him. 

Mr. Kennedy. So the union local paid that ? 

Mr. Ellis. I do not know. 



7142 IMPROPER ACTIVrTIES EST THE LABOR FIELD 

Mr. Kennedy. You did not have any discussion about fee witli 
him? 

Mr. Ellis. No, sir. 

Mr. Kennedy. You went to him on the recommendation of Mr. 
Vestal ; is that riglit ? 

Mr. Ellis. Not altogether. 

Mr. Kennedy. Mr. Vestal recommended him to you ? 

Mr, Ellis. I knew he was a lawyer. 

Mr. Kennedy. Didn't Mr. Vestal recommend that you go to him ? 

Mr. Ellis. I asked him who was a good lawyer there and he told 
me of a man's name. 

Mr. Kennedy. So you went to him ? 

Mr. Ellis. Yes. 

Mr. IvENNEDY. So there was never any discussion of the fee. Who 
was it you were supposed to have beaten up ? 

Mr. Ellis. Earl O'Bryan. 

Mr. IvENNEDY. Where did he work ? 

Mr. Ellis. I think he worked for Roadway Express. 

Mr. Kennedy. He was a member of the teamsters ? 

Mr. Ellis. Yes, sir. 

Mr. Kennedy. Did you understand he was deemed to be an agitator 
in Nashville, Tenn. ? 

Mr. Ellis. What was the question ? 

Mr. Kennedy. Did you understand that he was deemed to be an 
agitator in Nashville, Tenn., that he was one of those raising a lot 
of questions in the local in Nashville ? 

Mr. Ellis. Well, I read in the paper that he was. 

The Chairman. Did you get that information from anyone else 
than the paper ? 

Mr. Ellis. No, sir ; I read it in the paper. 

The Chairman, What instructions did you get when you were told 
to go beat him up? Did they tell you why they wanted him beaten 
up? 

Mr. Ellis. No one told me anything on it. 

The Chairman, All right, proceed, 

Mr. Kennedy, But when you were accused of it, the teamsters, Mr, 
Vestal recommended the attorney and you never paid the attorney; 
is that right ? 

Mr, Ellis, I haven't had the money to pay him, I will tell you. 

Senator Cltrtis, Did you take the witness stand in that case ? 

Mr. Ellis. I did. 

Senator Curtis, Did you deny having any part in the offense you 
were charged with ? 

Mr. Ellis. I did not deny that me and Mr, O'Bryan were talking, 
I did not deny that me and Mr, O'Bryan were talking. 

Senator Curtis, But you denied hitting him or injuring him? 

Mr, Ellis, Yes, sir. 

Senator Curtis, Did you hit him ? 

Mr, Ellis, No, sir; I didn't. 

The Chair]man, Did you hit this man ? 

Mr, Elijs. I claim my constitutional right not to be forced to be a 
Avitness against myself. 

The Chairman. Do you not see the implication ? You can deny the 
charge of hitting another man and here you sit beside a man who said 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7143 

you beat him up. I cannot draw any other inference from it except 
that you, in this instance, were the one employed and did the job. 
Otherwise you could say you did not. Do you want to leave that 
inference ? 

Mr. Ellis. Wliat was the question again ? 

The Chairman. Do you want to leave that inference? 

Mr. Ellis. What inference ? 

The Chairman. The inference, by not denying it, you beat this man 
up? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Are you still in the employ of the union local ? 

Mr. Ellis. Am I what ? 

The Chairman. Are you still in the employ of the teamsters union 
local ? 

Mr. Ellis. I am employed by Kroger Co. 

The Chairman. I know you are, but you said you were employed 
by the teamsters local there. Are you still being employed ? 

Mr. Ellis. I work for Kroger Grocery Co. 

The Chairman. I know you work for Kroger. I am not question- 
ing that. But you testified that you had been in the employ of the 
teamsters local. Did you not testify to that a few moments ago ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I am not employed by the teamsters local. 

The Chairman. You have been in the past, have you not? You 
testified to that. 

Mr. Ellis. I have worked on picket lines ; yes. 

The Chairman. What other kinds of work did you do for them? 

Mr. Ellis. That is all that I remember outside of working in the 
election. 

The Chairman. Are you one that is just called on for special occa- 
sions by the teamster local ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Did Mr. Keynolds call you up by long distance 
telephone a day or two before this man was beat up ? 

(The witness conferred with his counsel. ) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. How come you went down there at that time ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Were you in Knoxville on the day this man was 
beaten up ? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Were you ever paid any money or check or other 
thing of value by this local teamsters union or any other official or 
person connected with the teamsters union ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

80330— 58— pt. 18 7 



7144 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Senator Curtis. Did you report all of the money that came into 
your hands in 1955 in your income-tax return ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. That is all. 

Mr, Kennedy. As I understand it, Mr. Ellis, you did not beat Mr. 
O'Bryan up. Is that your testimony? You did not participate in 
this beating ? 

Mr. Ellis. I was acquitted of it. 

Mr. Kennedy. You never did take part in it ? 

Mr. Ellis. I never did. 

Mr. Kennedy. Did you take part at all in the beating up of Mr. 
Bruce? 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr, Kennedy. I would like to point out once again that Mr. Bruce 
was beaten in November 1955, and still cannot work. He was uncon- 
scious for 10 clays and still does not have the use of all his faculties. 

The Chairman. Were you hit by anything as far as you know be- 
sides the man's fist ? 

Mr. Evans. Your Honor, I think he had something on his hand. 

The Chairman. Was it knuckles ? 

Mr. Evans, I don't believe it was metal. My opinion was that it 
was a piece of leather across his hand, 

Mr. Kennedy. Then you were kicked in the head ? 

Mr, Evans, Yes. 

Mr. Kennedy. How many are in your group of thugs that they 
call on to go around and beat people up? Who else is in the crowd 
with you ? 

Mr, Ellis, I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. You can be a witness against them and tell who 
they are, can't you ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my right not to be forced to be a witness against 
myself. 

Senator Curtis. Did any law officers ever interrogate you concerning 
the charge of beating up Mr. Evans ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. I am not asking you what you told them, I am 
asking you if any law-enforcement officers ever questioned you about 
beating up Mr. Evans. 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witnesss against myself. 

Senator Curtis,' Were you ever questioned by any law-enforcement 
officers concerning the beating up of Mr, Bruce ? 

Mr, Ellis, I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman, Do you have a family ? 

Mr. Ellis. Yes, I have a family. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7145 

The Chairman. How would you like to get beat up just because 
somebody did not agree witli you ? 

Mr. Ellis. I don't understand your question. 

The Chairman. How would you like to get beat up just because 
someone did not agree with you ? 

(The witness conferred with his counsel.) 

Mr. Ellis. I don't understand exactly what you mean. 

The Chairman. You do not ? Do you not think if the situation had 
been reversed and you had been in his place and he in yours, you 
would understand what I meant? 

(The witness conferred with his counsel.) 

Mr. Ellis. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. The Chair is going to express a little opinion. I 
think people who sell their services to act as goons and thugs and go 
around and beat people up are the scum of humanity. You can be 
your own judge as to whether you are guilty or not. Any other 
questions ? 

Mr. Kennedy. That is all. 

The Chairman. Stand aside. 

Call the next witness. 

Mr. Kennedy. Mr. Robert Caldwell. 

The Chairman. Do you solemnly swear the evidence you shall give 
before this Senate select committee shall be the truth, the whole truth, 
and nothing but the truth, so help you God ? 

Mr. Caldw^ell. I do. 

TESTIMONY OF ROBERT CALDWELL 

The Chairman. Be seated. State your name, place of residence, and 
occupation. 

Mr. Caldw^ell. Bob Caldwell, Salway Road, Knoxville, Tenn. 

The Chairman. What is your occupation ? 

Mr. Caldw^ell. Truckdriver. 

The Chairman. You waive counsel, do you, Mr. Caldwell ? 

Mr. Caldwell. I don't understand your question. 

The Chairman. Do you waive counsel? You do not have an at- 
torney to represent you. Do you feel you need an attorney to represent 
you ? 

Mr. Caldwell. No, sir. 

The Chairman. Thank you very much. Proceed. 

Mr. Kennedy. Mr. Caldwell, you are a driver for the Purity Pack- 
ing Co. ? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. You held the same position in 1956 ? 

Mr. Caldw^ell. Yes, sir. 

Mr. Kennedy. The teamsters were making an effort to organize you 
in 19.56? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. Were you interested in joining the union at that 
time? 

Mr. Caldwell. Xo, sir. 

Mr. Kennedy. Was there a picket line placed outside the Purity 
Packing Co. ? 



7146 IMPROPER ACTIVITIES EST THE. LABOR FIELD 

Mr. Caldwell. Yes, sir; on Monday morning when I went to 
work 

Mr. Kennedy. Could you speak up a little ? 

Mr, Caldwell. On Monday morning when I went to work at ap- 
proximately 5 o'clock, I heard something about they were on strike, 
but I didn't know for sure what was happening. In fact, I didn't 
know anything about the union to start with. As I pulled in on the 
property, I saw approximately 10 cars and some men pull in behind 
me. 

Mr. Kennedy. Did you understand the teamsters approached the 
Purity Packing Co. and said they had a majority of employees signed 
up and they wanted a contract with that company and that the com- 
pany had requested an election, and that the union had refused the elec- 
tion and had put the picket line up. 

Mr. Caldwell. At the time I didn't. 

Mr. Kennedy. Did you learn that subsequently ? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. So the picket line was up ; is that right ? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. Did you continue to work despite the picket line ? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. You went around through the back ? 

Mr. Caldwell. I went out the back exit. 

Mr. Kennedy. You came out so that they did not know you were 
coming out ; is that right ? 

Mr. Caldwell. Right. 

Mr. Kennedy. On Friday night, October 25, 1956, you were not at 
home ; is that right ? 

Mr. Caldwell. October 26. 

Mr. Kennedy. October 26. 

Mr. Caldwell. Yes. 

Mr. Kennedy. Did something occur near your home at that time ? 

Mr. Caldwell. My automobile was blown up. 

Mr. Kennedy. Could you tell the committee where you were ? 

Mr. Caldwell. I had gone to the ball game in Knoxville. 

Mr. Kennedy. Before the ball game was over, did your brother 
come in to get you ? 

Mr. Caldwell. No. We left the ball game and went to eat. 

Mr. Kennedy. And then your brother came in to get you ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. Will you tell what happened ? 

Mr. Caldwell. I was told that my car was blown to pieces. 

Mr. Kennedy. Some dynamite had been put under your car ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. How much dynamite was placed under your car ? 

Mr. Caldwell. I don't know. It must have been pretty big. 

Mr. Kennedy. Was there anything left of the car ? 
Mr. Caldwell. Not that was of any use. 

Mr. Kennedy. So the car was a complete loss. Do you have a pic- 
ture of the car there ? 
Mr. Caldwell. Yes. 
The Chairman. The picture may be made exhibit No. 7. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7147 

(The photograph referred to was marked "Exhibit No. 7" for 
reference and may be found in the fdes of the select committee. ) 

Mr, Kennedy. Your wife was home ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. You have a couple of children ? 

Mr. Caldw^ell. Yes. 

Mr. Kennedy. Your wife was in bed ? 

Mr. Caldavell. Yes, sir. 

Mr. Kennedy. Was she expecting another child ? 

Mr. Caldw^ell. Yes, sir. 

Mr. Kennedy. Did she hear the explosion ? 

Mr. Caldwell. It knocked her out of bed. 

Mr. Kennedy. Knocked your wife, who was expecting a child, and 
your two children, out of bed ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. Did it have any effect on your wife ? 

Mr. Caldwell. Well, she is sort of a nervous girl, anyway. I would 
say 6 or 8 weeks following the dynamiting of the car she had to stay 
in bed. 

Mr. Kennedy. Was that on instructions of the doctor ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. He said after being thrown out of bed like this, she 
would have to remain in bed ? 

Mr. Caldwell. He examined her Saturday morning following that, 
and told her it would be necessary to stay in bed to keep from losing 
the baby. 

Mr. IvENNEDY. Did she remain in bed ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. How long a period of time ? 

Mr. Caldwell. Just about until it was born. 

Mr. Kennedy. That was 8 or 10 weeks ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. Actually 4% or 5 months ? 

Mr. Caldwell, Four months. 

Mr. I^iiNNEDY. She remained in bed for the 4-montli period, then? 

Mr. Caldwell. Yes. She also was in the hospital two times before 
this. 

Mr. Kennedy. Did the doctor express concern she would lose her 
baby because of what happened ? 

Mr. Cald\vell. He expressed concern that there was a possibility 
she would lose it. 

Mr. Kennedy. For what reason do you think your automobile was 
dynamited ? 

Mr. Caldwell. The only reason I could guess would be that they 
did not want me to work. In fact, I never was approached by any 
union official whatsoever. Other than that, that is the only reason it 
could be. 

Mr. Kennedy. What do you think the reason was? 

Mr. Caldwell. I would not have the slightest idea. 

Mr. Kennedy. What was the reason you think your automobile was 
blown up ? That is what I am trying to get from you. I could not 
luiderstand your answer. What reason do you think dynamite was 
put under your automobile ? 



7148 IMPROPER ACTIVITIEiS IK THE LABOR FIELD 

Mr. Cald^^t:ll. I imagine so to make me and the other three drivers 
that had not joined, to make us join. 

Mr. Kennedy. To make you join the union ? 

Mr. Caldwt^ll. Yes. 

Mr. Kennedy. Did you see anything on the day prior to the dyna- 
miting? Did anything occur around your home that made you 
suspicious ? 

Mr. Caldwell. Yes, sir. On Thursday before the dynamiting this 
Mr. Payne, I presume, I think it was his car, it had set on the picket 
line. 

Mr. Ivennedy. He is the business agent of the teamsters ? 

Mr. Caldwell. Yes. 

Mr. Kennedy. He was in charge of the f)icket line in front of your 
company ? 

Mr. Cald^vell. I presume so. This car and two of them, the truck 
drivers that were on strike, came down the highway. I pulled into 
my mother's store which is approximately 300 feet from the house. 
They made this loop. 

Mr. Kennedy. What ? 

Mr. Caldwell. They made this loop and come back of my house and 
stopped in front of my house. One of the boys that was in the car 
had his arm out the window pointing to where my car sat. 

Mr. Kennedy. So the day before the explosion took place, Mr. 
Payne, who is secretary-treasurer of the teamsters, had been active 
in the picket line, came in a car and circled around and they parked 
and then an individual who was one of those that was on strike put 
his finger out the window and pointed to the place where your car was ; 
is that right ? 

Mr. Caldwell. I don't know for sure whether it was Payne or not, 
but I do know it was one of the boys who was on strike. 

Mr. Kennedy. You did recognize one of the fellows that was on 
strike? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. And you recognized, as I understand it, the car as 
being Mr. Payne's car. 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. Although you do not know whether it was him, you 
recognized the car as his ? 

Mr. Caldwell. I recognized the car as being the one that set on 
the picket line during the week. It set there all week long. 

Mr. Kennedy. The following night after that occurred, your car 
was dynamited ? 

Mr. Caldwell. Right. 

Mr. Kennedy. Were you interviewed that night by the police? 

Mr. Caldwell. No ; when I got home there was only one there. He 
3 ust said it was a terrible thing. That is all. 

Mr. Kennedy. Did you ever healr again ? 

Mr. Caldwell. No,^sir ; I went to Attorney Clements' office on Sat- 
urday morning. He just passed it back. Other than that that is the 
last I heard of it. 

The Chairman. Was he the prosecuting attorney or district 
attorney ? 

Mr. Caldwell. I don't know. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7149 

Mr. Kennedy. He is the prosecuting attorney, though, the district 
attorney in that district ; is he not ? 

]Mr. Caldwell. I believe he is. 

Senator Curtis. You say you went to talk to him ? 

Mr. Caldwell. Yes, sir. 

Senator Curtis. "Wliat did you say to him ? 

Mr. Caldwell. Probably what I have said to you. 

Senator Curtis. You told him what happened ? 

Mr. Caldwell. Yes. 

Senator Curtis. What did he say to you ? 

Mr. Caldwell. Nothing. 

Senator Curtis. Did he take your statement in writing ? 

Mr. Caldwell. Yes, sir. 

Senator Curtis. Did he ever call you back ? 

Mr. Caldwell. No, sir. 

Senator Curtis. He made no observation about the case at all 
that you remember? 

Mr. Cald\\t5ll. No, sir. 

The Chairman. Were you ever called before a grand jury? 

Mr. Caldwell. No, sir. 

Senator Curtis. Now, there was a police officer at the scene of 
the dynamiting when you arrived home ? 

Mr. Caldwell. Yes. sir. 

Senator Curtis. Did he talk to you ? 

Mr. Caldwell. No, no more than say it was a terrible thing. That 
was all. 

Senator Curtis. He never took your statement ? 

Mr. Caldwell. No, sir. 

Senator Curtis. He never asked you about seeing this car that you 
identified as one that was near the picket line having some occupants 
who pointed out your car ? 

Mr. Caldwell. No. All he told me was that they had to pick up 
these three boys that was on strike, that was all. 

Senator Curtis. You do not know whether they picked them up or 
not? 

Mr. Caldwell. I don't know for sure, but I had heard that they 
did. But they did not hold them. I mean they held them a day, 
I think was all. 

Senator Curtis. Were you reimbursed for your loss of car by 
anyone ? 

Mr. Caldwell. Well, my boss took it upon himself and bought me 
an automobile. 

Mr. Kennedy. Was your automobile insured ? 

Mr. Caldwell. It had fire and theft on it, but it was not paid for. 

Mr. Kennedy. But your insurance premium for fire and theft was 
paid? 

Mr. Caldwell. I imagine it was. 

Mr. Kennedy. Did tlie insurance company pay you for the car? 

Mr. Caldwell. No, sir. 

Mr. Kennedy. Why not? 

Mr. Caldwell. I don't know. 

Mr. Kennedy. Did they give you a reason ? 

Mr. Caldwell. They said it did not cover dynamiting. 



7150 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Your insurance policy covered only fire and theft, 
and therefore did not cover dynamiting, is that right? 

Mr. Caldwell. That is right. 

Mr. Kennedy. Did you have some medical bills for your wife? 

Mr. Caldwell. Yes, sir ; I had quite a few. 

Mr. Kennedy. Because of what occurred? 

Mr. Caldwell. Yes, sir. 

Mr. Kennedy. How much did they amount to, approximately ? 

Mr. Caldwell. Approximately, around $300. Of course, she was 
in the hospital before the baby was born, which my insurance would 
not cover, two times prior. 

Mr. Kennedy. So, she was in the hospital a couple of times. In 
addition, you had $300 worth of medical expense at home, and how 
much was your automobile worth? 

Mr. Caldwell. I paid $850 for it. 

Mr. Kennedy. It was a total loss ? 

Mr. Caldwell. Yes, sir. 

The Chairman. Is there anything further? If not, the commit- 
tee will stand in recess until 2 o'clock. 

(Members present at the taking of the recess were Senators Mc- 
Clellan and Curtis.) 

( Wliereupon, at 12 : 15 p. m., a recess was taken until 2 p. m. the 
same day.) 

atter recess 

(Members present at the convening of the session were Senators 
McClellan and Curtis.) 

The Chairman, The committee will come to order. 

Call the next witness. 

Mr. Kennedy. Sam Peters, please. 

The Chairman. Will you be sworn ? You do solemnly swear that 
the evidence you shall give before this Senate select committee shall 
be the truth, the whole truth, and nothing but the truth, so help you 
God? 

Mr. Peters. I do. 

TESTIMONY OF SAM PETEES 

The Chairman. Be seated over here. State your name, your place 
of residence, and your business or occupation, please, sir. 

Mr. Peters. Sam Peters, Sardis, Ohio. I am a storekeeper. 

The Chairman. Mr. Peters, do you waive the right of counsel 
while you testify ? 

Mr. Peters. Yes, sir. 

The Chairman. Thank you very much. Proceed, Mr. Kennedy. 

Mr. Kennedy. Mr. Peters, for a period of time you lived in Ten- 
nessee and were a member of the teamsters union ? 

Mr. Peters. Yes, sir. 

Mr. I^NNEDY. That was what year? 

Mr. Peters. From March 1953, and I was a member until 1956, 
through 1956. 

Mr. Kennedy. During that period of time, did you act as an 
organizer ? Did you work in organizational work ? 

Mr. Peters. Yes, sir. 



IMPROPER ACTIVITIES EST THE LABOR FIEiLD 7151 

Mr. Kennedy. Were you associated in that work with Mr. W. A. 
Smith? 

Mr. Peters. Yes, sir. 

Mr. Peters. And Mr. Perry Canaday ? Is that right ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. By whom were you originally hired ? 

Mr. Peters. I was never hired, sir. I never was on the payroll of 
the union. 

Mr. Kennedy. Your expenses were paid ? 

Mr. Peters. One time only, sir. 

Mr. Kennedy. Is that when you went over to North Carolina ? 

Mr. Peters. Yes. 

Mr. Kennedy. And you did some work over in North Carolina ? 

Mr. Peters. Yes. 

Mr. Kjjnnedy. What period of time was that, that you were work- 
ing over there ? 

Mr. Peters. That was sometime the first part of December 1954. 

Mr. Kennedy. 'Wlio sent you over to North Carolina ? 

Mr. Peters. Don Vestal. 

Mr. Kennedy. What position does he hold ? 

Mr. Peters. He is president of the local in Nashville. 

Mr. Kennedy. That is local 327 ; is that right ? 

Mr. Peters. Yes. 

Mr. Kennedy. Under him was working W. A. Smith, who was the 
business agent ; is that right ? 

Mr. Peters. Yes. 

Mr. Kennedy. Canaday was a business agent, also, of local 327? 

Mr. Peters. Yes. 

Mr. Kennedy. Now, when you came back to Tennessee, did Mr. 
Smith approach you about taking part in any violence ? 

Mr. Peters. No, sir. He did not approach me. I came back from 
North Carolina to Nashville with the intention of going back to North 
Carolina in 2 or 3 days, and W. A. Smith and a man by the name of 
Marston, I went back with them. 

Mr. Kennedy. That is Bobby Marston ? 

Mr. Peters. Yes. 

Mr. Kennedy. He is a member of local 327 ? 

Mr. Peters. Yes. 

Mr. Kennedy. He went back to North Carolina ? 

Mr. Peters. Yes. 

Mr. Kennedy. Did you understand there was any violence that took 
place in North Carolina while you were over there ? 

Mr. Peters. Not in the State of North Carolina, sir. I don't think 
while I was there. 

Mr. Kennedy. Did you take part in any when you came back into 
Tennessee a second time ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Did you take part with Mr. Smith and Mr. Canaday 
in the siruping of trucks ? 

Mr. Peters. I don't think Mr. Canaday was there, sir. 

Mr. Kennedy. Was Mr. Smith ? 

Mr. Peters. I think Mr. Smith, Mr. Marston, and some representa- 
tives out of Charlotte, N. C, local there. There were maybe 5 or 6 or 
7 people in the 2 cars. 



7152 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. You know Mr. Smith was there ? 

Mr. Peters. Yes. 

Mr. Kennedy. How many different occasions did this occur, the 
siruping of trucks ? 

Mr. Peters. Once in Newport, Tenn. 

Mr. Kennedy. What company ? 

Mr. Peters. The Tennessee-Carolina Transportation. 

Mr. Kennedy. Did you take part in that ? 

Mr. Peters. No, sir; I was in the automobile when the siruping 
was done. 

Mr. Kennedy. You did not actually do the siruping, but you drove 
the automobile ? 

Mr. Peters. No, sir; I was not driving, either. I was a passenger 
in the car. 

Mr. Kennedy. When was that, approximately ? 

Mr. Peters. I think it was in December, the month of December 
of 1954, sir. I don't remember the exact dates. 

Mr. Kennedy. At whose direction was the siruping of these trucks 
done ? 

Mr. Peters. I would say W. A. Smith. I could not say definitely. 

Mr. Kennedy. You were taking orders from him ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. And he was the business agent of 327 of the team- 
sters. Now, the teamsters were having difficulty with this trucking 
company at the time ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. They were striking them ; were they ? 

Mr. Peters. Yes. 

Mr. Kennedy. The siruping was done for that purpose, to cause 
damage to this company that was on strike ; is that right ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Do you know how many trucks were siruped ? 

Mr. Peters. In that instance, one. 

Mr. Kennedy. Just one truck ? 

Mr. Peters. Yes. 

Mr. Kennedy. Did you take part in any other ? 

Mr. Peters. Yes. 

Mr. Kennedy. Was anybody ever arrested in connection with that ? 

Mr. Peters. Yes, sir ; I was. 

Mr. Kennedy. Were you convicted ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. In connection with the siruping of that truck ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Althouoh you had not taken any part in it ; is that 
right? 

Mr. Peters. I was in the automobile. I didn't have any active 
part in it. 

Mr. Kennedy. Was anybody else arrested other than yourself ? 

Mr. Peters. No, sir. 

Mr. Kennedy. Just yourself, and you were convicted ; is that right ? 

Mr. Peters. Yes, sir. 

Mr, Kennedy. And sent to jail ? 

Mr. Peters. I was sentenced. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7153 

Mr. Kennedy. Sentenced to 30 days ? 

Mr. l^ETERS. Yes. 

Mr. Kennedy. But you have not served that ? 

Mr. Peters. No, sir. 

Senator Curtis. Was anybody else arrested ? 

Mr. Peters. No, sir. 

Senator Curtis. Did the officers, after they arrested you, take your 
statement and ask you what took phice ? 

Mr. Peters. I never was asked any questions by any officers at all, 
sir. 

Senator Curtis. And you were never given a chance to state what 
you were doing and what happened and what you saw and heard ? 

Mr. Pi:ters. I received that opportunity at the trial, sir, but I de- 
clined. I didn't say anything about it, who did it at that time. 

Senator Curtis. Was it tried by jury ? 

Mr. Peters. Yes, sir. 

Senator Curtis. You mean that you did not take the witness 
stand ? 

Mr. Peters. Yes, sir ; I did take the witness stand. 

Senator Curtis. Prior to that, did any law officer ever ask you for 
your version of wliat happened on the date involved ? 

Mr. Peters. No, sir. 

Senator Curtis. To your knowledge, was anyone who did have part 
in it arrested ? 

Mr. Peters. No, sir. 

Senator Curtis. Did any of the participants in this act ever talk 
to you about going to trial ? 

Mr. Peters. Yes, sir. 

Senator Curtis. Who did ? 

Mr. Peters. W. A. Smith. 

Senator Curtis. What did he say to you ? 

Mr. Peters. I cloir t remember the exact words of it, sir. 

Senator Curtis. Give me tlie idea. 

Mr. Peters. I guess I did the whole thing but not involve him in 
it, I imagine, sir. That is what my interpretation of what the conserva- 
tion would have been. 

Senator Curtis. Is that a conversation where he suggested that or 
wliere he requested it or wliere you were ordered to ? 

Mr. Peters. I don't remember. That was a long time ago. That is 
one thing I would like to forget. 

Senator Curtis. You didn't have to serve your time ? 

Mr. Peters. The case was ap])ealed, sir. I honestly don't know 
the final disposition of it. I could not tell you. I haven't heard since 
the case was appealed to the Supreme Court. 

Senator Curtis. That is all. 

Mr. Kennedy. But you were sentenced and fined at that time ? 

Mr. Peters. Yes, sir. 

Mr, Kennedy. And you did not pay the fine nor serve the sentence ? 

Mr. Peters. No. 

Mr. Kennedy. "Who represented you in that case ? 

Mr. Peters. An attorney from Chattanooga, by the name of King. 

Mr. Kennedy. Wlio obtained him for you ? 

Mr. Peters. I didn't. I don't know what he was paid or who paid 
him. 



7154 IMPROPER ACTiyrriES in the labor field 

Mr. Kennedy. You did not pay him yourself ? 

Mr. Peters. No. 

Mr. KJENNEDY. Do you know if he was paid by the teamsters ? 

Mr. Peters. He was their attorney in labor matters. 

Mr. Kennedy. He was the attorney for the teamsters ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Did he recommend that you not take the stand ? 

Mr. Peters. No, sir. 

Mr. Kennedy. You just decided that on your own ? 

Mr. Peters. I think I was put on the stand, if I remember right. 

Mr. Kennedy. And refused to talk ? 

Mr. Peters. No, sir, I didn't refuse to talk. I said I didn't do the 
act, which I didn't. But I did not implicate anyone else in it. 

Mr. Kennedy. Did they ask you about who else might be involved ? 

Mr. Peters. I don't remember for sure if they did or not, Mr. Ken- 
nedy. Most likely they did. In a trial of that sort I imagine they 
would. 

Senator Curtis. What is the name of that attorney ? 

Mr. Peters. King, K-i-n-g. 

Senator Curtis. Do you Imow his first name or initial ? 

Mr. Peters. H. G.B.King. 

Senator Curtis. And you did not pick him out ? 

Mr. Peters. Well, sir, indirectly I guess I did. I knew of the man. 
He is a good attorney and he was recommended to me and I guess I 
would have been responsible for picking him out. There was also 
another attorney from Newport, Tenn., by the name of Hurd. I don't 
remember his first name. 

Senator Curtis. But as a matter of ethics an attorney should not 
consent to defending a man charged with an offense if there is any 
obstruction in the way of his making an allout defense for you. Was 
he interested in what might come out of this trial about some of these 
other parties ? 

Mr. Peters. I don't know, sir. 

Senator Curtis. That is all. 

The Chairman. Before we pass on to other incidents and interro- 
gate you about them, in this instance, as I understand there were how 
many actually who participated in the act ? 

Mr. Peters. Two men. 

The Chairman. Two beside you ? 

Mr. Peters. There were either 5 or 6, it could have been 7 people, in 
2 automobiles at the site, sir. 

The Chairsian. In other words, you drove up there in two auto- 
mobiles. 

Mr. Peters. Yes, sir. 

The Chairman. You were in one of them ? 

Mr. Peters. Yes, sir. 

The Chairman. You remained in the car ? 

Mr. Peters. Yes, sir. 

The Chairman. Some of the others remained in ? 

Mr. Peters. Yes, sir. 

The Chairman. Two men actually went out and poured the sirup in 
the trucks, is that correct ? 

Mr. Peters. Yes. 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7155 

The Chairman. Do you know the two men that did it ? 

Mr. Peters. I don't know if they did. I know which two got out of 
the car. 

The Chairman. Do you know the two that got out of the car ? 

Mr. Peters. Yes, sir. 

The Chairman. Did you testify to that at your trial ? 

Mr. Peters. No, sir. 

The Chairman. You were not asked ? 

Mr. Peters. I imagine I was asked, sir, but I did not explain it out. 

The Chairman. You were not seriously cross-examined then ? 

Mr. Peters. Not too seriously, sir. I don't know. 

The Chairman. You thought you got off pretty light. I mean in 
the cross-examination. 

Mr. Peters. Yes, sir, fairly light, sir. Yes, sir. 

The Chairman. Was it arranged for you to be the "fall guy" in 
this instance, let you be arrested and take the blame for all of them 
if you happened to get convicted ? Is that the understanding ? 

Mr. Peters. No, sir; I didn't have any plans for being convicted 
on it. 

The Chairman. You did not have any plans to be convicted ? 

Mr. Peters. No, sir; I didn't do it and I sure didn't want to be 
convicted on it. 

The Chairman. Do you know why the others were not arrested? 

Mr. Peters. I think the reason that I was arrested for that, sir, 
there was an investigation carried on for about 6 months after that. 
During a period of about 6 months. The next thing I heard about 
it, I think was in June of 1955, I was arrested for that. I went up 
once for arraignment. I pleaded not guilty and went back for trial. 
I was the only one in the crowd that anyone that was there knew by 
name. 

The Chairman. They knew your name? 

Mr. Peters. Yes, sir, and they didn't know anyone else. 

The Chairman. The others had been imported in there from North 
Carolina ; is that correct ? 

Mr. Peters. Well, sir, that is about halfway between North Caro- 
lina and Nashville. 

The Chairman. Where were the others from ? 

Mr. Peters. Charlotte, N. C. 

The Chairman. Charlotte is not on the border at all. 

Mr. Peters. No, sir. That is where the labor troubles originated, 
in Charlotte. 

The Chairman. Wliere was this plant located where the truck was 
that was siruped. 

Mr. Peters. In Newport, Tenn. 

The Chairman. And the others that participated in it, now, as I 
understand, were from North Carolina ? 

Mr. Peters. Yes, sir. 

The Chairman. How far is Newport from the border of North 
Carolina ? 

Mr. Peters. 10, maybe 15 miles. 

The Chairman. I have been there. I know where it is. So they 
brought them all the way from Charlotte ? 

Mr. Peters. Yes, sir. 



7156 IMPROPER ACTIVrTIE'S IN THE LABOR FIELD 

The Chaieman". That is about 200 miles away, is it not, from 
Newport ? 

Mr. Peters. Close to it, yes, sir. 

The Chairman. Close to 200 miles away from NeAvport, they 
brought them from North Carolina down there to sirup the truck? 

Mr. Peters. Yes, sir. 

The Chairman. AVlien you were on the witness stand were you 
asked about who else was in the crowd ? 

Mr. Peters. Yes, sir. 

The Chairman. Did you tell them ? 

Mr. Peters. I told them two of the men, sir, and I declined, I didn't 
say anything about Smith and Marston being in the crowd. 

The Chairman. Smith was there ? 

Mr. Peters. Yes, sir. 

The Chairman. In one of the cars ? 

Mr. Peters. Yes, sir. 

The Chairman. In the crowd ? 

Mr. Peters. Yes, sir. 

The Chairman. You did not tell the jury that when you were tried ? 

Mr. Peters. No, sir. 

The Chairman. Why ? ^ 

Mr. Peters. I tried to find an explanation for that for about 2 or 3 
years, sir. 

The Chairman. Were you afraid of Smith? Is that the expla- 
nation? 

Mr. Peters. Well, I don't know I was afraid of him, in the sense of 
being afraid of the man, but I don't guess I wanted to cross him or 
something. 

The Chairman. You guess you did not want to cross him ? 

Senator Curtis. Is he one of the men that got out of the car ? 

Mr. Peters. Yes, sir. 

Senator Curtis. And is the other one you did not disclose the other 
man that got out of the car ? 

Mr. Peters. Yes. 

The Chairman. You know the names of both of them. Smith was 
one. ^Vlio was the other one ? 

Mr. Peters. Marston. 

The Chairman. Bobby Marston. 

Mr. Peters. Yes. 

The Chairman. They are the two that got out of the car ? 

Mr. Peters. Yes, sir. 

The Chairman. Did you see them go to the truck ? 

Mr. Peters. No, sir ; I didn't see them. They went out of my sight 
after they got out of the car. 

The Chairman. You knew what you were there for ? 

Mr. Peters. Yes, sir. 

The Chairman. You knew the sirup was in the car ? 

Mr. Peters. Yes, sir. 

The Chairman. Did they take a can of sirup with them when they 
left the car? 

Mr. Peters. Yes, sir. 

The Chairman. So you know if it was done at that time they were 
bound to be the ones that did it ? 

Mr. Peters. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7157 

Senator Curtis. How much sirup does it take for a truck % 

Mr. Peters. I don't know actually what it does to it other than it 
:stops them. 

Senator Curtis. How big a container did he use ? 

Mr. Peters. A quart. 

Senator Curtis. Just a quart ? 

Mr. Peters. Yes. 

Senator Curtis, Where did they buy the stuff ? 

]\Ir. Peters. In grocery stores. 

Senator Curtis. Do you know where they bought it on this particu- 
lar occasion? 

Mr. Peters. No, sir, I know just a grocery store. I don't remember 
actually where it was. It was either in Charlotte, maybe Asheville. 

The Chairman. All right. Proceed to the next item. 

Mr. Kennedy. That was one you participated in. Did you partici- 
pate in the siruping of any other trucks % 

Mr. Peters. Yes, sir. 

Mr. Kennedy. What other company % 

Mr. Peters. Johnson INIotor Line. 

Mr. Kennedy. When was that, approximately ? 

Mr. Peters. I guess that was in February or maybe March of 1955. 
I don't remember the exact dates. 

Mr. Kennedy. Tell us about that. 

Mr. Peters. Yes, sir. Johnson was having some labor difficulties. 

Mr. Kennedy. With 327 ? 

Mr. Peters. Yes, sir. And they got sirup poured in one of their 
trucks that I know of. I think it was in Monteagle, Tenn. 

Mr. Kennedy. How did you participate in it? 

Mr. Peters. I actually did the pouring that time. 

Mr. Kennedy. How much did you pour in that ? 

Mr. Peters. One quart. 

Mr. Kennedy. Who were with you ? 

Mr. Peters. W. A. Smith and Perry Cannady. 

Mr. Kennedy. He was the business agent for 327 % 

Mr. Peters. Yes. 

Mr. Kennedy. At whose instructions or whose direction did you 
pour that sirup in the truck ? 

Mr. Peters. I guess W. A. Smith would have been. 

Mr. Kennedy. Did you drive over there ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Was it at night? 

Mr. Peters. Yes, sir. 

Senator Curtis. Do they put that in the same place you pour in oil ? 

Mr. Peters. Yes, sir. 

Senator Curtis. Who raised the hood this time ? 

Mr. Peters. I don't remember, sir. 
Senator Curtis. Have you ever been asked ? 

Mr. Peters. Xo, sir. This is something the first time that anything 
lias been said about that. 

Senator Curtis. Never been arrested for that ? 

Mr. Peters. No, sir. 

Mr. Kennedy. Did you participate at all in any more sirupings ? 



7158 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Peters. Yes, sir, two more times, one with Motorrent Corp. 
and one with Tennessee-Carolina Transport. 

Mr. Kennedy. What happened to Motorrent ? 

Mr. Peters. The same thing that happened at Johnson. 

Mr. Kennedy. Did you pour the sirup at that time ? 

Mr. Peters. I don't remember whether I did or not. 

Mr. ICennedy. Wlio were you with then ? 

Mr. Peters. W. A. Smith. 

Mr. KJENNEDY. How many trucks were siruped ? 

Mr. Peters. One. 

Mr. KJENNEDY. Were you there under his direction and supervision ? 

Mr. Peters. I went with him, I imagine. 

Mr. Kennedy. You did the pouring ? 

Mr. Peters. I don't remember, sir, whether I did or not. 

Mr. Kennedy. But only one truck was siruped at that time? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Do you know what period of time that was ? 

Mr. Peters. That was approximately the same time of the Johnson 
incident. 

Mr. Kennedy. And the other one was Tennessee-Carolina again ? 

Mr. Peters. Yes, sir. 

Mr. KJENNEDY, Wlien was that ? 

Mr. Peters. I think that was in January. It could have been in 
December or January. 

Mr. Kennedy. Where did that take place ? 

Mr. Peters. In Nashville. 

Mr. Kennedy. "Wlio was with you then ? 

Mr. Peters. I know two people. There were some more, but I 
don't know who they were. 

Mr. Kennedy. Who were the two people that you know definitely 
were there? 

Mr. Peters. W. A. Smith and Perry Canaday. 

Mr. Kennedy. How many trucks were siruped at that time? 

Mr. Peters. I don't remember exactly how many, sir. It was sev- 
eral of them. 

Mr. Kj:nnedy. Did you participate yourself ? 

Mr. Peters. Yes, sir ; I think I poured sirup in two trucks. 

Mr. Kennedy. Wlio purchased the sirup ? 

Mr. Peters. I think it was in the car in that instance when I got 
in the car. 

Mr. ICennedy. Were you ever present when any sirup was pur- 
chased ? 

Mr. Peters. Yes, sir. 

Mr. Ivennedy. Wlien was that? 

Mr. Peters. I bought the Motorrent sirup. 

Mr. Kennedy. Were you ever questioned in connection with these 
incidents ? 

Mr. Peters. No, sir. 

Mr. KJENNEDY. You never were? 

Mr. Peters. No, sir. 

Mr. Kennedy. No law-enforcement agency ever questioned you at 
all? 

Mr. Peters. No, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7159 

Mr. Kennedy. In addition to the siruping did you take j)art in any 
of the breaking of windows ? 

Mr. Peters. Yes, sir; two times. 

Mr. IvENNEDY. How many times? 

Mr. Peters. Twice. 

Mr. Kennedy. And you were convicted once ; is that right ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Will you tell us about that first ? 

Mr. Peters. We broke 2 windows in 2 barbershops. 

Mr. Kennedy. At whose instructions ? 

Mr. Peters. Perry Canaday and myself. I don't think on that one 
I could put any more blame on him than on me. 

Mr. Kennedy. He was the business agent ? 

Mr. Peters. Yes. 

Mr. Kennedy. Why did you break the windows of the barbershop ? 
They were having difficulties at the time ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. With the barbers union ? 

Mr. Peters. Actually they were barbershops that did not belong to 
the union. I don't think there were any difficulties at the time. 

Mr. Kennedy. Do you know who made the suggestion that you go 
break the windows ? 

Mr. Peters. No, sir ; I don't. 

Mr. Kennedy. Do you know how you happened to break the win- 
dows? 

Mr. Peters. That is another one of these things I have been trying 
to figure out for 3 years, what was a good excuse for it, and I could 
not think of any reason for something like that. 

Mr. Kennedy. Do you know who gave the instructions that the 
windows should be broken ? 

Mr. Peters. No, sir ; I don't know for sure. 

Mr. Kennedy. When was the second time you broke the windows ? 

Mr. Peters. W. A. Smith and I broke one window. 

Mr. Kennedy. When ? 

Mr. Peters. It was some time prior to the other one. It was in a 
3-month period there, sir. 

Mr. Kennedy. Do you know why you did that ? 

Mr. Peters. The same reason. 

Mr. Kennedy. Did Mr. Smith tell you that he wanted a barbershop 
window broken ? 

Mr. Peters. I think possibly he did. 

Mr. Kennedy. You would not just go around and break barbershop 
windows if somebody didn't tell j^ou ? 

Mr. Peters. There has to be a purpose for it. 

Mr. Kennedy. Was that barbershop having difficulty with the miion 
at the time ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Were you ever questioned in connection with that ? 

Mr. Peters. No, sir. 

Mr. Kennedy. And you were with W. A. Smith ? 

Mr. Peters. Yes. 

Mr. Kennedy. Now, on the second incident when you were arrested 
you were found guilty, were you ? 

89330— 58— pt. 18 8 



7160 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Peters. Yes, sir. 

Mr. Kennedy. You were tried and found guilty ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Did you serve time in prison ? 

Mr. Peters. Yes, sir ; in jail. 

Mr, Kennedy. You were sentenced to 6 months in jail ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. What jail did you serve ? 

Mr. Peters. Davis County Workhouse. 

Mr. Kennedy. Did you receive preferential treatment while in jail ? 

Mr. Peters. Well, sir, any time there is not preferential but I didn't 
have to go out on work gangs. 

Mr. Kennedy. In comparison with the majority of other prisoners, 
did you and Mr. Canaday receive preferential treatment while in that 
jail? 

Mr. Peters. 1 es, sir ; I guess you could say that because it was more 
or less a blessing not to have to go out on those work gangs. 

Mr. Kennedy. You were not made to go out ; is that right ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Did Mr. Canaday explain to you why you didn't 
have to go out with the other prisoners ? Were they breaking rocks ? 

Mr. Peters. Yes. 

Mr. Kennedy. Did he explain to you why you were not ? 

Mr. Peters. He told me that somebody would keep us off them if it 
was possible. 

Mr. Kennedy. And that happened ; is that right ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. And you worked inside the prison ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Now, while in jail did Mr. Canaday receive any 
money from the teamsters union ? 

Mr. Peters. I heard he did. I never did see any of the actual 
money. I understood that he received some ; yes, sir. 

Mr. Kennedy. He received the money from the teamsters while he 
was in jail? 

Mr. Peters. I understood he did. That is something I could not 
prove. 

Mr. Kennedy. Did you raise any question about his receiving 
money ? 

Mr. Peters. Yes, sir. I heard he was. I thought if he could, I 
should, too. 

Mr. Kennedy. Wliat were you told. 

Mr. Peters. I was told I was not on the payroll of the union so they 
could not put me on the payroll there. 

Mr. Kennedy. Who told you that ? 

Mr. Peters. It was one of the business agents. I don't remember 
which one. 

Mr. Kennedy. One of the business agents of the teamsters union ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. So you yourself and Mr. Canaday were sentenced 
to jail for breaking windows in the barbership while that shop was 
having trouble with the barbers union. You were sentenced to iail, you 
received preferential treatment while in jail, and while in jail you 
understood Mr. Canaday received money from the teamsters union. 



IMPROPER ACTIVITIES IX THE LABOR FIELD 7161 

Mr. Peters. I heard he did. I did not have anything to substan- 
tiate that ; I just heard it. 

Mr. Kennedy. You had an attorney ; did you not ? 

Mr. Peters. Yes, sir. 

]\Ir. Kennedy. Who represented you in that case ? 

Mr. Peters. Two attorneys. One of them represented us jointly, 
and then I had another one from my liometown for me personally. 

Mr. Kennedy. Who was the one that represented you jointly ? 

Mr. Peters. Tom Osborne. 

Mr. Kennedy. Did you pay him ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. You paid him yourself ? 

Mr. Peters. Part of it I did. 

]\Ir. Kennedy. What do you mean, part of it ? 

Mr. Peters. He was attorney for both of us. I don't remember 
how much of it I paid. I think I paid some of it, though, sir. I don't 
remember how much. The other attorney was compensated by my 
family. 

The Chairman. We will suspend for 2 or 3 minutes so counsel can 
receive a telephone call. 

(Members present at the taking of the recess were Senators Mc- 
Clellan and Curtis.) 

The Chairman. We will now proceed. 

Mr. Kennedy. By whom were you arrested in connection with the 
breaking of the windows? Do you rember any incidents or circum- 
stances about that ? 

Mr. Peters. I think it was the sheriff of Davidson County, Tom 
Cartright. 

Mr. Kennedy. Do you know if that was after an investigation by 
the police ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. Mr. Chairman, we have an affidavit bearing on that 
and we would like to put it in the record and I do not believe the 
witness has any firstliand knowledge regarding it. 

The Chairman. The Chair will read into the record at this point 
and the reporter can check it for accuracy when he transcribes it, an 
affidavit from Paul E. Lever. 

Do you know him ? 

Mr. Peters. I think he was one of the county patrolmen that was 
investigating that, sir. 

The Chairman. All right, the Cliair will read the affidavit. 

I, Paul E. Lever, who reside at 709 Stockell Street, Nashville, Tenn., freely 
and voluntarily make the following statement to LaVern J. Duffy, who has 
identified himself to me as a member of the staff of the United States Senate 
Select Committee on Improper Activities in the Labor Management Field. No 
threat, force, or duress has been used to induce me to make this statement, 
nor have I received any promise of immunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee. 

Since the year 1952 I have been a patrolman working out of the sheriff's 
office in Nashville, Tenn. I am 46 years of age and a native of Nashville, Tenn. 

On April 9, 19.55, I was in my patrol car along with Patrolman Earl Crocker 
in the vicinity of Eighth Avenue South in Nashville, when I was stopped by 4 
young men in their teens at approximately 11 or 11 : 30 p. ra. in the evening. The 
boys were excited and told us that they had just seen within the past few minutes 
a couple of men in a car break some barbershop windows. The boys said they 



7162 IMPROPER ACTIVITIES IN^ THE LABOR FIELD 

were seated in their parl<ed automobile on Eighth Avenue South, a short distance 
from Reed's barbershop, located at 1708 Eighth Avenue in Nashville when they 
saw a yellow convertible automobile pull up in front of Reed's barbershop; 
they saw some movement in the car and next they heard a noise like the breaking 
of glass. They followed the yellow car up Eighth Avenue and when only a 
few blocks from Reed's shop they saw this same yellow convertible parked in 
front of Bradford's barbershop, located at 1010 Eighth Avenue South, in Nash- 
ville. The boys stated they slowed their car up so they could get the license 
number of the yellow car. The boys said they got the license-plate number 
and kept repeating it as they proceeded on Eighth Avenue in search of a police 
oflBcer. 

Within a couple of minutes after the boys related their story to us we stopped 
a yellow Oldsmobile convertible which was still in the vicinity of the barber- 
shops where the windows had been broken. There were two occupants in the 
car and they identified themselves as Perry Canaday and Sam Peters, of the 
teamster union. 

They denied that they had anything to do with breaking windows. When 
we asked the boys if these were the 2 men seen at the 2 barbershops, the 
boys replied that they were certain the yellow convertible was the same car, 
but they did not see the 2 men who were in it well enough to identify them. 

I released Cannady and Peters after the boys told me they could not identify 
the men in the car, and also because there was a discrepancy in reference to the 
license number on the car we stopped and the license number the boys gave us. 

The license number the boys gave me was 1-I>-41776 and the car that we 
stopped had a license number of l-D-14776. I also told the boys that I knew 
Perry Cannady of the teamster union, and that I used to work with him and I 
never knew him to do anything like this. The boys then drove off, and as far 
as I was concerned the case was closed. I did not report the incident to the 
police department nor file a report on the case. 

I did hear later that somehow the proprietors of the barbershops where the 
windows had been broken learned about the boys having some information about 
the incident and that they did talk to the boys. I also know that Peters and 
Cannady were convicted later for breaking the windows based on the testimony 
of the boys. 

I did not receive a reprimand from my superiors for handling of the case, the 
sergeant and captain did tell me that if a case like this should occur again I 
should call headquarters for advice. 

I have read the foregoing statement, and to the best of my knowledge it is 
true and correct. 

(Signed) Paxil E. Lever. 

Witnesses : 

James McShane. 
LaVern J. Duffy. 

Sworn to and subscribed before me this 19th day of August 1957. 

(Signed ) Robert D. Hall, 
Chief Deputy Clerk, United States District Court, Nashville, Tenn. 

The Chairman. Is that the kind of law enforcement they had down 
there at that time ? 

Mr. Peters. Evidently it was part of it. 

The Chairman. It was part of the kind that they had ? 

Mr. Peters. Yes, sir. 

The Chairman. So, notwithstanding you were stopped with Cana- 
day immediately afterward, and the boys identified the car you 
were in, and he twisted or he took 4 and 1, and reversed them in the 
license number, he looked you over, and he said, "Well, the case is 
closed ; go ahead." Is that right ? 

Mr. Peters. Yes, sir. 

Senator Curtis. How long did Mr. Lever detain you and Canaday 
that night? 

Mr. Peters. Approximately 30 minutes. 

Senator Curtis. Did he search the car ? 

Mr. Peters. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7163 

Senator Curtis. Did lie find anything ? 

Mr. Peters. No, sir. 

Senator Curtis. The rocks were all gone ? 

Mr. Peters. Yes, sir. 

Senator Curtis. Did he ask you if you had broken those windows ? 

Mr. Peters. They didn't say anything to me hardly at all. I think 
that they talked to Cannady. They didn't say anything to me. 

Senator Curtis. He knew Cannady ? 

Mr. Peters. I understood he did ; yes, sir. 

Senator Curtis. You were interrogated separately, then ? 

Mr. Peters. Later we were. 

Senator Curtis. I mean that night. 

Mr. Peters. No, sir ; we were not interrogated at all. 

Senator Curtis. Well, you were detained 30 minutes, and where 
was this ? 

Mr. Peters. On Eighth Avenue in Nashville. 

Senator Curtis. Well, now, where were you when he was talking 
to Canaday ? 

Mr. Peters. I was standing in the near vicinity, and I was standing 
there. 

Senator Curtis. He did not ask you much of anything ? 

Mr. Peters. Not too much, as I remember. 

Senator Curtis. Did you overhear what he asked Canaday? 

Mr. Peters. I don't remember, sir. 

Senator Curtis. Did you overhear what Canaday said to him? 

Mr. Peters. The biggest thing that was said, they looked at the 
license number and it was not the number that the boys had given, 
so they took us back up and the boys could not identify us as the 
ones they saw that did this and the boys said they could not say 
whether it was us or someone else. So we went on home. 

That was about the biggest part of the conversation as I remember 
it. 

Senator Cubtis. Is this man Lever still working as an officer of 
the law ? 

Mr. Peters. I don't know. 

Senator Curtis. I want to ask you, why were you breaking barber- 
shop windows? 

Mr. Peters. Sir, I think I said a few minutes ago. I have been 
trying to find an explanation for about 7 things I did there in a 
3- or 4-month period. 

Senator Curtis. I am not talking about your individual conduct. 
I am aware that you regret this, but why was anybody breaking 
barbershop windows? 

Mr. Peters. Because those barbers did not belong to the union, 
I think, sir. 

Senator Curtis. Does that give someone the right to break win- 
dows? 

Mr. Peters. No, sir ; it does not. 

Senator Curtis. If someone does not belong to the church or a 
fraternal organization that I would like to have him belong to, should 
I go around and throw rocks in his windows ? 

Mr. Peters. No, sir, I don't see any excuse for it or any reason at 
all, now, and I can't think of any reason to use for when it happened. 



7164 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Senator Curtis. When did you first know you were going to go 
out and break barbershop windows ? 

Mr. Peters. Early that evening. 

Senator Curtis. Did you talk to anybody in the barber's union? 

Mr. Peters. No, sir, just Canaday and myself. 

Senator Curtis. Just Canaday ? 

Mr, Peters. Yes, sir. 

Senator Curtis. It was his scheme ? 

Mr. Peters. Yes, sir. 

Senator Curtis. You did not originate the idea of breaking barber- 
shop windows? 

Mr. Peters. No, sir, I don't think that I can get all of the blame 
off myself, and I think that he said he was going to and I voluntarily 
went with him, and he used no duress or anything to get me to go 
with him. 

Senator Curtis. Over how long a period of time did you know this 
man Canaday ? 

Mr. Peters. I knew him from other than to know just who he was, 
from about the middle of November of 1954 up until the first of this 
year. 

Senator Curtis. Did you ever know him to carry a gun ? 

Mr. Peters. I know that he had one and I don't know — it is possible 
he might have carried it in his car and I don't think I have ever seen 
him carry it on his person. ♦ 

Senator Curtis. It is possible he carried it in his car ? 

Mr. Peters. Yes, sir, I know he owned one. 

Senator Curtis. Did he ever refer to it in conversation ? 

Mr. Peters. Yes, sir, I think that I have heard him speak of it. 

Senator Curtis. Did he ever say what he used it for ? 

Mr. Peters. No, sir. 

Senator Curtis. You have never seen him use it ? 

Mr. Peters. No, sir. 

Senator Curtis. That is all. 

Mr. Kennedy. You have spoken of the 3 or 4 instances siruping and 
the 2 instances of breaking of the barbers' windows and did you also 
participate in slashing of tires ? 

Mr. Peters. Yes, sir, one time. 

Mr. Kennedy. When was that ? 

Mr. Peters. I don't remember. 

Mr. Kennedy. Early in 1955 ? 

Mr. Peters. Yes, early in 1955 and the B. and S. Motor Lines 
and there were, I think — or I know that Smith was in the crowd and 
I don't remember for sure if Cannady was or not, and I know or I 
think there was five people, but I couldn't say for sure other than 
myself and Smith. I don't remember if Cannady was in the crowd 
or not. 

Mr. Kennedy. At whose suggestion did you go along that time ? 

Mr. Peters. W. A. Smith. 

Mr. Kennedy. And the B. and S. Motor Co. was having difficul- 
ties with the teamsters union at the time ? 

Mr. Peters. Yes, sir. 

Mr. Kennedy. How many tires did you slash ? 

Mr. Peters. It was more than 2 or 8, but I don't know the extent. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7165 

Mr. Kennedy. How did you slash them ? 

Mr. Peters. They used knives on them and I didn't slash any of 
them, and I was in the automobile. 

Mr. Kennedy. You did not do any of it yourself ? 

Mr. Peters. No, I was driving. 

Mr. Kennedy. "Where was it ? 

Mr. Peters. In Nashville. 

Mr. Kennedy. At specifically where ; at their depot ? 

Mr. Peters. I think it was at their depot ; yes, sir. 

Mr. Kennedy. Now, has any representative of any law enforce- 
ment group in Tennessee contacted you and questioned you about any 
of these events ? 

Mr. Peters. No, sir, 

Mr. Kennedy. Has anybody questioned you or any representative 
of any laAv-enforcement agency in Tennessee questioned you at all 
about any information you may have had about W. A. Smith, or 
Mr. Canaday? 

]Mr. Peters. Yes, sir, one time, about the time we were arrested 
for breaking the barbershop windows, and I declined to answer any 
questions. 

Mr. Kennedy. Other than that, have they ever questioned you ? 

^h'. Peters. No, sir. 

Mr. Kennedy. Since you have been out of prison and settled in 
Ohio, they have not questioned you ? 

Mr. Peters. No, sir. 

Mr. Kennedy. So you have not been requested to give this infor- 
mation that you have regarding these i:)eople who are still officials 
of the teamsters union in Nashville, Tenn. ? 

Mr. Peters. Yes, sir. 

Mv. Kennedy. And no higher official of the teamsters union has 
ever requested any of the information that you might have regarding 
Mr. Cannady or Mr. Smith, is that right ? 

]Mr. Peters. That is right. 

Mr. Kennedy. Did Smith go by any other name, other than "\V. A. 
Smith? 

Mr. Peters. "Smitty." 

Mr. Kennedy. Did he have a hearing aid ? 

Mr. Peters. Yes, he had a hearing aid. The newspapers referred 
to him once or twice as "Dummy" but I don't think anybody that 
knew him would call him that to his face. 

Senator Curtis. Your life has been considerably scarred by the 
fact that you fell in with such people as Canaday and these other 
teamster leaders, has it not ? 

Mv. Peters. Yes, sir. 

Senator Curtis. As you look at it now, you would have been hap- 
pier if you had never met any of them ? 

Mr. Peters. Yes, sir, I would have been many times happier and 
it has caused me more than you can imagine, I think. 

Senator Curtis. That is true of other people, is it not ? 

Mr. Peters. Yes, sir. 

Senator Curtis. And you would have been better off if you had 
been in a community that in the very first instance there had been 
thorough and unbiased and vigorous law enforcement, would vou 
not? 



7166 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Peters. Yes, sir. 

Senator Curtis. It would have brought these things to an end 
sooner ; would it not ? 

Mr. Peters. That is, since 1953 or 1954, it would have saved a lot 
of people a lot of headaches and a lot of people trying to run businesses 
a lot of money. 

Senator Curtis. I agree with you. I think the responsibility is 
right on local officials for tolerating a gangster war like this. 

Mr. Kennedy. Even the case in which you were convicted was 
actually solved through the efforts of the employers themselves ; isn't 
that right? 

Mr. Peters. Yes, sir; those and the attorney general's office. 

Mr. Kennedy. Now, Mr. Chairman, I would like to say in connec- 
tion with this witness, that we have contacted his employer and told 
him of his cooperation with the committee and he has been of help 
and assistance to the committee since the beginning of this investiga- 
tion and he has assured us that he will be retained in his present 
position as he has changed his life and he is trying to make a complete 
reformation. 

We have an affidavit here, in connection with Mr. Canaday receiv- 
ing money from the teamsters while in prison with him. 

The Chairman. Without reading it, I am going to insert it in the 
record at this point. This is from William Rowland Canaday, the 
brother of Perry Canaday. It can be inserted in the record at this 
point as a part of the evidence. 

I, William Rowland Canaday, who resides at 110 28th Avenue, South, Nash- 
ville, Tenn., freely and voluntarily make the following statement to LaVern J. 
Duffy, who has identified himself to me as a member of the staff of the United 
States Senate Select Committee on Improper Activities in the Labor Manage- 
ment Field. No threats, force, or duress has been used to induce me to make 
this statement, nor have I received any promise of immunity from any conse- 
quences which may result from submission of this statement to the aforemen- 
tioned Senate select committee : 

I am a brother of Perry Hartman Canaday, who is a business agent for local 
327, teamsters union, Nashville, Tenn. For the past 10 years I have been a 
member of the teamster local here in Nashville, and I am currently employed 
as a warehouseman at the T. I. M. E. Trucking Co., Inc., here in Nashville, 
Tenn. 

On July 24, 1956, my brother. Perry Canaday, was convicted for breaking 
windows of a nonunion barbershop in Nashville, Tenn., and sentenced to the 
Davidson County Workhouse for a period of 6 months. 

Shortly after my brother. Perry Canaday, was confined to the workhouse, 
I visited him. At that time he requested me to stop by the teamsters office 
in Nashville and pick up some money for him, and after I received the money 
I was to turn it over to his wife, Nora A. Canaday, who resides at Joseph 
Avenue, East Nashville, Tenn. 

Following his instructions I visited the teamster headquarters building and 
talked with Ed Smith, secretary-treasurer of the local. I asked Mr. Smith if 
he had any money for my brother. Perry Canaday. Mr. Smith advised me to 
return in a day or two : in a couple of days I did return to his office and he handed 
to me an envelope containing in the neighborhood of $200 in cash. He did not 
give me any instructions as to what disposition I was to make of this money. 

Shortly thereafter I handed the money over to Perry Canaday's wife, Nora A. 
Canaday. Each month, subsequently, during the period of my brother Perry's 
confinement in the workhouse, I visited the teamster headquarters and was 
handed by Ed Smith an envelope containing cash. The amount that I received 
on each one of these visits always was in the neighborhood of $200 with the 
exception of the amount that was handed to me at Christmas when an additional 
$50 was enclosed in the envelope. On my visits to the teamster headquarters, I 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7167 

sometimes talked to Don Vestal, president of the local, in reference to the money 
for my brother; however, Ed Smith was always the one who handed me the 
envelope containing the cash. 

At no time during the period that I received this money from the teamsters 
union did I hand this money over personally to my brother, Perry ; I always 
handed the money over to his wife, Nora Canaday. 

I might add when I first visited my brother in the workhouse be told me it 
was against regulation for him to have in his possession a large amount of 
money. Thus, he told me when I received the money to hand it over to his wife, 
which I did. 

I have read the foregoing statement, and to the best of my knowledge it is true 
and correct. 

(Signed) William Roland Canaday. 

"Witnesses : 

LaVern J. Duffy. 
Lucy C. Terrell. 

Sworn to and subscribed before me this 6th day of August 1957. 

( Signed) Nettie F. Kuisey, Notary Public. 

My commission expires November 27, 1960. 

Mr. Kennedy. This reflects, Mr. Chairman, that Mr. Canaday was 
paid by the teamsters union while he was in jail for the throwing of 
the rocks through the barbershop windows. 

The Chairman. Mr. Peters, the Chair made some observations when 
the previous witness left the stand this morning. I think there is just 
as much obligation and certainly it is much more pleasant when the 
man comes before this committee or a witness comes before this com- 
mittee and tells the truth and tells what he knows and when he has 
done wrong, admits it. 

I think we ought to be just as quick or quicker to praise and com- 
mend people for doing right as we are to condemn people who do 
wrong. You have the thanks of this committee, and I think that you 
have the thanks and the appreciation of all good, decent citizens in 
this country. 

You made a mistake and you have repented of it and you regret it 
and you want to live a life now that is exemplary and that will show 
that you have seen the error of your ways and that you want to do 
right and have the respect and esteem of your fellow men. 

I commend you highly and I thank you. 

Mr. Peters. Thank you very much, sir. 

Mr. Kennedy. I would like to recall Mrs. Freels back on the stand. 

TESTIMONY OF MRS. LOLA FREELS— Resumed 

The Chairman. Mr. Kennedy, you may proceed. 

Mrs. Freels has been previously sworn and identified. 

Mr. Kennedy. Now, Mrs. Freels, you were testifying this morning 
regarding a telephone conversation to Nashville when Mr. Reynolds 
was having some difficulty with Mr. Evans of his union. There was 
a telephone call made to Nashville, Tenn., and thereafter, a stranger 
arrived on the scene and came into the headquarters in Knoxville; is 
that correct ? 

Mrs. Freels. That is right. 

Mr. Kennedy. He came into the headquarters in Knoxville with 
Mr. W.A.Smith? 

Mrs. Freels. Yes, sir. 



7168 IMPROPER ACTIVITIEIS IN THE LABOR FIELD 

Mr. Kennedy. Now, could you tell us, did you see him around tlie 
ofl&ce much that day ? 

Mrs. Freels. Yes, sir, he sat in the office with me and in fact he sat 
in the corner and of course there wasn't anybody in there but just 
this boy and I. I talked to him and I believe he discussed a few 
things about his child or his children, and I don't remember whether 
there was 1 or 2. 

I wondered why he came in with "Hard-of -Hearing" Smith and I 
believe Mr. Smith introduced him to me, but not by the name of Ellis. 
It was another name that I don't recall. 

Mr. Kennedy. Was it ever explained to you as to why he was staying 
in the office ? 

Mrs. Freels. No, sir. 

Mr. Kennedy. That he was there to see anybody; did you ever 
have that explained to you ? 

Mrs. Freels. No, sir ; not that day. 

Mr. Kennedy. Did you subsequently ? 

Mrs. Freels. I found out the following day, Mr. Evans came to the 
window and his eyes were all blackened and his nose looked like it 
was broken and so I was sympathizing with him and I thought, well 
what happened to him. 

I asked Mr. Evans what happened and he said that his wife beat 
him or something. But she was such a small, little lady that I didn't 
believe that. I studied about it, and so he said, "Lola, was there a 
stranger in town yesterday from Nashville or anywhere?'' 

And at that moment it just did not register with me that he was 
talking about this particular boy and I said, "No, not that I know of, 
Eugene.'' And then, after I looked down at the floor a minute, I said, 
"Yes ; there was a boy in here, but I don't know what he was here for. 
I don't know his name, but he was a blond-headed fellow and he is 
sort of the athletic type." 

And he said, "Well, that is the one that hit me when I got off the bus." 
I said, "Well, did you hit him back?" and he said, "No; he knocked me 
down and he stomped me, and I didn't realize what was ha]3pening." 
And he told me something about there was a car waiting and this boy 
got into the car and he drove off. 

Mr. Kennedy. Now, did you recognize the gentleman here this 
morning who testified ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. And he refused to answer qliestions. 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. Did you identify him as the same individual that 
came to your office that day ? 

Mrs. Freels. Yes, sir; he has lost a little weight since then. 

Mr. Kennedy. He has lost a little weight ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. But it was the same individual ? 

Mrs. Freels. Yes, sir. 

]Mr. Kennedy. There is no question in your mind about that ? 

Mrs. Freels. No. 

^Ir. Kennedy. Did you in fact pick him out in the hallway prior 
to coming in here this morning? 

Mrs. Freels. Yes, sir. 



IMPROPER ACTIVITIES IX THE LABOR FIELD 7169 

]\Ir. Kennedy. As tlie same individual that came in and sat in your 
office and who was later identified through a physical description by 
Mr. Evans as the individual who had beaten him up ? 

Mrs. Freels. Yes, sir ; that is rio-ht. 

Mr. Kennedy. Now, Mrs. Freels, we have also had some testimony 
before the committee regarding the siruping of trucks. Did you ever 
hear any conversations regarding that matter in your office? Was 
there any conversation regarding the siruping of trucks with com- 
panies with whom the union was having a dispute ? 

Mrs. Freels. Yes, sir. I heard something about Huber & Huber 
Motor Express. 

Mr. Kennedy. That was a strike that was taking place in Knoxville, 
in 1955? 

]Mrs. Freels. I can't give you the date on that, but it was the time 
that Robert Evans was fired. 

Mr. Kennedy. I believe it was about August of 1955, but would you 
tell us what happened and we will have the date in a few minutes. 
But would you tell us what conversation you overheard regarding the 
siruping of the trucks of Huber & Huber ? 

Mrs. Freels. I know Mr. Evans was terminating and the union went 
through different channels to try to get him back and they could not 
persuade the company to take him back. I know that the business 
agents contacted Mr. Clint Huff. 

Mr. Kennedy. I am interested in the siruping aspect of it. Could 
3^ou give us that ? 

Mrs. Freels. Well, Mr. Perry, Charles Perry and W. J. Reynolds 
were in the office one afternoon discussing that they had to go out on a 
little trip that night and that they had to put some sirup in some 
trucks and the discussion was, I don't remember everything in detail, 
but the conversation was that Mr. Reynolds would stay in the restau- 
rant and talk to the drivers while the sirup was being poured into 
the place where the oil is. 

Pie said something about that would give the truck a chance to run 
until it would stop for a little while, and then it wouldn't run any 
more. 

Mr. Kennedy. Did you hear any other further conversations about 
that incident? Did you have any conversations with Mr. Reynolds 
himself about it ? 

Mr. Freels. No; I was sort of feeling Mr. Perry out, after that, 
and he said, "What do you know about that?" and I said, "Well, I 
just know what Mr. Reynolds said," and he said, "If he doesn't keep 
his big mouth shut, he is going to bet us both in the pen." 

j\Ir. Kennedy. Mr. Reynolds told you in the first part that it was 
his job to keep the drivers occupied in the conversation while the 
other gentleman put the sirup in the trucks; is that right? 

Mrs. Freels. That is right. 

]\Ir. Kennedy. ^Mio was going to put the sirup in the trucks ? 

Mrs. Freels. He didn't tell me. 

Mr. Kennedy. But in the conversation you had with Mr. Payne, 
who was a business agent, he said, if Mr. Reynolds doesn't keep his 
mouth shut he will "get us both in the pen," is that right? 



7170 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Now, Mr. Chairman, we have in that connection the 
affidavits of two truck drivers who were engaged in conversation with 
Mr. Keynolds at a restaurant, and an hour after they pulled out of 
the restaurant they found that their trucks had been siruped. 

Mr. Reynolds, according to their conversation, kept them in con- 
versation during this period of time. 

The Chairman. I will read the facts of the affidavit without the 
formalities of it. This is an affidavit from Leon Mays. The entire 
affidavit may be printed in the record at this point. 

I, Leon Mays, 1210 East Louisiana Avenue, Knoxville, Tenn., telephone 2-7602, 
freely and voluntarily make the following statement to James McShane who has 
identified himself to me as a member of the staff of the United States Senate 
Committee on Improper Activities in the Labor or Management Field. No 
threat, force, or duress have been used to induce me to make this statement, nor 
have I received any promise of immunity from any consequences which may 
result from submission of the statement to the aforementioned Senate select 
committee. 

On or about August 30, 1955, I was working for Huber & Huber Trucking Co., 
Knoxville, Tenn., I made a stop at Grindstaff's, about 30 miles south of Knoxville, 
to get a cup of coffee. After I had my coffee, I came out of the restaurant and 
saw William J. Reynolds, business agents, Teamsters Union, Local 621, Knox- 
ville, Tenn. 

He was talking to another Huber driver. I saw his black Cadillac parked 
nearby with an unknown man behind the steering wheel. I saw that Reynold's 
Cadillac right rear tire was flat and told him so. He told me he was going to 
Ox-Bo Restaurant and gas station which is about 4 miles down the road from 
Grindstaff's to have it repaired. I told Reynolds it was closed and he might as 
well change it now. 

I got back into my truck and drove for about 1 hour when the truck sud- 
denly bolted upward, in the middle of the road, and completely stopped. It had to 
be towed away by a wrecker. Later on I was informed that the truck motor 
had been siruped. 

( Signed ) Leon Mays. 
Witnesses : 

James McShane. 
Paris E. Holliert. 

Sworn and subscribed to before me this 15th day of November 1957. 

( Signed ) Isaac Green. 
My commission expires April 23, 1960. 



I, James Church, Route 3, Concord, Tenn., telephone 8-4513, freely and volun- 
tarily make the following statement to James McShane who has identified him- 
self to me as a member of the staff of the United States Select Committee on 
Improper Activities in the Labor or Management Field. No threat, force, or 
duress have been used to induce me to make this statement, nor have I received 
any promise of immunity from any consequences which may result from sub- 
mission of the statement to the aforementioned Senate select committee. 

I have been employed by Huber & Huber for almost 7 years as a truckdriver. 
On or about August 30, 1955, I was en route from Knoxville, Tenn., to Atlanta, 
Ga., with a cargo. As is customary, I made a stop at Grindstaff's which is a 
truck stop at Greenback, Tenn., about 30 miles south of Knoxville. 

I parked the truck and went inside. I was the first trucker in the restaurant. 
About 15 minutes later W. J. Reynolds, business agent, Teamsters Union Local 
621, Knoxville, came in and sat down and started talking to me. 

Shortly thereafter, some more Huber & Huber drivers came in and sat down 
with us. Reynolds seemed to be doing most of the talking. After I got through 
eating I left them and got into my truck and started. 

At Choates Truck Stop, about 65 miles from Grindstaff's Drive-in, I made 
another stop. When I came out I could not start my truck. Later on I learned 
the truck had been siruped. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7171 

Now, looking back at it, it seems to me that Reynolds was in there that 
night for the purpose of keeping us there by entertaining us with stories. 

(Signed) James Church. 
Witnesses : 

James McShane. 
Paris E. Holliert. 

Sworn and subscribed before me this 15th day of November 1957. 

( Signed) Isaac Green, Notary Public. 

My commission expires April 26, 1960. 

Mr. Kennedy. Now, did you ever hear or know or have any infor- 
mation re^jardrng the actual purchase of sirup ? 

Mrs. Freels. Yes, sir. I had ; I believe I kept two bills, where sirup 
was purchased at one of the stores in Knoxville. 

Mr. Kennedy. That was in 1956 ? 

Mrs. Freels I believe one was 1955. 

Mr. Kennedy. One was 1955, and the other was 1956 ; is that right ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. On whose instructions did you make the purchases ? 

Mrs. Freels. The bill was brought to me, and when I put it in petty 
cash, I asked what the bill was for, and so I could put it down, and Mr. 
Reynolds on the one in 1955, he made the statement that sirup was 
bought, and I, in turn, checked with the store and found out it was 
sirup. 

Mr. Kennedy. How much was the sirup — how much per can ? 

Mrs. Freels. Fof ty-five cents per half gallon. 

Mr. Kennedy. Were there any other purchases made ? 

Mrs. Freels. Yes, sir; 3 sugars and 5 pounds, and three 5-pound 
bags. 

Mr. Kennedy. They purchased the sugar and the sirup; is that 
right? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. They purchased quite a number of these cans of 
sirup ; is that correct ? 

Mrs. Freels. Yes, sir ; I had the two bills to keep. 

Mr. Kennedy. On the one purchase in 1955, they purchased quite 
a number of cans of sirup ; did they ? 

Mrs. Freels. Yes, sir. 

The Chairman. The Chair hands you here a card or memorandum 
with a cash-register ticket attached and asks you to examine them and 
state if you identify them, and what they are. 

Mrs. Freels. Yes, sir ; this is the bill for the sirup and the sugar. 

The Chairman. AYliat does it total ? 

Mrs. Freels. $8.22, including tax. 

The Chairman. Who paid that bill ? 

Mrs. Freels. It was paid out of petty cash. 

The Chairman. By whom ? 

Mrs. Freels. Well, I gave the money out. 

The Chairman. You paid the money out of the petty cash to whom ? 

Mrs. Freels. To Mr. Reynolds. 

The Chairman. You gave the money to Mr. Reynolds ? 

Mrs. Freels. Yes, sir. 

The Chairman. That is what he turned in to get reimbursed out of 
petty cash ? 

Mrs. Freels. Yes. 



7172 IMPROPER ACTIVITIES IN THE LABOR FIELD 

The Chairman. That may be made exhibit No. 8. 

(Document referred to was marked "Exhibit No. S" for reference 
and will be found in the appendix on p. 7502.) 

Mr. Kennedy. That was the teamsters' petty cash ; was it not ? 

Mrs. Freels. Teamsters petty cash. 

Mr, Kennedy. You said there was a second purchase in 1956 ? 

Mrs. Freels. Yes, sir. 

The Chairman. I hand you what appears to be a phostostatic copy 
of cash expenditures for the month of August 1956 and ask you to 
examine an item that has been indicated here in red, apparently on 
the third day of the month, August 1956. The items total I believe 
some $39.35. 

Will you examine this document and state if you identify it and 
also if you have any information regarding the item that is marked 
in red. 

Mrs. Freels. Yes, sir. The $5.35 was sirup. That is during the 
time Newman-Pemberton was on strike. I don't have any informa- 
tion that sirup was bought for the truck but assuming Newman & 
Pemberton being on strike that is about the only place it could have 
gone. 

The Chairman. They did not serve any sirup down there to eat; 
did they ? 

Mrs. Freels. No, sir. 

The Chairman. So it was not used there. 

Mrs. Freels. No, sir. 

The Chairman. All right. That item may be made exhibit No. 9. 

( Document referred to was marked "Exhibit No. 9'' for reference 
and may be found in the files of the select committee.) 

The Chairman. The total amount of the item was $39.35; is that 
correct 'i 

Mrs. Freels. Thafs right. 

The Chairman. I present to you now a photostatic copy of a check 
dated August 3, 1956, made payable to cash in the amount of $39.35, 
signed by W. J. Reynolds as president, and Hubert L. Payne, finan- 
cial secretary and treasurer of chauffeurs, teamsters, and helpers, 
local union No. 621, drawn on the Tennessee Valley Bank, Knoxville, 
Tenn., and ask you to examine that photostatic copy and see if you 
identify that check. 

Mrs. Freels. This is the one for the sirup and the sick dues on Au- 
gust 3. 

The Chairman. That is in payment of the item entered in the cash 
book ; is it not ? 

Mrs. Freels. That's right. 

The Chairman. That may be made exhibit No. 10. 

(Document referred to was marked "Exhibit 10" for reference 
and will be found in the appendix on p. 7503.) 

The Chairman. By whom is tliat check endorsed on the back ? 

Mrs. Freels. Teamsters local 621. 

Mr. Kennedy. Now I want to ask you as a general proposition, 
when the local in Knoxville was having difficulty, there was some ])rob- 
lem, would it make any telephone calls to the locals in Nashville or 
Chattanooga ? 

Mrs. Freels. Yes, sir. If a company was out on strike they usually 
stayed out a week or so. After that the local was not financially able 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7173 

to support those men, to give them their wages, and they in turn 
would call different locals and ask them to send somehody in to help 
out on the strikes. Then after this would occur, after the people 
would come in, whoever they called, you could always pick up the 
paper the next morning or so and see where we had a violence. 

Mr. Kennedy. So there would be a telephone call. There would be 
some difficulty you would have with a company. A telephone call 
would be made to the local in Nashville or the local in Chattanooga, 
that 1, 2, or several individuals would come up there to Knoxville and 
within 1 or 2 or several days you would have violence; is that right? 

]\Irs. Freels. That's right. 

Mr. Kennedy. That was a i^rocedure that followed invariably over 
a ])eriod while you were with the teamsters union ? 

Mrs. Freels. Yes, sir ; that's right. 

"Siv. Kennedy. Who would be the person usuallv called in Nash- 
ville? 

Mrs. Freels. In Nashville, W. A. Smith, Hard Hearing Smithy. 

Senator Curtis. Who would place the calls ? 

Mrs. Freels. Sometimes I would ])lace the call. 

Senator Curtis. Who would talk on them ? 

Mrs. Freels. Mr. Reynolds or Mr. Payne. 

Senator Curtis. Mr. Payne is secretary-treasurer ? 

Mrs. Freels. Secretary-treasurer. 

Senator Curtis. Mr. Eeynolds is the president ? 

Mrs. Freels. President and business agent. 

Senator Curtis. To your knowledge are they still the officers of 
that union ? 

Mrs. Freels. Mr. Payne is still there. Mr. Reynolds is not there. 

Mr. Kennedy. Who Avould they get from Chattanooga ? 

]\Irs. Freels. Glenn Smith. 

IMr. Kennedy. What was his position in Chattanooga ? 

]Mrs. Freels. It is my understanding he was a business agent there. 
I think he came from Florida to Chattanooga. 

Mr. Kennedy. According to our records he was business agent as 
well as president of local 51.5 of Chattanooga. 

Mrs. Freels. I think he was business agent. 

Mr. Kennedy. And also president of the Teamsters Joint Council, 
No. 87 ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. Would Glenn Sijiith come up to Knoxville and 
would there be violence that would follow his arrival in Knoxville? 

Mrs. Freels. Yes, sir, he would usually come in late in the after- 
noon and usually the next morning we would see something in the 
paper. 

]Mr. Kennedy. Now specifically we had some testimony from a gen- 
tlemen this morning, the last witness who testified this morning, re- 
garding the dynamiting of his automobile which was outside his 
home, with the result that his wife and children were thrown out of 
bed and his wife suffered a great deal for a period of 4 or 5 months 
following. Was there any discussion in the headquarters regard- 
ing that matter of this car being dynamited belonging to this man 
working for Purity Packing Co. ? 



7174 IMPROPER AcnvrriE's in the labor field 

Mrs. Freels. Yes, sir, I remember very distinctly, I mean this one 
stays with me because Glenn W. Smith called on the telephone that 
afternoon. I asked who was calling. He told me it was none of my 
business — only he put another word in front of it. So I finally let 
him talk to Mr. Payne, I was curious to know who was calling. So 
he talked to Mr, Payne, They laughed and talked awhile. After he 
finished I walked into Mr. Payne's office and asked him who was 
calling. He said, "Lola, that was Glenn Smith from Chattanooga." 
I told him what Mr. Smith said. 

He said, "Aw, he was just kidding you. He didn't mean that." 

Then I know the next day we were looking at the paper and saw 
in there about this car being blown up. I said, "Well, that is a shame 
they would blow up that poor boy's car. That's the only car he has." 

Mr. Reynolds said : "Aw, the old car was not worth anything. He 
didn't lose much," 

I said, "Yes? That car means as much to him as that Cadillac 
means to you," So he sort of laughed about it. 

I said, "I can't understand why people do such things." He said, 
"Do you believe everything that comes out in the paper?" 

I said, "Well, I believe just about all of it." I said, "Surely they 
would not print something they shouldn't." 

He said, "Now, that is not so about blowing the lady out of bed, 
because I was so many feet away from there when it happened," and 
he gave me the amount of feet, but the amount I don't remember. 

He said, "I was so many feet away from there and I know that the 
explosion wasn't hard enough to blow her out of the bed." 

Mr. Kennedy. He told you that on the day following the dynamit- 
ing; is that right? 

Mrs. Freels. Yes, sir, after it came out in the paper. 

The Chairman. This occurred last year? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. October 26, 1956, 

The Chairman, I don't know. I doubt if the statute of limitations 
has run against it. I am not familiar with the Tennessee law. Would 
you be willing to testify before a jury in Tennessee just what you 
testified here? 

Mrs. Freels. Yes, sir. 

The Chairman. Well, I think there will be a little bit of public 
interest directed toward that area in Tennessee and the officials down 
there to see what action they take after this testimony has become 
known. You have never been interrogated about it, nobody down 
there has ever tried to find out anything from you about what you 
knew about it, have they? 

Mrs. Freels, No, sir. 

The Chairman. As Senator Curtis has said, and we all recognize, 
the Federal Government cannot do everything in this field but if local 
law-enforcement officers will do their duty instead of getting under 
the thumb or heel, as it may be, of some of these racketeers, it would 
stop a lot of this in the country. 

Mrs. Freels. I heard the statement made in the office that the union 
members there where I am from would endorse their candidates and 
put them in office. 

The Chairman. Would what? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7175 

Mrs. Freels. Endorse their candidates and put them in office. 

The Chairman. In other words, some political arrangement pre- 
cedes this neglect of duty on the part of the officers. 

Mrs. Freels. That is my understanding. 

The Chairman. In other words, they get elected, they are under 
obligation to the union so that they do not pursue the enforcement of 
the law when the union is involved or its members. In other words, 
the union, its racketeering element, its thugs, and the goons can feel 
pretty free to go out in that area down there and beat up people, 
blow up their cars, blow women out of their beds with dynamite, just 
carry on a reign of terror, with almost complete immunity from arrest 
or from prosecution. Is that the condition that prevails down there ? 

Mrs. Freels. Seemingly. 

The Chairman. Seemingly is it? That is the way it seems from 
here, and you have been there, as you know. 

Mrs. Freels. Yes, sir. 

The Chairman. Thank you. 

Mr. Kennedy. Now you have told about Glenn Smith from Chatta- 
nooga coming up and this explosion in connection with this automo- 
bile and the conversation Mr. Reynolds carried on. 

What about W. A. Smith? Can you give us any instances where 
he came from Nashville and there were explosions or dynamitings 
that took place and thei-e was a conversation in the office of the team- 
ster headquarters regarding that? What about in the warehouse 
outside Nashville ? Can you tell us about that ? 

Mrs. Freels. That was the Ajax Beer. 

Mr. Kennedy. Ajax Beer? 

Mrs. Freels. Ajax Beer Co. It is Ajax Beer Co. It was right 
after we had moved to the location at 311 Morgan Street. 

Mr. Kennedy. The teamsters were attempting to organize that at 
the time? 

Mrs. Freels. Yes, sir. They were trying to organize and the con- 
versation was pro and con between Mr. Payne and Mr. Reynolds in 
the office that if they couldn't organize the place that they would blow 
them out of business. 

Mr. Kennedy. Did anybody say that? 

Mrs. Freels. Yes, sir; Mr, Reynolds. 

Mr. Kennedy. He said if they could not organize the place they 
would blow them out of business ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. Was there any specific conversation regarding this? 

Mrs. Freels. I don't know what brought on the conversation but 
Mr. Reynolds said something about they put some dynamite under the 
building or in the building or somewhere, and said that they were 
cruising down the highway when they heard the explosion. I said, 
"Well, weren't you afraid they would stop you or something?" He 
said, "No, we were driving along just like anybody else." He said. 
"We didn't leave any evidence." 

The Chairman. When was that dynamiting done ? 

Mrs. Freels. It must have been in 1955, 1 believe. 

The Chairman. I don't know the laws of the State of Tennessee 
but I am quite confident it is a felony and I doubt if the statute of 

89330— 5S—pt. ]8 9 



7176 IMPROPER ACTIVITIES IN THE LABOR FIELD 

limitations lias run against that offense. There is still a lot of work 
for the law-enforcement officers to do in that area, as I see it. 

INIr. Kennedy. Was there some conversation also regarding the 
Robinson Freight Co.? Do you remember any conversation? 

Mrs. Freels. Yes, sir. I know some tires were slashed there, but 
I don't know who did that, and there was some conversation in the 
office about one of the truck doors being slashed. 

]Mr. Kennedy. Was there any conversation about the fact if they 
didn't come around they would be given a little party ? 

Mi-s. Freels. That was on Roddy Manufacturing Co. 

Mr. Kennedy. Roddy Manufacturing Co. ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. R-o-d-d-y ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. What conversation took place in connection with 
that? 

Mrs. Freels. Those boys were out on strike. Of course, to get 
them to come out the teamsters promised them this and that. Those 
boys came out. So after they stayed out a certain length of time, they 
call somebody in to help, and before they called, I believe they called 
a Smith from Chattanooga. I don't know his given name, but he was 
a dark-lieaded fellow. 

Mr. Kennedy. That is another Smith, from Chattanooga. 

Mrs. Freels. Yes, sir. Mr, Payne came to. the edge of my desk and 
said "Well, we are going to have to give Old Man Roddy a little 
party if he does not sign that letter of recognition." I believe it was 
the folloAving day that this Mr. Smith came in from Chattanooga and 
he went down ; of course he talked to ]Mr. Roddy's attorney and they 
were old friends, and of course they signed the letter of recognition 
up on the side of the building. 

INIr. Kennedy. So it was all settled ; the party was not necesssary. 

INIrs. Freels. That is right. 

JMr. Kennedy. Did you ever hear them say they were going to give 
any judges down there a little party if they started issuing these 
injunctions? 

Mrs. Freels. Yes, sir. Judge Dawson. 

Mr. Kennedy. AATiy were they goin^ to give him a party ? 

Mrs. Freels. Because he issued an injunction on tlie J. F. G. Cof- 
fee Co. 

Mr. Kennedy. AYlio said they were going to give him a party ? 

Mrs. Freels. Mr. Payne made that statement at the edge of my 
desk ; but he is the quiet one — he does not say much. I mean he can't 
remember anything. 

Mr. Kennedy. What do you understand was meant when they said 
they were going to give these people parties. 

Mrs. Freels. It meant one thing. After working with the team- 
sters that long, even a parrot would know what they were talking 
about. They would eventually catch on. 

Mr. Kennedy. In your estimation, from the course of conversa- 
tions you heard in the office, what was meant when they said they 
were going to give these companies, individuals, judges, a party? 

Mrs. Freels. It meant there was going to be a violence of some 
kind, either beating, dynamiting, or tire slashing or something. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7177 

Mr. Kennedy. In the Xewman-Pemberton strike in 1956, did you 
also hear some conversations in the office regarding the dynamiting 
of that company ? 

Mrs. Freels. Yes, sir. The morning the paper came out, that morn- 
ing Mr. Payne had the paper and he was hiughing about it, I believe 
it was about part of the truck being in the tree, being up on some- 
thing. He was laughing about it. 

Mr. Kennedy. Did Mr. W. A. Smith come up the night before on 
that? 

Mrs. Freels. Yes, sir; he was in town. He was laughing about 
that. He said, "Well, what is going to happen next ? We are going 
to blow him sky high." 

The Chairman. Did they blow a truck up in a tree, part of it? 

Uvs. Freels. Part of it. 

The Chairiman. It lodged up somewhere. 

Mrs. Freels. It lodged up. I don't know whether it was on a tree 
or a teleplione pole. Anyway, I said, "How can they do that and no- 
body know anything about it?" Mr. Reynolds said, "Well, I don't 
know. They had a night watchman down there, and they also had a 
man on the picket line but neither one of them seemed to hear any- 
thing or see anything." 

]Mr. Kennedy. The incident you have told us occurred the day fol- 
lowing the evening of the arrival of W. A. Smith in town; is that 
right? 

Mrs. Freels. \ es, sir. 

Mr. Kennedy. This is another incident where Mr. Smith, either 
W. A. or Glenn Smith, was called into town and violence occurred 
shortly afterward. 

]\Irs. Freels. That is right. 

The Chairman. Where do they get their dynamite? 

Mrs. Freels. The only thing I know, Mr. Eeynolds said they did 
not buv it in the town. 

The Chairman. Said what? 

Mrs. Freels. Said they would not buy it in the city where they 
were located. He said they went outside to another city somewhere 
and purchased the dynamite. 

The Chair:man. He did not tell you which city ? 

Mrs. Freels. No, sir. 

The Chairman. Or from whom they purchased ? 

Mrs. Freels. No, sir. 

The Chairman. I just wondered when the Smiths came to town 
whether they brought a few sticks of dynamite along with them. 

Mrs. Freels. I don't know. 

Senator Cltrtis. Were there any financial transactions through your 
petty-cash handlings or otherwise that involved the payment for 
dynamite? 

INIrs. Freels. Yes, sir ; there was one I remember, to Mr. Reynolds. 
He was discussing this with Mr. Hubert L. Payne about buying some 
dynamite and paying for it, and he was wanting his check. So Mr. 
Payne says 

Senator Curtis. Who had purchased it ? 

Mrs. Freels. Mr. Reynolds. So I was listening because I wanted 
to see who bought the dynamite and all about it. So I went to the 



7178 IMPROPER ACTIVITIES IN THE LABOR FIELD 

door and just as I started to get up, they closed the door but I still 
could hear through the crack. So Mr. Payne said, "I don't remember 
a thing about you buying any dynamite." He said, "It just slipped 
my mind." But he said, "If you say you bought it, go on in there and 
get your check." So Mr. Eeynolds came in where I was and said, 
"Lola, write me a check." I said, "For what?" He said, "Well, some 
dynamite I bought. I paid for it out of my own money." He said, 
"That crazy Payne ; he does not seem to remember a thing." 

I wrote the check, which was $50, and I asked him what he wanted 
me to put down for it. He said, "Put organizing expenses on it." 
The Chairman. Did you carry out the instructions ? 
Mrs. Freels. You have to work with the teamsters local. 
The Chairman. I understand. You did carry out instructions. 
Mrs. Freels. Yes, sir. 

The Chairman. Would you recognize the $50 check that you paid 
and marked it for organizational expenses if you saw a photostatic 
copy of it ? 

Mrs. Freels. Yes, sir. 

The Chairman, I present such a document to you for your identi- 
fication-. 

Mrs. Freels. Yes, sir ; this is the check that I wrote. 
The Chairman. According to your information from Mr, Reyn- 
olds to whom you made the check payable, that was a payment to 
reimburse him for money he had spent to buy dynamite ? 
Mrs. Freels, Yes, sir. 

The Chairman, That check may be made exhibit No. 11. 
(The document referred to was marked "Exhibit No. 11" for refer- 
ence and may be found in the appendix on p. 7504.) 

Senator Curtis. Did they get enough money there from local dues 
to carry on all these things ? 

Mrs. Freels. No, sir. We just had about 700, 1 would say approxi- 
mately 700 to 800 members that we paid per capita tax on. 

Senator Curtis. This is not a question for you to reply to, but 
throughout all this testimony I cannot help but think of the many, 
many individual truckdrivers and workers over the United States who 
are not hoodlums and who are not criminals, who work at that to 
support their families. I am thoroughly convinced that they are 
unwilling contributors to enterprises like this, that they would not 
willingly ])ay their money into an organization in order to carry on 
such criminal activities. Their rights are being denied. They are 
captives. They are victims of a system where someone has to support 
this gangster activity in order to hold their job and make a living. 
It is wrong and it is a responsibility that must be faced by everybody. 
The Chairman. Do you have anything further, Mr. Kennedy ? 
Mr. Kennedy. Yes, 1 have one otlier thing. 
You left the union in 1956 ? 
Mrs. Freels. Yes, sir. 

Mr. Kennedy. What were tlie circumstances under which you had 
a falling out with the teamsters local ? 

Mrs. Freels. Because the officeworkers put a picket line on the 
teamsters local. 

Mr. Kenndy. You were a member of the officeworkers union ? 
Mrs. Freels. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7179 

Mr. Kennedy. And they began to picket the teamsters? 

Mrs. Freels. Yes, sir. I still am a member as of this time. I don't 
know how long I will be. 

Mr. Kennedy. But they felt that the teamsters were engaging in 
unfair practices with their ow^i employees; is that right? 

Mrs. Freels. That's right. 

Mr. Kennedy. And you went out on strike ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. And were they upset by the fact you were striking 
against them and the officeworkers employees were striking? 
' Mrs. Freels. Yes, sir, Mr. Payne came to my desk — well, I got fired 
the night tlie picket line was put on. 

Mr. Kennedy. For going out on strike ? 

Mrs. Freels. Yes. 

Mr. Kennedy. What did he tell you at that time ? 

Mrs. Freels. Mr. Reynolds came out on the picket line. He said, 
"Lola, you are finished with the teamsters. I would like you to turn 
in your keys. You are fired." I said, "Thank you."' So I gave him 
my keys. 

So we walked the picket line that night. They called in their attor- 
ney, Mr. Reynolds from Knoxville, for the teamsters. Of course, the 
officeworkers met with their attorney. The attorney advised Mr. 
Reynolds to put me back to work, but if he wanted to eventually get 
rid of me he could. 

Mr. Kennedy. What was the dispute between the officeworkers 
union and the teamsters ? 

Mrs. Freels. They brought a girl in from the Nashville local who 
was on a withdrawal card and she was not a member of the office- 
workers in Knoxville and she did not contact them. She would not 
put her withdrawal card in, I mean, deposit her withdrawal card. 

Mr. Kennedy. So they had broken their contract with the employees 
union ; is that right ? 

Mrs. Freels. Yes, sir. You see, according to our contract the team- 
sters were supposed to call the officeworkers whenever they need a 
girl, but the teamsters said they would hire whoever they wanted to 
and work whoever they wanted to. 

The Chairman. In that respect they do not practice what they 
preach. 

Mrs. Freels. No, sir. In fact, our contract expired in September 
and it wasn't signed until I believe the day I left there. They signed 
my contract and tlien got rid of me. 

Senator Curtis. Did the teamsters union cooperate with any other 
unions, assist other unions when they were having a strike or have a 
cooperative arrangement with them in any way ? 

Mrs. Freels. Yes, sir, if they had some gi'ocery store or something 
on the unfair list they would call each local union there in town and 
ask them to cooperate and to ask their members not to buy this 
product. 

Senator Curtis. The teamsters would make those calls ? 

Mrs. Freels. Yes, sir. 

Senator Curtis. What union would be involved with the store ; the 
teamsters ? 

Mrs. Freels. Yes, sir, the teamsters. 



7180 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Senator Curtis. They would call other unions and ask them to assist 
in boycotting the store ? 

Mrs. Freels. Yes, sir. 

Senator Curtis. What other unions would they call ? 

Mrs. Freels. Well, we were in the same building with a lot of the 
labor organizations, the laborers' local. 

Senator Curtis. That is common laborers ? 

Mrs. Freels. Yes, sir. And the millrights, the plasterers and 
cement finishers were there. And the iron workers, the carpenters 
local. They called just about everybody in town and asked them to 
remember not to buy this particular item from different stores. 

Senator Curtis. iDo you know any other union that appealed to the 
teamsters and asked them for their help ? 

Mrs, Freels. Not anybody in particular. On this Judge Dawson 
that we were talking about, when he issued this injunction the Knox- 
ville building trades in Knoxville was asked to call the representatives 
from each local union and that they go and make an impression on 
Judge Dawson and let him know that they had quite a few union 
people that wouldn't stand for such a thing. 

Senator Curtis. Who did he issue the injunction against? What 
union ? 

Mrs. Freels. The teamsters local. 

Senator Curtis. ^^Hiose idea was that to impress the judge? 

Mrs. Freels. That was Mr. Payne's idea. He said he thought if he 
got a group of the representatives from different locals that they could 
go up there and make this — I liave never seen Judge Dawson but his 
expression was that they would make this old man quit issuing in- 
junctions. 

Senator Curtis. Did any unions agree to do that ? 

Mrs. Freels. There were several of them that went that morning. 

Senator Curtis. Do you know which ones were involved ? 

Mrs. Freels. No, I don't. 

Senator Curtis. Where did the barbers union fit into this picture? 

Mrs. Freels. The barbers, I don't know anything about the barbers. 

Mr. Kennedy. That is Nashville. 

So you went out on strike. Did anybody say anything to you how 
the teamsters felt about being struck by another union ? 

JNIrs. Freels. Yes, sir. ]\Ir. Payne came to my desk and he said — 
well, that was the next morning after I went back to work. They 
agreed to take me back to work tliat night. The morning I went back 
to work he said, ''Lola, for your information, the international is very 
upset over the picket being put on the teamsters local," and he says, 
"This will eventually get rid of you." 

I said, "Well, they have to be shown one time or another." 

Mr. Kennedy. You continued to work there for a period of time ? 

Mrs. Freels. Yes, sir; the strike, I believe, was in September, and I 
was terminated in November. 

Mr. Kennedy. In November of 1956 ? 

Mrs. Freels. Yes, sir; and after that statement was made my wages 
were decreased, and I mean I have had a rough time of it since then. 

Mr. Kennedy. After that your wages were decreased ? 

Mrs. Freels. Yes, sir 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7181 

Mr. Kennedy. From September to November, and finally you were 
fired ; is that right ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. What reason did they give for firing you ? 

Mrs. Freels. AVell, on my termination slip it said "Spreading false 
rumors," I believe. 

Mr. Kennedy. What was the situation in connection with that ? 

Mrs. Freels. I was talking to one of the business agents wives, and 
a lot of times if they were out late they would call me and ask we 
where they were. 

Mr. Kennedy. If the business agent was out late, their wives would 
call you and ask you where they were ? 

Mrs. Freels. Yes, sir. So on this particular one, Mrs. Payne 
wanted to know if Mr. Payne was in a meeting that night, and I told 
her I didn't know, I didn't think so, they didn't have anything sched- 
uled. So I think they went all over town looking for him, and they 
finally found him. He said he was in a lawyer's office, and, of course, 
I don't know, but that was what he told me. 

Also, Mrs. Vandergrif t was in this, too, and she was looking for her 
husband. 

INIr. Kennedy. Those were the false rumors ? 

Mrs. Freels. So Mr. Payne got me out of bed and called me. My 
father answered the phone about 12 oi- 1 o'clock that night, and got me 
out of bed, and he said, "What did you tell my wife that I wasn't at a 
meeting for ?" And I said, "Well, Payne, I didn't think you were, and 
I didn't know you had a meeting scheduled.'' And he said, "Well, we 
will see what we can do about this tomorrow." 

So I went into the office, and I hated to go, but I did. I knew what 
was coming. And I went on in, and as soon as I got in the door he 
started, he and Mr. Yandergrift. So he said, well, if Mr. Eeynolds 
didn't fire me, he would call ]\Ir. ]\Iendoza and have him fire me. 

Mr. Kennedy. Who was he at the time? Was he international 
organizer for the teamsters ? 

Mrs. Freels. Mr. Mendoza came in, and that was during the time 
the local was going under trusteeship, and so Mr. Mendoza came in 
and, of course, I worked there a day or two, and he came to me about 
4:30 one afternoon, and Payne and Yandergrift, in turn, told him 
what happened. And so I called the officeworkers in, and it happened 
that Mr. JMurtha knows the president of the officeworkers, and they 
are good friends. I couldn't get anything done through them, so I, 
in turn, contacted Kay Jenkins in Knoxville, and I thought that 
something ought to be done. So he said, "Just wait awhile, Lola, 
maybe everything will come out." 

Mr. Kennedy. He was somebody who knows. 

Mrs. Freels. So I explained everything to him, and he told me 
to wait, and so I was fired about 4 : ?>b, and I gathered up everything 
I had and I started to walk out and I thought, "Well, I will need a 
separation notice," and so Mr. Mendoza was sitting there, and I said, 
"Mr. Mendoza, may I have my separation notice?" And he said, 
"Well, can't you wait a day or two?" And I said, "No, I would like 
to have it now." And he said, "Well, I don't have any separation 
forms." And I said, "I beg your pardon, you do have, and I have 
some in my desk drawer." 



7182 IMPROPER ACT'IVrTIES IN THE LABOR FIELD 

So I got the separation notices out, and I said, "Here are the forms. 
Now could I have my separation noticed' And he said, "Xo, I will 
send it to you in a day or two, because I don't know what I am going 
to put on it." And he said, "Why are you in such a hurry for it, and 
why do you want it ?" So I was angry at that time, and I said, "Well, 
I am going to take that out and see if I can't get that reward that is 
going around in the paper," and, boy, he hit the ceiling then. 

Mr, Kennedy. What was the reward for ? 

Mrs. Freels. I don't remember. 

Mr. Kennedy. For the dynamiting, or information on the dyna- 
miting ? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. It was $15,000 reward at that time ; was it not? 

Mrs. Freels. I don't remember the amount, but it was the first 
thing that came in my mind. So I told him that, and I went out to 
dinner that night and about 10 o'clock my mother received a call, 
somebody wanting to see me. So she told them I would be in about 
10 : 30, and at 10 : 30 I drove up in the driveway, and, of course, this 
car was parked up from the house. As I got out of the car, this car 
came driving up and it was Mr. Keynolds. He said, "Lola, get in 
the car, I want to talk to you a minute." And I said, "Well, come 
on in the house and we can talk better." And he said, "No, I want 
you to sit out here." Of course, mother saw me come up and she came 
to the window and she knew what had happened and everything that 
had happened, and she was a little bit worried. 

So she stayed there at the window, and I went to the window and 
told her everything was all right, and so I sat down in the car with 
Bill Reynolds. He told me that Mr. Mendoza had called him to the 
hotel and asked him to come out and see me, and asked me not to say 
anything that would probably get him put in the pen. He sat there 
and talked a long time. He said, "Lola, I don't want you to say any- 
thing about what has happened because I have got my wife and my 
child to think about," ancl I said, "Well, Bill, if the teamsters have got 
you in anything you ought to tell who has gotten you into it," but, I 
said, "If they ever contact me I will go and I will tell just exactly 
what I know," and I said, "If it hurts you or whoever it hurts it 
should be stopped." 

So I was contacted by the committee, and here I am. 

Mr. Kennedy. Did Mr. Eeynolds say what Mr. Mendoza had prom- 
ised him if he could stay out of the pen ? 

Mrs. Freels. Yes ; Mr. Reynolds told me that night that Mr. Men- 
doza told him that he would give him a good job in another local 
union if he could stay out of the pen at least a year. 

Mr. Kennedy. He was being removed from his job at that time? 

Mrs. Freels. Yes, sir. 

Mr. Kennedy. If he could stay out of the pen for a year, they would 
give him a job in another local ? 

Mrs. Freels. Give him a job in another local. 

Mr. Kennedy. Do you know what Reynolds is doing now ? 

Mrs. Freels. No, sir. 

Mr. Kennedy. The year is not up yet. Didn't that happen about 
1956, the end of 1956? 

Mrs. Freels. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7183 

Mr. Kennedy. You have never been contacted by any of the hiw- 
enf orcement agencies 'i 

Mrs. Freels. No, sir. 

Mr, Kennedy. Mr. Duffy and Mr. McShane were the first ones to 
contact you ? 

Mrs. Freels. Yes, sir, 

Mr. Kennedy. Did you receive any threats regarding your testi- 
mony ? 

Mrs. 
employed in another place, which is not union. 

Mr. Kennedy. What did you hear ? 

Mrs. Freels. I received two calls ; 1 guess it was about 2 days apart, 
and it sounded like a man, and I am not sure. I don't know who it 
was, but he sounded like a man with a gruff' sort of voice, and he said 
"iSIrs, Freels, you had better keep your mouth shut," and it was real 
deep, and I got so upset on my job 1 couldn't hardly do it. So I didn't 
say anything to my boss about it, and he didn't know a thing in the 
world about it until he was contacted about my coming here. 

JNIr. Kennedy. Did he know you were upset at that time ? 

Mrs. Freels. Yes, sir; he came over to me, and he said, "Mrs. 
Freels, what is wrong?" And I said, "Oh, nothing," and I just kept 
on working. 

Mr. Kennedy. You didn't tell him until you were subpenaed to 
appear before the committee ? 

Mrs. Freels. No, sir. 

Mr. Kennedy. That is all. 

The Chairman. The Chair, on behalf of the committee, wishes to 
thank you. If we had more people like this in the country who would 
come forth with what they know and help expose this nefarious racket 
that was going on, we could soon make this a better country. You 
are to be highly commended, and if you get any other threat from any 
source, pass that w^ord on to this committee at once. I do not know 
what the local officials will do to give you protection, but they owe 
it to you and they owe it to every decent, law-abiding citizen in this 
country. They have to get on one side or the other, on the side of 
law and order, and i)rotect human rights and property rights and 
the lives and physical w^elfare of people and keep them from being 
assaulted and maimed and crippled. Otherwise, we will soon have a 
jungle in America. 

"VVe have got to protect our civilization, and it is tragic, I think, 
that we have to go to all of this trouble to try to protect it against the 
characters and elements. I said "characters," They are low charac- 
ters, if they have any character at all, that are engaging in these activi- 
ties. If you get any threat at all, you let this committee know about it 
immediately. 

And, again, thank you very much. 

Mr. Kennedy. That will be all for this witness. This will just 
take a few minutes, but she testified as to the situation of a telephone 
call being made, and then dynamitings and violence following a call, 
and then Smith and the other Smith, "Hard of Hearing" Smith, ap- 
pearing on the scene. We have a situation down in Jackson, Miss., 
which I would just have our staff investigator testify to to put the 
facts in the record, and it will just take a few minutes. 

Mr. McShane, will you testify, please ? 



7184 IMPROPER ACTIVITIES IN THE LABOR FIELD 

TESTIMONY OF JAMES P. McSHANE 

The Chairman. You have been previously sworn, and you may 
proceed. 

Mr. McSiiANE. Thank you, sir. 

Mr. Kennedy. Did you find, Mr. McShane, that there was a tele- 
phone call made from Jackson, Miss., where the teamsters union was 
having difficulty at the time? There was a telephone call made up to 
Tennessee ? 

Mr. McSiiANE. I did. 

Mr. Kennedy. To whom was the telephone call ? 

Mr. McShane. It was made to Mr. Don Vestal. 

Mr. Kennedy. ^\^io is he ? 

Mr. McShane. The president and business agent of local 327 in 
Nashville. 

Mr. Kennedy. From where was the telephone call made ? 

Mr. McShane. The telephone call was made from the union hall of 
local 891 in Jackson, Miss. 

Mr. Kennedy. Was that union at that time having some difficulty 
with a company in Jackson, Miss. ? 

Mr. McShane. Yes, sir. At that time they were having a labor 
difficulty with the cottonseed oil company mills at Jackson, Miss., and 
also at tallulah. La. 

Mr. Kennedy. Did you make an investigation to determine 
whether Mr. Glenn W. Smith or Mr. W. A. Smith went to Jackson, 
Miss. ? 

Mr. McShane. Yes, sir ; I did. 

Mr. Kennedy. Did you find that both of those individuals went 
down to Jackson, Miss. ) 

Mr. McShane. Both of them were there, and both of them were 
seen in the union hall, and also on the picket line a few days prior to 
the dynamiting. 

Mr. Kennedy. Did you find out that the point of the call was to 
obtain the help of these teamster officials ? 

]\Ir. INIcShane. Yes, sir, and, in eft'ect, the message was, "We are in 
trouble, and we need your help. Please send someone down." 

]\Ir. Kennedy. You have an affidavit to that effect ? 

Mr. McShane. I have an affidavit to that effect. 

Mr. Kennedy. Could we have that affidavit made a part of the 
record ? 

The Chairman. That affidavit may be made a part of the record. 

(The affidavit referred to follows :) 

Affidavit 

I, Mrs. Lloyd A. Hutchins, who reside at 44020 North Hoban Avenue, Lan- 
caster, Calif., freely and voluntarily make the following statement to LaVern J. 
Duffy, who has identified himself to me as a member of the staff of the United 
States Senate Select Committee on Improper Activities in the Labor-Manage- 
ment Field. No threats, force, or duress has been used to induce me to make 
this statement, nor have I received any promise of immunity from any conse- 
quences which may result from submission of this statement to the aforemen- 
tioned Senate select committee : 

In .January 1956, I, Mrs. Lloyd A. Hutchins, was employed by teamsters 
union local 891, Jackson, Miss. My duties with the union were of a clerical 
nature in the ofiice of the union hall, located at 130 West Woodrow Wilson 
Drive, Jackson, Miss. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7185 

On December 31, 1905, the teamsters union called a strike against the 
Southland Cotton Oil Co., 1000 Mill Street, Jackson, Miss. 

On or about January 9, 1956, during the Southland Cotton Oil Co. strike, I 
overheard Mrs. Bess Hoover, secretary of local 891 and wife of the president 
and business agent, "Red" Hoover, make a long-distance telephone call to the 
teamsters office in Nashville, Tenn. During this telephone conversation, I heard 
Mrs. Hoover remark, "Don, we are in bad shape. You had better send help 
down." 

Later the same day, on or about January 9, 1956, I heard Mr. "Red" Hoover 
request his wife to call Mr. Don Vestal of teamsters local 327 in Nashville, 
Tenn., on the telephone. Mr. Hoover went into his inner office and closed the 
door. Mrs. Hoover placed the call to Mr. Vestal and before she referred the 
call to Mr. Hoover, she told Mr. Vestal not to say anything about the fact that 
she (Mrs. Hoover) had spoken to him earlier on the telephone. 

I have read the foregoing statement, and to the best of my knowledge, it is 
true and correct. 

Mrs. Lloyd A. Hutchins. 

Witnesses : 

Helen C. Kurtz. 

Mrs. Jekry R. Pittiman. 

Sworn to and subscribed before me this 18th day of October 1957. 

T. L. Thomas, Notary Public. 

My commission expires September 7, 1958. 

Mr. Kennedy. Did you find that after Mr. Glenn Smitli and Mr. 
W. A. Smith, one from Chattanooga and the otlier from Nashville, 
that after they arrived on the scene down in Jackson, Miss , that some 
violence occurred ? 

Mr. McSriANE. Yes, sir. 

]Mr. Kennedy. What kind of violence ? 

Mr. McSnANE. On the night of January 15, 1956, about 11:20 
p. m., a Mr. Xabors, who was the night superintendent at the plant, 
observed the green Cadillac sedan pull up by a fence and stop. A 
man got out and threw a lieavy package over the fence beneath the 
transformer belonging to the Mississippi Power & Light Co., wdiich 
was on the company property. He observed that there was a fuse 
attached and that it was burning. With the assistance of several 
employees, he succeeded in putting out the fuse. 

About that time, on the other side of the plant, there were two 
terrific explosions. A subsequent investigation disclosed that there 
were two 300,000 gallon capacity tanks containing black oil and 1 
cottonseed storage bin containing cottonseed had been completely 
destroyed. The estimated damage of that was $35,000. 

]Mr. Kennedy. That was $35,000 and water was sprayed on some 
of the dynamite before it exploded ? 

]\Ir. McSiiANE. Twenty-one sticks of dynamite Avere recovered. 

Mr. Kennedy. And you have some affidavits there indicating that 
the reason for Mr. Smitli being present in Jackson, Miss., was for 
the purpose of dynamiting or participating in this violence ? 

JNIr. McShane. Yes, sir. 

Mr. Kennedy. And you have some information or some affidavits 
there indicating that they were seen on the picket line and were active 
in the strike? 

Mr. ]\r( Shane. Yes, sir, and also at the union hall. 

]Mr. Kennedy. This is Jackson, Miss., and we will have some other 
information regarding the activities of some of these individuals in 
Florida, but I wanted to get that in the record at the present time. 

]\Ir. McSiiane. There was also a dynamiting an hour later, at Tal- 
lulah. La., belonging to the same company. 



7186 IMPROPER ACTIVITIEiS IN THE LABOR FIELD 

Mr. Kennedy. How far away was that ? 

Mr. McShane. Roughly about 70 miles aAvay, and there was a 
dynamiting there, and a medium-sized tank was destroyed, and the 
estimated damage to that was $1,600, and it was the same company, 
and another mill plant. 

Mr. Kennedy. Was tliere an investigation made to determine 
whether it was the same kind of dynamite that was used in both ? 

Mr. McShane. The dynamite found at both scenes was taken and 
sent to the Louisiana State Department of Public Safety, the division 
of police, located at Baton Rouge, and a Dr. Ray Herd examined all 
of the articles, and said that in his opinion these materials were 
identical in every respect, and that they came from the same source. 

The Chairman. All right, the affidavit you referred to may be placed 
in the record. 

(Affidavits referred to follow :) 

Affidavit 

I, Daniel W. Moulder, 2318 Bailey Avenue, Jackson, Miss., telephone No. 
2-^334, freely and voluntarily make the following statement to Mr. James 
McShane who has identified himself to me as a member of the staff of the United 
States Select Committee on Improper Activities in the Labor or Management 
Field. No threat, force, or duress have been used to induce me to make this 
statement, nor have I received any promise of immunity from any consequences 
which may result from submission of the statement to the aforementioned 
Senate select committee. 

A couple of nights before the dynamiting up at the Southland Cotton Oil 
Co., 1000 Mill Street, Jackson, Miss., I went to the meeting hall of the teamsters' 
union, local 891, address 130 West Woodrow Wilson Drive, Jackson, Miss. 

It was on or about January 12, 1956, at about 9 p. m. I was to attend a 
meeting that L. M. "Red" Hoover, president of local teamster's 891, had called 
for several of us fellows regarding the strike up at the Southland Cotton Oil Co. 
plant. 

While in the union hall waiting for the meeting to start I went over to the 
door of the office of "Red" Hoover. I wanted to get something inside his office. 
The door was closed. Mrs. Hoover, secretary of local No. 891, and wife of "Red" 
Hoover, was standing near the door. She told me not to open it as there was a 
private meeting going on inside of "Red" Hoover's office. I walked back to the 
other side of the room and waited. About a half hour later Hoover's office door 
opened and out walked W. E. Huff, who lives at 435 Roland Street, Jackson, 
and Charlie Hudson, who resides at 309 Pearl Drive East, Jackson, Miss. They 
are members of local 891, and were active up at the strike at Southland Oil 
plant. Also coming out of the office was "Red" Hoover and two other fellows whom 
I did not recall having seen around the union hall before. Huff and Hudson 
came over and spoke to me. Where the other men went I do not know. 

I have been shown 16 pictures of a group of men by Mr. James McShane a 
member of the subcommittee staff. From these pictures I positively recognized 
two men. Mr. McShane informs me one is Glenn W. Smith, president of team- 
ster's local No. 515, Chattanooga. The other man I saw who was wearing 
a hearing aid, Mr. McShane informs me is W. A. "Hard Hearing Sniitty" Smith, 
business agent of teamster's local 327, Nashville. 

On the afternoon of when this all happened I recall seeing the man I recog- 
nized as Glenn W. Smith driving a Cadillac bearing Tennesssee license plates. 
I have tried, but I just can't recall the color of the Cadillac. 

Daniel W. Moulder. 

Witnesses : 

James W. McShane. 
R. C. Bennett. 

Subscribed and sworn to before me this 9th day of September 1957. 

E. M. Shaw. 
My commission expires May 28, 1960. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7187 

Affidavit 

I, W. L. Hodgin, 111 Sanford Street, Jackson, Miss., telephone No. 50274 free- 
ly and voluntarily make the following statement to James McShane who has 
identified himself to me as a member of the staff of the United States Select 
Committee on Improper Activities in the Labor Management Field. No threat, 
force, or duress have been iised to induce me to make this statement, nor have 
I received any promise of immunity from any consequences which may result 
from submission of the statement to the aforementioned Senate select com- 
mittee. 

In January 1906 I was employed at the Southland Cotton Oil Co. of 1000 
Mill Street, Jackson, Miss., as mill superintendent. On or about January 9, 
19")H. I had an occasion to drive one of the nonstriking employees, Joe Sayles, 
to his truck which was located across the picket line with my car. This 
was around noon. Later that evening, about 7 p. m. I left the plant and went 
to Macks drive-iu-restaurant located at 1836 Mill Street, Jackson, about 5 blocks 
from the plant. As I was finishing my meal Mr. L. M. "Red" Hoover, presi- 
dent and business agent of teamster's imion local 891, Jack.son, Miss., came 
into the drive-in with three other men and sat down in the restaurant. This 
luiion, local 891 was the one that was conducting the strike at our plant and 
had established the picket line. Mr. Hoover and his associates did not order any- 
thing but sat looking at me. As I started to leave he said to me "I want to 
see you." He followed me outside and the other three followed. Two of them 
accompanied Mr. Hoover over to where I was and the fourth remained in the 
open doorway. When Mr. Hoover got up to me he said, "You smart s. o. b. 
I don't want" to see you taking anybody across the picket line again," or words 
to that effect. 

Mr. James McShane of the subcommittee staff has shown me 16 pictures of 
men in several groups. From these pictures I have recognized the man who 
was standing in the doorway at the drive-in. I am told by Mr. McShane that 
he is Glenn \V. Smith, president of the teamster's union, local No. 515 at Chat- 
tanooga, Tenn. 

Also in looking over the 16 pictures I recognized and can identify another 
man, wearing a hearing aid, as one I saw around the picket line at the time of 
the strike. I have been informed by Mr. McShane that this man is W. A. "Hard 
Hearing Smitty" Smith, business agent for teamsters' local No. 327, Nashville, 
Tenn. 

During the strike I saw a light green Cadillac automobile with Tennessee 
license plates cruising the streets around the plant on several occasions in the 
late evening or nighttime. I noticed it parked one evening at the place where 
the men on the picket line parked their cars. 

W. L. HODGIN. 

Witnesses : 

James McShane. 

H. T. Busby. 
Subscribed and sworn to before me this the 7th day of September 1957. 

E. M. Shaw. 
My 4-year term of office expires May 28, 1960. 

The Chairman. Before we adjourn, the Chair wishes to ask a ques- 
tion of Mr. Duffy of the staff. 

You have been previously sworn. Have you checked the criminal 
record of this man, W. A. Smith, business agent of the teamsters' 
local, 327, Nashville, Tenn. ? 

TESTIMONY OF La VEEN J. DUFEY— Resumed 

Mr. Duffy. Yes, in Nashville. 

The Chairman. Have you made a compilation of his criminal 
record ? 

Mr. Duffy. I have, Mr. Chairman. 



7188 



IMPROPER ACTIVITIES EST THE LABOR FIELD 



The Chairman. All right, that information may be printed in the 
record at this point. 

(Information referred to follows :) 

Memorandum 

November 11, 1957. 
To : Robert F. Kennedy. 
From : L. J. Duffy. 

Subject: W. A. Smith, business agent, teamsters' local, 327, Nashville, Tenn., 
police record. 



Date 


Charge 


City 


Disposition 


Nov. 9,1934 
May 18, 1937 
Dec. 15,1947 
Dec. 18,1949 


Investigation (robbery), vagrancy, and 

disorderly conduct. 
Public drunk, concealed weapon, 

assault. 
Obtaining property in excess of $60 by 

fraud. 


Memphis, Tenn. 

Nashville 

Memphis 

Nashville 

do 

do 

do 

do 


Vagrancy dismissed. Fined $5 

for disorderly conduct. 
No record of disposition. 

Do. 


Jan. 14,1950 

Do 

Dec. 23,1950 

Do 


Keeping disorderly house 

Operating disorderly house 

Driving while drunk (unable to find 

road). 
Disorderly and offensive conduct 


Fmed $50. 
Fined $25. 
Fined $50. 




do 


Fined $25. 


Dec 1 1951 


Loitering 


do 

do 


Fined $10. 


May 9,1952 

May 27, 1953 
Dec 3 1955 


Drunk, disorderly, and offensive con- 
duct. 
Assault and battery 


Fined $50. 


do 


Party assaulted dropped charges. 


Violating State registration law (dyna- 
mite caps and equipment found in 
his car, 1951 Chevrolet sedan). 

Violating State registration law (dyna- 
mite caps and equipment found in 
his car, 4 door Mercin-y sedan). 

Drunk and disorderly 


do 


Fined $2 50 plus court costs of 


Do 


do 


$9.75, total of $12.25. 
Dismissed. 


Dec. 30,1955 


do 


Fmed $10. 




do 


Do. 


Mar. 19, 1956 


do-— 


do 


Fmed $5. 



Senator Curtis. Mr. Chairman, I recall that Mr. Hoffa replied to 
an inquiry about employing people with criminal records for union 
organizers and other work. He said that they endeavored to do it in 
order to rehabilitate them. 

The Chairman. They have not made much progress with Mr. Smith. 

Senator Curtis. Not very much. 

The Chairman. I think that they could call that project a failure 
and end it right now. 

The committee will stand in recess until 10 : 30 a. m. in the morning. 

(Whereupon, at 4 : 05 p. m. the committee recessed, to reconvene at 
10 : 30 a. m., Saturday, December 7, 1957.) 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



SATURDAY, DECEMBER 7, 1957 

United States Senate, 
Select Committee on Improper Activities in the 

Labor or Management Field, 

Washington, D. O. 

The select committee reconvened at 10 : 30 a. m., pursuant to Senate 
Resolution 74, agreed to January 30, 1957, in the caucus room, Senate 
Office Building, Senator John L. McClellan (chairman of the select 
committee) presiding. 

Present : Senator John L. McClellan, Democrat, Arkansas ; Senator 
John F. Kennedy, Democrat, jSlassachusetts. 

Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy, 
investigator; James P. McShane, investigator; Ruth Y. Watt, chief 
clerk. 

The Chairman. The committee will be in order. 

(Members of the committee present at the convening of the session : 
Senators McClellan and Kennedy.) 

The Chairman. Call the next witness. 

Mr. Kennedy. Mr. Powers, Mr. Chairman, is the next witness. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Powders. I do. 

TESTIMONY OF B. B. POWEKS 

The Chairman. State your name, your place of residence, and your 
business or occupation, Mr. Powers. 

Mr. Powers. My name is B. B. Powers, my home address is 2906 
Fifth Avenue, Knoxville, Tenn. My business address is 3434 McCalla 
Avenue, Knoxville, Tenn. 

The Chairman. What is your business or occupation ? 

Mr. Powers. Food markets. 

The Chairman. Thank you very much. You waive counsel, do you ? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. Mr. Powers, in 1936 did you understand that the 
Coca-Cola plant in Knoxville was having some difficulties with the 
teamsters union ? 

Mr. Powers Yes, sir. 

Mr. Kennedy. Did you handle Coca-Colas out of your grocery 
store ? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. Did you have some conversations in September of 
1956 with some teamster officials regarding the selling of Coca-Cola? 

Mr. Powders. Yes, sir. 

7189 



7190 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Will you tell us the events that preceded that, first 
that the representatives of the Coca-Cola company came in to install 
some Coca-Colas in your grocery stores ? 

Mr. Powers. The Coca-Cola truck came in about 1 or 2 o'clock in 
the afternoon on Wednesday, I believe it was maybe the 4th of Sep- 
tember. They said, "We have Coca-Cola for you." I said, "Well, is 
the strike over?" And the boy said, "Yes ; and Pat, who is Mr. Roddy, 
said, "All that want to come back to work, come on, and he just opened 
the doors. And he said, "We all went back to work." So t asked him 
where the regular driver was, and his name was Fred Lanham, and 
they said, "Well, now, Fred didn't get back to work today, and he will 
be back to work later." So I said, "Well, the empty bottles are in the 
rear, and you can back the truck up to the back door and refill them 
with Coca-Colas." After the boys had brought in quite a number of 
the cartons, they started filling the rack on the front and were working 
up there, the two men on the truck, and a big Cadillac drove in on the 
front, a big black Cadillac, and a man came in, and he said, "A-NHio is the 
manager of the store?" I told him that I was. He said, "I see you 
have bought Coca-Colas," and I said, "Yes," and he said, "Well, the 
strike is not over," and I said, "Well, these boys said it was," and he 
said, "Well, why didn't you make arrangements, or why didn't you 
call to find out whether the strike was over or not ?" 

I said, "Now wait a minute ; it is not my place to find out whether 
the strike is over or not. If the strike is still on, why did you let 
them by the picket lines ?" He said, "You're in for trouble." He said, 
"You will sure get it. Your own customers will cause you trouble." I 
said, "No; I didn't think my customers would cause me any trouble," 
but I said, "If you're looking for trouble, I guess you can get some of 
it, too." I said, "I think that I know your type. You're one of these 
kind of fellows that will come into town here, and pull these men off 
of their jobs, and put them out on a picket line, and they go hungry," 
but I said, "It don't make any difference to you. You drive a big fine 
Cadillac." I said, "You have a big fine office uptown, where you can 
throw your feet up on the desk and smoke 25-cent cigars and tell these 
hungry boys out on the picket line ; if you happen to win, bring me $4 
a month." Now, I said, "You should try to sell some of my help on 
your idea. The first one you approach would throw you out that door. 
I said, "For your information, I have been selling Coca-Colas on this 
corner for over 30 years, and I would like to see you stop me." I said, 
"The best thing you can do is get in your Cadillac and get back to 
where you come from." He went out the door, and he said, "You're 
asking for trouble, and you're sure going to get it." That was the 
incident that happened on that day. 

Mr. Kennedy. That was on September 5 ; was it ? 

Mr. Powers. That was on the 4th, on Wednesday. 

Mr. Kennedy. September 4 ? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. What was the next thing that you heard ? 

Mr. PoAVERs. The next that I learned was when an officer called me, 
called my home and my wife answered the phone, that our place of 
business had been dynamited. That was about 10 : 30 on the night 
after, which was Thursday, September 5. 

Mr. Kennedy. What was the damage that had happened ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7191 

Mr. Powers. They blew out all of the front plate glass windows, and 
blew the doors off of my entrance, and the marquee on the front, the 
metal awnings, 1 of them was completely destroyed, and the other 2 
were damaged. A big hole was left in the pavement directly in front 
of the building, within about 4 or 5 feet of the building. 

Mr. Kennedy. So within less than 48 hours, after you had this 
dispute with Mr. Reynolds of the teamsters union, after he told you 
that you were going to have trouble, and after you had said you were 
going to continue to sell Coca-Colas, within 48 hours of that time your 
store had been dynamited ? 

Mr. Powers. That is right, sir ; yes, sir. 

Mr. Kennedy. What action did you take? Did you and your 
family go down and try to repair the store ? 

Mr. Powers. Well, yes, my son and I and my brother and I made 
arrangements immediately to replace the glass with the Pittsburgh 
Plate Glass Co., and he put a night crew on, and we cleared away all 
of the debris and I had to rehang my doors, and where the ceiling in 
front of the marquee and all of the lighting was hanging down, you 
know. Tlie wires had to be cut, you know, and the lights taken away, 
and the ceiling, of course, was hanging down and the facade around 
the marquee which is aluminum facade was blown out, you know, from 
it. But after we had completed by 6 : 30 the next morning, we had 
everything installed. The glass and all of the debris was hauled away, 
and the hole was patched, and I had cement on hand and the hole was 
patched, and you couldn't tell from the street actually, you know, 
anything had happened other than the awning, of course, was gone. 

Mr. Kennedy. How much was the damage ? 

Mr. Powers. Something near $2,000. It would have been a whole 
lot more, but I did an awful lot of it myself. I had some building 
experience, and a lot of the work was done myself. 

Mr. Kennedy. With the help of your family ? 

Mr. Powers. That is right ; yes, sir. 

Mr. Kennedy. Now, this of course came to the attention of the 
police? 

Mr. Powers. That is right ; yes, sir. 

Mr. Kennedy. Were you interviewed ? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. Regarding the threats ? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. ^Vlien were you first interviewed, that night ? 

Mr. Powers. That night, yes. 

Mr. Kennedy. Were you interviewed again after that by the police ? 

Mr. Powers. Yes, sir. Now, 2 or 3 times I expect the detectives that 
were assigned to the case came back and I gave them names of witnesses 
that I had picked up or just learned, you know, through the store. 
Tliey, of course, questioned the witnesses. 

Mr. Kennedy. There were also some witnesses to the threats that 
had been made to you by Mr. Reynolds, were there not ? 

Mr. Powers. Oh, no, that isn't right, no. There are not. The two 
witnesses that I picked out were ones that possibly could make some 
identification of who might have done it. 

Mr. Kennedy. Also, there was at least one witness to the threats 
that had been made to you by Mr. Reynolds, was there not? 

89330— 58— pt. 18 10 



7192 IMPROPER ACTIVITIES EST THE I.ABOR FIELD 

Mr. Powers. Yes, there is the Coca-Cola men who heard that. 

Mr. Kennedy. We have an affidavit, Mr. Chairman, and I don't 
think it is necessary to read it all into the record but it does substantiate 
the statements that Mr. Powers has made, as to the conversations that 
he had with Mr. Reynolds. 

The Chairman. The Chair will read at this point the body of the 
affidavit, omittino- tlie formalities of it and the affidavit may be printed 
in full in the record at this point. 

(The affidavit referred to follows :) 

Affidavit 

I, Harry Murray, who reside at 2010 Laurel Avenue, Knoxville, Tenn., freely 
and voluntarily make the following statement to LaVern J. Duffy, who has 
identified himself to me as a member of the staff of the United States Senate 
Select Committee on Improper Activities in the Labor or Management Field. No 
threats, force or duress has been used to induce me to make this statement, 
nor have I received any promise of immunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee : 

I have been employed by the Roddy Manufacturing Co. in Knoxville, Tenn., 
for the past 17 years. I hold the position of route supervisor. 

On or about September .5, lO^O, I was assisting in the delivery of Coca-Cola to 
Powers Grocery Store, 34.34 McCalla Avenue, Knoxville, Tenn. I was inside the 
store with another route salesman, William Komines. While making deliveries 
inside the store, a man entered and started shouting at Mr. Powers. I heard 
him say, "What the hell is the idea of selling this Coca-Cola?" I\Ir. Powers 
informed him that he had been selling Coca-Cola for 31 years and this man was 
not going to stop him. The man said to him, "You're asking for trouble." And 
to this Mr. Powers replied, "You're coming to a good p^ace to get it. That is 
all you fellows are good for; smoking fat cigars, driving Cadillacs, and taking 
those poor boys' money." I was of the impression that Mr. Powers meant team- 
sters union members of local No. 621. I went to the rear of the store and 
heard no more of their conversation. I did notice that Mr. Powers was visibly 
upset when I left the store. 

At a later date I discovered the identity of the man who threatened Mr. 
Powers in the store that day. I have seen him on numerous occasions entering 
and leaving the Teamsters Union, Local No. 621 meeting hall in Knoxville, 
Tenn. He is Mr. William J. Reynolds, who at that time was president and 
business agent for local No. 621. 

I have read the foregoing statement, and to the best of my knowledge it is 
true and correct. 

/s/ Harry E. Murray. 

Witness : 

/s/ G. Hugh Gallaher, Jr. 
/s/ Anne F. Smith. 

Subscribed and sworn to before me this 2d day of December 1957. 

[seal] /s/ B.al.vji Cato, Notary Public. 

My commission expires January 20, 1958. 

Mr. Kennedy. Then in addition you were able to locate two in- 
dividuals who had some firsthand information as to the dynamiting? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. And you turned that information over to the police 
as well ? 

Mr. Powers. Yes, sir. 

Mr. Kennedy. Now, was this case ever solved, was anybody prose- 
cuted in connection with this ? 

Mr. Powers. No. 

Mr. Kennedy. Now, you told the police of the threats that had 
been made to you by Mr. Reynolds ? 

Mr. Powers. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7193 

Mr. Kennedy. Was Mr. Reynolds ever interviewed by the police in 
connection with this ? 

Mr. Powers. That I don't know. 

Mr. Kennedy. Did the police make any statements to you about 
that? 

Mr. Powers. No. 

Mr. Kennedy. Did you ask them if they had interviewed him ? 

Mr. Powers. I asked them the night of the dynamiting why they 
didn't get Reynolds, and I said, "I believe you have enough evidence 
to go get him," and one of the officers said, "Yes, we have enough 
evidence, let us go get him." I believe now the police officers' names 
were Swanner and Hudkson, and I believe that Mr. Swanner was the 
one that said, "Yes; we have enough evidence to get him, let us go get 
him." And the other one said, "No ; we will have to place him at the 
scene of the crime." 

JNIr. Kennedy. Did you understand there were two witnesses that 
could add something or could give some information regarding the 
persons responsible for the dynamiting? 

Mr. Powers. That is right. We have those witnesses. 

Mr. Kennedy. But nevertheless, nobody was ever arrested in con- 
nection with this ? 

Mr. Powers. No, sir. 

Mr. Kennedy. And you don't know if Mr. Reynolds was ever even 
interviewed, is that right ? 

Mr. Powers. No, sir. 

The Chairman. Were you ever called before a grand jury investiga- 
tion of it ? 

Mr. Powers. No, sir. Now, I went down and talked to Mr. Clem- 
ents, the attorney general, and he said that they had two good officers 
assigned, the two city detectives, and that they would do a good job 
of it, and I left the courthouse, you know. That was the last time I 
saw Mr. Clements until I saw him in the courtroom yesterday. 

The Chairman. Is this what you call a good job of it ? 

Mr. Powers. No, sir ; I certainly do not, sir. 

Mr, Kennedy. Mr. Chairman, at this time I would like to ask a 
question of Mr. Duffy, in connection with his interview with Mr. 
Swanner, the detective handling this matter. 

TESTIMONY OF La VEEN J. DUFFY— Eesumed 

The Chairman. You have been previously sworn and proceed. 

Mr. Kennedy. Did you talk to Mr. Swanner of the police depart- 
ment ? 

Mr. Duffy. Mr. McShane and myself talked to Lieutenant Swanner 
and he advised us that he did not interrogate Mr. Reynolds in refer- 
ence to this . 

Mr. Kennedy. Mr. Reynolds was never even interviewed in connec- 
tion with this ? 

Mr. Duffy. That is correct. 

Mr. Kennedy. Then, not only was tliere no grand jury, but that 
Mr. Reynolds was not even interviewed in connection with the threats 
that lie made of Mr. Powers ? 

Mr. Duffy. That is correct. 



7194 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Did he tell you on whose instructions he was not 
interviewed ? 

Mr. Duffy. He did not. 

Mr. Kennedy. He did not give you any any explanation ? 

Mr. Duffy. No explanation was given to us. 

Mr. Kennedy. What did he say when you asked for an explanation ? 

Mr. Duffy. I don't recall, Mr. Kennedy, what he did say. I was 
rather surprised, and I don't think that I carried on the conversation 
further, 

Mr. Kennedy. Thank you. 

TESTIMONY OF B. B. POWERS— Resumed 

The Chairman. Mr. Powers, how long have you been a citizen of 
Knoxville ? 

Mr. Powers. I was born and raised in Knoxville. 

The Chairman. How long have you been in this food-market 
operation ? 

Mr. Powers. Thirty-two years, coming February. 

The Chairman. Have you ever had any trouble "before ? 

Mr. Powers. No, sir. 

The Chairman. As I understand, you have been selling Coca-Cola 
there all through the years ? 

Mr. Power. Yes, sir. 

The Chairman. You had no interest in the strike at the Coca-Cola 
plant ? 

Mr. Powers. No, sir. If you may please sir, I have nothing against 
any of the boys, you know, that worked for the Roddy Manufacturing 
Co. I knew an awful lot of them, and if the boys had gone hungry, I 
would have fed them, you know\ I have no personal feelings toward 
any of tlie boys in the strike. 

The Chairman. You had no control over the strike, and you had 
no interest in it on either side ? 

Mr. Powers. No interest whatsoever. 

The Chairman. And all you did was to receive wdien they came 
there, with the truck to deliver Coca-Cola, they told you the strike 
had been settled and all you did was to receive the Coca-Cola as had 
been your custom all of these years ? 

Mv. Powers. Yes, sir. 

The Chairman. To receive delivery of them ? 

Mr. Powers. Yes, sir. 

The Chairman. And it was while it was being delivered that this 
Cadillac drove up and this man came in, Reynolds came in and 
threatened you ? 

Mr. Powers. Yes, sir. I don't know if I did not tell you, I don't 
think I did in my statement, but he told me that his name w^as Reyn- 
olds, and he was an agent for the teamsters union. 

The Chairman. He told you that? 

Mr. Powders. He told me that; yes, sir. 

The Chairman. At the time ? 

Mr. Powers. Yes, sir. 

The Chairman. Now, how long prior to that since you had 
received any delivery of Coca-Cola ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7195 

Mr. Powers. I believe something like maybe 2 weeks, or maybe 10 
days to 2 weeks. 

The Chairman. You had not received any in 10 days or 2 weeks. 
During that period of time you had not sold any ? 

Mr. Powers. That is, I had none to sell ; that is right. 

The Chairman. You did not tiy to break the strike? 

Mr. Powers. No, sir. 

The Chairman. You did nothing to interfere with the strike ? 

Mr. Powers. No, sir. 

The Chairman. You simply received a delivery ? 

Mr. Powers. That is right. 

The Chairman. That was made by the Coca-Cola Co. ? 

Mr. Powers. That is right, sir. 

The Chairman. And for having done that, you paid this penalty 
of loss and damage that you sustained by reason of this violence? 

Mr. Powers. Yes, sir. 

The Chairman. And notwithstanding he made that threat within 
48 hours of the time your place was dynamited, and notwithstanding 
you reported it to the' officers and notwithstanding that you gave them 
the names of other witnesses, so far as you know Reynolds up to that 
day has never been interrogated about it. 

Mr. Powers. That is right. 

The Chairman. And he has never been called before a grand jury, 
and neither have you or anyone else ? 

Mr. Powers. That is right, sir. 

The Chairman. And that is the kind of law enforcement that you 
have down there in that community ? 

Mr. Powers. Yes, sir. 

The Chairman. Where labor unions are involved ? 

Mr. Powers. Yes, sir. 

The Chairman. All right. Thank you. 

You may stand aside. Thank you very much. 

Call the next witness. 

Mr. Kennedy. John C. Chapman. 

The Chairman. Mr. Chapman, come around, please. 

Do you solemnly swear that the evidence you shall give before this 
Senate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Chapman. I do. 

TESTIMONY OF JOHN C. CHAPMAN 

The Chairman. Please state your name, your place of residence, 
and your business or occupation, please. 

Mr. Chapman. John C. Chapman, sheet-metal worker, 6221/^ South 
47th Street, Baltimore, Md. 

The Chairman. Do you waive counsel, Mr. Chapman ? 

Mr. Chapman. Sir ? 

The Chairman. Do you want a lawyer here to represent you as 
you testify ? 

Mr. Chapman. No, sir. 

The Chairman. Thank you very much. 

Proceed, Mr. Kennedy. 



7196 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Mr. Chapman, you used to work in Knoxville, Tenn. ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You lived there ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You were a sheet -metal worker there for the J. W. 
Savage Machine Tool Co. ^ 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. On September 5, 1956, you were in the vicinity of 
the Powers Grocery Store ; were you ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Can you tell us about that; approximately what 
time it was and what you observed ? 

Mr. Chapman. Sir, on the night before the dynamiting I went and 
got some groceries. I started back home. 

The Chairman. A little bit louder please, sir. 

Mr. Chapman. A black Cadillac or dark blue Cadillac was sitting 
on the opposite side of the street on which I was. There were three 
men in the car. The night I stood there 

Mr. Kennedy. That was about 7 : 30 at night ; was it ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Approximately 7 : 30 ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. This wai 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. This was the night prior to the dynamiting; is that 
right ? 

]Mr. Chapman. No ; the night before the dynamiting. 

]Mr. Kennedy. Just before the dynamiting ? 

Mr. Chapman. Yes, sir. 

The Chairman. Let us get it straight. 

Mr. Kennedy. I am talking now about the first incident. The 
first time you walked up the street, that was on September 5, 1956. 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. That was the night before the dynamiting ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You observed an automobile ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. They were across the street from the Powers Grocery 
Store? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. There were three men sitting in the automobile; is 
that right? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Were you able first to identify the automobile at all ? 
What kind of automobile was it ? 

Mr. Chapman. It was black or dark blue Cadillac, sir. 

Mr. Kennedy. What year, approximately ? 

Mr. Chapman. 1955 or 1956. 

Mr. Kennedy. Were you able to identify at all any of the occupants 
of the automobile ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7197 

Mr. Chapman. Yes, sir. It ^Yas white sidewalls. On the hubcaps, 
you know, they had a kind of — well, they were diti'erent--^hey had a 
kind of ridge on the liubcap, four corners. 

Mr. Kennedy. That was the description of the car you saw" ? 

Mr. Chapman. Yes, sir. 

jNIr, Kennedy. You were not able to see the people in the car at that 
time ? 

Mr. Chapman. No, sir. 

]\Ir. Kennedy. Now on the following evening you came again to the 
Powers Grocery Store ; is that right ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You were walking up the street. Did you see any- 
thing at that time ? This was the night of the dynamiting, September 
6, 1956, the following night. Will you tell the conmiittee what you 
saw? 

Mr. Chapman. When I went to the store the first time I did not see 
anything. I went home and I had to go back to the store. Then 
Mr. Powers was closed at the time. So I went up to the other little 
self-service store. 

]Mr. Kennedy. You went up to the store about 7 : 30 and you did 
not see anything at that time. You went back to the store to buy some 
cigarettes around 8 : 30 that night? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Did you observe anything at that time ? 

Mr. Chapman. Yes, sir ; as I started back home. 

Mr. Kennedy. All right. 

Mr. Chap3ian. That w^as about 8 : 30. As I started back home the 
same Cadillac was parked on the same side of the street I was walking 
on. There were three men in it, but the driver I didn't see. I couldn't 
recognize him, but the other two men I could. 

The Chairman. You did recognize two men in the car ? 

]\lr. Chapman. Yes, sir. 

The Chairman. The driver you did not recognize ? 

Mr. Chapman. Yes, sir ; I did not. 

The Chairman. But 2 of the 3 you did recognize ? 

Mr. Chapman. Yes, sir. 

^Ir. Kennedy. Now, out of a large group of pictures we presented 
to you you were able to pick out two men ; is that right ? 

Mr. Chapman. Yes, sir. 

iVIr. Kennedy. The local police tlepartment had interviewed you 
at first, did they not ? 

Mr, Chapman. Yes, sir. 

Mr. Kennedy. And you were able to pick out the individuals at 
that time ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. And you did the same thing for us ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Is this the first individual ? 

The Chairman. I hand you three photographs and ask you to 
examine them and see if you can identify the subject of the photo- 
graphs, the first one involved. 



7198 EVIPROPER ACTIVITIES EST THE. LABOR FIELD 

Mr. Kennedy. They are all the same individuals, just to give you a 
good view of them. Is that the man you saw on the front seat of 
the car ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. It is ^ 

Mr. CiiArMAN. Yes, sir. 

The Chairman. You mean he was the driver ? 

Mr. Chapman. No, sir, the driver would be sitting out toward the 
street. He was sitting into the sidewalk, you know. 

The Chairman. In other words, he was on the opposite side of the 
front seat from the driver ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. How were you able to get such a good view of this 
man ? 

Mr. Chapman. Sir, I was about 3 or 4 feet from him and he looked 
right straight at me. 

Mr. Kennedy. As you were walking up the street? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. He was seated nearest the sidewalk and as you were 
walking by he looked right straight up in your face ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You were only a few feet from him and you were 
able to get a good look at him ; is that right ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Has that man been identified to you by name ? 

Mr. Chapman. No, sir ; I don't think you have told me his name. 

Mr. Ivennedy. Mr. Chairman, that picture is a picture of Mr. W. A. 
Smith, who is the business agent from the local 327 in Nashville. 

The Chairman. Let me ask you: Did you know the man who 
looked at you? Did you recognize him as someone you knew at the 
time he looked at you when you passed the car ? 

Mr. Chapman. No, sir ; I didn't. 

The Chairman. In other words, he was a stranger to you ? 

Mr. Chapman. Yes, sir. 

The Chairman. But you think you recognize that picture as the 
picture of the man who looked at you that night ? 

Mr. Chapman. Yes, sir. 

The Chairman. Had you seen pictures of this man before? 

Mr. Chapman. Yes, sir. 

The Chairman. Did the police show you pictures of him? 

Mr. Chapman. Yes, sir, they showed me the pictures before. 

The Chairman. When did you first identify the pictures ? When 
were you first shown pictures of him and identify him ? How long 
was it ? How soon after the dynamiting ? 

Mr. Chapman. I believe it w\as 2 or 3 days after the dynamiting. 

The Chairman. 2 or 3 days after the dynamiting ? 

Mr. Chap3ian. Yes, sir. 

The Chairman. You were shown pictures of this man ? 

Mr. Chapman. Yes, sir. 

The Chairman. And you identified the man to the police; is that 
correct ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7199 

Mr. Chapman. Yes, sir. 

The Chairman. So it was fresh on your mind ? 

Mr. Chapman. Yes, sir. 

The Chairman. You had seen the man. You looked at him as 
you passed. The dynamiting occurred tlie same night ? 

Mr. Chapman. Yes, sir. 

The Chairman. A day or two afterward you were interrogated by 
the police ? 

Mr. Chapman. Yes, sir. 

The Chairman. You were presented with pictures of this man and 
you identified the picture as being a picture of the man who looked 
at you out of the car that night ? 

Mr. Chapman. Yes, sir. 

The Chairman. This is not the first time you have identified the 
man, but it was immediately afterward you identified a picture of 
him ? 

Mr. Chapman. Yes, sir. 

The Chairman. All right. Those pictures may be made exhibit 
No. 12 for reference. 

(Photographs referred to were marked "Exhibit No. 12" for ref- 
erence and may be found in the files of the select committee.) 

Mr. Kennedy. Mr. Chairman, I would like to call to your attention 
the testimony of Mrs. Freels yesterday when she stated that when 
there was difficulty in Knoxville that a telephone call was often made 
to either Chattanooga or to Nashville to get the man from the Chat- 
tanooga local or W. A. Smith from the local in Nashville ; that after 
this telephone call was made and Smith came to Knoxville, that often 
some violence occurred in the Knoxville area. 

It would appear that here is W. A. Smith identified at the scene 
of this dynamiting just a short time prior to the dynamiting in the 
city of Knoxville when he w^as a business ageiit for the local teamsters 
in Nashville, Tenn. 

The Chairman. Did the police tell you who this man was when 
you identified the picture ? 

Mr. Chapman. No, sir. 

The Chairman. They did not give you his name ? 

Mr. Chapman. No, sir. 

The Chairman. They didn't tell you who he was ? 

Mr. Chapman. No, sir. 

The Chairman. But you told them that was the man in the car. 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You selected the identification of this man out of 
several pictures, did you not ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. It was not just presented to you and you were asked 
if this was the man ? 

Mr. Chapman. No, sir ; they had about 25 or 30 pictures. 

Mr. KJENNEDY. And you picked this man out; is that right? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You have already identified the other occupant of 
the car in a similar manner? 



7200 IMPROPER ACTIVITIES ENT THE LABOR FIELD 

Mr. Chapman. Yes, sir. 

The Chairman. Were you able to identify another occupant of the 
car? 

Mr. Chapman. Yes, sir. 

The Chairman. Did you identify the other occupant of the car to 
the police also at the same time you identified Smith ? 

Mr. Chapman. Yes, sir. 

The Chairman. You did not identify him as Smith but you identi- 
fied him as one of the men in the car. 

Mr. Chapman. Yes, sir. 

The Chairman. Did you identify at the same time, out of the pic- 
tures they presented to you, the other man you saw in the car? 

Mr. Chapman. Yes, sir. 

The Chairman. I j^resent to you a picture here and ask you to 
examine it and state if you recognize or identify the party in the 
picture. 

Mr. Chapman. Yes, sir. 

The Chairman. Where was he that night ? 

Mr. Chapman. He was sitting in the back seat, sir. 

The Chairman. How did you happen to recognize him ? 

Mr. Chapman. Sir, the light was shining on him. I turned around 
and looked for the license. When I looked at the license he was 
watching me. 

The Chairman. Why were you looking at the license ? 

Mr. Chapman. Just a habit, sir. 

The Chairman. It was a pretty big car to be sitting there that way, 
was it not ? 

Mr. Chapman. Yes, sir. 

The Chairman. That attracted your attention, I guess, a big Cadil- 
lac sitting there ; is that true ? 

Mr. Chapman. Yes, sir. 

The Chairman. You identified this man to the police, also ? 

Mr. Chapman. Yes, sir. 

The Chairman. The man in this picture ? 

Mr. Chapman. Yes, sir. 

The Chairman. Did you know his name ? 

Mr. Chapman. No, sir. 

The Chairman. Do you know his name now other than what you 
have been told ? 

Mr. Chapman, No, sir ; I don't. 

The Chairman. All right. That picture may be made exhibit No. 
13 for reference. 

(Photograph referred to was marked "Exhibit No. 13" for refer- 
ence and may be found in the files of the select committee.) 

Mr. Kennedy. Mr. Chairman, we can identify him as Kobert 
Belcher, a member of local 327 in Nashville. This gentleman has 
been arrested 42 times and convicted and paid a fine on 13 different 
occasions. He lias never served any time. 

The Chairman. All right. His criminal record may be placed in 
the record at this point. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 



7201 



(The document referred to follows :) 
The following is the police record of Robert Karon Belcher ; 



Charge 



Disposition 



Sept. 14, 1937 
Nov. 13, 1937 
Dec. 4, 1937 

Do 

May 25, 1938 
July 15,1938 
Aug. 9, 1938 
Aug. 30, 1938 
June 25,1939 

Do 

July 19,1939 

Do 

Get. 15,1939 
Xov. 4,1939 

Do 

Nov. 21, 1939 
June 20,1940 

Do 

July 18,1940 
Feb. 26,1941 

Do 

Apr. 29,1941 
June 8, 1941 
Sept. 24, 1941 
Oct. 1, 1941 
May 15,1946 
Aug. 19,1948 
June 19,1949 
Dec. 6, 1950 
June 13,1952 
Aug. 30,1952 
Jan. 10,1953 
Feb. 12,1954 
May 4, 1955 
Jan. 15, 1956 

Do 

Jan. 28,1957 

Do 

May 16,1957 

Do 

Aug. 17,1957 
Nov. 1,1957 



Vagrancy and loitering _ 

Larceny of auto 

Driving drunk 

Violating city ordinance 

Receiving and concealing stolen property 

Larceny of auto 

Housebreaking and larceny 

Petty larceny 

Fast and reckless driving 

Violating drivers' license law^ 

Assault and battery 

Robbery from the person 

Drunk in public place 

Disorderly conduct 

Vagrancy and loitering 

Disorderly conduct 

Vagrancy and loitering 

Assault with a rock with intent 

Disorderly and offensive; Dis 

Drunk and disorderly; Dis 

Deserter from Army 

Vagrancy and loitering 

Drunk and disorderly 

Vagrancy and loitering 

_^__do 

Held for United States authorities, Narcotics Division 

Drimk and disorderly 

Loitering disorderly house 

Disorderly 

Receiving and concealing 

Disorderly and offensive 

Disorderly conduct 

Drunk 

Drunk and disorderly 

Vagrancy.. 

Loitering 

Drunk on street. 

Vagrancy and loitering 

Assaulr and battery 

Assault with auto/intent C. C. DWI 

Vagrancy 

....do 



Prosecutor failed to show. 



$15. 
Dismissed. 

Do. 
County court. 
Dismissed. 

Do. 

Do. 

Do. 

Do. 



Do. 
Do. 

$10. 
$5. 

Do. 
Dismissed. 
$25; suspended. 
$5. 

Do. 
$10. 

cc. 



$5. 
$25. 
$50. 

Do. 
$25. 
Pending. 



The Chairman. You identified him as the man you saw in the car? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. You w^ere not able to identify the driver ? 



Mr. Chapman 
Mr. Kennedy. 
Mr. Chapman 
Mr. Kennedy. 
Mr. Chapman, 
Mr. Kennedy 
plosion ? 

Mr. Chapman, 



No, sir. 

Now you returned home ? 

Yes, sir. 

Did you hear the explosion that evening ? 

Yes, sir; I did. 

That was about 10 o'clock that you heard the ex- 



Yes, sir. 

The Chairman. In other words, about an hour or hour and a half 
after you passed this car the explosion occurred ? 

Mr. Chapman. Yes, sir. 

Mr. Kennedy. Were you ever called before any grand jury? 

Mr. Chapman. No, sir. 

Mr. Kennedy. And you were interviewed by the police, you se- 
lected these pictures, but you were never called before any grand jury ? 

Mr. Chapman. Just the man they assigned to the case interviewed 
me. 



7202 IMPROPER ACTIVITIES EST THE LABOR FIELD 

The Chairman. In other words, a couple of detectives or policemen 
that they had assigned to the case interviewed you, 

Mr, Chapman, Just the detective. 

The Chairman, He is the one that presented the pictures to you and 
you identified these two out of the group of pictures ? 

Mr, Chapman. Yes, sir. 

Mr, Kennedy, Nobody from the district attorney's office ? 

Mr. Chapman, No, sir, 

Mr, Kennedy, No assistant district attorney ? 

Mr, Chapman, No, sir. 

The Chairman, You were only interviewed one time ? 

Mr, Chapman, Interviewed 3 or 4 times, sir. 

The Chairman. Did you give them the same information each time ? 

Mr. Chapman. Yes, sir. 

The Chairman. Thank you very much, Mr. Chapman, You may 
stand aside. 

Call the next witness. 

Mr. Kennedy. Mr. Luther C. Hargis. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr, Hargis, I do, sir. 

TESTIMONY OF LUTHER C. HARGIS 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Hargis. My name is Luther C. Hargis. I am 32 years old. I 
live at Corryton, Tenn., route 2. 

The Chairman. Corryton ? 

Mr. Hargis, Corryton, route 2, I am employed by Carbon Nuclear 
Corp., Oak Ridge, Tenn. 

The Chairman. Thank you very much. 

You waive your right to an attorney to represent you while you 
testify ? 

Mr, Hargis, I do, sir. 

The Chairman, Thank you very much. 

You may proceed, 

Mr, Kennedy. Mr. Hargis, you were in the vicinity of Powers 
Grocery Store on the night of September 6, 1956, the night of the 
explosion or dynamiting ? 

Mr. Hargis. On the night of the explosion, approximately, I would 
say 10 o'clock, I was going to get a pack of cigarettes in a neighboring 
store which is across the street from Mr. Powers. I was walking 
down the street toward the store approximately in the middle of the 
block. I noticed at that time a car was parked in Mr. Powers' park- 
ing lot, headed toward the store. At that time, I noticed a man get 
out of the car, walk toward the store and stop some little distance 
from the store — I would say 10 or 12 feet. Apparently, he sensed 
that I was behind him or he heard something; I don't know. He 
turned and when he did turn, by what visibility I did have I noticed 
him put his hand up. When he did I noticed a light reflection at 
the side of his head. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7203 

I continued on, and lie come back and got in the car and the car 
left. So I went on down, got my cigarettes and came back to my 
home, which is on the corner. At that time, I lived at 3343 McCalla 
Avenue. 

I went in the house. My wife and boy had already gone to bed. 
So I left the television on. Then I turned it off and I went in and 
I went to bed. We had a large collie dog and he barked right smart 
at anything that might occur or be around. I noticed he was barking. 
I was sleeping next to the street. There was a street light on the 
corner. 

I raised up, and the window was up, it wasn't too cold at that time 
of the year, and I looked out of the window. I saw this car, that I 
thought was the same car, come down the street by my window or 
on down toward Mr. Powers' supermarket. 

The Chairman. How far was it from the window to the street 
where the car passed ? 

Mr. Hargis. Somewhere in the neighborhood of 50 feet. A very 
short time after that then I heard the ex^^losion and I felt it, too. 
In fact, I thought it was under my house. 

So I got up as quickly as possible to see w^hat had occurred and I 
went down. 

Mr. Kennedy. Were you able to identify this man that you saw that 
night just prior to the explosion ? 

Mr. Hargis. The detectives. Detective Swanner and Detective Hudk- 
son, I believe were the names; I believe it was in the next w^eek, 
brought some pictures by and asked me if any of those pictures 
they had resembled the man I saw. I looked at them and I picked out 
the picture. 

The Chairman. You picked out for them a picture ? 

Mr. Hargis. I picked out a picture that I thought resembled the 
man that I saw that night. 

The Chairman. We present to you there exhibit No. 12 which has 
three pictures of an individual. Will you examine that exhibit and 
state whether you recognize the man in the picture or whatever you 
can state about it. 

Mr. Hargis. I would say that these pictures are of the same man 
I saw before. 

The Chairman. Is that the picture of the same man you identified 
to the detectives ? 

Mr. Hargis. That is the picture of the same man that I identified 
to the detectives. 

The Chairman. Some few days after ? 

Mr. Hargis. Yes, sir; that is the one I told them I thought it to be. 

Mr. Kennedy. Mr. Chairman, I might also point out that once 
again this Mr. W. A. Smith from Nashville, Tenn., wears a hearing 
aid and it might very well have been the hearing aid that this witness 
saw reflected in the light at that time. 

The Chairman. You saw something by the side of his face that was 
reflected in the light ? 

Mr. Hargis. Yes ; I did. 

Mr. Kennedy. You were interviewed by Mr. Duft'y of the staff of 
this committee ? 

Mr. Hargis. Yes ; I was. 



7204 IMPROPER ACTIVITIES EST THE LABOR FIELD 

]\Ir. Kennedy. And Mr. Duffy asked if you could j)ick out this in- 
dividual personally; is that right? 

Mr. Hargis. Yes ; that is true. 

Mr. Kennedy. You stood outside the courthouse in Nashville, 
Tenn.? 

Mr. Hargis. I stood inside the courthouse in Nashville, Tenn. 

Mr. Kennedy. You stood inside the courthouse ? 

Mr. Hargis. Yes. I was there approximately 45 minutes or an 
hour and he asked me when the man comes by would I let him know. 
When he did come by I recognized the man and I stepped around 
the corner to keep him from knowing me being there. Mr. McShane 
came down and I went back up with him. 

Mr. Kennedy. But you picked this man out at that time as he was 
walking into the courthouse ? 

Mr. Hargis. Yes, I did. 

The Chairman. You picked him out. You did not know who was 
going to come along ? 

Mr. Hargis. No. I picked him out from the resemblance of the 
night I saw him at the supermarket. 

The Chairman. In other words, you had not seen him since? 

Mr. Hargis. No, I hadn't. 

The Chairman. When did you identify him or recognize him in 
the courthouse ? How long figo was that ? 

Mr. Hargis. I believe it was in June. 

The Chairman. That would be about a year afterward? You 
had not seen him from October 1956 ? 

Mv. Hargis. September. 

The Chairman. September 6, when the dynamiting occurred. You 
saw liim on the night the dynamiting occurred ? 

INIr. Hargis. Yes, sir. 

The Chairman. That was September the 6 and you had not seen 
him any more until you saw him in the courthouse at Nashville in 
June this year? 

I\Ir. Hargis. Yes, sir. 

The (^iiAiRMAN. You were able to recognize him from people com- 
ing and going into and from the courthouse ? 

Mr. Hargis. Yes; I picked him out. And I saw his picture of 
course. 

The Chairman. You had seen his picture ? 

Mr. Hargis. Yes. 

The Chairman. But other than the picture that you had picked 
out of a group that the detective had presented to you, you had not 
seen the man ? 

Mr. Hargis. No. 

The Chairman. But you picked out his picture from a group as the 
man you saw and recognized there at the store that night of the 
dynamiting? 

]Mr. Hargis. Yes. 

Tlie Chairman. Then, after having selected his picture some weeks 
after the dynamiting, you then had not seen him or seen a picture of 
him or anything until you recognized him again as he went into the 
courthouse at Nashville. 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7205 

Mr. Hargis. That is riolit. I picked him out from the visibility 
at night. Of course, I had to take all that into consideration. 

The Chairman. Did you learn what his name was ? 

Mr. Hargis. I was told that it was W. A. Smith. 

The Chairman. I guess we can take this picture and get Mr. Smith 
here and look at the picture and look at him and pretty w^ell draw our 
own conclusions as to whether it is W. A. Smith. 

Is there anything else ? 

Mr. Kennedy. That is all. 

The Chairman. Thank you very much, Mr. Hargis. Stand aside. 

Call your next witness. 

Mr. Kennedy. Mr. James B. Bridges. 

The Chairman. Mr. Bridges, will you come around, please, sir? 
You do solemnly swear that the evidence you shall give before this 
Senate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Bridges. Yes, sir. 

TESTIMONY OF JAMES B. BRIDGES 

The Chairman. What is your name, your place of residence, and 
your business or occupation ? 

Mr. Bridges. James B. Bridges. Home address 712 Benson Ave- 
nue, Nashville, Tenn. I am with the Nashville Police Department, 
city detective and automobile-theft division. 

The Chairman. You waive counsel, I assume, Mr. Bridges ? 

Mr. Bridges. Yes, sir. 

The Chairman. All right, Mr. Kennedy. 

Mr. Kennedy. I might say, before we start, that this w^itness' testi- 
mony does not have any direct relationship to the testimony of the 
three preceding witnesses, but is a matter that will be of some interest 
to the committee. 

The Chairman. All right. 

Mr. Kennedy. You have been in the police department for how 
long ? 

Mr. Bridges. A little bit over 19 years. 

Mr. Kennedy. In 1955, you were with the automobile-theft division 
of the police department ? 

Mr. Bridges. Yes, sir. 

Mr. Kennedy. In November of 1955, specifically on November 21, 
1955, was there a complaint made to you regarding a car that appeared 
to have been stolen ? 

Mr. Bridges. Yes. 

]\Ir. Kennedy. Will you tell the committee about that ? 

Mr. Bridges. On November 21, in the afternoon, 1955, we received 
a complaint in our office of an automobile in the alley between Fourth 
and Fifth— that is right off Fifth Avenue on the outside of the Shriner 
Auditorium — of an automobile that Avas suspicious, had been there 2 
or 3 days, and they would like to have it investigated. 

That complaint came from a Mr. Dingley, of a paint company on the 
South Side. I was working at that time by myself. Of course, there 
were a couple of us assigned together, but that "happened to be the day 
my partner was off, this particular time. 



7206 IMPROPER ACTIVITIES IN THE LABOR FIELD 

On arriving about 3 p. m., I found this automobile. Of course, it 
is our duty in an investigation to check the automobile thoroughly. 
On checking this automobile, I found it to be a 1951 Mercury, a grayish 
green, having one license plate, 1-36769. I immediately, of course, 
made a thorough investigation. 

The next thing is to check the motor number of the automobile. 
I found the motor number to be 51D826568M. Of course, on a thor- 
ough investigation further, I found a book, a teamsters local-union 
book laying on the floorboard of this automobile. 

In checking the trunk of the automobile, I found a box of Hercules 
exploding caps, dynamite caps, about 10 or 12. I guess in all there 
were 2 dozen of them, with about 30 feet of wire. Also, there was 
about a 10-pound sack of dog food and a couple of sacks of unshucked 
corn. Of course, on finding this — of course, the dog food was 
opened — I didn't know at the time whether it would be chip dynamite 
or not. Not being an expert on explosives, I immediately notified my 
superior, Chief Ritter, chief of detectives. He asked me to bring this 
automobile to headquarters, which I did on this afternoon. He had 
it impounded. We removed the dynamite caps and dog food and the 
book. 

Mr. Kennedy. Did you also find copper wire ? 

Mr. Bridges. No ; I didn't get any copper wire, except this attach- 
ment. There was about 30 feet of wire attached to the caps. 

Mr. Kennedy. There was wire found ; 30 feet of wire ? 

Mr. Bridges. Yes, sir. Immediately, then, after notifying the chief 
of detectives, he ordered this car impounded and held for further 
investigation. Then my job immediately was to take this automobile 
and run it through our motor- vehicle division of the State. On check- 
ing it through the State, I found this automobile — it took some time, 
of course — being listed to Mr. McChaffin, of Route 2, Cookville, Tenn., 
with a lien on this w^ith the First Citizens Bank of Cookville, but it 
had been retired. 

Further investigation, of course, showed that this had been sold, and 
somehow it had gotten back to a used-car lot, which I found out later. 
In checking this automobile license plate that was on the automobile, 
1-36769, 1 found that to be listed to a 1951 Chevrolet, to a William A. 
Smith, in Donelson, Tenn. Motor No. JAM-393932 clarified it on both 
ends of the motor number and of the license number. 

Mr. Kennedy. So, there was a great deal of confusion as to the 
license plate and as to the automobile itself, as to whose name it was 
registered in ; is that right ? 

Mr. Bridges. That is right. 

Mr. Kennedy. There were very suspicious circumstances surround- 
ing the ownership of the automobile. 

Mr. Bridges. That is right. Of course after that. Chief Ritter and 
I carried this evidence to the attorney general. General Loser at that 
time, now Congressman Loser, where he proceeded with the investi- 
gation. 

I swore out a warrant on this W. A. Smith for violating the regis- 
tration law. After that warrant was sworn out, I was out of town 
at the time this came up, and we were looking for William A. Smith. 
His attorney, Mr. Osborne, came to the police station, the detective 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7207 

division, with an order from General Loser, for the release of the 
automobile, as he had shown ownership. 

Investigating it, I had found he had traded this 1951 Chevrolet 
to a Jimmie Dye, who deals in used cars on Lafayette Street, for this 
Mercury. Of course, it was turned over and, also, the warrant was 
served on W. A. Smith at that particular time and he was carried to 
the county jail. That is the end, so far as I know, of the investigation. 

Mr. Kennedy. There were very suspicious circumstances surround- 
ing the license plate of the automobile ; is that right ? 

Mr. Bridges. Yes. 

Mr. Kennedy. There were suspicious circumstances surrounding the 
location of the automobile ; the automobile when searched was found 
to have dynamite caps and wire, over two dozen dynamite caps ; is that 
right ? 

Mr. Bridges. Yes, sir. 

Mr. Kennedy. Now tell me, after those facts, what wa.s Mr. W. A. 
Smith's general reputation in your city ? 

Mr. Brtoges. Not so hot. 

Mr. Kennedy. Was it generally understood that the dynamiting, 
that the violence that had taken place in your city was, at least partially, 
the responsibility of Mr. Smith ? 

Mr. Bridges. That was the general knowledge ; yes, sir. 

Mr. Kennedy. Under all these circumstances, what happened to Mr. 
Smith in connection with this ? 

Mr. Bridges. After the warrant was sworn out my understanding 
from checking the disposition of the case, it was carried to the court in 
general sessions court, Judge Brown Taylor presiding. 

Mr. Kennedy. What happened ? 

Mr. Bridges. This case was dismissed. They had two cases the same. 
I understand the man was arrested, this Smith, for violating the regis- 
tration law, but this case was dismissed. I never was called to court 
on it. I never was subpenaed. 

Mr. Kennedy. That was the end of it ? 

Mr. Bridges. That was the end of it. 

Mr. Kennedy. You were never asked to further investigate Mr. 
Smith to try to find out if there was any connection between these 
dynamite caps, the evidence that you found, and the dynamiting 
that had taken place in your city ? 

Mr. Bridges. Nothing except turning it over to the attorney general 
where his investigation picks up from there. 

Mr. Kennedy. Beyond that you never heard anything from that ? 

Mr. Bridges. No, sir. 

Mr. Kennedy. It was turned over to the attorney general and you 
never heard anything further about it? 

Mr. Bridges. That's right. 

Mr. Kennedy. And the case was dismissed ? 

Mr. Bridges. The case was dismissed on this violation. 

The Chairman. Is it a violation of the law to possess dynamite ? 

Mr. Bridges. At that time it was not a felony to possess dynamite 
caps or dynamite even. Since that time we have had an amendment 
in the legislature that it is a felony now to possess any part of that. 

Tlie Chairman. Was it a misdemeanor at that time? 

89330— 58— pt. IS 11 



7208 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Bridges. Nothing but a misdemeanor. You would have to 
prove the purpose of it to be a misdemeanor. 

The Chairman. Was there a violation of the law? You said the 
case was dismissed. I mean on the evidence you had was there a viola- 
tion of the law at that time ? 

Mr. Bridges. No, sir. 

The Chairman. Then there was no case. 

Mr. Bridges. No case on the registration law of having this owned, 
but the man was not in the car I imagine is the reason of the judge's 
dismissal. 

The Chairman. You have passed a law since that time ? 

Mr. Bridges. Yes, sir ; we have. 

The Chairman. I saw here in the record yesterday where he was 
fined $2.50. 

Mr. Bridges. I believe this is another officer that had that case. 

The CHAiRMAN.That is another case ? 

Mr. Bridges. That is right. 

The Chairman. That is not this case ? 

Mr. Bridges. That is right. 

The Chairman. I present to you here a photograph to see if you 
identify it, please. 

(A document was handed to the witness.) 

Mr. Bridges. Yes, sir ; I recognize it. 

The Chairman. Do you recognize it ? 

Mr. Bridges. Yes, sir. 

The Chairman. State what it is. 

Mr. Bridges. These are dynamite caps and dog food, and the license 
plate. 

The Chairman. That may be made exhibit No. 14. 

(Photograph referred to was marked "Exhibit No. 14" for 
reference and may be found in the files of the select committee.) 

The Chairman. This is of the car you referred to ? 

Mr. Bridges. Yes, sir. 

The Chairman. The one you have been testifying about ? 

Mr. Bridges. Yes, sir. 

Mr. Kennedy. What did you say about the fact that he was not in 
the car at the time ? AYliat did that have to do with this ? 

Jklr. Bridges. He was not in the car at the time of the automobile 
being picked up by myself. 

Mr. Kennedy. What if he had been ? 

Mr. Bridges. Then he would automatically have been violating the 
registration law, of operating a vehicle. That is what we call for the 
purpose of camouflaging a stolen ownership of the automobile. 

Mr. Kennedy. That would be just the registration aspect of it. 

Mr. Bridges. Yes, sir. 

Mr. Kennedy. I would like to point out, Mr. Chairman, that accord- 
ing to the witness' own testimony, there were all of these suspicious 
circumstances surrounding this automobile, as well as the fact that Mr. 
Smith was tied up with the dynamiting at least to public knowledge of 
the dynamitings in the city, and after this occurred there were further 
dynamitings in the city, and yet, as far as his information is concerned, 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7209 

there was no further investigation made of this whole matter, although 
they found all these dynamite caps and wire in the trunk of Mr. 
Smith's car. 

The Chairman. There were other dynamitings occurring in the 
area there after this ? 

Mr. Bridges. After this I understood there was, sir. 

The Chairman. You didn't investigate those ? 

Mr. Bridges. No, sir, that was not in my division. I was assigned 
to this particular auto theft division. 

Mr. Kennedy. This is the same Mr. W. A. Smith who has been 
identified at the place of the dynamiting in the city of Knoxville, 
for instance, in 1956 ? 

The Chairman. All right. Thank you very much. 

Mr. Ejennedy. The next witness is Detective G. T. Thompson. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God? 

Mr. Thompson. I do. 

TESTIMONY OF G. T. THOMPSON 

The Chairman, State your name, your place of residence, and 
your business or occupation. 

Mr. Thompson. My name is G. T. Thompson. I live at 1314 North- 
ern Avenue, Nashville, Tenn. I work out of the sheriff's office. 

The Chairman. You are a deputy sheriff ? 

Mr. Thompson. Yes, sir. 

The Chairman. Thank you. 

Do you waive counsel ? 

Mr. Thompson. Yes, sir. 

Mr. Kennedy. On November 25, 1955, were you in Nashville, 
Tenn. ? 

Mr. Thompson. Yes, sir. 

Mr. Kennedy. Did you make an arrest at that time ? 

Mr. Thompson. Yes, sir. 

Mr. Ivennedy. Would vou tell the committee about that? 

Mr. Thompson. We were — my partner and myself — were just driv- 
ing around the city as we usually do our patrol jobs, and I noticed 
this 1951 Chevi'olet going down Fifth Avenue, and I couldn't find a 
license plate on it anywhere, and so I pulled him over. 

After pulling him over, he starting hollering about "I have got a 
license. I have got a license." He had a license laying face down 
right behind the back seat, which no one could see. 

I was suspicious of it because I knew the fellow. 

The Chairman. You knew the man ? 

Mr. Thompson, I knew the man ; yes, sir. I have seen him a num- 
ber of jDlaces and a number of times. 

The Chairman, "Wliat would be his name ? 

Mr. Thompson, W. A. Smith. 

I picked up my microphone and I called the dispatclier, and I 
checked that license number, and it was listed to W. A. Smith, on a 
1951 Chevrolet. 



7210 IMPROPER ACTIVITIES IW THE LABOR FIELD 

In the meantime, the dispatcher said, "I have a stolen report on a 
1951 Mercury with that same license." So instead of just giving him 
a citation to be in court on a registration law for just having one license, 
and it not showing, I carried him in. I contacted the attorney gen- 
eral's office and Mr. Jim Richardson, and he in turn contacted At- 
torney General Loser, and so they impounded the car. 

The next day we went out to this garage where it was taken, and 
we went through the car, and we found 2 rolls of wire, and some 
dog food, 1 cloth glove, and a punch, just a regular punch. 

The Chairman. What is that punch used for ? 

Mr. Thompson. Well, I have seen it used to drill holes or knock 
holes in things. Of course, it can be used for a number of things. 
But it had been used quite a bit. It was pretty . roughed up. Of 
course, I charged him with the registration law, and he made a bond 
that night. 

Of course, the case came up later, and he fought in court on it, but 
I beat him and I got him the minimum fine of $2.50 and costs. 

The Chairman. Is that the one where he got the $2.50 fine ? 

Mr. Thompson. Yes, sir. 

The Chairman. That is a pretty stiff penalty for violating the law 
and carrying dynamite around, and dynamite caps, and so forth, for 
the purpose of committing violence against other people's property. 
That seems to be a rather weak penalty, may I say. 

Of course, if that is the law, that is the law. I don't question that. 

But I just marvekd yesterday when I saw tliis record. If it is 
any crime at all, it seems to me it is of greater magnitude than a 
$2.50 fine. 

Mr. Kennedy. That was before Judge Taylor; is that right? 

Mr. Thompson. That is right. 

Mr. Kennedy. And he was fined $2.50 plus costs, and you found 
the dynamite caps and the battery and the roll of connecting wire; 
is that right ? 

Mr. Thompson. That's right. 

Mr. Kennedy. Did you ever interview Mr. Smith as to how he was 
using this dynamite ? 

Mr. Thompson. No, sir; I didn't. I turned the case over to the 
attorney general's office, and I went with Mr. Richardson, who was 
with attorney general's office, and I found this stuff and got it out and 
turned it over to the office, and lie was supposed to make an investiga- 
tion. Whether he did or not, I don't know. 

Mr. Kennedy. Do you know if he was ever interviewed as to how 
he was using this dynamite ? 

Mr. Thompson. Not that I know of ; no, sir. 

Mr. Kennedy. So there you found within 4 days of one another, 
the police department was able to find in 2 separate cars of Mr. 
Smith, both proceeding under suspicious circumstances, 2 separate 
cars, you found a good deal of dynamite equipment ; is that not right ? 

Mr. Thompson. That is correct. 

IVIr. Kennedy. And the result of both of these arrests was fines of 
$12.25 or a fine and costs of that amount. 

Now, did you know of Mr. Smith's general reputation in the State 
of Tennessee ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7211 

Mr. Thompson. Yes. Of course, wliatever way you might bring 
it out, he does have a pretty bad reputation. 

Mr. Kennedy. He has been tied up, at least publicly, with the dyna- 
mitings that have taken place in the State of Tennessee over the period 
of the last 3 or 4 years; has he not? 

Mr. Thompson. Well, every time one is dynamited, you can always 
hear talk of Smith. 

Mr. IvENNEDY. JS'ow, tliis is some year and a half later, when this 
equipment was found in his car, and there were a good deal of dyna- 
mitings later. For instance, Mr. Powers' store was dynamited at the 
end of 1956, and it seems incredible — and I am not blaming you at 
all — but it just seems incredible that something further was not done 
at that time, when all of this evidence was found in his possession. 

But you were not instructed to follow it up at all yourself ? 

Mr. Thompson. No, sir; we had no instructions on it whatsoever. 

Mr. Kennedy. You never heard anything further about the case? 

Mr. Thompson. Nothing other than just the traffic violation which 
we did make a case on. 

The Chairman. V*1io claimed the car, and who finally got the cars, 
both of them? 

]Mr. Thompson. Of course, they held this Chevrolet for several days 
there, and finally they turned it back over to Smith. Smith went and 
got the car. 

The Chairman. And he also got the Mercury, and he got the Chev- 
rolet? 

IMr. Thompson. I don't know about the IMercury. 

The Chairman. I believe that was the testimony of the preceding 
witness. 

Mr. Thompson. I feel sure that that is right, but I do know he got 
the Chevrolet. 

Mr. Kennedy. There is a peculiar circumstance about that, because, 
as I understand it, the Chevrolet was supposed to have been traded 
into this Jimmie Dye's second-hand place, for the Mercury, and yet 
both cars end up in the possession of Mr. W. A. Smith. 

Mr, Thompson. Yes, sir. 

Mr. Kennedy. Was that ever pursued to find out what further in- 
formation could be obtained on that? 

Mr. Thompson. I didn't follow that up because I had nothing to 
do with the IMercury whatsoever. 

Mr. Kennedy. Was tliere any coordination between the information 
that your other police officer found, and what you found out? 

Mr. Thompson. No, sir. 

Mr. Kennedy. We have all of these threats, the dynamitings that 
occurred immediately after the threats, and the testimony of Mrs. 
Freels that this was common knowledge in the headquarters of the 
teamsters, that these dynamitings were taking place, and these indi- 
viduals were responsible for it, and then we have here these two police 
officers that testified the dynamiting equipment was actually found 
in tlie car of Mr. W. A. Smith. 

Yet, as of this date, W. A. Smith and these other teamster officials, 
except for Mr. Reynolds, still hold their same positions, are not either 
removed by the teamsters or in jail by the authorities of Tennessee. 



7212 IMPROPER ACTIVITIEIS IN THE lABOR FIEILD 

The Chairman. I think Mr. Reynolds, according to the testimony, 
is on probation, and if he can stay out of the penitentiary for a year, 
he was to be rewarded ; is that not correct ? 

Mr. Kennedy. If he could stay out of the penitentiary for a year 
he is going to get another teamster local. 

The Chairman. Thank you very much, Mr. Thompson. 

Call the next witness. 

Mr. Kennedy. That is all, Mr. Chairman. 

The Chairman. The committee will stand in recess until 10 : 30 
Monday morning. 

(Thereupon, at 11 : 45 a. m., the committee recessed, to reconvene at 
10 : 30 a. m., Monday, December 9, 1957.) 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



MONDAY, DECEMBER 9, 1957 

United States Senate, 
Select Committee on Improper Activities 

IN the Labor or Management Field, 

Washington^ D. G. 

The select committee convened at 10 : 30 a. m., pursuant to Senate 
Resolution 74, agreed to January 30, 1957, in the caucus room, Senate 
Office Building, Senator John L. McClellan (chairman of the select 
committee) presiding. 

Present : Senator John L. McClellan, Democrat, Arkansas ; Senator 
Irving M. Ives, Republican, New York; Senator John F. Kennedy, 
Democrat, Massachusetts; Senator Pat McNamara, Democrat, Mich- 
igan ; Senator Carl T. Curtis, Republican, Nebraska. 

Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy, 
investigator ; James P. McShane, investigator ; Ruth Y. Watt, chief 
clerk. 

The Chairman, The committee will be in order. 

(Members of the committee present at the convening of the session: 
Senators McClellan, Ives, McNamara, and Curtis.) 

The Chairman. Call your first witness. 

Mr. Kennedy. Mr. Kobert McDowell. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. McDowell. I do. 

TESTIMONY OF ROBERT McDOWELL, ACCOMPANIED BY HIS 
COUNSEL, OLIN WHITE 

The Chairman. State your name, your place of residence and your 
business or occupation. 

Mr. McDowell. Robert McDowell, Nashville, Tenn. ; my business 
is McDowell & McDowell, contractors. 

The Chairman. Mr. McDowell, do you have counsel ? 

Mr. McDowell. Yes, sir. 

The Chairman. Mr. Counsel, will you identify yourself for the 
record ? 

Mr. White. Olin IVliite, attorney from Nashville. 

The Chairman. Proceed. 

Mr. Kennedy. What is your kind of business, Mr. McDowell ; what 
sort of business do you operate ? 

Mr. McDowell. We are primarily highway contractors. 

Mr. Kennedy. Excavating and road construction work? 

Mr. McDowell. Yes, sir. 

7213 



7214 IMPROPER ACTIVITIES IN^ THE LABOR FIELD 

Mr. Kennedy. In 1953, did the teamsters come in and attempt to 
organize your drivers ? 

Mr. McDowell. Yes, sir, they did. 

Mr. IvENNEDY. Wlien was the first conversation that you had with 
any representatives of the teamsters union ? 

Mr. McDowell. Well, it was, I think, in June of 1953 when Mr. 
Smith came out and wanted us to sign a contract. 

Mr. Kennedy. That is W. A. Smith ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. He was a business agent of the teamsters local, is 
that right? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. How many drivers did you have at that time ? 

Mr. McDowell. I don't remember, probably 25 or 30. 

Mr. Kennedy. 25 or 30 drivers ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. Wliat position did you take with Mr. Smith regard- 
ing signing the union contract. 

Mr. McDowELi^. Well, we wanted our lawyer to read over the con- 
tract before we signed it. We didn't want to sign it unless the major- 
ity of our employees wanted it. 

Mr. Kennedy. Did he say he had a majority of the employees ? 

Mr. McDowell. Well, I don't remember whether he claimed he had 
a majority or not, but he insisted that we sign it. 

Mr. Kennedy. So you said you wanted to submit it to your lawyer 
and you did submit it to your attorneys, did you not ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. And your attorneys gave you some advice on it? 

Mr. McDowell. Well, our attorneys said or advised us not to sign 
it because he thought it was a closed-shop agreement, and he told us 
that that was in violation of Federal and State laws. 

Mr. Kennedy. Did you pass that on to Mr, Smith ? 

Mr. McDowell. Yes, we told him. 

Mr. Kennedy. Did you have a number of conversations following 
that with Mr. Smith? 

Mr. McDowell, Yes, sir, he came out very frequently. 

Mr. Kennedy. '^'\'liat was his general position and his general de- 
meanor when he came to visit you and talked about this contract? 

Mr. McDowell. Well, he talked a little rough sometimes, in front 
of the girls in the office, and he was very arrogant and insisted wo 
sign it and sort of upset our office routine a little bit. 

Mr. Kennedy. And he used profane language ? 

Mr. McDowell. Yes, sir. 

]Mr. Kennedy. On a number of different occasions, did he ? 

Mr, McDowell. Yes, sir, quite a few times. 

Mr. Kennedy. Was there a picket line established before your place 
of business? 

Mr. McDowell. Well, not around our office, but around this job we 
had with the TVA up at Gallatin, there was. 

Mr. Kennedy. That was your major job at the time, was it, at the 
TVA? 

Mr. McDowell. That was one of our major jobs. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7215 

Mr. Kennedy. And the picket line was put uj) around there, is that 
right? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. Did your truck drivers, working for your company, 
join in on that picket line, did they go out on strike ? 

Mr. McDow^ELL. Well, our employees didn't actually walk on the 
picket line, but they would not cross the picket line and work, after the 
picket line was there. 

Mr. Kennedy. But, they were not participating actively in the 
picket line ? 

Mr. McDowell. None of our employees walked on the picket line 
and carried a banner. 

Mr. Kennedy. Did you ask the representatives of TVA that handled 
the labor problems for TVA — diet you ask for their assistance in 
settling the strike ? 

Mr. McDowell. Well, the minute the work stopped, the TVA of- 
ficials got in touch with us, and said they wanted to arrange a meeting 
with the union to try to work it out so that the job could go ahead. 
They arranged a meeting in Gallatin, in the Cordell Hull Hotel, be- 
tween us and the union and the TVA, 3 parties were there. 

Mr. Kennedy. Will you tell us about the meeting ? 

Mr. McDowell. Well, Mr. Smith and Mr. Vestal of the union were 
supposed to be there, but Mr. Vestal didn't show up. Mr. Smith was 
the only one there. We thouglit that the purpose of the meeting was 
to negotiate, but Mr. Smith just presented the same contract which we 
refused to sign before, and said that that was it, and there were no 
negotiations, we either signed that one or else. 

Mr. Kennedy. The meeting broke up then ? 

Mr. McDowell. That is right. 

Mr. Kennedy. You obviously were not able to get along with Mr. 
Smith. Did you try or did you make a protest to any higher union 
oiScials regarding his bad use of language and his threats to you ? 

Mr. McDowell. Yes; the day before the picket line appeared in 
Gallatin, we called Mr. Vestal and asked him to come out to our office, 
and he did. We told him that we would like to work the matter out 
and we were unable to have much luck with Mr. Smith because he 
didn't seem to talk our language. 

We wanted to negotiate with Vestal, but he said that Smitty was 
assigned to the case, and we had to talk to him, and he wouldn't talk 
to us about it. 

Mr. Kennedy. That is Mr. Don Vestal, president of local 327 ; that 
is right ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. Subsequently, after you had the meeting with 
Vestal, and then you had the meeting at the Cordell Hull Hotel, did 
you subsequently obtain a temporary injunction against picketing? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. In the courts ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. That was on June 12, 1953 ? 

Mr. McDowell. Yes ; along about that time. 

Mr. Kennedy. That was against any kind of picketing at all ; is 
that right ? 

Mr. McDowell. Yes, sir. 



7216 IMPROPER ACTIVITIES ES^ THE LABOR FIE[LD 

Mr. Kennedy. "VVliat was the reason, or how were you able to ob- 
tain that injunction ? 

( The witness conferred with his counsel. ) 

Mr. McDowell. Well, there were some threats of violence on the 
picket line, and they told some of our employees that if they went 
across the picket line, they couldn't keep them from going along 
but they could make them sorry if they did, and we were afraid 
there would be violence, and we got an injunction. 

Mr. Kennedy. That injunction was modified somewhat later, in 
July 24, 1953? 

Mr. McDowell. Yes; it was modified to permit peaceful picket- 
ing. 

Mr. Kennedy. During this period of time, June 12, 1953, and July 
24, 1953, did you sign a contract with another union covering these 
employees ? 

Mr. McDowell. Yes, sir; we signed a contract with the United 
Construction Workers, District 50. 

Mr. Kennedy. That is John L. Lewis' local ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. District 50 ; is that right ? 

Mr. McDo^vELL. Yes, sir. 

Mr. Kennedy. That covered all of your employees ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. Did you have any difficulty or trouble with the union, 
the teamsters union after you had signed up with John L. Lewis' 
local? 

Mr. McDowell. No ; everything went along smoothly for a couple 
of months, up until Labor Day of 1953. 

Mr. Kennedy. What happened on Labor Day, 1953 ? 

Mr. McDowell. That is when we had this dynamite put on our 
equipment and blew a lot of it up. 

Mr. Kennedy. Where was that equipment blown uj) ? 

Mr. McDowell. It was on this Government project there, at the 
Gallatin steam plant, the TVA. 

The Chairman. Let me see if I understand. You had not been 
able to enter into a contract with the teamsters ? 

Mr. McDo\\t:ll. That is right. 

The Chairman. But you later entered into a contract with another 
union. ^Yliat was the name of it ? 

Mr. McDowell. The United Construction Workers, affiliate of the 
United Mine Workers. 

The Chairman. In other words, your men joined that union ? 

Mr. McDowell. Yes, sir. 

The Chairman. And you were organized, and you were union- 
ized? 

Mr. McDowell. Yes, sir. 

The Chairman. How long after you were unionized in that union, 
before this dynamiting occurred ? 

Mr. McDowell. Well, it was 6 weeks or 2 months, something like 
that. 

The Chairman. Some 6 weeks or 2 months afterward ? 

Mr. McDowell. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7217 

The Chairman. Did you have any warning, or had there been any 
trouble or any threats or anything to indicate that some violence was 
going to occur ? 

Mr. McDowell. No ; we thought everything was in good shape, and 
we weren't expecting anything at that time. 

The Chairman. Proceed. 

I just wanted to get the record clear. 

Mr. Kennedy. Now, what was the loss in equipment and damages 
in that dynamiting that occurred, of your equipment ? 

Mr. McDow^ELL. Approximately $100,000. 

Mr. Kennedy. Did the police and sheriff's office and any other Gov- 
ernment agencies come in to make investigations ? 

Mr. McDowell. Well, yes; there was some investigation. The 
county sheriff there in Suimier County, he made an investigation. The 
Tennessee Bureau of Investigation did. They made some investigation. 

Mr. Kennedy. You also tried to bring in the Federal Government ; 
did you not ? 

Mr. McDowell. Yes ; we called the FBI. 

Mr. Kennedy. Did you subsequently submit an affidavit or your 
attorney submitted a memorandum to the United States attorney in 
the district showing or attempting to show that the Federal Govern- 
ment had jurisdiction because this damage occurred on Government 
property ? 

Mr. McDowell. Yes, sir ; when we first called them, they said that 
they could not have anything to do with the case, and then a few days 
later, they called back our attorney and told him if he could give them 
some jurisdiction, they would come in. 

So he wrote them a letter and cited certain things that he thought 
gave them jurisdiction. He presented that letter to the United States 
deputy marshal, I think, or the district attorney. But we never heard 
any more from it. 

Mr. Kennedy. That case was never solved ? 

Mr. McDowell. No, sir. 

The Chairman. You said this occurred on Government property? 

Mr. McDowell. Yes, sir. 

The Chairman. Give us the background of that. I don't quite 
understand that. You were building highways, as I understand it? 

Mr. McDowell. It was an entrance road for the TVA, at the Galla- 
tin steam plant. It was Government, if the TVA is considered 
Government. 

The Chairman. Was your contract with the Government ? 

Mr. McDowell. It was with the Tennessee Valley Authority. 

The Chairman. The Tennessee Valley Authority ? 

Mr. McDowell. Yes, sir. 

The Chairman. All right. 

Mr. Kennedy. And this dynamiting of your equipment took place 
on Labor Day of 1953 ; is that right ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. Approximately what time did the dynamiting 
occur ? 

Mr. McDowell. Well, it was sometime about 2 or 3 or 4 : 30 in the 
morning, I believe it was, sometime around there. It was before 
daylight. 



7218 IMPROPER ACTIVITIES IN^ THE LABOR FIELD 

Mr. Kennedy. Did some of the dynamite fail to go off ? 

Mr. McDowell. Yes, sir ; there was about 12 or 15 sticks wired on 
a power shovel, which failed to go off. 

The Chairman. Wired on what ? 

Mr. McDowell. Wired on a power shovel. 

The Chairman. Let me ask, was any Government property damaged 
by the dynamiting, any Government property ? 

Mr. McDowell. No. 

The Chairman. It was all your private equipment? 

Mr. McDowell. Yes ; it was all our equipment. 

Mr. Kennedy. You took some pictures of the damage to the equip- 
ment and also the dynamite ; is that true ? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. The dynamite that was found ; is that right ? 

Mr. McDowell. Yes. 

Mr. Kennedy. These are the pictures, Mr. Chairman. 

The Chairman. I present you here four different pictures for your 
examination and identification. 

( The documents were handed to the witness. ) 

The Chairman. Do you identify those pictures ? 

Mr. McDoAVELL. Yes, sir. 

The Chairman. What are they ? 

Mr. McDowell. Well, the first one is a picture of the dynamite 
which did not explode. 

The Chairman. Now, that will be made exhibit ISA. 

(The document referred to was marked "Exhibit 15A" for refer- 
ence and may be found in the files of the select committee.) 

Mr. McDowell. The other three pictures of the equipment in the 
condition it was in after the dynamite explosion on them. 

The Chairman. Those three may be made exhibits 15, B, C, and D. 

(The documents referred to were marked "Exhibits 15, B, C, D," re- 
spectively, for reference and may be found in the files of the select 
committee. ) 

Mr. I^NNEDY. Did you turn over this dynamite to the police offi- 
cials, the dynamite that failed to explode? Was that examined by 
any of the law-enforcement officials ? 

Mr. McDowell. I think it was examined by the county sheriff 
there at Sumner County, and I don't think anyone ever took it away. 
I think we finally destroyed it ourselves. 

Mr. Kennedy. Did you feel there was a complete and thorough 
investigation in this matter ? 

Mr. McDowell. Well, of course, we were a little disappointed that 
nothing ever turned up. We felt like the case should have been 
solved. 

JVIr. ICennedy. Did you have any other violence occur in connection 
with the work you were doing ? 

Mr. McDowell. Not on this particular project, but we later had 
some dynamite thrown on the roof of our office building. I think it 
was December 18, of the same year. 

Mr. Kennedy. Wliat was the damage that occurred then? 

Mr. McDowell. It blew a hole through the roof of our office, about 
$1,200 worth of damage. 

Mr. Kennedy. Did you also find some dynamite in this instance, 
that failed to go off ? 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7219 

Mr. McDowell. Yes, sir ; we found two homemade bombs, on top 
of our building, which had failed to go oif. They had apparently 
been there for some time. 

The Chairman. Is this loaded ? Do you recognize this ? What do 
you call that ? 

Mr. McDowell. Well, it is a homemade bomb, that is all I know 
to call it, and right now it is just a piece of pipe. But they had the 
dynamite inside. 

The Chairman. There is no dynamite in it now ? 

Mr. McDowell. No. There is a hole here where the fuse came 
out. I imagine it was put in this, so that when they threw it, it 
would go through a window. 

Senator Curtis. Are you familiar with dynamite ? 

The Chairman. Let us get it in the record. Is that the identical 
bomb that you found ? 

Mr. McDowell. This is one of them ; yes, sir. 

The Chairman. On the roof ? 

Mr. McDowell. Yes, sir. 

The Chairman. That may be made exhibit No. 16. 

(The object referred to was marked "Exhibit No. 16" for reference 
and may be found in the files of the select committee.) 

The Chairman. We will have to make that for reference only, I 
believe. 

Mr. McDowell. There was another one just like this. 

Senator Curtis. What would be the potential damage of tliat if 
it went off in a building occupied by workmen or other individuals? 

Mr. McDowell. Well, it would have the same effect as a grenade, 
I think. 

Senator Curtis. How much destruction could that bring about ? 

Mr. McDowell. Well, the one that exploded brought about $1,200 
worth of property damage, and it could kill somebody if there was 
anybody around it. It happened when there was nobody in the office. 

Senator Curtis. Could this wreck a building or a part thereof? 

Mr. McDowell. I wouldn't think it could totally wreck one. but it 
could do a lot of damage to it. It would only hold about 2 or 3 sticks 
of dynamite, at the most, l^^ien it exploded it would do like shrapnel 
from a hand grenade. 

Senator Curtis. It could kill people ? 

Mr. McDowell. I think it would, if anyone was close to it when it 
went off. 

Senator Curtis. That is all. 

Mr. Kennedy. Now, did you connect these acts of violence with 
your dispute with the teamsters union ? 

(The witness conferred with his counsel.) 

Mr. McDoweli.. We felt that it arose out of those disputes, because 
we didn't have any disputes with anybody else, and they were the only 
ones we were having any misunderstandings with. 

Mr. Kennedy. Did you report that to the law-enforcement agencies, 
and you felt that at the time, did you not ? 

INl'r. ]McDowell. Yes, sir. 

Mr. Kennedy. In 1953, you reported that to the law-enforcement 
agencies ? 

Mr. McDowell. Yes, sir. 



7220 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Do you know if anybody was ever arrested in con- 
nection with this ? 

Mr. McDowell. Xo, sir. 

Mr. Kennedy. Did you report to them the conversations that you 
had with W.A.Smith? 

Mr. McDowell. Yes, sir. 

Mr. Kennedy. And you reported that at the time, in 1953, when 
these dynamitings occurred ? 

Mr. McDowell, Yes, sir. 

Senator Cuetis. This incident of this homemade bomb that we have 
just looked at, to whom did you report that ? 

Mr. McDowell. Well, I don't remember the particular individual, 
but it was reported to the Davidson County sheriff's office and the city 
of Nashville Police Department, and Tennessee Bureau of Investiga- 
tion, and the Federal Bureau of Investigation. 

Senator Clhrtis. How soon after it was discovered was this report 
made ? 

Mr. McDowell. We reported it immediately. 

Senator Curtis. What branch of the law-enforcement machinery 
took possession of the homemade bomb ? 

Mr. McDowell. It seemed to me like one of the deputy sheriffs 
took it and brought it back the same day. I think the deputy sheriff 
was the only one who examined it, to the best of my knowledge. 

Senator Cuetis. Do you know whether they took any fingerprints 
of it? 

Mr. IMcDowELL. No, sir, I don't. 

Senator Curtis. Did they unload it or did you do that ? 

Mr. McDowell. I believe we had someone in our organization that 
was familiar with dynamite, and we had him take the dynamite out 
so it would not hurt anybody. 

Senator Curtis. Was this before or after you turned it over to the 
sheriff? 

ISIr. INIcDowELL. It was after the officers had looked at it. We let 
them see it in the exact condition that we found it in. 

Senator Curtis. But did they take it from the premises ? 

Mr. JSIcDowELL. The best I can remember, they did. I think they 
took it that morning and brought it back that afternoon. 

Senator Curtis. To your knowledge, what persons, if any, did they 
pick up and question about this ? 

Mr. JNIcDowELL. I don't know of them questioning anybody about 
it, myself. 

Senator Curtis. Do you think they did ? 

Mr. McDowell. I don't think they did. At least, if they did, it 
was not public information. 

Senator Curtis. That is all. 

Senator McNamara. Mr. Chairman, I have a couple of questions. 

The Chairman. Senator McNamara. 

Senator McNamara. You indicate that somebody in TVA ar- 
ranged a meeting between you and the representatives of the teamsters 
union ? 

Mr. McDowell. Yes, sir. 

Senator McNamara. Who arranged the meeting? "Wlio were the 
people in TVA ? Do you remember the man's name ? 



IMPBOPER ACTIVITIES EST THE LABOR FIELD 7221 

Mr. McDowell. I don't remember the man's name. His title 
was — what was it ? 

(The witness conferred with his counsel.) 

Mr. McDowell. Labor conciliator or labor relations man or public 
relations man or something. 

Senator McNamara. You think he was officially connected with 
TVA? 

Mr. McDowell. Yes. 

Senator McNamaira. "Wliere was the meeting held ? 

Mr. McDowell. It was in the basement of the Cordell Hull Hotel 
in Gallatin, Tenn. 

Senator McNamara. Wlien the United Construction Workers, a 
division of the United Mine Workers, came into the picture, how did 
they come into the operation? Did you send for them or did they 
just appear on the scene ? How did they get into it ? 

Mr. McDowell. Well, they had contacted us on several previous 
occasions, wanting us to sign up with them. They came to us again 
after this happened, and we thought we would give them a try. So 
we told them if the men wanted to sign up, it would be all right with 
us. They sent a man aroimd to see the men, and most of them 
signed up. 

Senator McNamara. They approached you? They got your per- 
mission to approach your organization to sign them up ? 

Mr. JNIcDowell. Yes. 

Senator McNamara. Did they have a uniform contract that you 
agreed to go along Avith ? 

Mr. McDowell. Yes. We signed a contract with the UCW. 

Senator McNamara. The first time they contacted you, before they 
went out to organize your employees ? 

Mr. McDowell. I believe we waited until they contacted the em- 
ployees before we signed the contract, to see that the employees^ — ■ — 

Senator McNamara. But you agreed in advance to go along with 
the terms of the contract ? 

Mr. McDowell. We agreed to sign the contract, if the employees 
signed up and wanted it. 

Senator McNamara. Was there a difference in the wage scales be- 
tween the teamsters contract and the United Construction Workers ? 

Mr. McDowell. The wage scale was set out in our contract with 
the Tennessee Valley Authority. We paid the same wage scale re- 
gardless of which union or whether or not we had any union. 

(The witness conferred with his counsel. ) 

Mr. McDowell. Our dispute with the teamsters was not over wage 
scales. It was more over working conditions. 

Senator McNamara. The working conditions were spelled out dif- 
ferently in the contract submitted by the United Construction 
workers ? 

Mr. McDowell. Yes, sir. 

Senator McNamara. But the wage scale was no different, and after 
your employees became unionized, you paid the same scale as you 
did prior to that, is that right ? 

Mr. McDowell. Yes, sir. 

Senator McNamara. Do you presently have a contract with the 
United Construction Workers ? 



7222 IMPROPER AcnvmES in the labor fieild 

Mr. McDowell. No. We have a contract now with the teamsters. 

Senator McNamara. With the teamsters. That is all, Mr. 
Chairman. 

The Chairman. What I cannot understand is after you were union- 
ized, the teamsters did not bother you any more, so far as making 
contact with you, and trying to negotiate a contract with you, did they ? 

Mr. McDowell. No. 

The Chairman. What was the purpose of these bombings? Was 
it just revenge? If they did it as emanating from that trouble that 
you had or disagreement about signing a contract with them, what 
could be the motive ? Wliat could be the purpose, if you were already 
unionized ? 

(The witness conferred with his counsel. ) 

Mr. McDowell. Well, you see, we were unionized, but not with the 
teamsters. They had lost the contract. We were unionized with 
UCW, but not with the teamsters. 

The Chairman. I understand that, but they did not come back to 
you after you were unionized and try to negotiate with you, did they ? 
As I understand you, they did not. 

Mr. McDowell. No, they did not contact us any after we signed 
with UCW. 

(The witness conferred with his counsel.) 

The Chairman. Is there anything further ? 

Mr. McDowell. The injunction held them off then, I think. The 
injunction was still in effect. 

The Chairman. I see. Senator McNamara? 

Senator McNamara. How come the switch from the United Con- 
struction Workers back to the teamsters ? What brought that about ? 

( The witness conferred with his counsel. ) 

Mr. McDowell. Well, we later felt that it was in the best interests 
of our business to get back with the teamsters. We had some work 
under the jurisdiction of the National Building Trades Council which 
we could not do without belonging to the AFL. 

Senator McNamara. Then the United Construction Workers did not 
claim jurisdiction in building work, but just on road construction? 
Was that the situation ? 

Mr. McDowell. The contract that we had with the United Con- 
struction Workers was on a job basis. We signed a contract just to 
cover that one project, and when we finished the job, that contract 
was no longer in effect unless we renewed it. 

Senator McNamara. Now, you operate a union shop in agreement 
with the teamsters union as well as the building trades, is that the 
situation ? 

Mr. McDowell. Yes. 

Senator McNamara. In the building trades, do you have separate 
contracts with various unions in the building trades ? 

Mr. McDowell. Yes, sir. 

Senator McNamara. Negotiated through the Association of Gen- 
eral Contractors? Is that the situation? Or do you do it indi- 
vidually? 

Mr. McDowell. Well, it is not done through the association, but 
it is done more or less on an individual basis 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7223 

Senator McNamaka. A regional basis ? 

Mr. McDowell. Yes. 

Senator INIcNamara. Are you a member of the Associated General 
Contractors ? 

Mr. McDowell. No, we are a member of the American Roadbuilders 
Association. 

Senator McNamara. But you do work in the building construction 
field as well as road construction ? 

Mr. McDowell. Yes, we do excavation in connection with buildings. 

Senator McNamara. But you do not do any general contracting? 

Mr. McDowell. Well, on a small scale, not on a large scale. 

Senator McNamara. Do you mean 10 percent of your business or 
more? 

Mr. McDowell. Probably 5 percent would be closer. 

Senator McNamara. Thank you. That is all. 

The Chairman. Did this bombing have anything to do with per- 
suading you to join the teamsters ? 

Mr. McDowell. No. We joined the teamsters about 2 years ago 
when Ford Motor Co. started building a big glass plant in Nashville, 
and we had a large contract. 

The Chairman. Who did you deal with in that contract? The 
same man ? Was it Smith ? 

Mr. McDowell. Well, we had our dealings at that time with the 
president of the National Building Trades Council, and Smith was 
also there. 

The Chairman. All right. Is there anything further ? 

Mr. Kennedy. No. 

The Chairman. Thank you. 

Call the next witness. 

Mr. Kennedy. Mr. Elzie Clements. 

(Members present at this point: Senators McClellan, Ives, Mc- 
Namara, and Curtis.) 

The Chairman, You do solemnly swear the evidence you shall give 
before this Senate select committee shall be the truth, the whole truth, 
and nothing but the truth, so help you God ? 

Mr. Clements. I do. 

TESTIMONY OF ELZIE R. CLEMENTS 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Clements. My name is Elzie R. Clements. My place of busi- 
ness is Strauss Avenue and Gallatin Road, Nashville, Tenn. My 
home address is 3005 Hilltop Avenue, Nashville. 

Mr. Kennedy. Your occupation ? 

Mr. Clements. Barber. I own and operate a barber shop. 

The Chairman. You waive counsel, do you, Mr. Clements ? 

Mr. Clements. Yes, sir. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. IvENNEDY. Before we start, Mr. Clements, how big are you ? 

Mr. Clements. I am 5 feet 2% inches and weigh 110 pounds. 

Mr. Kennedy. Were you having some difficulty with the barbers 
union back in 1953 ? 

80330— 58— pt. 18 12 



7224 IMPROPER AcnvrriES inp the labor field 

Mr. Cle]vients. Yes, I was. 

Mr. IvENNEDY. It started at the beginning of 1953 ; is that right ? 

Mr. Clements. On or about near that. 

Mr. Kennedy. Some time in the begimiing of 1953 or the end of 
1952; is that right? 

Mr. Clements. Right. 

Mr. Kennedy. And that cuhninated on December 18, 1953, with 
your store being dynamited ; is that right ? 

Mr, Clements. Yes, sir. 

Mr. Kennedy. And your whole store was destroyed ? 

Mr. Clements. Yes, sir. 

Mr. I^NNEDY. Damaged to about $5,000 ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Mr. Chairman, I would just like to point out that 
the dynamiting of Mr. Clements' store took place on December 18, 
1953, which was the same day as the dynamiting of the previous wit- 
ness' office place, December 18, 1953. Mr. McDowell's office was dyna- 
mited on the same day. 

The Chairman. Are the buildings close together ? 

Mr. Kennedy. They are both in Nashville. 

The Chairman. They are both in Nashville ? 

INIr. Kennedy. That is correct. 

During the period of 1953, did you have have some of your windows 
broken and other threats made to you ? 

Mr. Clements. Yes, I did. 

Mr. Kennedy. Will you tell the committee about that ? 

Mr. Clements. I had my windows broken and my tools, my barber 
tools, clippers, razors, shears, all broken up, and my work benches 
broke up. 

Mr. Kennedy. How often did you have your windows broken ? 

Mr. Clemets. Well, I had them broken three times altogether, and 
I can't say how close together. 

Mr. Kennedy. But three different instances ? 

Mr. Clements Yes, with the windows, and one time the tools tore 
up. 

Mr. Kennedy. One time 2 windows and the other time 1 window? 

Mr. Clements. No, the tools were tore up 1 time, and my windows 
were broken 3 times, but I can't say how close. 

Mr. Kennedy. The barbers union was under Mr. Sanders ; was it ? 

Mr. Clements. Sanders, C. C. Sanders. 

Mr. Kennedy. He attempted to organize you ? 

Mr. Clemets. Yes, sir, he wanted to organize me. 

Mr. Kennedy. And 3^ou had working for you at that time some four 
barbers, is that right, approximately. 

Mr. Clements. I had 3 or -l. 

Mr. Kennedy. Three or four barbers working for you ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. You did not want to join the union. Could you tell 
the committee why you did not want to go into the union ? 

Mr. Clements. Well, in the first place, my barbers at that time was 
getting all they took in, and if there was three of them working they 
were paying a third of the expenses, and they did not want to join the 
union. I felt like I could not operate under them. 



IMPROPEK ACTIVrrrES IN- THE LABOR FIELD 7225 

Mr. Kennedy. They did not want to join the union. You had the 
arrangement that everything they took in, they kept, and they would 
split the expenses of the store ; is that right ? 

Mr. Clements. That is right. 

Mr. Kennedy. They would split the expenses between them all ? 

Mr. Clements. Each man got what he took in on his chair, and 
then the expenses we split that between them. 

Mr. Kennedy. What was the difficulty with the union ? Why didn't 
you want to join the miion '^ 

Mr. Clements. Why did I ? 

Mr. Ivennedy. ^YhJ didn't you want to join the union ? 

Mr. Clements. Well I was getting 50 cents for a haircut. That is 
when nearly everybody was getting 50 cents, and they just started to 
organize then. So I would have to change my prices, change my 
hours. 

Mr. IvENNEDY. Why would you have to change your prices ? 

Mr. Clements. I would have to have went to a union scale. 

Mr. Kennedy. What was the union scale ? 

Mr. Clements. I believe at that time, it was 75 cents. 

Mr. Kennedy. So if you joined the union, you would have to raise 
the price of a haircut to 75 c^nts ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. It was not a question of how much you were pay- 
ing the barbers, but how much you would charge the people for get- 
ting a haircut ? 

Mr. Clements. Oh, no. In fact, my barbers didn't like it when 
I did join the union finally. 

Mr. Kennedy. You would have to raise the price of a haircut from 
50 cents to 75 cents, if you j oined the union ? 

Mr. Clements. Yes. 

Mr. Kennedy. Was that difficult for you in that area ? 

Mr. Clements. It was. You see, I have a lot of children that comes 
to my shop. I give them something, maybe a penny, a nickel, a 
dime, something just to show my appreciation that they would stop 
by. Well, I would have to quit that, because they would say it was 
unfair competition. Then I would have to change my hours. I was 
staying open until 8 o'clock. I would have to close at 6, and open 
up at 10. So I felt like I could not operate under that condition. 

Mr. Kennedy. During this year period, did they have a picket line 
out in front of your shop ? 

Mr. Clements. Well, they did not picket me until after the shop 
was blowed up. They picketed my new shop, the one I got now. 

Mr. Kennedy. You rebuilt your old shop after it was dynamited ? 

Mr. Clements. Yes, sir, with the help of the neighbors around 
there. They put in and give me quite a bit, some $5, some $10, the 
churches give me some, $15, $20, and I finally got a new shop there. 

Mr. Kennedy. In the same location ? 

Mr. Clements. Yes, sir. 

Mr. IvENNEDY. Did you bring in a partner at that time ? 

Mr. Clements. Yes, sir. Well, I had a partner. 

Mr. Kennedy. Mr. Evans ? 

Mr. Clements. Harper, Mr. Koy Harper. 



7226 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Did you also bring in someone else at that time to 
assist you with the barbershop '^ Mr. Adams ? 

Mr. Cleiments. Well, when I was having that trouble, I did; 

yes. 

Mr. KJENNEDY. What was Mr. Adams to do ? Was he in the police 
department ? 

Mr. Clements. Yes ; he was. 

Mr. Kennedy. A nd he invested some money in the barbershop ? 

Mr. Clements. He had some money in the shop. 

Mr. IvENNEDY. And he was going to provide you some protection ; 
is that right ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Did you go to the police department during this 
period of time and tell them about these things that were happening 
to you ? 

Mr. Clements. Yes ; I did. 

Mr. Kennedy. "What did they say to you ? 

Mr. Clements. Well, I could not get any satisfaction out of it, 
and the best I remember they said that they did not want — I don't 
know if it is the exact words or not, but they did not want to mess 
with the labor trouble. They tried to stay out of labor trouble. It 
was something to that effect. 

Mr. Kennedy. Who said this to you ? 

Mr. Clements. Well, I was told that a number of times. 

Mr. Kennedy. By the various representatives of the police depart- 
ment ? 

Mr. Clements. Yes. 

Mr. Kennedy. So you brought in Mr. Adams, who was going to help 
provide protection. Did you also purchase a gun ? 

Mr. Clements. I did. 

Mr. Kennedy. You purchased a gun. Did you get a license to carry 
a gun ? 

Mr. Clements. I did not. 

Mr. Kennedy. You just got a gun ? 

Mr. Clements. I just got a gun. 

Mr. Kennedy. Was that to protect yourself ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. You felt you needed it by that time ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. That was after the dynamiting of the store ? 

Mr. Clements. That was after the dynamiting, and several folks 
were getting beat up around. I just did not want that to happen to 
me. 

Mr. Kennedy. Did you ever have any incidents in connection with 
the gun ? 

Mr. Clements. Yes ; I did. 

Mr. Kennedy. Would you tell the committee what happened? 

Mr. Clements. Well, Mr. Adams told me that somebody told him 
that he could not be down there any more. 

Mr. Kennedy. You mean one of the officials in the police department 
told him he could not stay around ? 

Mr. Clements. That is the way I understood it. 

Mr. Kennedy. That he could not stay around there any more ; is 
that riffht? 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7227 

Mr. Clements. That is the way I understood it. So he sent a boy 
down to tell me that day that they were going to whip all the barbers 
in that shop that night, when they closed, 

Mr. Kennedy. They were going to beat them all up ? 

Mr. Clements. That is right. 

The Chairman. Who sent you that message ? 

Mr. Clements. Tom Adams. 

The Chairman. Was he a policeman ? 

Mr. Clements. Yes, sir. 

(At this point Senator Ives withdrew from the hearing room.) 

The Chairman. All right. He sent you word that you were going 
to get beaten up that night — a policeman ? 

Mr. Clements. Yes, sir. 

The Chairman. All right ; go ahead. 

Mr. Kennedy. This is the same policeman that had invested money 
in your barbershop ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Who had been giving you protection ; is that right ? 

Mr. Clements. Yes. 

Mr. Kennedy. But he had been called off by his superiors and told 
he could not stay down there any more. 

Mr. Clements. That is the way I understood it. 

Mr. Kennedy. So he sent a message that on this particular night, 
you and the rest of the barbers were going to be beaten up; is that 
right ? 

Mr. Clements, Yes, sir. 

The Chairman. Is that why he was called off, so that those who 
were to administer the beatings would have a freer hand at the job? 
I am just trying to piece these things together. He gets called off of 
the job, and then sends you word the same day, as I understand it, that 
all of you are going to get beaten up that night when you quit work. 

Mr. Clements. That is right. 

Senator Curtis. Do you know how he obtained the information that 
these beatings were to take place ? 

Mr. Clements. No, I do not. 

Senator Curtis. Did he say anything about who was going to 
doit? 

Mr. Clements. I don't believe he did. 

Senator Curtis. Do you have any evidence that this crusade against 
you in various forms of violence was being backed by other barbershops 
in the city ? 

Mr. Clements. Well, there were a lot of barbers on the picket line; 
yes, sir. 

Senator Curtis. I am referring to owners of barbershops. 

Mr. Clements. Well, you see, I stayed open later than they did. 
They closed at 6 ; I stayed until 8 or 9. So when they closed at 6, they 
would all come over there. 

Senator Curtis. They would come over and help picket? 

Mr. Clements. Yes; there would be about, I would say, roughly 
25. 30, or maybe 50 guys each night. 

Senator Curtis. That were barbers ? 

Mr. Clements. Well, not all of them barbers. A lot of them were 
barbers. 



7228 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Senator Curtis. Were any sliopowners on the picket line ? 

Mr. Clements. Yes, sir. Well, tliey didn't carry the sign. They 
had one hired man to carry the sign. 

Senator Curtis. But they showed up there ? 

Mr. Clements. Yes, sir. 

Senator Curtis. Do you have any evidence that they knew about 
or took part in any way in the violence ? 

Mr. Clements. I could not sav. Do you mean the blowing up and 
all? 

Senator Curtis. Yes. 

Mr. Clements. I could not say. 

Senator Curtis. Thank you. 

Mr. Kennedy. This night that you received this message, you 
closed up your barbershop and started liome, did you ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Would you tell the committee what happened then? 

Mr. Clements. I closed that night. I was getting ready to go home, 
so down this side of the shop the street was full, and up this other side 
there was a car with, if I am not badly mistaken, with six standing 
around here, and a patrol car. They were talking to the people in a 
patrol car. 

The Chairman. Do you mean a police patrol ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. The first time. Weren't you stopped prior to tliat 
time, in the alley ? 

Mr. Clements. Well, I could not get this way. I could not get this 
other way, so I go up the alley. 

Mr. Kennedy. Why couldn't you go either way ? 

Mr. Clements. Well, they had all these people down there. I did 
not want to get involved with these over here or these over here, either, 
so I went up the alley. 

Mr. Kennedy. Did you meet anybody in the alley ? 

Mr. Clements. Tom told the boy to tell me that he would wait for 
me in the alley. 

Mr. Kennedy. Prior to that time, had you brought vour gun out 
at all? 

Mr. Clements. Wien I got to the end of the alley, this car cut me 
off. He went around Gallatin Road and down Douglas Alley to 
where this alley was, and he cut me off there. 

Mr. Kennedy. And you could not get out ? 

Mr. Clements. No ; I could not get out. It was very narrow. 

Mr. Kennedy. So what did you do ? 

Mr. Clements. So they were out. 

Mr. Kennedy. Did they come out of the car ? 

Mr. Clements. Some of them was out. 

Mr. Kennedy. Did you see anybody ? Did you recognize anybody ? 

Mr. Clements. Well, not out of that car, but the one that was down 
in the side of this man's yard was Perry Canaday. 

Mr. Kennedy. Of the teamsters' union ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Had he been outside your shop before that ? 

Mr. Clements. Yes ; several times. 



impejopeir activities est the labor field 7229 

Mr. Kennedy. Was lie sort of directing the activities, or did he give 
you that impression that he had an important position ? 

Mr. Clements. I had tliat feeling ; yes, sir. 

Mr. Kennedy. That was Canaday of the teamsters union ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. And some of these people got out of their cars ? 

Mr. Clements. So I got out. I had a gun. I had it in my hand, 
but I didn't shoot it. So they got back in their car. 

Mr. Kennedy. What did you do with the gun ? Did you point it at 
them? 

Mr. Clements. No ; I just had it in my hand. 

Mr. Kennedy. Did you say anything to them ? 

Mr. Clements. I don't remember the correct words that I did say. 

Mr. Kennedy. Generally what did you say to them ? 

Mr. Clements. I believe I told them that I would hurt one of them, 
or something to that effect, if they tried anything, so they left. 

Mr. Kennedy. They got back in their car ? 

Mr. Clements. They got back in their car. 

Mr. Kennedy. Then you drove on ? 

Mr. Clements. A^^ien they left, there is a little street down there, 
and they went down there, and there is a man's yard there, so they 
turned. During the time they were turning, I passed the street. 
When I passed the street, they come down and come around. Now, I 
ain't saying they stopped plumb still, but the best I remember — I know 
the door was open on the right-hand side. So when the door was open 
on the right-hand side, I shot. 

Mr. Kennedy. You shot? 

Mr. Clements. I shot at the car. 

Mr. Kennedy. And did they drive away then ? 

Mr. Clements. Yes. 

Mr. KJENNEDY. And there is a possibility you might have hit the car ; 
is that right ? 

Mr. Clements. Well, they drove, I would say, a distance of five 
blocks. They said I hit a tire. I don't know^ if I did or not. But 
they drove a distance of five blocks and they said the tire was torn up, 
I mean from being flat. 

The Chairman. You hit a tire ? You shot the tire on the car ? 

Mr. Clements. They said I did. 

Mr. Kennedy. Wliy did you shoot at the car ? 

Mr. Clements. Well, I mainly shot at the car — after hearing all 
this that they were going to beat me up, I thought maybe that might 
keep somebody from being hurt bad. 

Mr. Kennedy. Did you hear about the shooting again ? Wliat did 
you next hear about it ? Did the police get in touch with you or did 
you get in touch w^ith the police ? 

Mr. Clements. Tom Adams and Henry McCarver 

Mr. Kennedy. That is Tom Adams, your friend, the policeman ? 

Mr. Clements. Yes — told me that they went to the police station 
and swore that he done the shooting. 

Mr. Kennedy. That Tom Adams had done the shooting ? 

Mr. Clements. Yes, sir; so that night they went to see Canaday 
and talked to him, and they said he would not come out of the house. 
He was scared. They told him to come out, that they wasn't going 



7230 IMPROPER ACTivrriES iisr thE' labor feeld 

to hurt him, that there wasn't going to be nothing, that they just 
wanted to talk to him. So he come out and he told them about this 
guy Birthright, and some said he was from Indianapolis. He was a 
bit fat guy. They came to my house that night and told me that we 
had to go to the hotel in Nashville. 

Mr. Kennedy. Birthright is the international organizer of the bar- 
bers' union. What did he have to do with it ? He was coming down 
there? 

Mr. Clements. He was already there. I did not know he was 
there. He was in the hotel the next morning when we went up there. 

Mr. Kennedy. But anyway, you thought there was some claim that 
Adams had been responsible for the shooting ? 

Mr. Clements. That is the way I understood it. 

Mr. Kennedy. So what did you do ? 

Mr. Clements. We went up to join the union. 

Mr. Kennedy. You decided to join the imion ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Did you go to the police department first ? 

Mr. Clements. I had been to the police department a number of 
times. 

Mr. Kennedy. But did you go to the police department ? Did they 
question you ? 

Mr. Clements. Yes. 

Mr. Kennedy. You said you did not know anything about the 
shooting ? 

Mr. Clements. I did not know I told them that until I read the 
statement that was gotten from the police station. 

Mr. Kennedy. You went through a rather nervous period, I under- 
stand. 

Mr. Clements. Yes, sir. 

Mr. Kennedy. But the records show that you did not tell them any- 
thing about the shooting ? 

Mr. Clements. I read that ; yes, sir. 

Mr. Kennedy. You went and joined the union ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. And you received assurances from the union officials 
that they would not press the charge of shooting against you ? 

Mr. Clements. Well, that was the purpose of going up there ; yes, 
sir. Before I signed the paper, I made sure that something was said 
about everything what was going to be done, and he said everything 
was going to be all right. 

Mr. Kennedy. So you joined up with the union at that time ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. And subsequently you sold your shop ? 

Mr. Clements. And my house. 

Mr. Kennedy. You moved out of the city ? 

Mr. Clements. Yes, sir. 

Mr. Kennedy. Then you came back in within a couple of years after 
that? 

Mr. Clements. About 2 months after that. Two or three months. 

Mr. Kennedy. And you bought your shop back ? 

Mr. Clements. Well, yes, I got my shop back. 

Mr. Kennedy. Then when the union contract expired, you told the 
union that you would not renew it ; is that right ? 



impejOpek activities in the labor field 7231 

Mr. Clements. No, I didn't wait until it expired. I studied it over 
and thought it over, so I come back and quit then. 

Mr. Kennedy. You quit the union ? 

Mr. Clements. Yes. I told them to come and get their card, I did 
not want it. 

Mr. Kennedy. You were not frightened at that time ? 

Mr. Clements. Well, we will put it like this: I was worried. 

Mr. Kennedy. But you thought it was better not to be a member of 
the union ? You weren't that worried ? 

Mr. Clements. Well, you see, the people helped me build that shop 
back, because it was a help to the neighborhood, on account of their 
kids and all, and I did not feel like it was doing them right, after 
them helping me build the place, and then going and joining the union 
and overcharging them for the work that they got. So I just dropped 
out of the union. I got out of it. 

Mr. Kennedy. Did you lower your prices for haircuts then after 
you got out ? 

Mr. Clements. Yes, sir. 

Mr, Kennedy. Back to what price ? 

Mr. Clements. Well, I was getting a dollar at union prices then, and 
I cut them back to 75. But I am getting a dollar now. 

Mr. Kennedy. When did you have this conversation with the rep- 
resentative of the barbers union when you came back to the city? 
Was it a year ago ? 

Mr. Clements. Well, it was 2 or 3 months after I sold my house 
and shop, whatever date that was. 

Mr. Kennedy. But you are not a member of the union now ; is that 
right? 

Mr. Clements. No ; I am not. 

Mr. Kennedy. Did the union tell you at that time you would have 
any problems or trouble with them, any union official ? 

Mr. Clements. About the only thing, C. C. Sanders told me it 
looked like he was going to have to get rough with me. 

Mr. Kennedy. But you never heard from them again ? 

Mr. Clements. I have not. 

Mr. Kennedy. What did you do with the gun ? 

Mr. Clements. I have it. 

Mr. Kennedy. You still have it ? 

Mr. Clements. Yes. 

Mr. Kennedy. Do you have a license yet ? 

Mr. Clements. No ; I don't. 

Mr. Kennedy. Was your wife upset about all of this ? 

Mr. Clements. Yes. She is upset right now. 

Mr. Kennedy. As I understand it, over this period of a year you 
had, during 1953, three different instances of having your win- 
dows broken, your equipment destroyed, and you went to the 
police department, according to your testimony, asked for their assist- 
ance, and they said they did not mix in where labor disputes were 
involved. Then you have had the dynamiting of your store where 
you had $5,000 of damages. Then you and your neighbors rebuilt the 
store. Then you had this incident with the gun and finally you joined 
the union, and then told them that you were going to get out of the 
union ; is that right? 

Mr. Clements. Yes, sir. 



7232 IMPROPER ACTIVITIES ZNT THE LABOR FTEILD 

Mr. Kennedy. And the dynamiting took place, as I said, Mr. Chair- 
man, the same night as the dynamiting of McDowell's place. 

The Chairman. TVhy did you join the union? Wliat persuaded 
you ? 

Mr. Clements, Well, things were getting pretty tough. My wife, 
she is awful nervous and tore up. Like I said, she still is. I guess it 
all adds up to just getting rid of some of the pressure. 

The Chairman. In other words, you joined the union because you 
were intimidated and frightened by the violence that had occurred ? 

Mr. Clements. Well, if they did, I will say if they did, do that 
dynamiting, the man that done that would do that to your house. 

The Chairman. Yes, I understand. I am not saying who did it. 
But the fact that it was done had considerable influence with you 
joining the union ? 

Mr. Clements. Yes, it did. 

Senator McNamara. Mr. Chairman. 

The Chairman. Senator McNamara. 

Senator McNamara. The time of the damage to your property, the 
$5,000 worth of damage, how many chairs did you have ? 

Mr. Clements. I had four, I believe. 

Senator McNamara. All operating? 

Mr. Clements. Yes, sir. 

Senator McNamara. Were you a member at that time of the Master 
Barbers' Association ? 

Mr. Clements. At that time, no ; no, not when the shop blowed up, 
I wasn't. 

Senator McNamara. Had they been trying to get you to join their 
organization ? 

Mr. Clements. The master barbers ? 

Senator McNamara. What is that ? The master barbers ? 

Mr. Clements. Well, I joined the Master Barbers' Association to 
get some relief from this other. 

Senator McNamara. Then at the time when the store was damaged 
to the extent of $5,000, were you a member or were you negotiating ? 

Mr. Clements. No, sir. 

Senator McNamara. You had not been a member of the Master 
Barbers' Association ? 

Mr. Clements. No, sir. 

Senator McNamara. But subsequently you joined the Master Bar- 
bers' Association ? 

Mr. Clements. Yes, sir ; at one time I belonged to the Master Bar- 
bers' Association. 

Senator McNamara. Was that prior to making an agreement with 
the barbers' union or at the same time ? 

Mr. Clements. No ; that was after. If I remember correctly, it was 
after I had droj^ped out of the union. 

Senator McNamara. I do not understand your answer. You said 
it was after what ? After you joined 

Mr. Clements. Well, after I dropped out of the barbers' union. 

Senator McNamara. Then you became a member of the master 
barbers ? 

Mr. Clements. For a while ; yes, sir. 

Senator McNamara. For how long;? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7233 

Mr. Clements. Well, I can't give you the correct dates on that. 

Senator McNamara. Well, is it a month or a year ? 

Mr. Clements. I would say — let's say 6 months. 

Senator McNamara. During the period that you were a member of 
the ]Master Barbers' Association, did you collect the rate that was 
agreed upon for your haircuts, 75 cents or a dollar, whatever it was ? 

Mr. Clements. Well, they don't have a rate. The master bar- 
bers — you charge whatever is in your locality. 

Senator McNamara. They have an area rate ? 

Mr. Clements. An area rate ; yes. 

Senator McNamara. Did you collect the area rate, then ? 

Mr. Clements. Yes, sir. 

Senator McNamara. You agreed to go along with the terms of the 
Master Barbers' setup ? 

Mr. Clements. Yes, sir. 

Senator McNamara. Then you subsequently dropped that, too? 
You were not a member of the master barbers after 6 months ? 

Mr. Clements. No ; they told me that I would have to fully cooper- 
ate with local 35 on prices, hours, and all regulations, so I dropped out 
of that. 

Senator McNamara. Who set the prices for the haircut? Was it 
the Master Barbers' Association or the union or between them jointly ? 

Mr. Clements. Local 35. They have a union scale. 

Senator McNamara. Well, that is payment to your barbers, but 
that does not establish the price that you charged the public ; did they ? 

Mr. Clements. No; it is not payment to your barbers. It is the 
amount I charge you for cutting your hair. 

Senator McNamara. In the union contract, you agreed to charge a 
certain amount ? 

Mr. Cleinients. Yes, sir. 

Senator McNamara. And that is the same amount that the Master 
Barbers' Association 

Mr. Cleinients. No, the Master Barbers' Association don't have a set 
rate on what I charge you for your haircut. 

Senator McNamara. You can be a member of the Master Barbers' 
Association and charge whatever you want ? 

Mr. Cleiments. Charge anything you want to. 

Senator McNamara. Isn't that an unusual setup from what you 
know about barber associations ? 

Mr. Clements. Well, just to be perfectly frank with you, I don't 
want to belong to any of it. 

Senator McNamara. You mentioned the fat man that came from 
Cincinnati or Indianapolis ? 

JNIr. Clements. That is what I was told ; yes. 

Senator McNamara. Did you meet him ? 

Mr. Clements. Yes, sir. 

Senator McNamara. Did you say his name was Birthright ? 

]\Ir. Clements. Yes, sir. 

Senator McNamara. Was he a high official of the Barbers Inter- 
national Union ? 

Mr. Clements. Tliat is v^hat he said. 

Senator McNamara. Was he the international president of the 
barbers union ? 



7234 IMPROPER ACTIVITIES IN^ THE LABOR FIELD 

Mr. Clements. I really don't know. 

Senator McNamara. What business did you have with this stout 
man from Indianapolis that you thought was Mr. Birthright? What 
business did you do with him ? 

Mr. Clio.'^ents. I went up there and joined the union. 

Senator McNamara, He asked you to join the union ? 

Mr. Clements. Well, we just went up there and he was there. Yes ; 
he asked me to join the union. We joined the union right there. 

Senator McNamara. You joined at that point ? 

Mr. Clements. Yes, sir. 

Senator McNamara. When he came in the picture ? 

Mr. Clements. Yes, sir. 

Senator McNamara. Now, you mentioned that Mr. Adams was 
called off, or he was a sort of a partner and he put some money in 
your business. How much money did he put in? Was it $100 or 
more? 

Mr. Clements. I don't remember just the right figure right now 
and I could not give you a correct answer on that. 

Senator McNamara. It was more than $1 ? 

Mr. Clements. Oh, yes. 

Senator McNamara. Not as much as $100 ? 

Mr. Clements. I think it was a little over $100 and I don't know 
how much it was right at that particular time, but it had been over 
$100. 

Senator McNamara. For this was he to get a share of the profits in 
your business ? 

Mr. Cleiments. No, sir. 

Senator McNamara. For this he was to be paid a certain amount 
every week or something like that ? 

Mr. Clements. No, sir. 

Senator McNAjr \ra. What was he to get out of it ? 

Mr. Cleiments. Well, I would pay him back, when I made it. 

Senator McNamara. You would pay him back what he put into it? 

Mr. Clements. Yes, sir. 

Senator McNamara. Then it was more of a loan and investment in 
the business ; is that right ? 

Mr. Clements. Well, I don't know what you would call it. 

Senator McNamara. What did you consider it, a loan or an invest- 
ment in the business ? 

Mr. Clements. Well, either one he would rather have. 

Senator McNamara. What is that ? 

Mr. Clements. Either one that he would rather have. 

Senator McNamara. No ; you got more than $100 from Mr. Adams 
which you used in your business, as I understand from the record; 
is that right ? 

Mr. Clements. Like I say, I could not give you the correct figures 
as to how much. 

Senator McNamara. You do agree there was more than $100 ? 

Mr. Clements. At one time there was. 

(At this point. Senator Kennedy entered the hearing room.) 

Senator McNamara. Was it as much as $200 at this time that you 
are talking about ? 

Mr. Clements. I couldn't say. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7235 

Senator McNamara. Then, to the best of your knowledge and 
belief, it was between $100 and $200 ; is that right 'i 

Mr. Clements. I wouldn't make a statement on that because I 
couldn't remember. 

Senator McNamar^v. You have said it was more than $100. 

Mr. Clements. At one time, it was. 

Senator McNamara. At one time it was more than $100 ? 

Mr. Clements. Yes, sir. 

Senator McNamara. Did he get his money back ? 

Mr. Clements. Yes, sir. 

Senator McNamara. Did you consider the money that he put into 
your business as a loan ? 

Mr. Clements. To tell you the truth, I had not thought about it. 

Senator McNamara. Do you now consider it was a loan 'i 

Mr. Clements. Well, I would consider it more or less just friend- 
ship. 

Senator McNamara. But the police department of Nashville ob- 
jected to your friend loaning you more than $100 to be used in your 
business according to your testimony. 

Mr. Clements. No ; I don't think that I said that. 

Senator McNamara. Well, previously you said that Mr. Adams put 
some money into your business. 

Mr. Clements. Yes, sir. 

Senator McNamara. But the police department told him he had 
to get away from that business and he could not be there any more; 
is that right ? Is that your previous testimony ? 

Mr. Clements. Not because of the money. 

Senator ^McNamara. What was the cause of it ? 

Mr. Clkacents. I don't know. 

Senator McNamara. You do not know ? 

Mr. Clements. No. 

Senator McNamara. All right. You had several contacts with the 
Nashville Police Department and they told you in substance that they 
did not want to mess with any labor trouble ; is that your testimony ? 

Mr. Clements. They did not want to get involved in any labor 
trouble. 

Senator McNamara. You said you had several contacts with them 
and this is what they told you. 

Mr. Clements. Yes, sir. 

Senator McNamara. You said you do not remember who told you 
in all of these instances, but you must remember one name in the 
police department who told you this ; do you not ? 

Mr. Clements. I had so much of that, I couldn't rightly say. 

Senator McNamara. You could not say you remember the name of 
one police official who told you they did not want to mess with labor 
trouble ? 

INIr. Clements. Well, the sheriff told me and my partner. 

Senator ]McNA:irARA, I am not talking about the sheriff. I am talk- 
ing about the Nashville Police Department, because these are the people 
that you said you went to several times. 

Mr. Clements. I was talking about the Nashville law-enforcement 
officers. 

Senator McNamara. All right ; now then, it was the sheriff's depart- 
ment that told you this and not tlie Nashville Police Department ? 



7236 IMPROPER ACTIVITIEIS IN THE LABOR FIELD 

Mr. Clements. I will tell you what the sheriff told me. He told me 
that he would have to see his lawyer before he could say what he could 
do. 

Senator McNamara. He did not tell you that he did not want to 
mess with labor trouble ? 

Mr. Clements. He left the impression on me of the same. 
Senator McNAsrARA. You assumed this, and nobody told you then, 
they did not want to mess with labor troubles. 

Mr. Clements. They told me that they did not usually mess or 
usually fool with labor fellows. 

Senator ]\IcNamara. They did not want to become involved ? 

Mr. Clements. That is right. 

Senator McNamara. Who told you ? Come on, you know who told 
you. ^Yh.o did you go to in the police department ? 

Mr. Clements. I saw everybody down there and I just wouldn't say 
who it was. I just couldn't say truthfully who told me that. 

Senator INIcNamara. You do not know how much money Adams put 
in the business and you don't know who told you that the police depart- 
ment did not want to mess with it, and you do not know whether it 
was the sheriff's office or the Nashville Police Department, and you 
do not know much, do you ? 

That is all, Mr. Chairman. 

The Chairman. Are there any further questions ? 

Senator Curtis. Mr. Chairman, I have a question. 

Did the police department ever talk to you about this shooting in- 
stance where you had the gun out and you shot and the accusation 
was made that you hit a tire on the car ? Did any police officer ever 
talk to you about that ? 

Mr. Clements. Not as I recall ; no, sir. 

Senator Curtis. The statement or the inference that if you joined 
the union, that charge would not be pressed, then, came from individ- 
uals other than the police ; is that right ? 

Mr. Clements. It did. 

Senator Curtis. You referred to this neighborhood in which you 
had the barbershop and the needs and wishes of the people around 
there. ^Vliat sort of a neighborhood is it ? Is it away from downtown ? 

Mr. Clements. Yes ; it is on the outskirts of town and it is in the 
city limits but on the outskirts. It is a good neighborhood and they 
are nice, clean working people and they do not have a lot of money 
and they buy homes and they have children in school and they have 
all of their home expenses. 

I just did not feel like they were able to pay a tremendous price for 
a haircut. 

Senator Curtis. It was those people who helped you individually 
and who belonged to the churches and the clubs that also helped you ? 

Mr. Clements. That is right. 

Senator Curtis. You felt an obligation to them ? 

Mr. Clements. Well, I felt like it wouldn't be right to overcharge 
them. 

Senator Curtis. Do you operate now in that same neighborhood ? 

Mr. Clements. Yes, sir. 

Senator Curtis. That is all. 

Senator McNamara. I have a question. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7237 

Why did you not obtain a permit for this gun that you still have in 
your possession ? 

Mr. Clements. Well, I figured they wouldn't give it to me under 
those circumstances. 

Senator McNamara. On account of what ? 

Mr. Clements. Under the circumstances, I figured I couldn't get 
one. 

Senator McNamara. Are you not a responsible businessman and 
you have demonstrated a need for a gun to protect yourself and your 
family ? Why should they not give you a permit to carry a gun ? 

Mr. Clements. I did not ask for one, and I don't know if they 
would have or would not, but I just assumed they wouldn't. 

Senator McNamara. If you do not have a police record and you are 
a businessman, and you show a need for a gun to protect yourself and 
your business, you should get one. There is no reason in the world 
why you should not. Do you have a police record ? 

Mr. Clements. No, sir. 

Senator McNamara. I do not understand why you do not get a 
permit for this gun and have a right to use it and have a right to carry 
it and protect your business. But you just have not made an appli- 
cation ? 

Mr. Clements. No, sir. 

Senator McNamara. That is all. 

The Chairman. Thank you very much. 

Call the next witness. 

]VIr. IvENNEDT. Mr. Easmussen. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth and nothing but the truth so help you God ? 

Mr. Kasmussen. I do. 

TESTIMONY OF WALLACE RASMUSSEN 

The Chairman. State your name and your place of residence and 
your business or occupation. 

Mr. Rasmussen. Wallace Rasmussen, Route 2, Brentwood, Tenn., 
district manager for Beatrice Food Co. 

The Chairman. Do you waive counsel ? 

Mr. Rasmussen. Yes, sir. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. Kennedy. You were district manager during 1953 for the 
Beatrice Food Co. ? 

Mr. Rasmussen. No, sir. 

Mr. Kennedy. Wliat position did you hold ? That is the position 
you have at the present time ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. Were you with them at that time ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. "Wliat position did you hold ? 

Mr. Rasmussen. Plant superintendent. 

Mr. Kennedy. Were the teamsters making an effort to organize that 
company, the employees of that company, the drivers ? 

Mr. Rasmussen. That is right. 



7238 IMPROPER ACTIVITIES IIN^ THE LABOR FIELD 

Mr. Kennedy. During 1953 ? 

Mr. Kasmussen. Yes, sir. 

Mr. Kennedy. About what month was that ; when did it occur ? 

Mr. Kasmussen. It was in the spring, I would say, of 1953. 

Mr. Kennedy. Did you already have a contract with any union ? 

Mr. Kasmussen. Yes, sir ; we had a contract with the CIO. 

Mr. Kennedy. What union of the CIO ? 

Mr. Kasmussen. Wholesale Department and Ketail and Department 
Store Workers Union ? 

Mr. Kennedy. What local number is that ? 

Mr. Kasmussen. 761. 

Mr. Kennedy. Did you have an altercation around April 19, 1953, 
with some representatives of the teamsters union ? 

Mr. Kasmussen. Yes, sir. 

Mr. Kennedy. Could you tell the committee what happened in con- 
nection with that ? 

Mr. Kasmussen. I was walking up through our garage in this par- 
ticular afternoon and saw one of our former employees standing in 
the doorway, who we had let go 2 or 3 weeks previously. So I thought 
I would see what he was doing back. 

I started a conversation with him and he had a person with him. 
I turned my back to this person and he took a swing at me when I 
turned my back to him. I turned around and said, "A^^io are you ?" and 
he said, "I have some unfinished business with you." 

I said, "I don't even know you." So I stepped back in the office 
there and I asked the boys in the office to call the police. Then I went 
back out, and I followed them up in front of the office door. Then 
he took another swing at me, so I thought I would at least hold him 
there until the police got there, and I grabbed him around the head and 
headed for the office, and about that time I got in the office door some- 
one hit me on the head. Of course I let loose of the two fellows. 

Mr. Kennedy. This other person hit you on the head from the back, 
did he? 

Mr. Kasmussen. He hit me from the side. 

Mr. Kennedy. With his fist ? 

Mr. Kasmussen. I don't know. From the welt it left on my head, I 
question it. 

Mr. Kennedy. You were stunned, were you ? 

Mr. Kasmussen. Yes, sir. 

Mr. Kennedy. Did you see what happened to them after that? 

Mr. Kasmussen. The fellow that hit me ran back across the street 
and got into his car, and the other two boys went up the street. 

Mr. Kennedy. Were you able to identify the man who hit you 
atall? 

Mr. Kasmussen. Only that he wore a hearing aid. 

Mr. Kennedy. Were ^ cu able to identify the car ? 

Mr. Kasmussen. We' asked several employees around there if they 
saw the car that he got into and through the description that they 
gave us we were able to trace the car. 

Mr. Kennedy. Did you turn this over to the police ? 

Mr. Kasmussen. We called the police and the police came out, and I 
thought that the person tliat did the hitting was another individual 
and they got this ]:)erson, but it turned out it wasn't. That was the last 
the police ever got into the picture. 



IMPBOPEK ACTIVITIES IN THE LABOR FIELD 7239 

Mr. Kennedy. Did you tell them that you could identify any of the 
people, other than the one ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. Did they come back to interview you ? 

Mr. Rasmussen. No, sir. 

Mr. Kennedy. Did you tell them of the problem that you were 
having with the teamsters union ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. They never showed you any pictures ? 

Mr. Rasmussen. No, sir. 

Mr. Kennedy. And you told them you thought this fellow was 
wearing a hearing aid ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. And they never came back to see you again ? 

Mr. Rasmussen. No. 

Mr. Kennedy. Did you hire some private investigators to make 
an investigation, yourself ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. Could you tell the committee what you found out 
then ? 

Mr. Rasmussen. We hired this private investigator to help us find 
the individuals who did the assaulting. I knew one of them and 
the other two we did not know. 

Mr. Kennedy. Which one did you know ? 

Mr. Rasmussen. We knew Bobby Marston, who was a former em- 
ployee. 

Mr. Kennedy. He was the one you were talking to ? 

Mr. Rasmussen. That is right. Through the description of the 
automobile the manager of the plant at that time and myself, drove 
all over Nashville looking for that particular car. We finally located 
the car or we thought it was, and got the license number and had it 
traced or had them check to see who the automobile belonged to, and 
it belonged to Smith, W. A. Smith. 

Mr. Kennedy. Were you able to identify the third individual ? 

Mr. Rasmussen. We kept watching for the third individual, and 
when we found him they picked him up and the ]\Iarston boy and then 
they took me to this Smith's home and I identified him and they 
took him. 

Mr. Kennedy. The police arrested them ? 

Mr. Rasmussen. No, sir. 

Mr. Kennedy. Who is "they" ? 

Mr. Rasmussen. This investigator had a man working for him 
who worked also in the police department, but he worked part time 
for him, and he is the one who took him down to the police station. 

Mr. Kennedy. He took him down to the police station ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. And you turned him over to the police at that time ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. All three individuals ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. Did you pursue the matter ? 

Mr. Rasmussen. They were let out with a $50 bond and then we 

89330— 58— pt. 18 13 



7240 IMPROPER ACTIVITIES EST THE LABOR FIELD 

were advised by our attorney that it would be better to drop it because 
it wouldn't do us any good to pursue it. 

Mr. Kennedy. Why didn't he think that it would produce any 
good ? 

Mr. Rasmussen. Well, from previous trouble that they had gotten 
into with unions, it wouldn't be favorable as far as we were concerned. 

Mr. Kennedy. So you thought, despite all of this work, and appre- 
hending the people that had beaten you, you felt, on the advice of 
your attorney, that it was not worthwhile pursuing the matter because 
nothing would come of it anyway ? 

Mr. Rasmussen. That is right. 

Senator Kennedy. May I just ask a question there? What kind of 
a police force is it where you have to hire private investigators who 
hire a policeman part time, so that, when you want to have someone 
apprehended for this sort of action, you have to pay him and he goes 
down and gets this policeman who then uses his position with the 
police department to take the man down to the station ? 

Mr. Rasmussen. This fellow that he had working for him was 
really an identification officer for the police department. 

Senator Kennedy. In other words, the reason he arrested him was 
not based on the investigation by the police department, but it was 
based on an investigation by a private investigator ? 

Mr. Rasmussen. That is right. 

Senator Kennedy. Does that not seem to you like an odd way to 
run a police force ? 

Mr. Rasmussen. It certainly does, to me. 

Senator Curtis. What city was this ? 

Mr. Rasmussen. Nashville, Tenn. 

Senator McNamara. You were formerly an organizer for the team- 
sters union in Nashville ? 

Mr. Rasmussen. Are you speaking to me, sir ? 

Senator McNamara. Yes. 

Mr. Rasmussen. You have the wrong person. 

Senator McNamara. What is your name ? 

Mr. Rasmussen. Wallace Rasmussen, What is your name, sir ? 

Senator McNamara. I am Senator McNamara, from Michigan. You 
say you were not the district manager of the Beatrice Food Co., in 
Nashville, at the time of this first incident ? 

Mr. Rasmussen. That is right. 

Senator McNamara. When did you become the district manager ? 

Mr. Rasmussen. On June 1 of this year. 

Senator McNamara. Do you know the gentleman whose name I 
mentioned to you previously, Mr. Jesse Reeves ? 

Mr. Rasmussen. Yes, sir ; I know Jesse Reeves very well ; yes, sir. 

Senator McNamara. Apparently, I had the wrong sheet. You are 
presently the district manager, as I understand it. 

Mr. Rasmussen. Yes, sir. 

Senator McNamara. Whom did you contact in the police depart- 
ment about these things ; the chief of police ? 

Mr. Rasmussen. Sir, I called them on the telephone, and I don't 
know whom I talked to. 

Senator McNamara. You do not know whom you talked to ? 

Mr. Rasmussen. No. 



niPBOPEE ACTIVITIES IN THE LABOR FIELD 7241 

Senator McNamara. You thought letting these people out on $50 
bond was not exactly right ; is that right ? 

Mr. Kasmussen. I know they would not let me out on $50 bond in a 
similar case. 

Senator McNamara. So, you are suspicious that there is collusion 
between the police department and these people who are carrying on 
these improper activities ? 

Mr. Kasmussen. It would seem that way ; yes. 

Senator McNamara. You never attempted to check with the chief 
of police or his superiors in Nashville ? 

Mr. Rasmussen. No, sir. 

Senator McNamara. Is he appointed by the mayor with the setup 
there? 

Mr. Kasmussen. Yes, sir. 

Senator JNIcNamara. You never attempted to contact the mayor's 
office about it ? 

Mr. Kasmussen. No. 

Senator McNamara. Do you have any explanation of that, since 
you were unsatisfied with the telephone conversation with the police 
department ? Do you not have any explanation for not going further 
with it? 

Mr. Kasmussen. From our experience, if you want to get some- 
thing done, you have got to get it done right away, and they were not 
doing anything or they had never come back after the first trip 
out there, and so it was our decision that we would at least get to 
the bottom of it and find out who did the job. 

Senator McNamara. You did this by hiring private agents ? 

Mr. Kasmussen. That is right. 

Senator McNamara. You made no attempt to contact the police 
department, other than a teleplione call ; is that right ? 

Mr. Kasmussen. That is right. 

Senator McNamara. That is all. 

The Chairman. Is there anything f urtlier ? 

Mr. Kennedy. How much did it cost you to make this private 
investigation of your own ? 

Mr. Kasmussen. Approximately $3,000. 

Mr. Kennedy. After that, did you have any damage done to any 
of your automobiles of your company ? 

iVIr. Kasmussen. We had sirup and sugar put in the gas tanks of 
our trucks. 

Mr. Kennedy. How many trucks were involved ? 

Mr. Kasmussen. We had eight trucks that were mechanically dam- 
aged, and there were others that had sugar and sirup put in, but we 
caught them before the engines were started, and drained the tanks 
and washed them out. 

Mr. Kennedy. Was that reported to the police ? 

Mr. Kasmussen. No, sir. 

Mr. Kennedy. You did not report it ? 

Mr. Kasmussen. No, sir. 

Mr. Kennedy. Why not ? 

Mr. Kas]mussen. We felt it would do no good. 

Mr. Kennedy. Was it just the general feeling and general opinion 
in your city and around there that the police department would not 



7242 IMPROPER ACTIVITIES EST THE LABOR FIELD 

do anything even if you reported these acts of violence against your- 
self or your property ? 

Mr. Kasmussen. Yes, sir. 

Mr. Kennedy. It was just accepted, and was not worth while re- 
porting ? 

Mr. Kasmussen. That is right. 

Mr. Kennedy. Did you get any sworn statements at a later date 
as to those responsible for this ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. Did you turn that over to the police ? 

Mr. Rasmussen. They were turned over to the district attorney, or 
the attorney general. 

Mr. Kennedy. As I understand it, through your own investigative 
work again, you were able to find out who was responsible for some 
of these sirupings, is that correct ? 

Mr. Rasmussen. That is correct. 

Mr. Kennedy. You got sworn statements regarding that ? 

Mr. Rasmussen. Yes, sir. 

Mr. Kennedy. And you turned that over to the district attorney? 

Mr. Rasmussen. That is right. 

Mr. Kennedy. Was anybody ever arrested in connection with that? 

Mr. Rasmussen. No, sir. 

Mr. Kennedy. Was anything ever done in connection with it ? 

Mr. Rasmussen. No, sir. 

Mr. Ejinnedy. Even though you had the evidence and the informa- 
tion? 

Mr. Rasmussen. That is right. 

Mr. Kennedy. Who was the district attorney at that time? 

Mr. Rasmussen. Loser. 

Mr. Kennedy. Nothing was ever followed up on that ? 

Mr. Rasmussen. No, sir. 

Mr. Kennedy. You never appeared before a grand jury ? 

Mr. Rasmussen. No, sir. 

Senator McNamara. I would like to ask the witness, do you still 
have the same police chief now that you had in those days? 

Mr. Rasmussen. I don't believe so. I believe it is changed. 

Senator McNamara. You do not know ? 

Mr. Rasmussen. No. 

Senator McNamara. You still have the same mayor ? 

Mr. Rasmussen. No, sir. 

Senator McNamara. Do you have a new mayor ? 

Mr. Rasmussen. Yes, sir. 

Senator McNamara. Have conditions changed any ? 

Mr. Rasmussen. I haven't had anything to bring up, any occasion 
to find out if they have changed, sir. 

Senator McNamara. You are not familiar with what goes on, gen- 
erally, in the area, then ? 

Mr. Rasmussen. Well, no, not as far as that is concerned. 

Senator McNamara. As far as you know there has been no change ? 

Mr. Rasmussen. No. 

Senator McNamara. That is all. 

The Chairman. What I do not understand is this: You were 
already unionized, is that right ? 

Mr. Rasmussen. That is correct. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7243 

The Chairman. What was the purpose of the teamsters trying to 
unionize you? 

Mr. Rasmussen, The teamsters, apparently, felt like the employees 
would like to have a different union in there, I guess. 

The Chairman. Did you select the first union for them ? 

Mr. Rasmussen. No, sir. 

The Chairman. How did you come to sigTi a contract with the first 
union ? 

ISIr. Rasmussen. By election of the people. 

The Chairman. In other words, they held an election ? 

Ml'. Rasmussen. Yes, sir. 

The Chairman. And the majority voted for that union? 

Mr. Rasmussen. Yes, sir. 

The Chairman. Is that correct? 

Mr. Rasmussen. That is correct. 

The Chairman. Therefore, you signed a contract with that union ? 

]\Ir. Rasmussen. That is right. 

The Chairman. How long had that been before the teamsters began 
bothering you? 

Mr. Rasmussen. I would say maybe a year. 

The Chairman. Some year before your plant had become unionized ? 

Mr. Rasmussen. Yes, sir. 

The Chairman. And you were still under union contract with that 
union ? 

Mr. Rasmussen. Yes, sir. 

The Chairman. What did the teamsters do ? I do not quite under- 
stand that. I thought when a shop was unionized it was miionized. 
Is this a kind of a jurisdictional issue or something? 

Mr. Rasmussen. I would say so; yes, sir. 

The Chairman. Do you have anything to do with that? 

ISIr. Rasmussen. Did I ? 

The Chairman. Yes. 

Mr. Rasmussen. No. 

The Chairman. The management would have nothing to do with 
that? 

Mr. Rasmussen. No, sir. 

The Chairman. The men that voted for the other union would have 
that? 

Mr. Rasmussen. Yes, sir. 

The Chairman. Was the teamsters union contesting that election? 

Mr. Rasmussen. The teamsters were contesting the validity of the 
contract that we had. 

The Chairman. Well now, in the election, when the men voted for 
this union— what is that union? 

Mr. Rasmussen. CIO Retail, and "Wholesale Department Store 
Workers. 

The Chairman. When your men voted for that was there an issue 
or a contest between the teamsters union and that union at the time the 
men voted ? 

Mr. Rasmussen. No, sir. 

The Chairman. Was there a contest as between any otlier union and 
that union ? 

Mr. Rasmussen. No, sir. 



7244 IMPROPER ACTIVITIEiS EST THE LABOR FIEiLD 

The Chairman. The issue was whether they wanted to belong to 
a union ? 

Mr. Rasmussen. Yes, sir. 

The Chairman. x\nd to belong to that union only. 

Mr. Rasmussen. That is right. 

The Chairman. And they voted that way, a majority of them ? 

Mr. Rasmussen. That is right. 

The Chairman. And, therefore, you complied and you conformed. 

Mr. Rasmussen. That is right. 

The Chairman. And you say the teamsters were contesting the 
validity of that contract? 

Mr. Rasmussen. That is right. 

The Chairman. In what way ? '\Aniat was their objection ? 

Mr. Rasmussen. That all of the employees were not members. 

The Chairman. All of them were not members ? 

Mr. Rasmussen. That is right. 

The Chairman. In that contract did the contract provide that only 
those wlio wanted to belong should belong ? 

Mr. Rasmussen. In the State of Tennessee, you don't have to belong 
to a union. 

The Chairman. I understand, but in other words you could not 
make under the law of the State — I guess they have a right-to- work 
law and under that law you could not compel those who did not 
want a union to belong to it. 

Mr. Rasmussen. That is right. 

The Chairman. And so this all grew out of the teamsters taking 
issue or offense at a contract that did not compell all of them to join 5 

Mr. Rasmussen. That is correct. 

( Members present at this point were Senators McClellan, Kennedy, 
McNamara, and Curtis.) 

The Chairman. Wliat were they trying to get you to do about it? 

Mr. Rasmussen. They wanted us to sign a contract with them 
covering the employees which were most of our drivers. 

The Chairman. Covering all of the employees and compelling them 
to join the union? 

Mr. Rasmussen. Right. 

The Chairman. Had you consulted your attorney about it? 

Mr. Rasmussen. That is right. 

The Chairman. What did your attorney advise you with respect 
to this? 

Mr. Rasmussen. That we had a legitimate contract and that the 
contract we had was sufficient. 

The Chairman. Did they make any threats against your plant, the 
teamsters, or anyone representing the teamsters ? Did they make any 
threats to you or to the management ? 

Mr. Rasmussen. Not to me personally ; no, sir. 

The Chairman. Do you know of any threats they made before this 
violence occurred? 

Mr. Rasmussen. No, sir. 

The Chairman. It just occurred ? 

Mr. Rasmussen. Right. 

The Chairman. You don't know who committed the violence ? 

Mr. Rasmussen. The violence on myself? Yes, sir; I know that. 



UMPBOPER ACTIVITIES- IN THE LABOR FIELD 7245 

The Chairman. I know on yourself, but I am talking about the 
violence to the plant. 

Mr. Easmussen. The sabotage of the trucks ? 

The Chairman, Yes. 

Mr. Easmussen. Yes, sir ; we know who did it. 

The Chairman. You know who did it ? 

Mr. Easmussen. Yes, sir. 

The Chairman. And you turned that over to the prosecuting 
attorney ? 

Mr. Easmussen. Yes, sir. 

The Chairman. Do you call him the district attorney ? 

Mr. Easmussen. The State district attorney. 

The Chairman. How long a^o was that ? 

Mr. Easmussen. In 1953, in August, approximately. 

The Chairman. 1953 ? 

Mr. Easmussen. Eight. 

The Chairman. I suppose the statute of limitations may have run 
against it before now ? 

Mr. Easmussen. I expect that. 

The Chairman. But you had positive proof ? 

Mr. Easmussen. Signed statements of witnesses. 

The Chairman. Of whom ? 

Mr. Easmussen. Of people who collaborated with them to put sirup 
in the tanks. 

The Chairman. And no action was taken ? 

Mr. Easmussen. That is right. 

The Chairman. How much damage was done by reason of the 
sirup ? 

Mr. Easmussen. Approximately $2,000. 

The Chairman. How much would have been done if you had not 
discovered some of it in time to prevent damage ? 

Mr. Easmussen. I would say twice that amount. 

The Chairman. In other words, by your alertness in discovering it, 
I do not know whether it was alertness or an accidental discovery, you 
saved about $2,000 in damages that would have occurred ? 

Mr. Easmussen. That is right. 

The Chairman. Is there anything further ? 

Senator McNamara ? 

Senator McNamara. You mentioned a former employee that was 
involved in this negotiation. Did he then represent the teamsters 
union ? 

Mr. Easmussen. Did he represent the teamsters union ? Not to my 
knowledge. 

Senator McNamara. How did he enter into the negotiations in deal- 
ing with you in this matter % 

Mr. Easmussen. This former employee was the one that was stand- 
ing in the doorway when I had this assault. 

Senator McNamara. He was just standing in the doorway % 

Mr. Easmussen. Eight. 

Senator McNamara. What was the nature of his leaving? Did you 
fire him, or did he quit ? 

Mr. Easmussen. Yes ; he c^uit — no ; he didn't quit ; we fired him. 

Senator McNamara. For what reason ? 



7246 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Easmussen. He was on a truck driving a truck for us ; I don't 
rememebr the exact reason why we let him go, but I believe it was 
because we were having trouble with some of them turning in their 
money, collections, and I think he was one of them we were having 
trouble with. 

Senator McNamara. Do you remember whether or not he was a 
member of the union ? 

Mr. Kasmussen. A member of the CIO, the union we had in the 
plant ? I believe he was ; yes, sir. 

Senator McNamara. He was one of those that chose to belong to the 
union ? 

Mr. Rasmussen. Right. 

Senator McNamara. That is all. 

Mr. Kennedy. I might just say in connection with that individual, 
he has been linked already in testimony to the siruping of trucks, and 
he has a police record with a number of arrests. 

The Chairman. Is that the one that was discharged, Marston ? 

Mr. Rasmussen. Right ; Bobby Marston. 

(At this point. Senator Kennedy withdrew from the hearing room.) 

The Chairman. Is there anything further? If not, thank you 
very much. 

Call the next witness. 

Mr. Kennedy. Mr. Jesse Reeves. 

(Present at this point were Senators McClellan, McNamara, and 
Curtis. ) 

The Chairman. You do solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Reeves. I do. 

TESTIMONY OF JESSE REEVES 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Ree\tss. My name is Jesse Reeves, I reside at 111 Dell way Drive, 
Nashville, Tenn. I am an automobile salesman for Oak Motors, also 
of Nashville. 

The Chairman. Do you waive counsel ? 

Mr. Reeves. Yes, sir. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. Kennedy. You were an organizer for the teamsters from 
August 1952 to January 1954 ; is that right ? 

Mr. Reey^es. That is correct, sir. 

Mr. Kennedy. During that period of time were you making an 
effort to organize the drivers for the Beatrice Food Co. ? 

Mr. Reeves. That is correct, sir. 

Mr. Kennedy. Did you have a dispute or were you present during 
an altercation with Mr. Rasmussen of that company ? 

Mr. Reeves. That is correct, sir. 

Mr. I^nnedy. And this was while you were an organizer for the 
teamsters, yourself ? 

Mr. Reeves. That is right, sir. 



imprjOper activities in the labor field 7247 

Mr. Kennedy. Would you tell tlie committee tlie events that pre- 
ceded that and then whatever information you have regarding that 
matter ? 

Mr. EEE^^:s. Well, we were in the process of organizing the em- 
ployees of Beatrice Foods, better known as Meadow Gold, I believe, 
in that area. They belonged to the CIO District 50, or local 761, or 
something of that sort. I was trying to organize them and take them 
away from this union and which I did, organize the people. We was 
in the process of trying to get the employer to go along with the fact 
that we should represent them as their bargaining agent at that time. 
I had a meeting with Mr. Rasmussen's boss at that time — I don't recall 
the gentleman's name — at 10 o'clock that morning, I believe it was, 
and he told me at that time that he did not want any part of the 
teamsters, that his employees had decided they did not want to join the 
teamsters and told me to get off of his premises and not come back. 

So, on my way out, I asked 1 or 2 of the employees who they thought 
was the one that enticed them to change their minds and they said 
that Mr. Rasmussen was the gentleman that did it. So I went across 
the street, opposite from the Beatrice Foods, and called Don Vestal. 

Mr. Kennedy. Mr. Don Vestal was president of local 327 ? 

Mr. Ree^^s. That is correct, sir, and I told him at that time that 
the employer had ordered me off his premises and that they wanted 
no part of the teamsters at that time. So he asked me if I had 
knowledge of who was the instigator in having the employees change 
their mind. I told him that Mr. Rasmussen — the employees told me 
that Mr. Rasmussen was thb gentleman that changed their minds. 
He said that he would have that situation taken care of, for me to just 
stay put. Well, some 30 or 35 minutes later I saw W. A. Smith come 
around the block, trying to find a place to park. The second time 
he came aroimd he got out of the car in the middle of the heavy traffic 
and ran across the street and attacked Mr. Rasmussen, but I was on 
the opposite side of the street when the instance happened. 

Mr. Kennedy. Wlio was attacking him ? 

Mr. Reeves. W. A. Smith. 

Mr. Kennedy. And anybody else ? 

Mr. Reeves. Well, I saw Bobby Marsten and Henry T. Monk. 

Mr. Kennedy. Henry T. Monk ? 

Mr. Reeves. Yes. 

Mr. Kennedy. Wliat was Henry T. Monk's position ? 

Mr. Reeves. He didn't have any position. 

Mr. Kennedy. He was just a member of the teamsters, of local 327? 

Mr. Reeves. Yes, sir. 

Mr. Kennedy. And he was the third person present ? 

Mr. Reeves. Yes. 

Mr. Kennedy. The only person you saw hitting Mr. Rasmussen was 
W.A.Smith? 

Mr. Ree\^s. That is correct. There were several automobiles and 
trucks that kept me from seeing clearly, but when Smitty got out of 
the automobile and ran across the street, of course, I followed him as 
near as I could with my eyesight and I did see him strike him. About 
5 minutes later, the police arrived. 

Mr. Kennedy. After Smith had hit him, he ran and got in this 
truck, is that right, or his car, and drove away ? 



7248 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Reeves. I don't know what automobile he got in, sir, but he 
did get in a car. 

Mr. IvENNEDY. He came out of the store, ran down the street, and 
got in a car ? 

Mr. Reeves. As well as I could see, he attacked Mr. Rasmussen in 
the door of the office building. 

Mr. Kennedy. And after that took place, he ran out of there and 
got in the car and drove away ; is that right ? 

Mr. Reeves. Yes. 

Mr. Kennedy. Subsequently the police came. Did you ever hear 
anything further about that? Were you ever interviewed by the 
police yourself ? 

Mr. Reeves. No, sir. 

Mr. Kennedy. As I understand it, after this assault took place, 
there were some siruping of some ti-ucks according to the previous 
witness. Do you know anything about that ? 

Mr. Reeves. Yes ; I do. 

Mr. Kennedy. Did you participate in any of the sirupings ? 

Mr. Reeves. I didn't personally put any sirup in, but I was in the 
company of the gentlemen who did. 

Mr. Kennedy. Under whose instructions was that done ? 

Mr. Reeves. That was Mr. Vestal's instructions. All the instruc- 
tions came from Mr. Vestal. There wasn't anything done unless he 
O.K.'dit. 

Mr. Kennedy. How was that done ? 

Mr. Ree\tes. Well, we left the union office around 10 : 30 or 11 and 
as I left town we purchased 17, 18, or 20 bottles of white Karo sirup. 

Mr. Kennedy. Out of some grocery store ? 

Mr. Reeves. Not at one individual store. We didn't want to be 
obvious. 

Mr. Kennedy. Wlio made the purchases ? 

Mr. Reeves. We all did, sir. 

Mr. Kennedy. And where did you get the money for the purchases ? 

Mr. Reeves. I paid for it, sir, and the union reimbursed me the next 
day. 

Mr. Kennedy. Who reimbursed you ? 

Mr. REE^^ES. Edward Smith, secretary and treasurer of the teamsters. 

Mr. Kennedy. Did he know what the money was for ? 

Mr. Reeves. I told him. 

Mr. Kennedy. So you purchased some 18 cans of sirup ? 

Mr. Ree\tes. Glass bottles, sir. 

Mr. Kennedy. Wliat did you do with them ? 

Mr. Reeves. Well, we got the information, where the trucks were 
being parked. They were out of town. The ones that I saw actually 
put in the tanks were at Columbia, Tenn. 

Mr. Kennedy. Columbia, Tenn. ? 

Mr. Reeves. We went from Columbia to Lawrenceburg, to Pulaski, 
Shelbyville, and Manchester. But I didn't actually see any sirup put 
in any tanks other than in Columbia. 

JSIr. Kennedy. But did your companions then get out of the car 
with the sirup in their hands to sirup the trucks ? 

Mr. Reeves. Yes, sir. 



miPROPEH ACTIVITIES EST THE LABOR FIELD 7249 

Mr. Kennedy. The only ones you actually saw being siruped were 
in Columbia, but the people in your car got out to sirup the other 
trucks ; is that right ? 

Mr. Reeves. That is correct, sir. 

Mr. Kennedy. And by the time you returned home that night, was 
all the sirup gone ? 

Mr. Reeves. Yes, sir. 

Mr. Kennedy. Did you make that report to Don Vestal ? 

Mr. Reeves. Yes, sir. 

Mr. Kennedy. Tell us the conversation you had with Mr. Vestal. 

Mr. Ree\^s. Well, he said, "We shall see what results this brings." 

Mr. Kennedy. Did he ask you a question first? 

Mr. Reeves. He asked us did we sirup the trucks, and I told him 
as far as I knew, yes, that I actually saw it put in two. 

Mr. Kennedy. Did you tell him that all of it had been taken 
care of ? 

Mr. Reeves. That is right, sir. 

Mr. Kennedy. What did he say to you ? 

Mr. Reeves. He said, "We will see what results this brings." 

Mr. Kennedy. Did you have any other conversations with him ? 

Mr. Reeves. I beg your pardon ? 

Mr. Kennedy. Did you have any other conversations with him? 

Mr. Reeves. Not at that time, sir. About 4 or 5 hours later, we 
didn't get any reports on the results of it, and he said we didn't do 
such a good job after all. 

Mr. Kennedy. Did you participate in the siruping of any other 
trucks for any other company ? 

Mr. Reeves. No ; I did not. 

Mr. Kennedy. That was the only company ? 

Mr. Reeves. That is right, sir. I didn't approve of that at the be- 
ginning, but I was working for him and I was supposed to take orders. 

Mr. Kennedy. Did you participate in any other act of violence or 
altercation which took place on the orders of Mr. Vestal or anybody 
else? 

Mr. Reeves. Well, I didn't actually participate in it. I had the 
Shelby ville Pure Milk Co. 

Mr. Kennedy. What is the name of that ? 

Mr. Reeves. Shelbyville Pure Milk Co. That is a subsidiary of 
National Dairies. 

Mr. Kennedy. What happened there ? 

Mr. Reeves. Well, I organized those people in the fall of 1953, and 
we wasn't making any progress. The employer wanted to have an 
NLRB hearing and Mr. Vestal did not approve of that. He said, 
"We don't need any NLRB to determine whether we have the major- 
ity of the people or not. We will determine that." So, he instructed 
me to go to Shelbyville and get with the manager and tell him either 
he sign this agreement or recognize us as their bargaining agent or 
strike him, so I struck him. 

We was on strike for some 8 weeks. In the meantime, this instance 
occurred, that the employer was still delivering milk just the same as 
he was before. So, one afternoon he asked me what progress we 
were making and I said, "As far as we are ever going to get a contract 
there, it will never materialize." He said, "Why ?" 

Mr. Kennedy. Who is "he" ? 



7250 EVIPROPER ACTIVITIEIS EST THE LABOR FIEILD 

Mr. Eeeves. Mr. Vestal. He said, "Well, we better do something 
about this." A man by the name of James Ivey was in the office at 
that time, and he called myself and he in the office and said, "You take 
Big Ivey." That is what everybody calls him and he is known as 
that 

Mr. Kennedy. Big Ivey? 

Mr. Reeves. "Big Ivey with you in the morning." 

Mr. Kennedy. How big was he ? 

Mr. Reeves. He weighed around 300, and was about 6 feet. He is 
a small giant, you might say. 

Senator Curtis. What was his specialty ? 

Mr. Reeves. He was a truckdriver, sir. He just stood around the 
hall when he wasn't out. 

Mr. Kennedy. Go ahead. 

Mr. Reeves. So, he told me to carry Ivey with me the next morning. 
So, at 2 o'clock in the morning I picked him up, because we started 
the picket line at 4. About 3 o'clock in the afternoon, the employer 
had these farmers riding these trucks with these people with shot- 
guns and rifles, and they had been arguing pro and con across the 
street. We were across the street at a service station, and the plant 
was opposite this service station. The employees and the ones that 
were still delivering milk just kept arguing and carrying on with 
each other. Mr. Ivey got two of these drivers to finally consent to 

§o with him after one of the trucks left the plant to make a delivery, 
o, he took my automobile and followed the truck with these two gents 
out to this supermarket. Some 30 minutes later, the police came down 
and was going to carry me to jail because I had promised there would 
not be any violence or any disturbance. I told them I had no knowl- 
edge of what had transpired. So, about 5 o'clock Mr. Vestal called 
me from Nashville and told me that everything was all right, that the 
mail had been delivered. 

Mr. Kennedy. TVTiat did he mean by "the mail had been delivered" ? 

Mr. Reeves. That my car was at the office. 

Mr. Kennedy. That what ? 

Mr. Reeves. That my automobile and Mr. Ivey had returned to 
Nashville. 

Mr. Kennedy. Why did you talk like that? 

Mr. Reeves. That was in case anybody was listening in or anything ; 
they would not know what we were talking about. 

Mr. Kennedy. Did you have instructions to talk in those terms ? 

Mr. Reeves. That is right. We never said anything specific or 
called any names. 

Mr. Kennedy. From whom did you get those instructions ? 

Mr. Reeves. Mr. Vestal. 

Mr. Kennedy. That you never were to say anything specific about 
what you were doing on the telephone ? 

Mr. Reeves. Where we would be connected. 

Mr. Kennedy. With any of these acts that were taking place ? 

Mr. Reeves. That is true. 

Mr. Kennedy. Did you learn what Big Ivey had done ? 

Mr. Reeves. Well, he said 

Mr. Kennedy. ^Yho is "he" ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7251 

Mr. Reeves. Mr. Ivey — when he approached the supermarket, that 
these boys tliat were on the truck were in the process of entering the 
truck to take the milk out. One of them saw him as he started to get 
in the truck, and he ran. I understand he threw a bottle at him. 

Mr. Kennedy. He ran ? Who ran, and who threw the bottle ? 

Mr. Reeves. I don't know the gentleman's name that was on the 
truck. One of the boys that was on the truck. 

Mr. Kennedy. Wlio threw the bottle ? 

Mr. Reeves. Mr. Ivey threw the bottle. He did catch the boy that 
was up in the truck, and I understand through his conversation that he 
did a pretty good job of beating him up, because he did have to go to 
the local clinic. 

Mr. Kennedy. This is what Ivey told you ; that he had beaten this 
other man up ; threw the milk bottle at the first man and beat the sec- 
ond man up so that he had to be taken to the clinic ; is that right ? 

Mr. Reeves. He did not know he had to be taken to the clinic. He 
heard the sirens coming. They weren't too far from what the strike 
was on. He took off. He went through Murfreesboro, Lebanon, and 
back into Nashville. 

Mr. Kennedy. Did you learn he was taken to the clinic? 

Mr. Reeves. Yes; I did. The chief of police at Shelbyville came 
down and told me of the instance that occurred. He said the man 
could have been killed. 

Mr. Kennedy. How were these acts of violence set up at the office of 
the teamsters? How did you go about handling them? Who made 
the arrangements. ? 

Mr. Reeves. Mr. Vestal was the man who did the arrangements. He 
told you what to do and what not to do. 

Mr. Kennedy. Was Mr. W. A. Smith sent out of that area into 
any other area ? 

Mr. Reeves. He was sent out of the area ; yes. 

Mr. Kennedy. Was he sent over to Knoxville on occasion ? 

Mr. Reeves. Yes; that is true. 

Mr. Kennedy. Did you understand, after he was sent over there, 
that dynamiting or shootings occurred ? 

Mr. Reeves. That is right, sir. 

Mr. Kennedy. Was he also sent out of the State ? 

Mr. Reeves. Yes, sir. 

Mr. Kennedy. Was he also sent to New Jersey ? 

Mr. Reeves. He was sent to New Jersey once and sent to Florida 
once. 

Mr. Kennedy. Do you know anything about what happened in 
New Jersey ? 

Mr. Reeves. Well, I understand they participated in the war be- 
tween the AFL and CIO, and the teamsters were robbing the brewers, 
taking the brewers away from the present union they were in. 

Mr. Kennedy. Did you understand there was violence in New Jersey 
when he was sent up there ? 

Mr. Reeves. Yes, sir. 

Mr. Kennedy. And he was sent to Florida. 

Mr. Reeves. Yes, sir. 

Mr. Kennedy. You understand there was some dynamiting down 
there, too ? 



7252 IMPROPER ACTIVITIES EST THE LABOR FIEIiD 

Mr. Reeves. I heard that. 

Mr. Kennedy. Do you know that ? 

Mr. Reeves. No ; I just heard that. 

Senator Curtis. From where would the orders be sent that he would 
go from Tennessee to New Jersey or Florida ? 

Mr. Reeves. Who would give the orders ? Mr. Vestal would. 

Senator Curtis. Mr. Vestal is a local officer? 

Mr. Reeves. He is president of local 327, in Nashville, of the team- 
sters. 

Senator Curtis. That local did not have any members or contracts 
in New Jersey or Florida, did it ? 

Mr. Reeves. Not to my knowledge ; no, sir. 

Senator Curtis. How would he know that they wanted Smith ? 

Mr. Reeves. Well, I suppose someone asked for him. 

Senator Curtis. Who did ? Do you know ? 

Mr. Reeves. No ; I don't. That was strictly Mr. Vestal's business. 
He did not let us know that. He may have told Smith, but he didn't 
tell me. 

Senator Curtis. It would have to be someone in the head office 
of the teamsters union, would it not ? 

Mr. Reeves. Well, I assume so, sir ; yes, sir. 

Senator McNamara. Mr. Chairman, I have a couple of questions. 

The Chairman. Senator McNamara. 

Senator McNamara. You were an organizer for the teamsters union 
how long ? 

Mr. Reeves. About 18 months, sir. I am sorry I ever did that. 

Senator McNamara. Were you an international organizer? 

Mr. Reeves. No, sir; I was on a local basis. I understand Ten- 
nessee Joint Council 87 was paying part of it and the teamsters were 
paying the other part. 

Senator McNamara. You were a local organizer, not an interna- 
tional organizer ? 

Mr. Reeves. No, sir ; I was not. 

Senator McNamara. "\Vho hired you for that job ? 

Mr. Reeves. Mr. Vestal hired me back in August; August 11, 1952, 
prior to the election in the same month. 

Senator McNamara. Were you previously a truckdriver ? 

Mr. Reeves. No, sir; I was employed by the Nashville Pure Milk 
Co., a subsidiary of National Dairies. I had worked there since 
1916 until 1952. 

Senator IMcNamara. You never were a truckdriver ? 

Mr. Reeves. I was a salesman for them, a route salesman. 

Senator McNamara. What was the result, or what was the ex- 
pected result of putting the sirup in the trucks ? 

Mr. Reeves. Well, I suppose that was revenge, sir. 

Senator McNamara. What is that? 

Mr. Reeves. Just to get revenge, I suppose. 

Senator McNamara. No; I mean what would be the effect if it was 
sucked up into the gasoline lines, through the fuel lines ? 

Mr. Reeves. After the motor got hot, if they shut the engine off, it 
would lock up. It would cost a lot to fix it up. 

Senator McNamara. Did these people put it in the gas tank ? 

Mr. Reeves. I can only vouch for two, sir. 



EVIPROPEK ACTIVITTES EST THE LABOR FIELD 7253 

Senator McNamara. They put it in the tank ; took the caps off the 
tanks and put it in there ? 

Mr. Refa'es. They had saddle tanks. They did ; yes. 

Senator ]\IcNamara. They put it right in the gas tank ? 

Mr. Reeves. Yes. 

Senator McNamara. Theoretically, it would go up into the fuel 
pump and gum it up so it wouldn't work ? 

Mr. Reeves. That is right. That is what Mr. Vestal said it did. 

Senator McNamara. When you were employed by the teamsters, do 
you know how many members, what percentage of the employees, were 
CIO and what percent were nonunion in this plant that you were 
attempting to organize ? 

Mr. Ree\'es. No, sirj I don't. I know that there were some that 
didn't belong to the union at all. 

Senator McNamara. Do you think it is a substantial number or just 
a few? 

Mr. Reeves. Just a few, sir. 

Senator McNamara. This former employee of the company, Mr. 
Marston, was he working with you at this time this previous witness 
was beaten up ? 

Mr, Reeves. Was he working with me? Indirectly, no. He was 
there. He wasn't working. He wasn't on the liayroll. He just was 
present. 

Senator ]\IcNamara. He was a member of the CIO union. "Wliat 
was his interest in the teamsters ? 

Mr. Reeves. Well, he had a personal issue with Mr. Rasmussen, is 
my understanding. He wanted to get even with him for firing him, 
or however he got dismissed. 

Senator McNamara. But he had no connection with the teamsters 
union ? 

Mr. Reeves. Not at all, sir. 

Senator McNamara. Was your union under trusteeship at this time ? 

Mr. Reeves. The union was under trusteeship until August 27, 1952. 

Senator McNamara. At this time, they were not ? 

Mr. Reeves. No, not at this time, no. 

Senator McNamara. That is all, Mr. Chairman. 

Mr. IvENNEDY. Senator Curtis, in connection with your question, we 
had some testimony the other day regarding the telephone call that was 
made from a local down in Jackson, Miss. I do not believe this 
witness has any information about it. But there was a telephone call 
from the teamsters local in Jackson, Miss., asking for some help, and 
then the appearance of W. A. Smith down in that local, participating 
in the picket lines and then the two dynamitings that followed. 

The Chairman. Let me ask you about Smith. We have had con- 
siderable testimony here, some direct and some circumstantial. Ap- 
parently they were trying to organize and decided to use violence and 
they sent for Smith. That seems to be the pattern. 

Mr. Reeves. That would be my assumption, sir ; yes. 

The Chairman. That seems to be the pattern from other testimony. 

Mr. Reeves. Yes ; that is true. 

The Chairman. Did you know him as a man or is he regarded as 
a man who committed the violence in these instances? I mean when 
there was trouble called for, he was sent out, and violence ap)parently 



7254 IMPROPER ACTIVITIEiS EST THE LABOR FIELD 

always occurred, as far as I can determine from the testimony. At 
least in many instances violence immediately occurred. Was he kept 
or used for that j)articular purpose? Was that his job, just goon 
activity ? 

Mr. Eeeves. His title, sir, was business representative. I guess 
they could use him anywhere they wanted. He was that type of guy 
that if he wanted to do it, he would do it ; yes, sir. In my opinion, he 
had no moral thought for the human at all if he stood in his way to 
get what he wanted. 

The Chairman. Do you know of him dynamiting any place? 

Mr. Reeves. No, sir; I do not. I have no knowledge of that. 

Tlie Chairman, Did he ever tell you about dynamiting? 

Mr. Reeves. He was very skeptical, sir, of having anything to say 
about that, about anything that he might have participated in. 

The Chairman. He told you nothing about any shootings ? 

Mr. Ree\tes. No, sir ; he did not. 

The Chairman. Do you remember the occasion when he got shot 
himself ? 

Mr. Reeves. Sir, I was not working with him at that time. I am 
glad to say I was out of that outfit. 

The Chairman. Why are you glad to say you were out of that out- 
fit? 

Mr. Reeves. Because, I will tell you, my standards are not tliat low. 
I want to make apology to all tlie employers and people that was in- 
volved at the time that I did participate in it. It wasn't my idea at 
all. 

The Chairman. It was not your idea, but you were under orders 
and you undertook to carry out orders ? 

Mr. Reeves. It was either that or else. I lost 8 years seniority with 
the Nashville Pure Milk Co. He let my leave of absence run out. 
When lie fired me, I went back to get my job, and Mr. Woodruff, the 
route superintendent, told me that he could not use me any longer be- 
cause I had no seniority. 

Tlie Chairman. Why did he fire you ? 

Mr. Reeves. Vestal? Because I would not do what he wanted 
done. He said I was soft. 

The Chairman. You were soft ? 

Mr. Ree\t:s. Yes. If I did not beat somebody up once a month 

The Chairman. You were not entliusiastic about committing 
crimes ? 

Mr. Reeves. I don't believe in that. A local does not have to do 
that to be a union. 

The Chairman. All right. 

Mr. Kennedy. You did it for yourself for a while; did you not? 

Mr. Reea-es. I beg your pardon ? 

Mr. Kennedy. You did it yourself for a while ? 

Mr. Reeves. Did what ? 

Mr. Kennedy. Participated in unlawful acts. 

Mr. Reeves. I did twice, sir. 

Mr. Kennedy. On the pouring of the sirup, I believe I failed to ask 
you who you were driving around in your car. 

Mr. Reeves. Bobby Marston and Henry Monk. 

Mr. Kennedy. They were the ones who would get out with the 
sirup and pour it in ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7255 

Mr. Keeves. They were supposed to have, sir. 

Mr. Kennedy. They got out with the sirup and they got back in 
without it ; did they not 'i 

Mr. Keeves. That is correct, sir. 

Mr. Kennedy. Those are the same two fellows that beat — well, 
that is right. What reason did Mr. Vestal give for firing you? 

Mr. Reeves. As I stated before, he said I was soft, that he did not 
need anyone that handled employers with kid gloves. 

Mr. Kennedy. That is all, Mr. Chairman. 

The Chairman. Thank you very much. The committee will stand 
in recess until 2 o'clock. 

(Members present at the taking of the recess were Senators Mc- 
Clellan, McNamara, and Curtis.) 

(Whereupon at 15 : 25 p. m., a recess was taken until 2 p. m., the 
same day.) 

AFTERNOON SESSION 

The Chairman. The committee will be in order. 

(Members of the committee present at the convening of the session 
were Senators McClellan, Ives, McNamara, and Curtis.) 

The Chairman. All right, Mr. Kennedy, call the next witness. 

Mr. Kennedy. Mr. Enos Eeed. 

The Chairman. Do you solemnly swear that the evidence you give 
before this Senate select committee shall be the truth, the whole truth, 
and nothing but the truth, so help you God? 

Mr. Eeed. I do. 

TESTIMONY OP ENOS REED 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Reed. My name is Enos Reed, and my address is 133 Higgins 
Drive, Nashville, Tenn., and I am in the wholesale beer business. 

The Chairman. Do you waive counsel, Mr. Reed ? 

Mr. Reed. Yes, sir. 

The Chairman. Proceed. 

Mr. Kennedy. Mr. Reed, you are a partner in the Ajax Beer Dis- 
tributors ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. And that is a company operating out of Nashville, 
Tenn. ; is that right ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. You had a number of different drivers ? How many 
drivers did you have ? 

Mr. Reed. I have 13. 

Mr. Kennedy. Now you were approached in June of 1954 by repre- 
sentatives of the teamsters union to sign a contract with the teamsters ? 

Mr. Reed. Yes, sir ; after they had walked out. 

Mr. Kennedy. After your driver's had walked out ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. And what position did you take at that time with 
the teamsters union ? 

Mr. Reed. I was called on June 4, about 7 o'clock in the morning. 
One of the salesmen told me to come on down to the office, that our 

89330— 58— pt. 18 14 



7256 iiviPROPER ACTivrriEis est the labor FIEU) 

drivers had walked out. When I got there, all of the salesmen were 
assembled in the salesroom there, and when I walked in, 2 of the 
officials of the teamsters union came in and there was a dispute over a 
driver that 1 of the salesmen had fired, who had been working there 
2 weeks. 

He said he hired him on a trial basis and he wasn't any good, and 
they asked me if I would put him back to work, and I said "No." So 
they said they wanted to talk to me in private. I said, "Gentlemen, 
anything you have to say, you can say it in front of the salesmen." 

Mr. Kennedy. The two business agents so we can identify them, 
one was Ked Vaughn, and the other was W. A. Smith ? 

Mr. Reed. Yes. 

Mr. Kennedy. All right. 

Mr. Eeed. They wanted to know if I would recognize the teamsters 
union for my drivers. They said that they had a majority of them 
signed up. 

I said, "Well, gentlemen, you tell me you have a majority of them 
signed up. I don't know whether you have or not. Let us have an 
election with the NLRB and see if they want to join a union." 

When I told them that, they said, "Hell, no," and they went out the 
the front door and slammed the door so hard they broke the glass out 
of it. 

Mr. Kennedy. And the picketing took place. 

Mr. Reed. The picketing was already going on. 

Mr. Kennedy. Were there a number of acts of violence that fol- 
lowed that? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. You had your tires slashed, of the automobiles? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. Some of the salesmen ? 

Mr. Reed. Two of the salesmen's cars, they slashed the tires on them. 

Mr. Kennedy. Was that incident reported to the police department ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. Were your drivers followed when they left their 
place of business ? 

Mr. Reed. Yes, sir ; they were followed, and picketed at every place 
they stopped. 

Mr. Kennedy. Were they also run off the side of the road? Did 
that happen, on occasion ? 

Mr. Reed. Well, on one occasion. 

Mr. Kennedy. That happened to one of your drivers ? 

Mr. Reed, Yes, sir. 

Mr. Kennedy. Were any of your drivers beaten up ? 

Mr. Reed. They were beaten up, and they refused to show up the 
next morning, and they would be beaten up at night. In fact, they 
run one off the truck, and the last time the salesman saw him he was 
2 blocks down the street, running. 

Mr. Kennedy. Wliat happened, again ? 

Mr. Reed. They run one of them off the truck, out on the route. 

Mr. Kennedy. How many of the drivers were beaten up ? 

Mr. Reed. Well, two was all I can recall now, and they were tempo- 
rary drivers that I had hired after these men had walked out. 

Mr. I^nnedy. They refused to come back to work after they were 
beaten ? 



EMPROPER ACTIVITIES EST THE LABOR FIELD 7257 

Mr. Reed. Yes, sir. 

Mr. Kennedy. And you had the windshield of one of your trucks 
smashed in ? 

Mr. Reed. They threw a rock through the windshild of my car. 

Mr. Kennedy. What about the windshields of any of your trucks? 
Did that happen, or just your car ? 

Mr. Reed. No ; some of the windshields were broken in the blast, 
that is all. 

Mr. Kennedy. In the what? 

Mr. Reed. When they had the blast and blew the place up. 

Mr. Kennedy. I will come to that in a second. 

The home of one of your salesmen was set on fire ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. And was the house practically destroyed ? 

Mr. Reed. It was destroyed inside ; yes, sir. 

Mr. Kennedy. It was destroyed inside. Do you know how much 
the loss was there ? 

Mr. Reed. No, sir ; I don't. 

Mr. Kennedy. Then your warehouse, did that catch on fire ? 

Mr. Reed. Well, that was several months later ; yes, sir. 

Mr. Kennedy. What happened ? That was the warehouse. 

Mr. Reed. Yes, sir ; and someone piled some trash against the ware- 
house there and set it afire. 

Mr. Kennedy. Was there much damage ? 

Mr. Reed. No, sir; it was set afire after the last man left, in the 
evening, and he forgot something. And he went back, and he saw 
the smoke, and he called the fire department which is only a block 
up the street, and there was very little damage. 

Mr. Kennedy. There was no question that the fire had been set? 
Is that right, and it wasn't just a faulty wiring or anything like that? 

Mr. Reed. It could not have been a faulty wiring. 

Mr. Kennedy. There was material against the side of your 
building ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. And that had been placed on fire ; is that right ? 

Mr. Reed. Yes. 

Mr. Kennedy. When did that occur, approximately ? 

Mr. Reed. Well, that was in July, I believe, July or August. 

Mr. Kennedy. . But that was put out before there was any extensive 
damage ? 

Mr. Reed. That is right. 

Mr. Kennedy. Did you also have a dynamiting that took place ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. Wliat happened there ? 

Mr. Reed. Well, I had a night watchman that I had hired after 
they went on strike, and I had just let him go on the Thursday night 
and the police department called me at 4 o'clock Monday morning, 
and told me my place had been blown up. 

Mr. Kennedy. They found dynamite there, did they ? They learned 
it was by dynamite ? 

Mr. Reed, Yes, sir, they knew it was by dynamite. 

Mr. Kennedy. That was on June 26, 1954 ? 

Mr. Reed. Yes, sir. 



7258 IMPROPEK ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. What was the damage ? 

Mr. Reed. Well, the damage amounted to aromid $6,000 in mer- 
chandise and damage to the building. 

Mr. Kennedy. Mr. Chairman: That is the dynamiting that Mrs. 
Freels testified about when she appeared before the committee last 
week. That Mr. Smith came back to the office and they were talk- 
ing and laughing about the dynamiting that had occurred, and she 
expressed the fear that maybe one of them would be caught and 
they said, "We were driving away and driving down the road just 
like anyone else and they could never have pinned anything on us.'' 

Did you go to the police regarding all of these matters ? 

Mr. Reed. Yes, sir. 

Mr. Kennedy. Were they able to make any arrests in connection 
with it? 

Mr. Reed. Not to my knowledge. 

Mr. Kennedy. Did they express, or did anybody express to you 
their policy as far as labor disputes were concerned ? 

Mr. Reed. I don't understand what you say. 

Mr. IvENNEDY. Did anybody from the police department or the 
sheriff's office express to you the policy or tell you what the policy 
of their respective offices were ? 

Mr. Reed. They felt it was someone, either in the union or some- 
one they had hired to do this job and maybe from out of town. They 
expressed the belief tliat it w^as someone that had been brought in 
there that no one knew about or did not know personally in Nashville. 

Mr. Kennedy. Did you feel it was connected with the labor dis- 
pute, all of this violence ? 

Mr. Reed. I personally did, yes, because we never had any trouble 
with anyone and I don't know of any enemy I have in Nashville. 

Mr. Kennedy. Did any of the police officers or officers from the 
sheriff's office say to you tliat they would not investigate this matter 
or could not look into it because it was a labor dispute ? 

Mr. Reed. The only statement made in regard to that was by the 
late Tom Cartwright, the sheriff at that time, that he was going to 
keep hands off of the matter, that he felt like it was a policeman's 
duty, or city police duty. 

Mr. Kennedy. Did he say anything about it being a labor dispute? 

Mr. Reed. No; not that I remember at that time. 

Mr. Kennedy. Did he at any time ? 

Mr. Reed. I can't recall that. 

Mr. Kennedy. Nobody ever said anytliing to you about keeping 
hands off policy because it was a labor dispute? 

Mr. Reed. No. 

JNIr. Kennedy. They did not ? 

Mr. Reed. I did not feel like I got the protection I should have. 

Mr. Kennedy. That is all ? Tliere were no arrests made ? 

Mr. Reed. I want to correct one thing there. Wlien they threw 
that brick through my windshield, one of "the boys that were picketing 
was arrested and fined for that. 

The Chairman. One of the boys that was picketing ? 

Mr. Reed. Yes, sir. 

Mr. KJENNEDY. That was Red Vaughn. 



EMPROPER ACTIVITIES IN THE LABOR FIELD 7259 

Mr. Keed. No, sir ; it was just one of the pickets. 

Mr. Kennedy. Up here on No. 102, we have on June 15 

Mr. Reed. That was a fight that occurred down there between one 
of my salesmen and Red Vaughn. They arrested both of them and 
they turned my salesman loose and fined Red Vaughn $25. 

Senator Curtis. How many drivers did you say you had ? 

Mr. Reed. Thirteen. 

Senator Curtis. Well, now, when Red Vaughn and W. A. Smith 
visited you on June 4, 195-1, they said that they had a majority of your 
men signed up. 

Mr. Reed. Yes, sir. 

Senator Curtis. How many did they have signed up ? 

Mr. Reed. They wouldn't show me the list and I didn't know. I 
asked them to have an election and they wouldn't do it. 

Senator Curtis. Do you have any idea how many they had signed 
up? 

Mr. Reed. No, sir; I don't. I know several of them were scared 
and they scared them and they wouldn't appear to work and they were 
even made to walk the picket line. 

That is the word that came to me, the man told me later and a 
month or two later they were all back to work anyway. 

Senator Curtis. Did you ever sign up with the teamsters union ? 

Mr. Reed. No, sir. 

Senator Curtis. And these workers are back and apparently satis- 
fied not to do so ? 

Mr. Reed. Yes, sir. 

Senator Curtis. Were any of their families or wives threatened or 
intimidated, that you know of ? 

Mr. Reed. Not as far as the salesmen were concerned. 

Senator Curtis. I mean the drivers. 

Mr. Reed. I don't know. Most of them were colored. 

Senator Curtis. But you felt they were unwilling picketers ? 

Mr. Reed. Yes, sir. 

Senator Curtis. What was the name of the salesman whose home 
was set fire to ? 

Mr. Reed. William Brinkley. 

Senator Curtis. Do you know how much damage it was ? 

Mr. Reed. No, sir ; I don't know the amount. He had to have the 
whole thing refinished and it ruined the furniture. 

Senator Curtis. Do you know why his home was singled out for 
burning ? 

Mr. Reed. Well, he had a run-in with some of them picketing his 
truck while he was out on the route 2 or 3 times and I think if it was 
burned by the union or any member of the union, that was probably 
the reason for it. Of course, we don't know that. 

Senator Curtis. He was one of the men they were trying to get into 
the union ? 

Mr. Reed. No, sir. That is a salesman. I have two men on a truck, 
a driver — a colored boy is a driver — and a salesman who sells the beer 
and collects for it and the driver brings it in. 

Senator Curtis. And he had some clash with the people who were 
following his truck ? 

Mr. Reed. Yes, sir. 



7260 IMPROPEK ACTTVITIEIS I]S^ THE LABOR FTEILD 

Senator Curtis. And so then his home was set fire to. Was anyone 
home at the time ? 

Mr. Reed. No, sir; they were at a friend's house at a party. 

Senator Curtis. Was there police investigation of that ? 

Mr. Reed. Yes, sir. 

Senator Curtis. What happened ? 

Mr. Reed. Nothing, they never did find anything. 

Senator Curtis. Did they ever pick up anyone and detain them and 
question them about that ? 

Mr. Reed. Not to my knowledge. 

Senator Curtis. In connection with any of these offenses, was anyone 
ever picked up and questioned and investigated in that manner? 

Mr. Reed. In regard to the dynamiting, you mean ? 

Senator Curtis. Yes, any and all of these offenses. 

Mr. Reed. The only ones who were picked up was when these two 
fellows had a fight, my salesman had a fight with Ray Vaughn and 
they were arrested. One of the men saw the colored boy throw the 
rock through my windshield and that is the only two arrests that I 
know of. 

Senator Curtis. The only response you would get from reporting to 
the police is that they would come around once, and appear to look a 
little bit and not find anything and you never heard about it again ? 

Mr. Reed. They assigned two detectives to that case and they were 
out there nearly every day, in and out, and they were investigating. 

They said they felt like they knew who did it, but they didn't have 
the proof, and they wouldn't tell me who they thought did it. 

Senator Curtis. They never picked them up ? 

Mr. Reed. No, sir. 

Senator Curtis. That is all. 

Senator McNamara. In 1953 when you were having this trouble, 
you contacted the sheriff's office and was your plant located in Nash- 
ville? 

Mr. Reed. Yes, sir. 

Senator McNamara. You did not contact the local police depart- 
ment? 

Mr. Reed. Oh, yes, sir. The police were the first ones there. 

Senator McNamara. Who did you contact in the police department? 

Mr. Reed. Martin Stevenson in the office and, of course, I just talked 
to the desk sergeant and he sent a car right out. 

Senator McNamara. Do you know his name ? 

Mr. Reed. No, I don't ; he takes all of the calls. 

Senator McNamara. He assigned a couple of detectives from the city 
police force ? 

Mr. Reed. To investigate ; yes, sir. 

Senator McNamara. And the investigation led nowhere ? 

Mr. Reed. Yes, sir. 

Senator McNamara. Were you satisfied they made a thorough in- 
vestigation or not? I ask you this because of some of the previous 
testimony. 

Mr. Reed. I am not actually in a position to say because I was not 
with them and I don't know what they actually did. 

Senator McNamara. You are in no position to judge whether or not 
they made a complete investigation ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7261 

Mr. Reed. No ; tliey were very nice to me in a lot of matters. You 
see, I happened to be within a block of their garage and where car 
Ko. 1 and car No. 2 territory meets and they are by there every hour 
of the day in one car or tlie other, you see. If anybody wants to do 
anything, they are watching that anyway. 

Senator McNamara. You still have the same number of employees, 
about 13 ? 

Mr. Reed. Yes, sir. 

Senator McNamara. Drivers ? 

Mr. Reed. I have a few more. 

Senator McNamara. You still operate a driver and a salesman 
working as a team ? 

Mr, Reed. Yes, sir. 

Senator McNamara. That is all, Mr, Chairman, 

The Chairman. All right, call the next witness. 

Mr. Kennedy. Mr. Frank J. Allen. 

The Chairman. You do solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Allen, I do, 

TESTIMONY OF FRANK J. ALLEN 

The Chairman. State your name, your place of residence, and your 
business or occupation, 

Mr, Allen. Frank J. Allen, 2024 Ellsworth Drive, Nashville, Tenn., 
and I am not occupied at the present time. 

The Chairman. What is your former employment ? 

Mr. Allen. Hayes Freight Lines. 

The Chairman. In what capacity ? 

Mr, Allen, As terminal manager. 

The Chairman. As what ? 

Mr. Allen. Terminal manager. 

The Chairman. Do you waive counsel ? 

Mr. Allen. Yes, sir. 

The Chairman. Proceed, Mr. Kennedy, 

Mr. Kennedy. Mr. Chairman, this is a witness who will testify to 
a beating and we will have three witnesses, including this one on this 
particular matter. He is the first of three witnesses. Mr. Allen, 
prior to July of 1956, you were terminal manager for the Terminal 
Transport Co. ? 

Mr. Allen. Yes, sir. 

Mr. Kennedy. In Nashville ; is that right ? 

Mr. Allen. Yes, sir. 

Mr. Kennedy. Their main offices were in Atlanta, Ga. ? 

Mr. Allen. That is correct. 

Mr. Kennedy. And you held the same position during 1955. 

Mr. Allen. Yes. 

Mr. Kennedy. Now, in performing your duties, did you have some 
conversations with Mr. W. A. Smith of local 327 in Nashville? 

Mr. Allen. Yes, sir ; Mr. Smith was the business agent assigned to 
our terminal at that time. 



7262 IMPROPER ACTIVITIES IN' THE LABOR FIEIiD 

Mr. Kennedy. Prior to April 5, 1955, did you have a dispute or did 
Mr. W. A. Smith raise a question of the policy of the company with 
you? 

Mr. Allen. Yes ; in regard to the way — not the way but the people 
that we worked. 

Mr. Kennedy. Would you explain that to the committee? 

Mr. Allen. The company found it was necesssary to employ part- 
time drivers in order to take care of the business over the weekends. 
These drivers, some of them, came through the union hall and some 
of the drivers we hired direct. They were not the regular employees 
of the company, but drivers who we worked 1 or 2 days during the 
week. 

Mr. Kennedy. Did you have a question raised by Mr. Smith, a ques- 
tion raised with you regarding one of these drivers that you hired ? 

Mr. Allen. Yes; previous to the weekend, Mr. Smith told us not 
to run a driver, I believe his name was Mays over the weekend. As 
I understand it, he was not a union member at that time and he sug- 
gested some drivers that we should run. 

ISlr. Kennedy. He was making the suggestion as to what drivers you 
should hire and what drivers you should use ; is that right ? 

Mr. Allen. That is right. 

Mr. Kennedy. Then he came in to see you on April 5, 1955. 

Mr. Allen. I think that is the date. 

Mr. Kennedy. He came into your office ? 

Mr. Allen. Yes, sir. 

Mr. Kennedy. And you had a conversation with him at that time ? 

Mr. Allen. Yes, sir. 

Mr. Kennedy. Will you relate what you discussed in general 
terms ? 

Mr. Allen. Mr. Smith and the road driver, another Mr. Smith, 
A. B. Smith, who was a stewart at the time, came into the office to 
discuss the weekend operation and also any grievances that might 
have arisen. Mr. Davis and Mr. Smart were in the office at the time. 
We discussed some few minutes about our method of dispatch over 
the weekend and some driver had some complaint about the way he 
was run. We discussed that for a few minutes and then Smith asked 
if we had run this driver Mays over the weekend. I am not sure 
whether I answered him or Mr. Davis answered him, but the answer 
was, "Yes ; we did run Mr. Mays." 

Mr. Kennedy. You told him that you had run him ? 

Mr. Allen. Yes, sir. There was just a minute of conversation after 
that and Mr. Smith and the road steward got up to go out of the room, 
out of the door, and I thought that they were leaving at that time and 
I stood up at my desk and was looking at some papers on the desk 
and then I looked up and Mr. Smith, W. A. Smith, was right in front 
of me. He said something to the effect, "Take your hand out of your 
pocket," and then he hit me across the face. 

Mr. Kennedy. Then did lie continue to hit you ? 

Mr. Allen. Yes; the first blow knocked me — I didn't Imow too 
much what I was doing. 

Mr. Kennedy. Senseless ? 

Mr. Allen. Senseless, in a manner, yes ; and he continued to hit me. 
I was trying to avoid the blows. 



IMPBOPEIR ACTIVITIES IN THE LABOR FIELD 7263 

Mr. Kennedy. He continued to hit you around the face and the 
body? 

Mr. Allen. Around the face. 

Mr. Kennedy. And finally finished and left ; is that right ? 

Mr. Allen. Yes. 

The Chairman. "What condition were you in when he left ? 

Mr. Allen. I was in pretty bad shape. My nose was bleeding. He 
struck me across the side of the face and the nose, and I was bleeding 
from a cut over my eye. I was very dizzy and sick at my stomach. 

The Chairman. Did you liave to go to a hospital ? 

Mr. Allen. At that time I went to a clinic. The doctor sewed my 
eye — above my eye — and then later on that afternoon I went to a hos- 
pital. I was X-rayed, and there were several bones broken. My nose 
was broken on that side. I stayed in the hospital about 1 week. 

The Chairman. Do you know whether he hit you with anything 
other than his fists ? 

Mr. Allen. No ; I do not know for sure. 

Mr. Kennedy. There were some witnesses to the beating, were there 
not — some people there who observed the beating ? 

Mr. Allen. Yes. Mr. Davis, the chief dispatcher, and Mr. Smart, 
the clerk in the office. 

Mr. Kennedy. Did you decide to press charges on that against Mr. 
Smith? 

Mr. Allen. Did I decide to? No; at the time that it happened, 
after I went to the hospital, I talked to my lawyer, and he didn't think 
there would be much use of pressing charges, because previous to this 
there had been nothing much done, only a small fine or something of 
that kind, in cases of this kind. 

Mr. Kennedy. Did Mr. Joseph Katz, the president of the company, 
come down to see you ? 

Mr. Allen. Yes ; he did. 

Mr. Kennedy. Did he recommend that you press charges ? 

Mr. Allen. Yes ; he did. 

Mr. Kennedy. Therefore, you reconsidered and decided to press 
charges ? 

Mr. Allen. That is correct. 

Mr. Kennedy. And you had these two witnesses plus yourself who 
could identify Mr. W. A. Smith as the assailant; is that right? 

Mr. Allen. That is correct. 

Mr. Kennedy. So you decided to go ahead. Was Mr. Smith 
indicted ? 

Mr. Ali^n. Yes; he was. 

Mr. Kennedy. Indicted on a charge of assault with intent to commit 
murder ? 

Mr. Allen. I am not sure 

Mr. Kennedy. I believe that is the way the indictment reads. 
Mr. Allen. It was assault, but I am not sure whether it was to 
commit murder or not. 

Mr. Kennedy. Or assault with intent to kill ? Do you know which 
it was ? 

Mr. Allen. No ; I am not sure. 

Mr. Kennedy. Mr. Chairman, that is how the indictment read. 
I believe it was No. 91, assault with intent to kill. 



7264 IMPROPER ACTIVITIES D^ THE LABOR FIELD 

The Chairman. Well, he was indicted for what he did do. 

Mr. Allen. Yes, sir. 

Mr. Kennedy. That was because of Mr. Katz' coming up from 
Atlanta, Ga. ? He came to see you and said he wanted the case 
pressed ; is that right ? 

Mr. Allen. He asked me to press it ; yes. 

Mr. Kennedy. And you appeared before the grand jury and these 
other gentlemen appeared before the grand jury, and Mr. W. A. Smith 
was indicted ? 

Mr. Allen. That is correct. 

Mr. Kennedy. Did the case ever go through ? Did you ever appear 
in any trial ? 

Mr. Allen. No ; I didn't. 

Mr. Kennedy. You withdrew the charges ? 

Mr. Allen. I withdrew the charges. 

Mr. Kennedy. Did you have a further conversation with Mr. Katz, 
the president of the company ? 

Mr. Allen. Yes ; I did. 

Mr. Kennedy. Will you tell the committee what happened at that 
time? 

Mr. Allen. Mr. Katz asked me to withdraw the charges, and I did. 

Mr. Kennedy. Did he explain to you why ? 

Mr. Allen. No ; he didn't explain to me why, and I assumed that 
it was to possibly get along with the union better if we didn't press 
the charges. 

Mr. Kennedy. Did he tell you that he had had any conversation 
with Mr. San Soucie of Indianapolis ? 

Mr. Allen. No, sir ; he didn't. 

Mr. Kennedy. Did he tell you he had a conversation with Mr. 
Hoffa regarding this, prior to asking you to withdraw the charges ? 

Mr. Allen. No, sir. 

Mr. Kennedy. Did he tell you that his representative had a con- 
versation with Mr. Dusty Miller about withdrawing the charges ? 

Mr. Allen. No, sir. 

Mr. Kennedy. Wliat did he tell you when he asked you to with- 
draw the charges, after you had decided, at his suggestion, to press 
the charges originally ? Did he precede the remarks by making any 
statement ? 

Mr. Alllen. Well, he did make the statement that it was a very 
hard thing for him to do, to ask me to drop the charges. 

Mr. Kennedy. But he didn't give any reason beyond that? 

Mr. Allen. No, sir. 

Mr. Ivennedy. You just understood it was in order to get along 
with the union ? 

Mr. Allen. That is correct. 

Mr. Kennedy. Were most of the employees of your company in 
favor of you pressing the charges ? 

Mr. Allen. That I don't know, sir. 

Mr. Kennedy. Was that the request of Mr. Katz, that you with- 
draw the charges ? 

Mr. Allen. Yes ; he asked me to. 

Senator Cuktis. Mr. Chairman ? 

The Chairman. Senator Curtis. 



EVIPROPER ACTIVITIES IN THE LABOR FIELD 7265 

Senator Curtis. How did you go about to withdraw these charges 1 
Did you go to the prosecutor's office, or what did you do? 

Mr. Allen. I went to the court when the case was called for trial, 
when it came up for trial. I went to the court and asked the court 
to drop the charges. 

Senator Curtis. Did you have a conversation with the prosecutor 
before the court convened ? 

Mr. Allen. The attorney general ? 

Senator Curtis. Yes. 

Mr. Allen. No, sir ; I never talked to the attorney general. 

Senator Curtis. You just went in on your own and when the case 
was called you got up and said you were dropping the charges? 

Mr. Allen. That is correct. 

Senator Curtis. Did they know you were going to do that? 

Mr. Allen. I don't know, sir. Well, possibly so. The attorney, 
my attorney, I had talked to him before, a couple of days before, I 
believe, and told him that I wished to drop the charges. He was 
assisting in the prosecution. 

Senator Curtis. As a private lawyer? He wasn't an assistant 
attorney general ? 

Mr. Allen. No, sir. He was a private lawyer. 

Senator Curtis. What judge presided over that court? 

Mr. Allen. Judge Gilbert. 

Senator Curtis. Did he make any comments when you announced 
that you were dropping serious charges like this ? 

Mr. Allen. Yes ; he did. 

Senator Curtis. What did he say ? 

Mr. Allen. He gave me quite a dressing down for making the 
charge and then withdrawing it. 

Senator Curtis. What was he mad about ? Because you made it or 
because you dropped it ? 

Mr. Allen. Because I dropped it. 

Senator Curtis. Did he say anything to the prosecutor for per- 
mitting it to be dropped ? 

Mr. Allen. I don't remember him saying anything to the prose- 
cutors. 

Senator Curtis. That is all, Mr. Chairman. 

The Chairman. Wliat had you done to get this beating ? 

Mr. Allen. Nothing that I know of, sir. 

The Chairman. "V^Hiat was his complaint against you? As I 
understood, you had sent somebody out to work at this spare-time job. 

Mr. Allen. That was his complaint, that I hadn't worked the man 
that he had recommended, and I had worked the man that he asked 
me not to. 

The Chairman. Were they unionmen ? 

Mr. Allen. The one that I worked was nonunion at that time. I 
understand he joined the union later on. 

The Chairman. And the one that he recommended was a unionman ? 

Mr. Allen. Yes. 

The Chairman. That is why he beat you up ? 

Mr. Allen. Yes, sir. 

The Chairman. Was your plant organized at that time ? 

Mr. Allen. Yes: it was. 



7266 IMPROPER ACTIVITIES IN THE LABOR FIELD 

The Chairman. It was organized at that tune ? 

Mr. Allen. Yes. 

The Chairman. So your sin, the offense you committed, was send- 
ing out a nonunion driver on the truck ? 

Mr. Allen. That is right, sir. 

The Chairman. And for that you got this beating ? 

Mr. Allen. Yes. 

The Chairman. Wlien did you quit the employ of this company? 

Mr. Allen. I believe in July of 1956. 

The Chairman. You haven't worked since ? 

Mr. Allen. Yes, sir ; I worked for Hayes Freight Lines. 

The Chairman. You worked for Hayes Freight Lines ? 

Mr. Allen. Yes, sir. 

The Chairman, I guess you didn't put on any nonunion truck- 
drivers any more after that ; did you ? 

Mr. Allen. Yes, sir ; I did. 

The Chairman. You did? 

Mr. Allen. Yes, sir. 

The Chairman. You were taking a pretty big risk ; were you not ? 

Mr. Allen. Well, I would have been more prepared for anything 
of this kind after that. 

The Chairman. You made a little preparation ? 

Mr. Allen. Well, in my mind I would have been more watchful 
about who I was talking about and who I would turn my back on. 

The Chairman. Did he ever give you any more trouble after that ? 

Mr. Allen. No, sir. 

The Chairman. Is this fellow Smith from Nashville ? 

Mr. Allen. Yes, sir. 

The Chairman. We have had a lot of testimony about him as a kind 
of a troubleshooter to be sent around over the country to commit 
violence. 

Mr. Allen. I understand that now, sir. 

The Chairman. You didn't know it then ? 

Mr. Allen. I did have at that time some knowledge of his reputa- 
tion, but I was unprepared for any action on his part at that time. 

The Chairman. Are there any further questions ? 

Mr. Kennedy. How old are you ? 

Mr. Allen. I am 47. 

Mr. Kennedy. Did you mind withdrawing the charges ? 

Mr. Allen. No ; I didn't mind. 

Mr. Kennedy. You did not ? 

Mr. Allen. No. 

Mr. Kennedy. Wlio paid the court costs ? 

Mr. Allen. Yes. 

Mr. Kennedy. You paid them ? 

Mr. Allen. The company paid them. 

Mr. Kennedy. The comr>any paid them in this case ? 

Mr. Allen. I beg your rdon ? 

Mr. Kennedy. The com any paid them in this case ? 

Mr. Allen. Yes. 

The Chairman. "Why a'd you not mind withdrawing the charges? 
I would not like to just get beat up like that, with my nose broken 
and a cut over the eye without having a little satisfaction some- 



IMPRiOPER ACTIVITIES IN THE LABOR FIELD 7267 

where. I don't know whether I could get it personally. It seems to 
me like after having initiated the charges you would want to see 
justice done. 

Mr. Allen. Well, in the case of justice, it was entirely my idea 
that I should have been prepared for anything of that kind. 

The Chairman. You kind of blamed yourself for not being better 
prepared ? 

Mr. Allen. Yes, sir. 

The Chairman. I don't think that excuses a man to walk up and 
knock you in the head just because you are not prepared. I hope that 
doesn't justify it. Is there anything further ? 

Senator Curtis. Mr. Chairman, I think it would be well to observe 
at this point with reference to sending out a driver who didn't belong 
to the union, that was no violation of law. The Federal law prohibits 
the closed shop. Even under a union-shop contract, he would have 
30 days or some such period after his employment to join the union. 
No offense whatever was committed by this man. 

The Chairman. I didn't tliink any offense was committed, but I 
cannot quite rationalize his attitude about it. I think I would have 
been a little unhappy to take a beating like that for nothing and then 
be compelled to withdraw the charges. Did you feel you were under 
compulsion when you withdrew the charges ? 

Mr. Allen. No, sir. 

The Chairman. The head of your company said it was a hard thing 
for him to have to do to ask you to withdraw them ? 

Mr. Allen. Yes, sir. 

The Chairman. And he is the one who prompted you to initiate 
the charges as I understand it. 

Mr. Allen. Yes, sir. 

The Chairman. Has his boss been contacted to give an explanation ? 

Mr. Kennedy. He will be a witness. 

The Chairman. He will be around here ? All right. 

Thank you very much. 

Call your next witness. 

Mr. Kennedy. Mr. Wallace Davis. 

The Chairman. You do solemnly swear the evidence you shall give 
before this Senate select committee shall be the truth, the whole truth, 
and nothing but the truth, so help you God ? 

Mr. Davis. Yes. 

TESTIMONY OF WALLACE DAVIS 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Davis. My name is Wallace Davis. I live at 8363 Monte Vista 
Street, Jacksonville, Fla. I am employed by the Great Southern 
Trucking Co. as their transportation contrQl manager. 

The Chairman. You waive counsel, do ,a, Mr. Davis? 

Mr. Davis. Yes. . ,', 

The Chairman. Mr. Kennedy, proceed. 

Mr. Kennedy. Mr. Davis, you worked ij^jr the Terminal Trucking 
Co. during 1955 ? 

Mr. Davis. Yes. 



7268 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. What was your position at that time ? 
Mr. Davis. Chief dispatcher. 

Mr. Kennedy. You were present at the time that Mr. "VV. A. Smith 
came on April 5, 1955 ? 

Mr. Davis. Yes. 

Mr. Kennedy. At the time he gave the beating to the previous 
witness? 

Mr. Davis. Yes. 

Mr. Kennedy. Could you tell the committee what transpired. 

Mr. Davis. Well, W. A. Smith, or Smitty as he was known as, and 
A. B. Smith, line driver steward, came out to discuss the hiring of 
extra help or casual help that they used on the weekends and when we 
were in need of casual labor. They discussed that along with perhaps 
some other things that they might have had, such as grievances. But 
the main topic of conversation was the employment of these casual 
drivers. 

Smith was not — that is, Smitty — was not pleased with the men 
that Mr. Allen had selected. He wanted him to use the men that he 
sent to him from the union hall. The conversation got somewhat 
heated and Smith appeared to be leaving, and then he turned and 
came back and started his attack on Mr. Allen. 

Mr. Kennedy. How would you describe the attack ? 

Mr. Davis. Well, it was a brutal, vicious sort of an attack. 

Mr. Kennedy. Was Mr. Allen able to fight back at all ? 

Mr. Davis. No, I don't think he was able after the first blow. He 
apparently was unaware that he was going to be hit, and after that 
blow he was not able to fight back. 

Mr. Kennedy. Did Smith just keep hitting him even with Allen 
just standing there? 

Mr. Davis. Yes; he did. And apparently he was choking him 
while Mr. Allen was defenseless. 

Mr. Kennedy. Have you ever seen anything like that before? 

Mr. Davis. No. 

Mr. Kennedy. What did you try to do, or what did anybody else 
try to do ? 

Mr. Davis. There was very little I could do. In the arrangement 
of the office at that time I was across a double desk. There was very 
little I could do. There was no attempt on my part other than I did 
ask Smitty to come on and get out before he got in trouble, and he 
turned and said to the steward, "Let's get out of here." 

Mr. Kennedy. So they went out through the door ? 

Mr. Davis. So they left. 

Mr. Kennedy. What was the condition of Mr. Allen after Mr. 
Smith left? 

Mr. Davis. He was bleeding around the nose and face, and had be- 
gun to swell around the eye and nose. He went into the restroom, 
together with one of the shopmen out in the shop, to wash up his face 
and so on, and sort of examine his condition. 

Mr. Kennedy. Was he taken to the hospital after that ? 

Mr. Davis. I believe he was taken to a doctor. 

Mr. Kennedy. Did you call Mr. Katz, the president of the company ? 

Mr. Da\^s. No. I — I called Atlanta. I called the general office, 
and I believe I talked to Mr. Spikerman, the vice president at that time. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7269 

Mr. Kennedy. Did you describe to him what had happened ? 

Mr. Davis. Yes. I told him what had occurred and what had hap- 
pened. 

Mr. Kennedy. Did Mr. Katz come down then the following day ? 

Mr. DA^^s. Yes; he, and I believe Mr. Spikerman, both came the 
following day, the best I recall. They both came either late that day 
or early the next day. 

Mr. Kennedy, Did you see Mr. Katz when he came down ? 

Mr. Davis. I saw him while he was there ; yes. 

Mr. Kennedy. Was he upset and incensed as to what had happened 
to Mr. Allen? 

Mr. Davis. He appeared to be angry about it, 

Mr. Kennedy. Did he want something done about it? 

Mr. Davis. Yes. 

Mr. Kennedy. He wanted Mr, W. A. Smith prosecuted; is that 
right? 

Mr. Davis. Yes. 

Mr. Kennedy. Mr. Allen decided to prosecute and then did you 
appear before the grand jury ? 

Mr. Da\^s, I went to the court but I did not appear before the 
grand jury. I was not called before the grand jury to give any 
testimony. 

Mr. Kennedy. But Mr. Smith was indicted ; was he not ? 

Mr. Davis. Yes. 

Mr. Kennedy. Did you understand that the charges were with- 
drawn ? 

Mr. Davis. Yes. 

Mr. Kennedy, Were you surprised at that ? 

Mr. Davis. Yes ; I was. 

Mr. Kennedy. Did you have any explanation or did you understand 
why the charges were withdrawn ? 

Mr. Davis. No ; I did not. I wasn't with Terminal Transport at the 
time the charges were withdrawn and I knew nothing about it. 

Mr. Kennedy. '\'Miat is your best information as to why the charges 
were withdrawn ? 

Mr. Davis. Well, it was generally believed among the people there 
that it was withdrawn to keep down labor trouble or pressure put on 
the company by the union. 

Mr. Kennedy. That is what was generally understood ? 

Mr. Davis. Yes. 

Mr. Kennedy. That is all. 

The Chairman. Are there any questions? 

If not, thank you very much, Mr. Davis. 

Call your next witness. 

In the meantime, the Chair will insert in the record at this point an 
affidavit from Charles H. Smart, who was also present. The affidavit 
will be printed in the record in full. So we may get a general idea, I 
will read only part of it. 

It seems that Mr. W. A. Smith wanted to have Mr. Allen hire certain union 
drivers on weekends. Mr. Allen, in his normal, mild manner, did not agree. 
Suddenly, without provocation, I saw W. A. Smith strike Allen a number of 
times in the face with his fist. I could see that Mr. Allen was dazed from the 



7270 IMPROPER ACTIVITIES IN THE LABOR FIELD 

blows and bleeding profusely from the face and head. I quickly left the room 
in order to get help. When I returned to the office with a couple of men, I saw 
A. B. Smith, the steward, walking out of the building with W. A. Smith. A 
short time after the assault had taken place, Mr. A. B. Smith, who did not partici- 
pate whatsoever in the assault, returned to Mr. Allen's office. He was quite 
upset, and he remarked to Mr. Allen that he had no idea that W. A. Smith would 
attack Mr. Allen. He further stated that, if he had any idea that anything like 
that was going to happen, he would not have accompanied the teamster union 
official to Mr. Allen's office. 

(The affidavit referred to follows:) 
Affidavit 

I, Charles H. Smart, who reside at 927 McClurkia Avenue, Nashville, Tenn., 
freely and voluntarily make the following statement to LaVern J. Duffy, who has 
identified himself to me as a member of the staff of the United States Senate 
Select Committee on Improper Activities in the Labor-Management Field. No 
threats, force, or duress has been used to induce me to make this statement, nor 
have I received any promise of immunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee : 

Since the year 1955, I have held the position of dispatch clerk for the 
Terminal Transport Co., with offices in Nashville, Tenn. I recall on April 5, 
1955, I was sitting at my desk, which was located approximately 5 feet from 
the desk of Mr. Frank Allen, the terminal manager for the company, when 2 men 
came into the office to see Mr. Allen. One of the men was W. A. Smith, teamster 
business agent in Nashville, and the other man was A. B. Smith, a steward for the 
teamster union, employed at the Terminal Transport Co. in Nashville. It always 
made an impression on me when W. A. Smith of the teamster union would 
visit the office, because he was always loud and boisterous. His visit to the 
office on April 5 was no exception ; at the outset of his discussion with Mr. Allen, 
he began yelling and making certain demands. 

It seems that Mr. W. A. Smith wanted to have Mr. Allen hire certain union 
drivers on weekends. Mr. Allen, in his normal, mild manner, did not agree. 
Suddenly, without provocation, I saw W. A. Smith strike Allen a number of 
times in the face with his fist. I could see that Mr. Allen was dazed from the 
blows and bleeding profusely from the face and head. I quickly left the room 
in order to get help. When I returned to the office with a couple of men, I saw 
A. B. Smith, the steward, walking out of the building with W. A. Smith. A 
short time after the assault had taken place, Mr. A. B. Smith, who did not 
participate whatsoever in the assault, returned to Mr. Allen's office. He wa.Sf 
Quite upset, and remarked to Mr. Allen that he had no idea that W. A. Smith 
would attack Mr. Allen. He further stated that, if he had any idea anything 
like that was going to happen, he would not have accompanied the teamster- 
union official to Mr. Allen's office. 

I have read the foregoing statement, and, to the best of my knowledge, it is 
true and correct. 

Charles H. Smart. 

Witnesses : 

LaVern J. Dufft. 
James McShane. 

Sworn to and subscribed before me this 14th day of August 1957. 
[seal] Robert D. Hall, 

Chief Deputy Clerk, United States District Court, Nashville, Tenn. 

Mr. Kennedy. Mr. Joseph A. Katz, please. 

The Chairman. Come forward, Mr. Katz. 

Yoii do solemnly swear the evidence you shall give before this 
Senate select committee will be the truth, the whole truth, and noth- 
ing but the truth, so help you God ? 

Mr. Katz. I do. 



IMPROPEIR ACTIVITIES IN THE LABOR FIELD 7271 

STATEMENT OF JOSEPH KATZ 

The Chair3ian. State your name, your place of residence, and 
your business or occupation. 

Mr. Katz. Joe Katz, 3460 Tuxedo Koad, Atlanta, Ga., president, 
Terminal Transport Co. 

The CiiAiRMAx. Do you waive counsel, Mr. Katz? 

Mr. Katz. Yes, sir. 

The Chairman. Proceed. 

Mr. Kennedy. Mr. Katz, you are president of the Terminal Trans- 
port Co. ? 

Mr. Katz. Yes, sir. 

Mr. Kennedy. For how long have you held that position ? 

Mr. Katz. I start my seventh year this coming January. 

Mr. Kennedy. You operate in how many States ? 

Mr. Katz. Approximately 6 or 7 States. 

Mr. Kennedy. Six or seven States? 

Mr. Katz. Yes. 

Mr. Kennedy. What area of the country ? 

Mr. Katz. What area? We operate directly north and south. 

Mr. Kennedy. On the eastern seaboard ? 

Mr. Katz. Yes. 

Mr. Kennedy. And how many drivers do you have ? 

Mr. Katz. We have, approximately, between 200 and 250 drivers. 

Mr. Kennedy. And that includes over-the-road drivers as well as 
local drivers ? 

Mr. Katz. That is right. 

Mr. Kennedy. You have contracts with the teamstears union ? . 

Mr. Katz. Yes, sir. 

Mr. Kennedy. Covering those drivers, or the vast majority of the 
drivers I 

Mr. Katz. Yes. 

Mr. Kennedy. You learned in April of 1955 that Mr. Allen, who 
was the terminal manager in Nashville, was beaten; is that right? 

Mr. Katz. I don't remember the exact date, but 1 did hear that he 
was beaten. 

Mr. Kennedy. In April 1955. 

Mr. Katz. If that is the date, I w^ill go along with it. 

Mr. Kennedy. You learned that in Atlanta, and you came from 
Atlanta to Nashville to look into the matter ? 

Mr. Katz : Yes. 

Mr. Kennedy. You talked to Mr. Allen at that time ? 

Mr. Katz. I went to the hospital to see Mr. Allen. 

]Mr. Kennedy. You say he was badly beaten ? 

Mr. Katz. That is right. 

Mr. Kennedy. Did you recommend at that time that he press charges 
against W.A.Smith? 

Mr. Katz. Yes. 

Mr. Kennedy. And he agreed to do so ? 

Mr. Katz. Yes. 

Mr. Kennedy. There was a grand jury, and Mr. W. A. Smith was 
indicted for assault with intent to kill. You subsequently contacted 
Mr. Allen and suggested that he withdraw these charges ; is that right? 

89330— 58— pt. 18 15 



7272 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Katz. I don't know exactly what the story was in Nashville — 
I mean what type of case it was — but I did talk to Frank and sug- 
gested that he drop the case. 

Mr. Kennedy. In between the time that you came to Nashville and 
suggested that he press the case, and the time that you came to Nashville 
and suggested that he withdraw the case, what teamster officials did you 
talk this matter over with ? 

Mr. Katz. I talked to Mr. San Soucie up in — I think that was In- 
dianapolis at that time. 

Mr. Kennedy. That is Gene San Soucie ? 

Mr. Katz. Yes. 

Mr. Kennedy. What was his position in the teamsters ? 

Mr. Katz. He was president of local 135 

Mr. Kennedy. What conversations did you have with him ? 

Mr. Katz. We were discussing some other things, and that came up. 
Gene suggested to me that I drop it. 

Mr. Kennedy. For what reason ? 

Mr. Katz. Just that, apparently, things were going along so well 
with our company. You see, before I bought this company, this com- 
pany had a lot of union trouble, a lot of it. And then, after I bought it, 
we had several strikes, too. We had started getting our labor relations 
in pretty good shape. Some of the drivers had also discussed it with 
me. They didn't want to see any further strikes on account of this 
incident. 

The Chairman. Let's see now. If a man comes in and beats up 
somebody, which, according to the testimony so far was without provo- 
cation, do I understand there was the threat or the implication that 
a strike would take place if these charges were pursued 'i 

Mr. Katz. No, sir; not exactly. But we have — we did have in 
Nashville a lot of drivers that were very radical, and from time to 
time, if things didn't go exactly the way they wanted them to go, they 
might walk out for a period of 24 hours. When that happens in our 
business, it is bad. 

The Chairman. In other words, you would rather persuade this 
man not to press charges, this fellow that got his face beaten up, his 
nose broken, and so forth, persuade him not to press charges to save 
yourself from labor trouble; is that it? 

Mr. Katz. No, sir. 

The Chairman. What else does it add up to ? 

Mr. Katz. Also, Frank Allen had discussed with me the fact that 
he and his wife were both mighty concerned about this things, and I 
think his wife was very nervous. 

The Chairman. Concerned how ? Concerned that there would be 
more violence? 

Mr. Katz. Yes, sir. 

The Chairman. In other words, there was apprehension that, if 
you pressed the charges, the next time it would be worse; is that it? 

Mr. Katz. That is the impression I got, sir. 

(At this point Senator Curtis left the hearing room.) 

Mr. Kennedy. You talked to Mr. San Soucie. Did you talk to any 
other union officials ? 

INIr Katz. At a later date I was in Chicago having lunch at a hotel. 
We were up there on some grievance meetings. Mr. Hoffa came in and 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7273 

sat down, and the subject came up. If I remember correctly, Mr. 
Hotfa said that he would like to see the tiling dropped. 

Mr. Kennedy. Was there any other conversation that you had with 
any other one? You had this conversation with Mr. Holla and Mr. 
San Soucie. Did you have conversations with any other teamster 
officials ? 

Mr. IvATz. I don't remember anyone else. 

Mr. IvENNEDY. Did any representative of yours talk to Mr. Dusty 
Miller? 

Mr. Katz. Yes; there was. At the time this happened, I think it 
was the same afternoon or the next afternoon, our labor-relations man 
was in Nashville — was stationed there, in fact — and I insisted that he 
get hold of Mr. Miller and tell Mr. Miller that we didn't want Mr. 
Smith to come aromid our barn any further. 

(At this point Senator Ives left the hearing room.) 

Mr. Kennedy. What did Mr. Miller say about that ? 

Mr. IvATZ. He was quite disturbed about it. From the information 
I got later through the grapevine, Mr. Miller got hold of the president 
of the local in Nashville and told him to keep Mr. Smith away from 
our terminal. 

Mr. IvENNEDY. Was any disciplinary action taken against Mr. 
Smith? 

Mr. Katz. I don't know that. 

Mr, Kennedy. Did you check to find out if they did anything about 
Mr, Smith? 

Mr. Katz. No, sir. 

Mr, Ivennedy. Even though your employee had been brutally 
beaten, you didn't check to see if anything at all would happen to 
Mr. Smith? 

Mr. IVATZ, No, sir ; I didn't. 

Mr. Ivennedy, Was there any discussion with Mr. Hoffa as to your 
employee and his rights under the matter ? 

Mr, Katz, Would you give me that again, please ? 

Mr, Kennedy, Was there any discussion with Mr. Hoffa in Chicago 
as to the rights of your employee, Mr, Allen, in the matter? 

Mr, Katz, Yes, I told Mr. Hoffa that I was pretty aggravated 
about a business agent taking something like this in his hands and 
beating up one of my people, I told him, as far as I was concerned, 
it was absolutely uncalled for, Mr, Hoffa agreed with me and said, 
"Well, you know how boys are sometimes. They will get into a hot- 
headed discussion," In our particular business, it does happen not 
necessarily between union and company, but many, many times you 
will have drivers get into it the same way. 

Mr, Kennedy, Did you find out from Mr. Hoffa whether he, as 
the head of Mr, Dusty Miller, wliether he was going to take any action 
against Mr. W, A. Smith ? 

Mr. Katz, No ; I didn't, 

Mr. Kennedy, Was anybody in your company or in the teamsters 
concerned at all regarding what action should be taken against W. A. 
Smith for inflicting this beating on this man ? 

Mr, Katz, I was aggravated about it. I didn't pursue it any 
further. 



7274 IMPROPER ACTIVITIES IX THE LABOR FIELD 

Mr. Kennedy. You were aggravated, but that is about as far as it 
went ? 

Mr. Katz. That is right. 

Mr. Kennedy. You were concerned whether you were going to have 
any labor difficulties, as your company had had labor difficulties prior 
to the time you became president ; is that right — and for that reason 
you suggested that your employee withdraw these charges? 

Mr. Katz. I don'tknow if I will go along with that, Mr. Kennedy. 

Mr. Kennedy. You explain it. 

Mr. Katz. We weren't threatened in any way. At least, I wasn't. 

Mr. Kennedy. You might not have been threatened, but you had 
conversations with Mr. San Soucie, who is one of Mr. Holla's right- 
hand men, and you had a conversation with Mr. Hoffa, and then you 
decided that you would ask your employee to withdraw these charges. 
So, you must have been concerned or upset about something, Mr. 
Katz. 

Mr. Katz. Well, I was upset when the thing first happened, and 
then, as months went by, naturally, you cool off and forget. 

Mr. Kennedy. You were concerned, also, about the trouble or diffi- 
culties that your company might have with the union, were you 
not? 

Mr. Katz. I don't think so. 

Mr. Kennedy. You said that earlier, Mr. Katz ; the fact that your 
company had had trouble with the union prior to the time you became 
president. 

Mr. Katz. That is correct ; lots of it. 

Mr. Kennedy. And you associated that with the conversation you 
had with Mr. San Soucie. You wanted to keep a peaceful relationship 
with the union. 

Mr. Katz. That is right. 

Mr. Kennedy. And you were willing at that time to have, certain- 
ly, the rights of your employees sacrificed to insure the fact that you 
would have peaceful relationships with the union ; were you not ? 

Mr. Katz. Yes, sir. 

Mr. Kennedy. That is all. 

The Chairman. Are there any questions ? 

Senator McNamara. Yes, Mr. Chairman. In the changing of your 
mind, when you suggested that Mr. Allen drop the charges, were you 
intimidated at all by anybody ? 

Mr. Katz. None whatsoever, sir. 

Senator McNamara. They just requested that you take the action, 
and you went along without any threats or intimidation or anything 
else? 

Mr. Katz. That is right, sir. 

Senator McNamara. That is all. I thought you said you were ap- 
prehensive about further trouble ? 

Mr. Katz. Sir? 

The Chairman. Didn't you say you were apprehensive about fur- 
ther trouble if the charges were pressed, or did you ? 

Mr. Katz. No, sir ; I wasn't concerned about having further trouble 
on account of that. 

The Chairman. All right. 

Mr. Kennedy. Would you read back the last answer he made to my 
question, please ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7275 

The Chairman. I think you said that, and I think you also added 
to it. In the course of examining you, you added to it that Mr. Allen 
and his wife were disturbed and they were apprehensive also that the 
situation would be worse next time. 

Mr. Katz. Yes; but I wasn't acquainted with the situation that 
actually existed up there, and how bad it was, on all of these accounts 
that occurred at Nashville. They were, and I wasn't. 

The Chairman. I understand. 

Mr. Kennedy. I would like to have the reporter read back the last 
answer to the last question I asked him. 

The reporter read from his notes as follows : 

Mr. Kennedy. And you were willing at that time to have, certainly, the 
rights of your employees sacrificed to insure the fact that you would have peace- 
ful relationships with the union, were you not? 

Mr. Katz. Yes, sir. 

The Chairman. That is all. Call the next witness, 

Mr. Kennedy. Mr. and Mrs. Eobert Whitley. This is a diifferent 
matter, Mr, Chairman. 

The Chairman. You will both be sworn, please. You do solemnly 
swear that the testimony you shall give before this Senate select com- 
mittee will be the truth, the whole truth, and nothing but the truth, 
so help you God ? 

Mr. Whitley. Yes, sir. 

Mrs. Whitley. Yes, sir. 

TESTIMONY OF ROBEKT V. WHITLEY AND JOSEPHINE WHITLEY 

The Chairman. Each state your name, your place of residence, and 
your business or occupation. 

Mr. Whitley. Roliert V. Whitley, Jr., 191 Thompson Lane, Nash- 
ville, Tenn. I own and operate the Woodbine Radio Cab. 

The Chairman. Own and operate what ? 

Mr. Whitley. Woodbine Radio Taxicab Co. 

Mrs. Whitley. Mrs. Robert Whitley. I work with my husband in 
operating the Woodbine Radio Cab Co. 

The Chairman. Thank you very much. Do each of you waive 
counsel ? 

Mr. Whitley. Yes, sir. 

Mrs. Whitley. Yes, sir. 

The Chairman. Proceed. 

Mr, Kennedy. You had, in October 1954, approximately 10 cabs; 
did you ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. You operate in Nashville, Tenn. ? 

Mr. Whitley. That is right. 

Mr. Kennedy. And the teamsters came and attempted to organize ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. Did you refuse to sign a contract at that time ? 

Mr. Whitley. They came out one afternoon to talk the situation 
over with me. It waskind of late, and I told him I was kind of busy. 
I seemed not to be disagreeable with them. I told them I would talk 
it over with them the next morning, and we would meet the next 
morning. 

Mr. Kennedy. You would do what ? 



7276 IMPROPER ACTIVrTIES IN THE Lu\BOR FIELD 

Mr. Whitley. Meet and talk the situation over the next morning. 

Mr. Kennedy. Did yon meet ? 

Mr. Whitley. Yes ; we met the next day. We set a time there, but 
they wasn't there at the time they specified they would be. 

Mr. Kennedy. So as I understand it, you first operated in Nash- 
ville ; is that right ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Did you move out of Nashville into Shelby ville ? 

Mr. Whitley. Well, that night I moved the taxicabs out of Nash- 
ville. 

Mr. Kennedy. You moved them out ? 

Mr. Whitley. I moved the cabs away from the cab office. 

Mr. Kennedy. At the time you were approached by the teamsters ? 

Mr. Whitley. No; that was after. We were in operation when I 
was approached by the teamsters. 

Mr. Kennedy. It was after that ? 

Mr. Whitley. Yes. 

Mr. Kennedy. Was it during the discussion of the time the team- 
sters first approached you ? 

Mr, Whitley. They approached me that afternoon, and that night 
I moved the cabs out of Nashville into Shelby ville, before the meeting 
the next morning. 

Mr. Kennedy. For what reason did you do that ? 

Mr. Whitley, Well, from the reputation that I have heard that 
they have had, I was afraid they would tear up the equipment, and 
so I thought it best that I would take them away from the place of 
business to keep them from being tore up. 

Mr, Kennedy. Did anything happen to your place of business 
after you moved out ? 

Mr, Whitley, Well, not right then. It was approximately 10 days 
after that. They walked pickets there for 10 days or 2 weeks, and I 
was closed. I shut down. So one Sunday morning I had a call from 
the fellow who runs a service station across from me, telling me I had 
better come down there, that my office was wrecked, 

Mr. Kennedy. You reported that to the county sheriff's office? 

Mr, Whitley. Yes, sir. 

Mr. Kennedy. Were you ever interviewed further on the matter? 

Mr. Whitley. Yes ; they came out, and as a matter of fact, I went 
up there to the sheriff's office and told them the situation, and as a 
matter of fact, I even offered a reward for the arrest and conviction 
of anyone found guilty. 

Mr. Kennedy. Did you ever find the responsible party ? 

Mr. Whitley, No, sir. 

Mr. Kennedy. So you moved out to Shelbyville, or you operated 
your cabs out in Shelbyville ? 

Mr. Whitley. I did not operate the cabs out there. I just had 
them stored there. 

Mr. Kennedy. And you continued to operate ? 

Mr. Whitley. No, sir ; I did not, 

Mr. Kennedy. You stopped operating altogether? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy, You stopped operating altogether because of the 
reputation that the teamsters had ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7277 

Mr. Whitley. Yes, sir ; and I wanted to figure out myself wliat tlie 
best move was to do, to take into consideration what I ought to do, 
and what should be done. 

Mr. Kennedy. So you closed down your business altogether ? 

Mr. Whitley. I closed down my business altogether. 

Mr. Kennedy. How long did that last ? 

Mr. Whitley. Two weeks. 

Mr. Kennedy. Then did you decide to open up again ? 

Mr. Whitley. I decided to open up again. 

Mr. Kennedy. For what reason ? 

Mr. Whitley. Well, I had some sort of an oral contract with the 
Davidson Board of Education hauling handicapped children to school, 
and I had 73 handicapped children. During the time I was shut down, 
they did not go to school. 

Mr. Kennedy. Because there was nobody to take them to school 
other than yourself ? 

Mr. Whitley. That is right. 

Mr. Kennedy. So did they request that you open up again ? 

Mr. Whitley. The mothers and parents of the children kind of en- 
couraged me to go back into the business, and so I told the drivers and 
I contacted some of the drivers and they told me they talked it over 
with the union officials, and see what they could do. So during the 
time I got together with the union official, and the city taxicab in- 
spector, who came to my home. 

Mr. Kennedy. Who was the city taxi inspector ? 

Mr. Whitley. Frank Eeed was his name. 

Mr. Kennedy. Frank Reed ? 

Mr, Whitley. Yes. 

Mr. Ivennedy. That is R-e-e-d ? 

Mr. Whitley. Yes, sir; that is right. He came to my home, and 
they told me well, I had best sign up with the union if I wanted to 
operate, and he did not want to see anybody get hurt, and it would be 
best for those concerned. 

Mr. Kennedy. The city cab inspector came to your home and sug- 
gested that you sign up with the union ; is that riglit ? 

Mr. Whitley. With the business agent. 

Mr. Kennedy. He came with the business agent ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. Was he in the teaijisters union ? 

Mr. Whitley Yes, sir ; he is a member of the teamsters union. 

Mr. Ivennedy. The city cab inspector was actually a member of the 
teamsters union himself ? 

Mr. Whitley. Yes, sir ; and he still is. 

Mr. Kennedy. He still is a member of the teamsters union ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. Yet he worked for the city and held the position of 
city cab inspector ? 

Mr. Whitley. That is right. 

Mr. Kennedy. And he told you or he came out to your home and 
suggested you join the teamsters union if you wanted to avoid violence ? 

Mr. Whitley. That is right. 

Mr. Kennedy. And difficulties ? 

Mr. Whitley. If I wanted to operate. 



7278 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. So you signed a union contract with the teamsters. 

Mr. Whitley. I signed a union contract with the teamsters, and 
started operating again, and I got the cabs back from Shelbyville. 

Mr. Kennedy. Did you have any problems or difficulties with the 
teamsters then ? 

Mr. Whitley. Well, for a 2-week period that I operated, while 
the drivers were there, they were members of the teamsters union, and 
I had nothing but trouble, and I just could not control them no way 
at all, and they would do anything and they always had some sort of 
order or request whenever I asked them to do something. 

Mr. Kennedy. Prior to this time, before you were in the union, how 
did your wage scale compare to the union wage scale ? 

Mr. Whitley. Eight along the same. 

Mr, Kennedy. About the same ? 

Mr. Whitley. They were on a percentage basis, and they did not 
have any guaranteed salary, and at that time their percentage was run- 
ning away over the amount of what the union drivers were making. 
As a matter of fact, during the contract that I had for hauling chil- 
dren, they were making more than the union cab company was making. 

Mr. Kennedy. Actually they were making more ? 

Mr. Whitley. Yes ; during the time that they worked. 

Mr. IvENNEDY. You had some difficulty with certain of the drivers 
that the teamsters provided you ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. After you signed up with them ? 

Mr. Whitley. Yes. 

Mr. Kennedy. Just tell us briefly what the problems were and the 
difficulties. 

Mr. Whitley. Well, we have certain points in Nashville that I 
operate just outside the city of Nashville, in the suburbs, and we have 
certain ^^oints in Nashville where the passengers more or less call 
from, and we sort of have a zone period. So I told some of the drivers 
to hold it there at a certain point. Maybe it would be a couple of 
hours from the office there to give these people the service, and have a 
cab sitting aroinid on the corner, and I would send them out there, 
and the next thing I would know they would be walking into the office. 
So I asked them, and I said, 'T thought I told you to hold it up on a 
certain corner," on these points, which was 2 or 3 miles from the office. 
They said they did not want to do it and they wanted to come to the 
office, there was nothing going on down there, and they wanted to be 
where everybody was. 

Mr. Kennedy. You had that problem, and did you also have a prob- 
lem of gambling and drinking on the job ? 

Mr. Whitley. Yes ; when I would leave the office maybe to go eat, 
I would come back and they would be playing cards and playing 
poker. I requested them 2 or 3 times to stop and so one afternoon I 
went in and I told them, "I have asked you 2 or 3 times and I have 
asked you 4 times, and the next time I come in and catch you gambling, 
I am going to fire the lot of you." So they said, "Well, it is 4 of us and 
1 of you. You prove it." 

The Chairman. What is that? 

Mr. Whitley. There were 4 of them and 1 of me, for me to prove it, 
that they were gambling. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7279 

Mr. Kennedy. These were your employees ; is that right ? 

Mr. Whitley. Yes, sir. 

Mr, Kennedy. So they were disobeying ordere, and they were 
gambling. And then did yon catch some of these same people, this 
group, and were they drinking also ? 

Mr. Whitley. Yes, sir ; they would go down and some of the insti- 
gators would go down to the joint at night and call me on the phone, 
and drinking and carrying on, and I could hear the telephone what 
was going on. 

Mr. Kennedy. What would they say to you on the telephone ? 

Mr. Whitley. They would curse me out, and tell me I didn't know 
anything about operating a cab business, and why didn't I get out 
and let them have it. 

Mr. Kennedy. So you decided to fire them ? 

Mr. Whitley. Yes, sir. 

The Chairman. They were trying to run you out of business and 
take over your business ? 

Mr. Whitley. Yes, sir. 

The Chairman. That was after you had signed a union contract? 

]\Ir. Whitley. Yes, sir ; they told me to get out and let them run the 
cab company there. 

The Chairman. You were trying to get along w^itli them, and you 
signed a contract under coercion, and threats, and you could not 
operate it unless you did sign it ? 

Mr. Whitley. That is right. 

The Chairman. Then when you got them in there, they wanted to 
take charge? 

Mr. Whitt.ey. That is right. They would drive out there in the 
car and drink beer in front of the office and throw their cans and 
bottles on the sidewalk there, on the company premises. 

The Chairman. Just to show you that they could do it and get by 
with it, is that right ? 

Mr. Whitley. One of them, the instigator was the head, he was 
the main leader of the bunch, and I fired him. The next morning he 
came to work so he went to the union hall, and he got the business 
agent, and he came out to my place and asked me why I fired him, and 
I said for interfering with the company management. So he laughed 
about it and he said, well, that wasn't any reason to fire the man, and 
he was a good union member, and I would have to put him back to 
work. So I told him I could not see it. So he said, "Well, we will 
just walk out on strike again." 

Mr. Kennedy. He wanted you to put him back to work and pay him 
the day's salary that he missed, and you refused to do that? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. So they said they are going to walk out. 

Mr. Whitley. Yes, sir. 

Mr. Kennedy, And they walked out and established a picket line ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. Then a few days passed and did you give them over 
the weekend to come back to work or otherwise you told them you 
were going to get some new drivers ? 

Mr. Whitley, That happened on Thursday. On Saturday I told 
them, "Well, all of you have a job here, but this one particular fellow." 



7280 IMPROPER ACTIVITIES IN^ THE LABOR FIELD 

So I said, "I will give you until Monday to come back on the job or 
I will hire a whole new crew." So they didn't come back on Monday, 
and that is what I did. 

Mr. Kennedy. You hired a brandnew crew ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Did you have any acts of violence follow when you 
put on these new drivers ? 

Mr. Whitley. Yes, sir, some of the drivers were threatened, and 
I was threatened, and they told me that it was dangerous for me to 
be on the streets, and it was going to get dark after a while. They 
went up behind the cars when we were hauling passengers and they 
put on brakes and tried to scare the people from riding. 

Mr. Kennedy. They would come up and bump your cabs in other 
cars, is that right ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. They would go in front of your cars and then stop 
their car suddenly to scare the passengers? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. They threw a brick tlii'ough the window of your 
cab on one occasion ? 

Mr. Whitley. They thro wed a brick at the cab and hit the fender 
of the cab. 

Mr. KIennedy. Did they break any of the windshields of your 
cabs ? 

Mr. Whitley. Wliile the cabs were there at night, I had them 
parked in front of the office, where I could kind of watch them and 
see what happened to them. 

Mr. Kennedy. Was there anybody in the cabs, or did any of the 
city officials know what they were doing in the harrassment of your 
cabs? 

Mr. Whitley. Yes. "Whenever anything happened, we would call 
the police, and of course they would come and talk to the driver. 

Mr. Kennedy. Wliat about Mr. Eeed ? Did you ever bring this to 
the attention of Mr. Eeed ? 

Mr. Whitley. Yes ; and, as a matter of fact, Mr. Reed was riding 
around with the union officials. 

Mr. Kennedy. He was riding around with the union officials at the 
time this was going on ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. He is the city cab inspector ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. He was riding around while these union officials 
were harrassing your cab, is that right ? 

Mr. Whitley. That is right. 

Senator McNamara. At that point, can you tell me how this city 
cab inspector got his job? Was it by competitive examination or was 
he appointed by the chief officer or what? 

Mr. Whitley. I don't know how he got the job? The way I un- 
derstand it, it is an appointed job. 

Senator McNamara. Was he formerly a policeman, or a member of 
the force ? 

Mr. Whitley. No, he was a Yellow Cab driver, which was a union 
company. 



IMPROPER ACTIVITIES IK THE LABOR FIELD 7281 

Senator McNamara. They took him off the cabs and made him the 
inspector ? 

Mr. Whitley, Made him the inspector, yes. 

Senator McNamara, You think by appointment and not by com- 
petitive examination. 

Mr, Whitley, That is right. 

Senator McNamara. That is all, 

Mr, Whitley. His next-door neighbor where he lives is Don Vestal. 

Senator Curtis. These union cabdrivers that you had trouble with, 
after you signed up with the union, were they the same drivers that 
worked for you before you were unionized ? 

Mr. Whitley. Yes, sir. 

Senator Curtis. The same individuals ? 

Mr, Whitley, Yes, sir. 

Senator Curtis. You had no trouble with them before they belonged 
to the union ? 

Mr, Whitley. No, sir, no trouble at all. As a matter of fact about 
half of them did not want to join anyway. 

Senator Curtis, Well, was someone promoting them to have trouble 
with them ? 

Mr, Whitley. I had one driver there who was instigating and they 
wanted me to put him back and after the representatives from the 
union came to talk to me they said if I didn't I would have trouble. 

Senator Curtis, How do you explain their change in conduct ? You 
got along with them before they were in the union and they were 
troublemakers afterward, 

Mr, Whitley. Well, there was one that was instigating the deal, and 
he had a couple of buddies there that teamed along with him and 
they wanted to cause trouble, although I never had any trouble with 
them before. But they were drinking and they would go down to the 
place and get drinking together and that is when they got smart-alecky. 

Senator Curtis, And one of the reasons you went back into business 
was to take care of these seventy-some crippled children ? 

Mr, Whitley, 73 children, handicaped children, yes. 

Senator Curtis. You hauled them from their homes to school ? 

Mr. Whitley. Yes, and as a matter of fact there were several palsied 
pupils, and sightless children and deaf children, and you had to go to 
the door and pick them up and with some of them carry them into 
cabs and carry them into schools, and carry them back into the house 
in the evening. 

Senator Curtis, Are you in the taxicab business now ? 

Mr, Whitley, Yes, sir. 

Senator Curtis. Are you still taking care of the crippled children ? 

Mr, Whitley, No, sir, 

Mr, Kennedy, Now, were any of your drivers shot at ? 

Mr, Whitney, Yes, during the strike there, one of the drivers 
picked up a fellow in the city and was driving him toward the yards, 
the railroad yards in Nashville, south of Nashville, and as he passed 
the fairgrounds there, a bullet hit the windshield of the cab, 

Mr, Kennedy, Hit the windshield of what ? 

Mr. Whitley. Of the cab, of the taxicab. 

Mr. KJENNEDY. Was anybody hit by the glass ? 



7282 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Whitley. The glass fell down and cut the passenger's hand 
where he sat on the front side with the driver, 

Mr. Kennedy. Did you find your cabs were having difficulty getting 
passengers when some of these things were going on ? 

Mr. Whitley. Well, this fellow here, I heard the cab stop by the 
office and so I apologized for the incident and I said, "Well, we are 
going to try to keep on operating and we appreciate the business." 
"Well," he said, "As long as you boys have got guts enough to drive 
them, I have got guts enough to ride in them." 

Mr. Kennedy. Were any of your drivers beat«n ? 

Mr. Whitley. Yes, I had a driver that was beaten with a motor- 
cycle chain. 

Mr. Kennedy. Did you report these incidents to the police ? 

Mr. Whitley. Yes, sir, all of the instances that happened. Of 
course, outside the city there, I reported them to the sheriff. 

Mr. Kennedy. And did they come down and try to help you? 

Mr. Whitley. They would come immediately to begin with, for 
the first week or two, when we called them, and sometimes it would 
be an hour or two before they would come. 

Mr. Kennedy, In the beginning they were coming very quickly, but 
later they began to come later or be more tardy on arrival, is that 
right? 

Mr. Whitley. That is right. 

Mr. Kennedy. An hour or two hours later ? 

Mr. Whitley. Yes, sir, 

INIr. Kennedy, After you reported the incident. 

Mr, Whitley. I would have to call 4 or 5 times. 

Mr, Kennedy. Did they say anything after you made these re- 
quests for them to come down ? 

Mr. Whitley. Well, they would come there and they would look 
the situation over and, of course, by the time they got there every- 
thing was quieting down and the pickets and the group that gathered 
there were quiet. 

When people walked up to the office for a taxicab from the busline 
or would go down the street at night, there are no street lights out 
there at night and they didn't holler at the people like they had 
been. 

Mr. Kennedy. Did any one of the police officers say anything to you 
about wliat their attitude was toward this matter ? 

Mr. Whitley. Well, there was one there that came there to the 
office. He asked me why didn't I go ahead and shut down and quit 
bothering him. 

Mr. Kennedy. Why didn't you go and shut down and quit bother- 
ing them ? That was a representative of the police department ? 

]\Ir. W111TI.EY. Yes, sir. 

Mr. Kennedy. That was a corporal, was it? What was his posi- 
tion? 

Mr. Whitley, I am not sure, A corporal or sergeant, one or the 
otlier. I don't know what his rank was at the time, 

Mr, Kennedy. Did you know his name at the time ? 

Mr. Whitley, I asked one later and I didn't know his name but I 
asked one later Avhat his name was and he told me that the patrolman 
there or sergeant was named Dave "Wliite, 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7283 

Mr. Kennedy. Did you ever bring any specific charges against any 
of the union piclvets or union officials '^ 

Mr. Whitley. Yes; some of the pickets I did, when they would 
harass some of the drivers and throw bricks at them and things like 
that. 

Mr. Kennedy. You brought charges against them ? 

Mr. Whitley. Yes, sir; and so I told them I would stand behind 
theuL 

Mr. Kennedy. Did you pursue that or did you follow up the 
charges ? 

Mr. Whitley. Well, no. By the time it was to come up in court, I 
had an attorney who was a friend of mine, who was acting on my 
behalf and not full representation, but I was getting a little guidance 
from him, and so he was supposed to represent me during the time. 

Mr. Kennedy. During this period of time, when you brought the 
cliarges against these union personnel, did they bring some charges 
against you or your wife ^ 

Mr. Whitley. They brought charges against my wife. 

Mr. Kennedy. Would you tell that, Mrs. Whitley, what happened 
there I 

Mrs. Whitley. One of the drivers had me arrested for what I think 
it was a warrant signed by 

Mr. Kennedy. Would you start over again ? 

Mrs. Whitley. One of the union pickets that had been elected 
union steward had me arrested on a warrant for assault. 

Mr. Kennedy. For assault ? 

Mrs. Whitley. Yes, sir; and I don't remember just what the war- 
rant or the exact charge was. 

Mr. Kennedy. Was it in connection with carrying a gun ? 

Mrs. Whitley. Well, it was assault with intent, I believe. 

The Chairman. Assault with intent to kill ? 

Mrs. Whitley. Actually, I don't know what it was, and I know 
they came out and arrested me. 

Mr. Kennedy. The police came out and arrested you ? 

Mrs. Whitley. Yes, sir. 

Mr. Kennedy. Did you ever have a gun ? 

Mrs. Whitley. No, sir. 

Mr. Kennedy. Did you ever assault a cabdriver ? 

Mrs. Whitley. No, sir. 

Mr. Kennedy. You never pointed a gun at them ? 

Mrs. Whitley. No. 

Mr. Kennedy. You never hit a cabdriver ? 

IMrs. Whitley. No, sir. 

Senator Curtis. What happened to the charges? Were you fined 
or found guilty ? 

IVIrs. Whitley. When they carried me up to the jail, our attorney 
that ]\Ir. Whitley mentioned — we called our attorney and I was pa- 
roled to liim and later he told me that the charges would be dropped 
against me. 

Mr. Kennedy. Did you understand from anybody that you in your 
turn, or your husband on his turn, his side would have to perform 
any act ? 



7284 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mrs. Whitley. Word got to us that the reason I was arrested was 
so that we would drop the charges against these pickets tliat we had 
had arrested. 

Mr. Kennedy. If you would drop the charges against the pickets 
that were arrested, they in turn would drop the charges against you ? 

Mrs. Whitley. Yes, sir. 

Mr. Kennedy. Was that arranged and done ? 

Mrs. Whitley. Yes, sir ; it was understood through one of the girl 
friends and also through our attorney that they would definitely be 
dropped. 

Mr. Kennedy. So the charges were dropped on both sides ? 

Mrs. Whitley. Yes, sir. 

Mr. Kennedy. But the charge against you regarding this assault 
was completely untrue ? 

Mrs. Whitley. It was untrue but they had talked to my husband 
and told him that they would make up a case and get plenty of wit- 
nesses to frame me. 

Mr. Kennedy. Did somebody tell you that ? 

Mr. Whitley. They told Mrs. Whitley that they could make a case 
out of it. 

Mr. Kennedy. Who told you that, Mr. Whitley ? 

Mr. Whitley. I believe it was Red Vaughn, the organizer at the 
time there that this was going on. I told him I don't believe they 
would make it stick because the drivers out here are prejudiced against 
myself and my wife. And he said, "Well, we have got plenty of wit- 
nesses over at the union hall that will stand behind us and we will 
make it stick." 

Mr. Kennedy. He said he could come up with plenty of witnesses 
to make the charge stick against your wife ? 

Mr. Whitley. Yes. He said he had plenty of witnesses over there 
at the union hall. He kept repeating it and said we will have our 
day in court. Our day will come when we go to court. 

Mr, Kennedy. You are still operating ? 

Mr. Whitley. Yes, sir. 

Mr. Kennedy. Did you bring those drivers back or how was the 
dispute resolved ? 

Mr. Whitley. I never hired any of those drivers again. 

Mr. Kennedy. Did they continue the picket line ? 

Mr. Whitley. They continued to picket for about 6 or 8 months 
and during the time, well, they saw I was going to beat them at the 
game and they kept telling me that Frank Reed, the taxicab inspector, 
was going to take care of me and they would see he put me out of 
business. 

Mr. Kennedy. Did you have some trouble with the taxicab in- 
spector ? 

Mr. Whitley. I believe it was last summer or last summer a year 
ago, Frank Reed has been harassing me all of the time and harassing 
the drivers, and finally word got around through this and that to the 
mayor that I am operating and under an injunction my city license 
to operate the streets of Nashville had been revoked. 

Mr. Kennedy. You were parking in the wrong place, is that rifflit, 
your cabs were? 



IlVIPRiOPEK ACTIVITIES IN THE LABOR FIELD 7285 

Mr. Whitley. That is what they said. 
Mr. Kennedy. Was that finally settled ? 

Mr. AVhitley. No ; it has never been settled, and I don't know what 
the outcome will be. As a matter of fact, I just think that it has 
quieted down and I don't know why, but I haven't heard any more 
about it. 

It is not even slated to come up in court or anything, and what they 
have done with the case, I don't know, but we don't have any license 
but we still are operating on the city streets. 

Mr. Kennedy. They do not press that at all, and they have not 
pressed it against you ? 

Mr. Whitley. They don't press it any more. 

Mr. Kennedy. Do you have any explanation for that ? 

Mr. Whitley. No ; I surely do not. 

Mr. Kennedy. When did they stop being interested in the matter? 

Mr. Whitley. Well, after my license was revoked, as a matter of 
fact, everything was quieted down and they talked to the drivers a 
couple of times and tried to get one of the drivers just for about 
nothing, and that is all I ever heard from it, and what else could they 
do ? They already have put me out of business but I am still operating. 

Mr. Kennedy. Did you know if Mr. Reed kept his seniority during 
this period of time in the teamsters union ? 

Mr. Whitley. Here a while back, while they had depositions taken 
on this case, he made the statement that he noticed in the past few 
months that his seniority with the Yellow Cab Co., his name, had been 
taken off tlie seniority list, and why, I don't know. 

Mr. Kennedy. But he is still a member of the teamsters ? 

Mr. Whitley. He is still a member of the teamsters. 

Senator McNamara. How many cabs do you operate now ? 

Mr. Whitley. Well, I operate 6 cabs now and as a matter of fact, 
during this time here, I had to cut my fleet due to business and so they 
revoked some more of my licenses, 3 more of the licenses. They re- 
voked them all, and then three more and why, I don't know. 

Senator McNamara. What licenses are you talking about ? 

Mr. Whitley. The city license. 

Senator McNamara. Is this a public- vehicle license ? 

Mr. Whitley. A permit. 

Senator McNamara. A public-vehicle permit ? 

Mr. AViiiTLEY. To operate on the city streets ; yes. 

Senator McNamara, A public-vehicle permit, and you have to get 
that from tlie city hall ? 

Mr. Whitley. Yes, sir. 

Senator McNamara. When you were having all of this trouble, how 
many cabs did you have ? 

Mr. Whitley. Ten. 

Senator McNamara. Thank you. 

Mr. Kennedy. Have you been threatened at all regarding your 
testimony ? 

Mr. Whitley. Well, I was told to watch what I said here, that 
everybody who testified here against them would be taken care of 
sooner or later. 

Mr. Kennedy. Who told you that ? 



7286 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Whitley. A fellow just taking a cab and he got in the cab 
the other night. 

Mr. Kennedy. The other night ? 

Mr. Whitley. Yes, sir, and it was Saturday and he said, "You 
take me around the block," and he sat in the back seat and I was in 
the Christmas traffic and I didn't look at him. 

INlr. Kennedy. What did he say to you again ? 

Mr. Whitley. He said that everybody that testified up here against 
them would be taken care of sooner or later. 

Mr. Kennedy. And you were told that regarding your testimony? 

Mr. Whitley. Yes, sir ; that I should be careful. 

Mr. Kennedy. What did he say ? 

Mr. Whitley. That is exactly what he said. 

Mr. Kennedy. That everybody would be taken care of sooner or 
later? 

Mr. Whitley. That is right. 

The Chairman. Where did that conversation take place ? 

Mr. Whitley. Downtown. 

The Chairman. Downtown in Nashville ? 

Mr. Whitley. In Nashville ; yes. 

The Chairman. Do you know who it was ? 

Mr. Whitley. I never saw the man before and, as a matter of fact, 
it was dark and I was watching the traffic and so I said, "Thank you." 

The Chairman. You were in a cab ? 

Mr. Whitley. Yes, sir. During the rush periods of time I drive 
some ; very, very little. 

The Chairman. You were driving the cab ? 

Mr. Whitley. Yes, sir. 

The Chairman. And you picked up this passenger ? 

Mr. Whitley. Yes, sir, I had stopped there and he got in the back 
seat and I drove around. He said "Take me around the block." That 
is what he said. 

The Chairman. He got in your cab and had you take him just 
around the block ? 

Mr. Whitley. Yes, sir ; just around the block. 

The Chairman. And he gave you that warning in the course of the 
drive around the block ? 

Mr. Whitley. Yes, sir. 

The Chairman. Are you kind of frightened about it ? 

Mr. Whitley. No, sir. 

The Chairman. You couldn't give us his name ; could you ? 

Mr. Whitley. No, sir ; I never saw the man before. 

The Chairman. Are there any further questions ? 

Mr. Kennedy. No, sir. 

The Chairman. Senator Curtis, have you any questions ? 

Senator Curtis. No, Mr. Chairman. 

The Chairman. Thank you very much. You may stand aside. 

At this point the Chair will place in the record 2 affidavits, 1 from 
Paul AV. Dinkins, and another from Belle Johnson. These relate to 
the trouble that has been had. I don't think there is a need to read 
them. They may be printed in the record at this point. 

( The affidavit of Belle Johnson follows :) 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7287 

Affidavit 

I, Belle Johnson, who reside at 1018 Eighth Avenue S., Nashville, Tenn., 
freely and voluntarily make the following statement to Lavern J. Duffy, who 
has identified himself to me as a member of the staff of the United States Senate 
Select Committee on Improper Activities in the Labor-Management Field. No 
threat, force, or duress has been used to induce me to make this statement, nor 
have I received any promise of immunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee. 

During the year 1955 I was working as an employee at Mike's Tap Room, 
located at Fourth Avenue S., in Nashville, Tenn. On or about January 8, 1955, 
in the early evening a party unknown to me called a taxi from Mike's Tap Room. 
Shortly after the cab arrived, I was attracted to the front of the building by 
someone swearing and cursing. I looked out the door ; I saw \V. A. Smith, of 
the teamsters union, standing by a taxicab, cursing the driver and attempting 
to jerk open the cab door to get at the driver. Suddenly the driver drove the 
cab away. W. A. Smith, known as Smitty to me, came into the bar and pur- 
chased a bottle of Coca-Cola and took it outside with him. Shortly thereafter, I 
heard a noise from the front of the building and someone yelled out, "Smith 
broke the window of the cab." I made the comment, "I hope no one is hurt." 
I again looked out the door and Smith was standing on the sidewalk near the 
curb. The taxicab was by this time some distance up the street. Smith then 
came back into Mike's Tap Room and I said, "You should not have cursed the 
driver and broke the window." He answered, "That is what he gets for being a 
scab driver, and that is what I get for calling a scab driver." 

I have read the foregoing statement, and to the best of my knowledge it is 
true and correct. 

(s) Belle Johnson. 

Witnesses : 

LaVern J. Duffy. 
James R. McShane. 

Sworn to and subscribed before me this 3d day of July 1957. 
[seal] (s) Nettie F.Kinsey, Notary Public. 

My commission expires November 27, 1960. 
(The affidavit of Paul W. Dinkins follows :) 

Affidavit 

I, Paul W. Dinkins, who resides at 2700 Hartford Drive, Nashville, Tenn., and 
currently employed at the Tennessee Tufting Co., in Nashville, Tenn., freely 
and voluntarily make the following statement to LaVern J. Duffy, who has 
identified himself to me as a member of the staff of the United States Senate 
Select Committee on Improper Activities in the Labor-Management Field. No 
threat, force, or duress has been used to induce me to make this statement, nor 
have I received any promise of iumiunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee. 

During the year 1955, I was working as a driver for the Woodbine Cab Co., in 
Nashville, Tenn. On or about January 8, 1955, in the early evening I answered 
a call from Mike's Tap Room, located at Fourth Avenue S., Nashville, Tenn. 
As I drove up in front of the taproom 2 or 3 men whom I had never seen before 
were standing on the curb. One of the men was cursing and trying to jerk open 
the door of the cab. When this happened, I pulled away from the curb, drove 
up the street a short distance and then backed up, hoping still to find a customer. 
As I remained in the middle of the street, I saw one of the men throw a Coke 
bottle at my cab which broke my window. As the man drew back to throw the 
bottle, I detected a hearing aid in his left front shirt pocket. After this hap- 
pened, I quickly drove away. 

I have examined a picture of W. A. Smith, of the teamsters union, and after 
examining the picture closely I am reasonably sure he was the man who threw 
the Coke bottle and broke the window of my cab. 



cn330_58— pt. 18- Ifi 



7288 IMPROPER ACTIVITIES TN THE LABOR FIELD 

I have read the foregoing statement, and ot the best of my knowledge it is 
true and correct. 

( Signed) Paul Dinkins. 
Witnesses : 

Lucy C. Terrell. 
LaVern J. Duffy. 

Sworn to and subscribed before me this 5th day of July 1957. 

( Signed) Nettie F. Kinsey, Notary Public. 
My commission expires November 27, 1960. 

The Chairman. Mr. Duffy, you have been previously sworn ? 
Mr. DuFFT. Yes, sir. 

TESTIMONY OP LaVERN J. DUFFY— Eesumed 

The Chairman. Have you examined the minutes of a meeting of the 
executive board meeting of the Teamsters Union, Local 327, at Nash- 
ville, the minutes of their meeting of November 19, 1955 ? 

Mr. Duffy. Yes, sir. 

The Chairman. You have a photostatic copy of those minutes ; do 
you? 

Mr. Duffy. Yes, sir. 

The Chairman. Is this the photostatic copy that you have of the 
minutes of the meeting of that local at that time ? 

Mr. Duffy. It is, Mr. Chairman. 

The Chairman. These minutes, the copy of the minutes may be made 
exhibit No. 17. 

(The document referred to was marked "Exhibit No. 17" for refer- 
ence and may be found in the files of the select committee.) 

The Chairman. I will read from the minutes of that meeting : 

Harold Dies made the motion to give Frank Reed $250 for a Christmas present, 
who is city cab inspector, and also $50 for Dawson, who is the colored cab 
inspector, who have both helped labor in Nashville. Seconded by Bill Richardson. 
Carried 100 percent. 

Mr. Kennedy. Mr. Earl Dicicco, Mr. Chairman. 

The Chairman. Come forward, Mr. Dicicco. 

You do solemnly swear taht the evidence you shall give before this 
Senate select committee will be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Dicicco. I do. 

TESTIMONY OF EARL P. DICICCO 

The Chairman. State your name, your place of residence and your 
business or occupation. 

Mr. Dicicco. Earl P. Dicicco, 124 High Street, Foxboro, with the 
General Tire Co. 

The Chairman. Where do you live ? 

Mr. Dicicco. Foxboro, Mass. 

The Chairman. You are with whom ? 

Mr. Dicicco. The General Tire Co. 

The Chairman. What is your position with them ? 

Mr. Dicicco. Manager of their service station. 

The Chairman. Manager of their filling station ? 

Mr. Dicicco. Yes, sir. 



DvIPROPER ACTIVITIES IN THE LABOR FIELD 7289 

The Chairman. You waive the right of counsel, do you ? 

Mr. Dicicco. Yes, sir. 

The Chairman. All right, Mr. Kennedy, you may proceed. 

Mr. Kennedy. Mr. Dicicco, you came from Natick, Mass., origi- 
nally? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. And then you were in the Army ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. And married a girl f rrom Nashville, Tenn. ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. So you went down there to work after you got out 
of the Army ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. And you were employed down there in the Whitley 
Cab Co.? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. During the time that the Whitley Cab Co. was on 
strike, you continued to drive ? 

Mr. Dicicco. Right, sir. 

Mr. Kennedy. Were there any acts of violence against you while 
you were driving the cab for the Whitley Cab Co. ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. Would you tell the committee what happened ? 

Mr. Dicicco. One night it was between 10 and 11 o'clock, at night, 
I picked up these two passengers at this beer room, and they said 
they wanted to go to this housing project. 

The Chairman. This what ? 

Mr. Dicicco. This housing project. 

I stopi^ed the cab in fi^ont of the housing project to let them out. 
One of them hit me across the head with a motorcycle chain, and the 
other one had a beer bottle, bouncing that ofi' my head. 

Mr. Kennedy. One of them hit you with a beer bottle and the other 
one hit you with a motorcycle chain ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. Wrapped it around your head ? 

Mr. Dicicco. Yes, sir ; from the ear around to the mouth. 

Mr. Kennedy. Did it knock you out ? 

Mr. Dicicco. No, sir, 

Mr. Kennedy. What did you .do ? Did you hide in the bottom of 
the cab ? 

Mr. Dicicco. No, sir. I got out and went to open up the back door 
to jump on them. They jumped out of the cab. 

jNIr. Kennedy. You got out of your cab and w^ent in the back door 
to go after them ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. They jumped out of the other door ? 

Mr. Dicicco. They jumped out the other door, and one of them ran 
up the street. At this point there was a road bearing off to the right. 
One of them ran straight and one ran up the road going to tlie right 
and jumped in this automobile. I took off after the automobile. 

Mr. Kennedy. You got back in your cab ? 

Mr. Dicicco. Yes, sir. I got back in my cab and drove the auto- 
mobile around the corner to chase this automobile tliat picked up one 



7290 IMPROPER ACTIVITIES IN THE^ LABOR FIELD 

of the fellows. When he went around the further corner, there was a 
patrol car coming and he almost hit him, and the patrol car was 
turning around in the middle of the street to chase the vehicle, and I 
had to stop before I hit the patrol car and then he chased him for a 
little way. He lost him. Then they sent a patrol car and we searched 
the area but we couldn't find the other man. 

Mr. Kennedy. Did you recognize either one of your assailants? 

Mr. Dicicco. No, sir. 

Mr. Kennedy. Did you recognize the car ? 

Mr. Dicicco. I recognized the automobile ; yes, sir. 

Mr. Kennedy. You recognized the automobile ? 

Mr. Dicicco. Yes, sir. 

Mr. Kennedy. Whose automobile was it? 

Mr. Dicicco. As far as I know, it belongs to Red Vaughn. 

Mr. Kennedy. AVhat is his position ? 

Mr. Dicicco. Business representative, I believe it was, for the 
teamsters. 

Mr. Kennedy. He was the business agent for 327 of the teamsters ? 

Mr. Dicicco. Right. 

Mr. Kennedy. And the man that hit you got into that car and drove 
away? 

Mr. Dicicco. That is right. 

Mr. Kennedy. Did you turn that information over to the police? 

Mr. Dicicco. No, sir. They were already up there. I told them 
about it, but I don't know if they put it on their log or not. 

ISIr. Kennedy. Did you tell them whose car it was ? 

Mr. Dicicco. No, sir. 

Mr. Kennedy. You told them what had happened to you ? 

Mr. Dicicco. Right, sir. 

Mr. Kennedy. Why didn't you tell them whose car it was when you 
recognized it ? 

Mr. Dicicco. Why didn't I? I was afraid there would be more 
trouble. 

Mr. Kennedy. You didn't want to get into any more difficulty ? 

Mr. Dicicco. No, sir. 

Mr. Kennedy. Can you explain that ? 

Mr. Dicicco. Yes, sir. I have a wife and children and I don't want 
to get involved in it no more than I had to. 

Mr. Kennedy. Had there been quite a bit of trouble and difficulties 
in Nashville, Tenn.? 

Mr. Dicicco. Yes, sir. In the paper there had been some dynamiting 
of some equipment, and putting sugar in the gas tanks, and all that 
sort. 

Mr. Kennedy. And you didn't want to get involved ? 

Mr. Dicicco. I didn't want it no more. 

The Chairman. How long did you continue to drive after that? 

Mr. Dicicco. Well, I was out about a week and I went back and 
I drove about another month. 

Tlie Chairman. You were out about a week ? Wliy? 

Mr. Dicicco. I had to go to the doctor, sir. I had a head injury. 

Tlie Chairman. You had what ? 

Mr. Dicicco. A head injury. 

The Chairman. A head injury ? 

Mr. Dicicco. Right. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7291 

The Chairman. What was that from, the chain or the bottle? 

Mr. Dicicco. The chain, sir. 

The Chairman. The chain ? 

Mr. Dicicco. Yes, sir. 

Tlie Chairman. Why were you pursuing the car if you did not 
intend to do anything about it ? 

Mr. Dicicco. At the time I would have, sir. If somebody beat you 
over the head with a cliain, you would go after them. 

The Chairman. I might go the other way. 

Mr. Dicicco. Yes, sir; but afterward you might go the other way, 
after you cool down. But at the time I would go after them. 

The Chairman. At the time you would go after them ? 

Mr. Dicicco. Eight, sir. 

The Chairman. And you went after them ? 

Mr. Dicicco. Yes, sir. 

The Chairman. I can't understand, then, why if you knew who did 
it, or knew the car, you didn't turn it over to the officers to do some- 
thing about it. 

Mr. Dicicco. I don't think it would do much good down there, 
sir. 

The Chairman. You thought it would be useless ? 

Mr. Dicicco. Yes, sir. 

The Chairman. They don't enforce the law down there very much? 

Mr. Dicicco. Yes, sir ; they enforce the law but in my own opinion 
I don't think they enforce it enough. 

The Chairman. They don't enforce it enough ? 

Mr. Dicicco. Yes, sir. Just to certain people. 

The Chairman. What certain people do they not enforce it against? 

Mr. Dicicco. The people they don't want to, sir. 

The Chairman. Who are they ? 

Mr. Dicicco. Just the people they don't want 

The Chairman. I know. 

Mr. Dicicco. Yes, sir. 

The Chairman. You and I are both thinking the same thing. You 
saw it. 

Mr. Dicicco. That is right, sir. 

The Chairman. Are you afraid to tell ? 

Mr. Dicicco. It's healthier if you don't. 

The Chairman. It is more healthy if you don't tell ? 

Mr. Dicicco. Yes, sir. 

The Chairman. You don't want another beating, do you? 

Mr. Dicicco. No, sir. 

The Chairman. Do you live in Nashville now ? 

Mr. Dicicco. No, sir. I am from Massachusetts. 

The Chairman. Do you think they could reach you up that far and 
get you ? 

Mr. Dicicco. They might, sir. 

The Chairman. They might. In other words, you just don't want 
any more trouble ? 

Mr. Dicicco. Right, sir. 

The Chairman. Are there any other questions ? 

If not, thank you very much. 

Call the next witness. 



7292 IMPROPER ACTIVITIES EST THE> LABOR FIELD 

Mr. Kennedy. Mr. Kenneth Whitley. 

The Chairman. Mr.Wliitley? 

You do solemnly swear the evidence yon shall give before this 
Senate select committee will be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Whitley. I do. 

TESTIMONY OP KENNETH M. WHITLEY 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Whitley. Kenneth M. Wliitley, 1610 Martin Street. I work 
for the United States engineers in Nashville, Tenn. 

The Chairman. You work for the United States engineers ? 

Mr. Whitley. Yes, sir. 

The Chairman. You waive the right of counsel ? 

Mr. Whitley. I do. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. Kennedy. In December of 1954 you were a draftsman for the 
city planning commission in Nashville, Tenn. ? 

Mr. Whitley. That is right. 

Mr. Kennedy. And at that time your brother, as I understand it, 
the cab company was on strike or having difficulties; is that right? 

Mr. Whitley. That is right. 

Mr. Kennedy. The earlier witness was your brother ? 

Mr, Whitley. That is right. 

Mr. Kennedy. At the end of 1954, December of 1954, you were out 
on the job for the city planning commission ? 

Mr. Whitley. That is right. 

Mr. Kennedy. At that time did you have some conversations with 
certain teamster officials ? 

Mr. Whitley. Well, I was taking pictures of the building next door 
to the teamsters building for the city, and Ked Vaughn came running 
out of there. 

Mr. Kennedy. He is the business agent of local 327 ? 

Mr. Whitley. He ran out of the door and wouldn't let me take 
the pictures. 

Mr. Kennedy. He wouldn't let you take the pictures ? 

Mr. Whitley. That is right. He thought I was taking pictures of 
the teamsters for my brother. I told him it had nothing to do with 
the Woodbine Cab Co. or with the teamsters; that I was there on 
official business from where I worked. He stood in front of me to 
try to keep me from taking pictures. 

Perry Canaday ran out of the business a little after Eed Vaughn, 
and he came over and asked Red Vaughn if I worked for Woodbine 
Cab Co. Vaughn told him "Yes. He is his brother." And Cannady 
hit me. 

Mr. Kennedy. He hit you ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Where did he hit you ? 

Mr. Whitley. He hit me in the nose ; in the face. 

Mr. Kennedy. Did it break your nose ? 



LMPBOPER ACTIVITIES IN THE LABOR FIELD 7293 

Mr. Whitley. It knocked it out of place. It stayed out of place 
for about 5 days. It was the cartilage in my nose. 

Mr. Kennedy. Did lie hit you a number of times ? 

Mr. Whitley. No; just one time. After that he ran back into the 
building. 

Mr. Kennedy. Were there a number of witnesses ? 

Mr. Whitley. The boss was across the street. 

Mr. Kennedy. Your boss ? 

Mr. Whitley. Yes. 

Mr. I^NNEDY. "Wliat was his name ? 

Mr. Whitley. Jimmy Sharp and Bob House. He also worked at 
the office. 

Mr. Kennedy. What was the other man's name ? 

Mr. Whitley. Bob House. 

Mr. Kennedy. What was his position in the planning commission ? 

Mr. Whitley. He worked at the desk for anyone who wanted to get 
a building permit. He filled it out for them. He was also out looking 
the place over where the violation was. 

Mr. Kennedy. So these 2 people, these 2 individuals, saw this assault, 
saw Canaday strike you. Did you decide to swear out a warrant for 
his arrest? 

Mr. Whitley. Yes ; right after he hit me two city detectives drive 
around the corner. After we told them what was going on, they asked 
me if I wanted to swear out a warrant, and I told them I did. We went 
back to the courthouse and swore out a warrant. 

Mr. Kennedy. Did you discuss it with the city attorney ? 

Mr. Whitley. After we swore out the warrant we went in and talked 
to the city attorney, Mr. Jencks. 

Mr. Kennedy. Eobert H. Jencks, Jr. ? 

Mr. Whitley. I don't know his other name. 

Mr. Kennedy. The city attorney ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Wliat did he advise ? 

Mr. Whitley. Well, he thought I should go ahead and prosecute. 

Mr. Kennedy. He thought you had a strong case ? 

Mr. Whitley. That is right. He thought that the city ought to 
stand behind their employees. 

Mr. Kennedy. So you decided to go ahead ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Did the case then come up in the court ? 

Mr. Whitley. It was postponed a couple of times. After I got 
back upstairs that same time, I asked the boss about it, and he seemed 
to think I should go ahead and prosecute. 

Mr. Kennedy. Wliat was the boss' name ? 

Mr. Whitley. Mr. Pitts. 

Mr. Kennedy. He suggested you go ahead ? 

Mr. Whitley. That is right. 

Mr. Ivennedy. So you cleared it through all channels and everybody 
thought it was a good idea to go ahead and prosecute Mr. Canaday ? 

Mr. Whitley. Yes. Even Mr. Pitts' boss, I think his name is 
Hawkins, I think he is his boss, they had a meeting and called me in 
about a week or 4 or 5 days after it happened, and we were discussing 
it over. They thought it was all right for me to go ahead. But they 



7294 IMPROPER ACTIVITIEiS IN" THE LABOR FIELD 

did say, I think it was Hawkins, that the union was trying to get me 
fired, or get my job, at that time. 

Mr, Kennedy. It was explained to you right then that the union 
wanted to get you fired ? 

Mr. Whitley. That is right. 

Mr. Kennedy. But you decided to go ahead because all of your 
superiors were behind you ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Did the case ever come to trial? Well, prior to the 
date of it ultimately coming to trial, did you have any other conver- 
sations with Mr. Jencks ? 

Mr. Whitley. I did. He called me down to his office and w^as 
talking to me about dropping the case. He said I could help the man 
across the hall — and the only man across there was the mayor — if I 
dropped it. 

The Chairman. Did what? 

Mr. Whitley. That I could help the man across the hall, if I 
dropped the case. 

The Chairman. Who was the man across the hall? 

Mr. Whitley. Mayor West. 

The Chairman. How would it help him if you dropped the case? 

Mr. Whitley. Well, he said he had a lot of pressure on him. 

Mr. Kennedy. So what did you say? 

Mr. Whiti.ey. He said, ''Since you work for the city, you do want 
to help them out," and I said, "Yes, I want to help them out, but I was 
sort of thinking about my job, too, since the mayor got into it." 

I told him I would drop it. He told me to call the mayor's office 
up, after I got back upstairs to my office, and tell them what I was 
going to do. So when I reached back upstairs, I talked to Mr. Sharp 
and Bob House and told them what had happened, and Mr. Sharp 
was sort of disgusted because the city didn't want to stand behind me. 

I went in and talked to Mr. Pitts and asked him if they could get 
my job if I went ahead and prosecuted, and he said they could, but he 
didn't think they would. 

Mr. Kennedy. So Mr. Sharp, your immediate superior, become dis- 
gusted with the city for backing down on that and thought you should 
go ahead and prosecute. But you were still worried about your job 
so you went to Mr. Pitts, who was your top superior, the boss of the 
office 

Mr. Whitley. That is right. 

Mr. Kennedy. And you asked him and he said they could take your 
job, but he did not think they would; is that right? 

Mr. Whitley. That is right. 

Mr. Kennedy. So, did you decide to go ahead with it? 

Mr. Whitley. Yes. 

Mr, Kennedy. Mr. Jenks told you to call up the mayor's office and 
tell them that you planned to drop the case? 

Mr. Whitley. Yes. 

Mr, Kennedy. Did you call the mayor's office? 

Mr. Whitley. Yes. The secretary answered and I told her who I 
was and that I was not going to drop the case against Perry Canaday. 
She got excited and told me to come down to the mayor's office right 
then, that he wanted to talk to me. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7295 

I told her I would. That was quitting time. I w^ent back and 
told Mr. Sharp and Bob House what happened. Mr. Sharp, he was 
the assistant to Mr. Pitts, he said he was going to go down there with 
me to see why the mayor wanted me to drop the case and would not 
stand beside me. He and Bob House went to the mayor's office with me. 

Mr. Kennedy. All three of you went there? 

Mr. Whitley. Yes. 

Mr. Kennedy. What happened them ? 

Mr. Whitley. I Iniocked on the door and the secretary told me to 
come in. I told her that I was there and wanted to see the mayor and 
Mr. Sharp said he was also with me. She asked what he wanted and 
Bob House, and they said they was with me and wanted to see what 
was going to happen. 

She said the mayor was in conference. 

Mr. Kennedy. She had just told you that the mayor wanted to see 
you immediately ? 

Mr. Whitley. That is right. 

Mr. Kennedy. But when you got there with these other gentlemen 
she said he was in conference t 

Mr. Whitley. That is right. We waited about 35 minutes for him 
to get out of conference and he never did. Mr. Sharp said he had to go 
home, that he had things to do, so we all three left. I knocked on the 
door and said I had things to do, so we left. 

I think it was the next da}'^ that the trial came up and I did 
prosecute. 

Mr. Kennedy. Was he found guilty ? 

Mr. Whitley. Well, the judge said that he was going to do more, 
but he had pressure on him and he couldn't. It was either $10 or $14 
and court costs. 

Mr. Kennedy. Ten or fifteen dollars fine ? 

Mr. Whitley. That is right, plus court costs. 

Mr. Kennedy. Plus court costs ? 

Mr. Whitley. That is right. 

Mr. Kennedy. That is all he got ? 

Mr. Whitley. That is right. 

The Chairman. The judge said he wanted to do more, but he had a 
lot of pressure on him ? 

Mr. Whitley. That is right. 

The Chairman. Who is the judge? 

Mr. Whitley. I don't know. The city jail was condemned, so I 
had to take it out on a county warrant, even though it happened in 
the city. I don't know who the judge was. After we left the court- 
room, I said something to Mr. Sharp about it, but there wasn't any- 
thing else said, even though it was more or less the talk that Mr. Jenks, 
after we got before the judge, he did act like he was trying to do what 
he could to get him fined or punished as much as he could, and they was 
talking more or less about him. 

Mr. Kennedy. About whom? 

Mr. Whitley. About Mr. Jenks, how good of a job he did. 

Mr. Kennedy. Mr. Jenks really prosecuted it very diligently, did 
he not ? 

Mr. Whitley. He did. 

Mr. Kennedy. He tried very hard to get Mr. Canaday once he went 
ahead w^ith the case ? 



7296 IMPROPEK ACTIVrriEIS IN^ THE' LABOR FLEILD 

Mr. Whitley. That is right, he did. It seemed like that to me, but 
I don't know whether it was fixed before we went in there or not. 

Mr. Kennedy. He was fomid guilty and the judge said in court he 
would like to do more, but there was pressure on him ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Did you continue with your job ? 

Mr. Whitley. I did. 

Mr. Kennedy. For how long ? 

Mr. Whitley. I stayed there 31/2 months. Three months, then I 
got fired. 

Mr. Kennedy. You got fired ? 

Mr. Whitley. That is right. 

Mr. Kennedy. For what reason ? 

Mr. Whitley. Well, he said he was going to abolish my job. 

Mr. Kennedy. Who said that ? 

Mr. Whitley. Mr. Pitts. He called me in his office one afternoon at 
quitting time and told me they were going to abolish my job and get 
somebody else who knew more about laying out subdivision, which was 
n ot my j ob at that time. 

Mr. Kennedy. He said he was going to get a man who knew a little 
more about laying out subdivisions ? 

Mr. Whitley. That is right. 

Mr. Kennedy. And that was not your job ? 

Mr. Whitley. That is right. 

Mr. Kennedy. So you were fired ? 

Mr. Whitley. That is right. 

Mr. Kennedy. Did they get someone who knew more about laying 
out subdivisions ? 

Mr. Whitley. No, the boy they hired was one I told about coming 
down there to try to get a job about a month or 6 weeks before they 
fired me. 

Mr. Kennedy. This was a friend of yours ? 

Mr. Whitley. That is right. I went to school with him. 

Mr. Kennedy. Did you have more experience or less experience than 
he did? 

Mr. Whitley. I had more experience than he did. He had been in 
the Air Force for 4 years. 

Mr. Kennedy. So you had 4 years more experience than he did ? 

Mr. Whitley. No, I had three. I had been in the Army. 

Mr. Kennedy. So you had more experience than he did ? 

Mr. Whitley. That is right. 

Mr. Kennedy. And he was hired ? 

Mr. Whitley. That is right. 

Mr. Kennedy. You were told they wanted somebody with more 
experience ? 

Mr. Whitley. That is right. I called him that night and told him 
that they had fired me and he said he was surprised because they had 
hired him that morning. 

Mr. Kennedy. Did you ever protest it or question it ? 

Mr. Whitley. No. I wasn't in the civil-service pool, so I couldn't 
see about it. 

Mr. Kennedy. That was the end of it ? 

Mr. Whitley. Yes. 



EMPROPEIR ACTIVITIES IN THE LABOR FIELD 7297 

Mr. Kennedy. And you went out and found a new job ? 

Mr. Whitley. Yes. 

Mr. Kennedy. Did you have any idea why you were fired ? 

Mr. Whitley. I never was told my work was bad. The only thing 
I can think of is because I prosecuted Perry Canaday. 

The Chairman. Are there any questions ? 

What did you do to get the punch in the nose ? I did not quite catch 
that. 

Mr. Whitley. I didn't do anything. It was on account of my 
brother, he owned the Woodbine Can Co. 

The Chairman. And when they found out you were his brother, they 
took a punch at you ? 

Mr. Whitley. That is the way it seemed. 

The Chairman. I thought there was some question about the pic- 
tures that you were taking. 

Mr. Whitley. I was taking pictures of the building next door to 
the union hall. That was my job, to go out and take pictures. \Vlien 
I got back into the office, I would draw up a sketch so it could be 
flashed on the screen and when they had a meeting they could study 
it over and talk about the violation, or if anyone wanted to build 
anything, they would talk about it and see if they were to give them 
a permit. 

The Chairman. You were not taking a picture of the union 
building ? 

Mr. Whitley. I was not. 

The Chairman. That was part of your job working for the city, 
to go out and take these pictures ? 

Mr. Whitley. Yes, sir. 

The Chairman. And you were in the performance of your duty 
for the city ? 

Mr. Whitley. Yes, sir. 

The Chairman. And in the course of the conversation with Can- 
aday and Vaughn — was Vaughn there ? 

Mr, Whitley. Yes, sir. He was the first one. He was the one 
that wouldn't let me take the pictures. The only thing Canaday 
did was hit me. 

The Chairman. Canaday hit you after he found out you were the 
brother of the taxicab owner ? 

Mr. Whitley. That is right. 

The Chairman. Did you hit back ? 

Mr. Whitley. No, sir. 

The Chairman. Were you able to ? 

Mr. Whitley. Well, I was stunned. I was smaller than I am now. 

The Chairman. Sir ? 

Mr. Whitley. I was stunned, and I was a little bit smaller than 
I am now. Canaday was a pretty good size. 

The Chairman. You couldn't have done much if you hit back, 
could you ? 

Mr. Whitley. No, sir. 

The Chairman. So you just had to take it ? 

Mr. Whitley. That is right. 

The Chairman. Are there any other questions ? If not, thank you 
very much. 



7298 IMPROPER ACTIVITIEB IN THE LABOR FIEILD 

Mr. Kennedy. What was the name of the man they hired to re- 
place you ? 

Mr. Whitley. Billy Hatler. 

Mr. Kennedy. And you have talked to him since, have you not? 

Mr. Whitley. I have. 

Mr. Kennedy. Is he doing about the same work that you were 
doing while you were there ? 

Mr. Whitley. He quit the city a month after he went there. I went 
from the city after they fired me to the United States engineers. He 
is now working for the United States engineers doing the same thing 
that I am doing. 

Mr. Kennedy. But while he was there, while he held your job, was 
he doing the same thing you were doing ? 

Mr. Whitley. That is right. He was doing the same thing. 

The Chairman. All right ; thank you very much. 

The Chair wishes to make a brief announcement. 

In the course of the testimony we have been hearing, there has been 
testimony that reflects in some degree upon the inefficiency or the in- 
difference of some public officials to perform their duty in connection 
with violence which has been established by the evidence. 

The Chair does not wish, and I know this committee at no time 
wishes to do anyone an injustice. This testimony does not come from 
the committee. It comes from witnesses who testify under oath and 
who, presumably, should know what they are talking about. So the 
Chair wishes to remind everyone of the rules of the committee, that 
anyone who feels offended, or if testimony has been given that might 
reflect upon them, upon request to appear before the committee, that 
request, I think, will be honored. We have always honored it when- 
ever they requested it. 

If such requests are made, the committee will try to honor the re- 
quest and give them an opportunity to be heard. 

The committee will stand in recess until 10 : 30 in the morning. 

(Whereupon, at 4 p. m., the hearing in the above-entitled matter was 
recessed, to reconvene at 10 : 30 a. m., of the following day.) 

(Members present at the taking of the recess were Senators McClel- 
lan, McNamara, and Curtis.) 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR 3IANAGEMENT FIELD 



TUESDAY, DECEMBEB 10, 1957 

United States Senate, 
Select Committee on Improper Activities 

IN THE Labor or Management Field, 

Washington, D. C. 

The select committee convened at 10 : 30 a. m., pursuant to Senate 
Resolution 74, agreed to January 30, 1957, in the caucus room Senate 
Office Building, Senator John L. McClellan, (chairman of the select 
committee) presiding. 

Present, Senator John L. McClellan, Democrat, Arkansas ; Senator 
Irving M. Ives, Republican, New York; Senator Pat McNamara, 
Democrat, Michigan; Senator Carl T, Curtis, Republican, Nebraska. 

Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy, 
investigator; James P. McSliane, Investigator; Ruth Y. Watt, chief 
clerk. 

The Chairman. The committee will be in order. 

(Members of the committee present at the convening of the session: 
Senators McClellan, Ives, McNamara, and Curtis.) 

The Chairman. Call the first witness. 

Mr. Kennedy. Mr. Shelton P. Keeling. 

The Chairman. Do you solemnly swear that the evidence you 
shall give before this Senate select committee shall be the truth, the 
whole truth, and nothing but the truth, so help you God ? 

Mr. Keeling. I do. 

TESTIMONY OF SHELTON P. KEELING 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Keeling. Shelton P. Keeling, 5915 Port View Circle, Chatta- 
nooga, Tenn., and I am a mechanic for Avis Motorent. 

The Chairman. Do you waive counsel ? 

Mr. Keeling. Yes ; I do. 

Mr. Kennedy. You are a mechanic for what company ? 

Mr. Keeling. Avis Motorent. 

Mr. Kennedy. How long have you been working in Chattanooga ? 

Mr. Keeling. I have been in Chattanooga since August of 1955. 

Mr. Kennedy. Prior to that were you located in Nashville, Tenn. ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. For Motorent Co., in Nashville, Tenn. ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Now, in January of 1954, were the teamsters at- 
tempting to organize your company ? 

7299 



7300 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. KJEELiNG. They were organized. 

Mr. Kennedy. In the midst of an organization drive ? 

Mr. Keeling. No, sir ; they were organized. 

Mr. Kennedy. They were organized ? 

Mr. Keeling. They were ah-eady organized. 

Mr. Kennedy. Were the teamsters having a dispute with the com- 
pany, that brought you out on strike ? 

Mr. Keeling. It was a contract dispute. 

Mr. IvENNEDY. Did you go out on strike at that time ? 

Mr. Keeling. Yes, sir ; 1 did. 

Mr. Kennedy. The company went out on strike ? 

Mr. IVEELiNG. Yes, sir. 

Mr. Kennedy. Were you one of the pickets ? 

Mr. I^JEELiNG. I was. 

Mr. Kennedy. You remained on the picket line for how long ? 

Mr. Keeling. About 3 weeks I would say ; yes, sir. 

Mr. IvENNEDY. Did the picket line continue ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Did you continue ? 

Mr. I^ELiNG. No, sir. 

Mr. Kennedy. You went back to work ? 

Mr. Keeling. I went back to work. 

Mr. Kennedy. Why did you go back to work ? 

Mr. Keeling. On account of the practices they were using, and 
they were putting sirup in trucks and things like that. 

Mr. Kennedy. They were putting sirup in the trucks of the com- 
pany ? 

Mr. Keeling. Yes, sir ; the company trucks. 

Mr. Kennedy. And you objected to those kinds of tactics ? 

Mr. Keeling. Yes, sir ; I did. 

Mr. Ivennedy. Did that go on very often; a number of different 
times ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. That the sirup was put in the trucks ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. And you objected to it ? 

Mr. Keeling. Yes, sir ; I did. 

Mr. Kennedy. Finally you became disgusted after a period of 
about 3 weeks and went back to work ? 

Mr. Keeling. That is right. 

Mr. Kennedy. Could you tell us, were there any window breakings 
as well as the siruping of the trucks ? 

Mr. Keeling. Not that I recall ; no, sir. 

Mr. Kennedy. Were there any other tactics that were used that you 
objected to? 

Mr. Keeling. Nothing more than abuse of the equipment. 

The Chairman. How was that done ? 

Mr. Keeling. Putting sirup in and stuff like that. 

Mr. Kennedy. Were there any telephone calls made to any of the 
company officials, that you knew about i 

Mr. Keeling. Not that I knew of. 

Mr. Kennedy. So you went back to work after a period of about 
3 weeks? 

Mr. Keeling. Yes, sir. 



IMPROPER ACTIVITIBS EST THE LABOR FIELD 7301 

Mr. Kennedy. Now, did anything happen to you after you went 
back to work ? 

Mr. Keeling. Well, my tools were stolen all through the time that 

1 continued to work in Nashville. 

Mr. Kennedy. Your tools were stolen ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Did that happen very often ? 

Mr. Keeling. Well, I don't think there was a week passed that I 
didn't have anywhere from $6 to $25 worth of tools stolen. 

Mr. Kennedy. So about every week, you had from $6 to $25 worth 
of tools stolen? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Did that happen to the other employees ? 

Mr. Keeling. No, sir. 

Mr. Kennedy. Was there any other kind of harassment ? 

Mr. Keeling. No, sir. 

Mr. Kennedy. What about in your automobile ? 

Mr. Keeling. Oh, yes; the automobile. About every day I would 
have 1 flat and sometimes 4 every day. 

Mr. Kennedy. Every day you would have at least one tire 
punctured ? 

Mr. Keeling. From 1 to 4 ; yes, sir. 

Mr. Kennedy. Every day that you came out from work, you would 
find at least one of your tires flat? 

Mr. Keeling. Yes, sir; in the siclewall of the tire, and not in the 
tread. 

Mr. Kennedy. Did you try to get new inner tubes, for your inner 
tubes would be worn out if they were punctured every day ? 

Mr. Keeling, I got inner tubes in my old car now that look like a 
leopard. 

Mr. Kennedy. How many patches do you think you have on some 
of your inner tubes ? 

Mr. Keeling. I would say some of them have 60 patches on them. 

Mr. Kennedy. And your locker was broken into, was it ? 

Mr. Keeling. Yes, sir ; at least 3 or 4 times. 

Mr. Kennedy. Your locker was broken into ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Was anything taken from your locker? 

Mr. Keeling, Yes, sir ; my clothing and my work clothes and sev- 
eral uniforms were taken, and 3 or 4 pair of workshoes. 

Mr. Kennedy. What about the lock on your toolbox; was that 
broken ? 

Mr. Keeling. 3 or 4 times ; yes, sir, 

Mr. Kennedy. How much would that cost you ? 

Mr. Keeling. About $2.50 a lock. 

Mr. Kennedy. Did anything else happen to your automobile ? 

Mr. Keeling. Yes sir, I had a new paint job on it, and, about 

2 or 3 weeks after it was painted and before it got dry, someone put 
paint remover on it and ruined the paint job, 

Mr. Kennedy. Paint remover ? 

Mr. Keeling, Yes, sir. 

Mr. Kennedy. And was your automobile ever siruped ? 

Mr. Keeling. Yes, sir. 



7302 IMPROPER ACTIVITIES ENT THE LABOR FTEI^D 

Mr. Kennedy. Sirup was put in your automobile, and paint re- 
mover was thrown on the car ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. And your tires were punctured ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Did you ever have all of your tools stolen ? 

Mr. Keeling. Yes, sir ; the entire box was stolen at one time. 

Mr. Kennedy. When did that happen ? 

Mr. Keeling. That I think was in July of 1955, June and July of 
1955. 

Mr. Kennedy. How much were those tools worth to you ? 

Mr. Keeling. Well, at one time, I bought, I think, it was about 
$370 worth, at one time. 

The Chairman. You have to furnish your own tools; is that the 
practice ? 

Mr. Keeling. Yes, sir. 

The Chairman. The mechanic furnishes his own tools ? 

Mr. Keeling. That is the practice. 

The Chairman. This was a personal loss to you ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy, Did the company help compensate you for the loss ? 

Mr. Keeling. On the entire loss, they did. 

Mr. Kennedy. On what ? 

Mr. Keeling. On the entire loss they did, when they got the whole 
box full ; yes, sir. 

The Chairman. When they got the whole box, the company helped 
you out on that, but these other stealings, or takings, you had to bear 
that alone ? 

Mr. Keeling. Yes, sir ; I replaced those myself. 

Mr. Kennedy. Did you tie all of this harassment and your clothes 
being stolen and your locks being busted, and your tools being stolen, 
and what happened to your automobile — did you tie that into the dif- 
ficulty that you had with the union about your going out on strike and 
then coming back to work ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. You thought it was directly tied to that ? 

Mr. Keeling. Absolutely. 

Mr. Kennedy. Do you know anybody, or could you tell anybody 
who was responsible for any of these acts ? 

Mr. Keeling. No, sir ; I couldn't say ; no, sir. 

Mr. Kennedy. That strike was settled, and the employees or the 
pickets came back to work, did they ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy, Did you ever go out on strike again ? 

Mr. Keeling. Yes, sir ; one more time, while I was there. 

Mr. Kennedy. When was that ? 

Mr. Keeling. I think that was in the spring of 1955 ; I am sure it 
was the spring of 1955. 

Mr. Kennedy. What position did you take on that ? 

Mr. Keeling. Well, I didn't work while they were on strike. 

Mr. Kennedy. You did not work ? 

Mr. Keeling. No, sir. 

Mr. Kennedy. For what reason? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7303 

Mr. Keeling. Well, my employer said he didn't think it would be 
safe for me to work while the strike was going on. 

Mr. Kennedy. So you just went home ? 

Mr. IvEELiNG. Yes, sir. 

Mr. Kennedy. And you stayed at home ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Then they opened up a new plant in Chattanooga; 
is that right? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. And transferred you to Chattanooga because they 
thought it would be safer for you there ? 

Mr. Keeling. That is right. 

Mr. Kennedy. How long did this harassment keep up on you, Mr. 
Keeling ? 

Mr. Keeling. Well, it was more than a year. 

Mr. Kennedy. More than a year ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. ^Vlien all of these things were taking place ? 

Mr. Keeling. Yes, sir. 

Mr. Kennedy. Did you ever contemplate making peace with the 
union so that these things would stop ? 

Mr. Keeling. No, sir. 

Mr. Kennedy. Why not? 

Mr. Keeling. Well, I was approached one time by an employee of 
the union and I don't recall what his name was. He wanted to know 
why I didn't get right. 

Mr. Kennedy. Why you didn't what ? 

Mr. Keeling. Why I didn't get right and come back in the union, 
and I told him wlien he cleaned up, I would be glad to. 

Mr. Kennedy. But you were not going back in despite all of these 
things ? 

Mr. Keeling. That is right. 

Mr. Kennedy. You were not going to go back in until they cleaned 
up the local union ? 

Mr. Keeling. That is right. 

Mr. Kennedy. Have you had any difficulty since you have been in 
Chattanooga ? 

Mr. Keeling. Not a bit. 

The Chairman. While you were on the picket line, and while you 
were joining in the strike, did any violence occur other than the sirup- 
ing of the trucks ? 

Mr. Keeling. Not at the plant, sir ; no, sir. 

The Chairman. Not at the plant ? 

Mr. Keeling. No. 

The Chairman. That was the only violence that occurred ? 

Mr. Keeling. Yes, sir. 

The Chairman. Did you take part in it ? 

Mr. Keeling. No, sir. 

The Chairman. Were you asked to take part in it ? 

Mr. Keeling. No. 

The Chairman. Who did you protest to, and you said you objected 
to that sort of thing ? 

80330— 58— pt. 18— — 17 



7304 IMPROPER ACTIVrriEIS EST THE LABOR FIEILD 

Mr. Keeling. It was just the men I was working with. 

The Chairman. You talked to them about it '? 

Mr. Keeling. Yes, sir. 

The Chairman. You don't know who in the union, if it was being 
done by the union, was giving the orders ? 

Mr. Keeling. I wouldn't know. 

The Chairman. You would not know that ? 

Mr. Keeling. No ; I wouldn't know that. 

The Chairman. Are there any further questions ? 

Senator McNamara. I would like to ask a couple of questions. Did 
you report these thefts and siruping of your car to the police ? 

Mr. Keeling. No, sir ; I did not. 

Senator McNamara. Why not ? 

Mr. Keeling. Well, I did not think it would be any use. 

Senator McNamara. What do you mean by that? You mean they 
were cooperating with the strikers ? 

Mr. Keeling. I would not say they were cooperating, no sir, but 
you could not get anything; there would not have been anything done 
about it. 

Senator McNamara. There would not ? 

Mr. Keeling. No, sir. 

Senator McNamara. How do you know this ? Did other people try, 
and nothing happened ? 

Mr. Keeling. I don't know of anyone that did. 

Senator McNamara. You just felt in your own mind, without any 
justification, there was no use to report it to the police ? 

Mr. Keeling. I just felt there would be no use. 

Senator McNamara. When you went back to work on this first 
strike, were there several employees or many of your employees back ? 

Mr. Keeling. Pardon me ? 

Senator McNamara. There were other people working when you 
went back to work, while the strike was still on. There were other 
people working for the company then, too ; were there not ? 

Mr. Keeling. Yes, sir ; but they were not union members. 

Senator McNamara. They were not union members ? 

Mr. Keeling. No, sir. 

Senator McNamara. You were the only one who had been a union 
member and then went back ? 

Mr. Keeling. One other man did come back. 

Senator McNamara. Were his tools stolen, too, the other man ? 

Mr. Keeling. Yes, sir ; he stayed only about a month, or something 
like that, and he quit. 

Senator IMcNamara. So they picked on you because you had been 
on strike and then went back, and that is your explanation of why 
you were singled out for this kind of treatment ? 

Mr. Keeling. That is right, sir. 

Senator McNamara. What happened when they put sirup in your 
car ? Wliat actually did you have to do to correct it ? 

Mr. Keeling. The car had to be overhauled. 

Senator JNIcNamara. What do you mean by "overhauled" ? 

Mr. Keeling. Well, it had to have new pistons and new rings. 

Senator JNIcNamara. It ruins the pistons ? 



IMPROPER ACTIVITIBS IN THE LABOR FIELD 7305 

Mr. Keeling Tlie motor had to be completely torn down, and over- 
hauled, about $165. 

Senator McNamara. How old was the car ? 

Mr. KJEELiNG. AVell, it was about 4 years old. 

Senator McNamara. Did you have to have a new fuel pmnp ? 

Mr. IsJiEiJLNG. No, sir. 

Senator McNa^niara. The sirup does not get in there? 

Mr. Keeling. The sirup was put in the crankcase. 

Senator McNamara. Not in the gasoline tank ? 

Mr. Keeling. No, sir. 

Senator McNamara. I see. Is it customary to put it in the cranks 
case, and not in the fuel tank ? 

Mr. Keeling. I don't know, sir ; that is where it was put in mine. 

Senator McNamara. It was put in your crankcase, but you knew 
about siruping of cars, and that is why you went back to work 

Mr. Keeling. Yes, sir. 

Senator McNamara. Do you know whether they put sirup in the 
crankcase, or in the gasoline tank, on these other cars that caused you 
to go back to work ? 

Mr. Keeling. In the crankcase. 

Senator McNamara. That was the general practice, as far as you 
knew ? 

Mr. ICeeling. Yes. sir. 

Senator McNamara. That is very interesting. 

That is all, Mr. Chairman. 

The Chairman. Thank you very much. You may stand aside. 

Call the next witness. 

Mr. Kennedy. Mr. Keith Draper is the next witness. 

The Chairman. Do you solemnly swear that the evidence you give 
before this Senate select committee shall be the truth, the whole truth, 
and nothing but the truth, so help you God ? 

Mr. Draper. I do. 

TESTIMONY OF KEITH DRAPER 

The Chairman, State your name and your place of residence and 
your business or occupation. 

Mr. Draper. My name is Keith Draper, I live at 111 10th Street, 
Madison, Tenn., and I work for American Bakery Co. as a salesman. 

The Chairman. In what capacity ? 

Mr. Draper. Salesman. 

The Chairman. You waive the right of counsel ? 

Mr. Draper. I do. 

Mr. Kennedy, In the early part of this year, Mr, Draper, were the 
Teamsters Union Local 327 in Nashville attempting to organize the 
American Bakery Co. ? 

Mr, Draper, That is right, 

Mr. Kennedy, Were you for or against the organizational drive ? 

Mr. Draper. I was against it. 

Mr. Kennedy. You were against it ? 

Mr. Draper. That is right. 

Mr. Kennedy, And were you an outspoken critic of the imion ? 

Mr. Draper. In other woixls, you mean I came out in front of 
everybody ? That is right, I did. 



7306 IMPROPEK ACTIVITIES IN THE LABOR MEILD 

Mr. Kennedy. You were strongly against the union and you made 
your views known, is that right ? 

Mr. Draper. That is right. 

Mr. Kennedy. Did you ever have any personal difficulties with tlie 
union? 

Mr. Draper. In my previous job I knew of some of the tactics they 
had pulled, or at least I thought they had pulled. In one instance, 
when they were talking about organizing the grocery store where I 
worked, Cooper-Martin, the butcher had acid thrown all over his car, 
and it would have eaten the car up in a short time, if he had not 
found out what happened. 

That was one reason, or one of the reasons, why I was objecting to 
the teamsters coming in. 

Mr. Kennedy. From this personal experience that you have had 
earlier ? 

Mr. Draper. That is right. 

Mr. Kennedy. Were you assaulted by any representative of the 
union ? 

Mr. Draper. By Perry Canaday. 

Mr. Kennedy. Who is the business agent of 327 ? 

Mr. Draper. That is right. 

Mr. Kennedy. Would you tell us what happened ? 

Mr. Draper. I was at a cafe, and I got ready to leave, and I walked 
in the restroom. 

Mr. Kennedy. This is on September 22, of this year ? 

Mr. Draper. That is right. 

I was standing with my back to the door, and I looked around over 
my right shoulder, and when I did, he slugged me on my lef thand side 
of my face. When I came up there, my face came up like a baseball and 
stayed there. 

The Chairman. What did he slug you with ? 

Mr. Draper. I don't know. 

Mr. Kennedy. You don't know what he hit you with ? 

Mr. Draper. No. 

Mr. Kennedy. Were you dazed or knocked out ? 

Mr. Draper. It knocked me in a daze ; yes, sir. 

Mr. Kennedy. Then he left ? 

Mr. Draper. I partly fell to the floor, and I did not go all of the 
way down, but I like to have gone to the floor. My mouth was cut on 
the inside. 

The Chairman. Did he give you any warning ? 

Mr. Draper. No, sir. 

The Chairman. Did he talk to you before ? 

Mr. Draper. No. 

The Chairman. Just an assault without warning? 

Mr. Draper. In fact I did not know him at the time he hit me. 

The Chairman. You did not even know him ? 

Mr. Draper. No, sir. 

Mr. Kennedy. What steps did you take then ? 

Mr. Draper. T\Tien I came out of the restroom, of course I was 
bleeding, and I sat down there in a booth there, and they brought 
towels and water to absorb the blood, which was streaming out of my 
nose and my mouth. Some of the people in the cafe told me who it 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7307 

was that followed me in the restroom, said it was Perry Canaday, and 
so I went down and swore out a warrant for him. 

Mr. Kennedy. What kind of a warrant did you swear out? 

Mr. Draper. I swore out a Joe Doe warrant. 

Mr, Kennedy. On whose advice did you swear out a Joe Doe 
warrant ? 

Mr. Dr^vper. From the officer who was in the courthouse, and lie 
said "If we get a Joe Doe warrant, these other guys around the court- 
house don't know who we are looking for, and I will have a better 
chance to pick him up." 

Mr. Kennedy. He suggested that you just put "Joe Doe," rather 
than Perry Canaday's name, actually on the warrant because of the 
fact that the rest of the people around the courthouse, if they found 
out who you were looking for, you might not be able to j)ick him up ? 

Mr. Draper. He would know they were looking for him, and they 
could not pick him up. 

Mr. Ivennedy. He thought there would be a better chance to pick 
him up ? 

Mr. Draper. Yes, sir. 

Mr. Kennedy. The warrant was turned over to this police officer ? 

Mr. Draper. Yes, sir ; and we went back out to the cafe, and it was 
just about closing time, or they had closed, and I sat in the car, and 
two officers went in, and the cafe owner said that Perry Canaday had 
gone, and he wasn't there. 

Mr. Ejennedy. So what happened after that ? 

Mr. Draper. So they carried me back to the courthouse, and advised 
me to go to the hospital, they thought my jaw was broken, and so I 
went to the hospital, and my jaw wasn't broken, and after that I went 
home. 

Mr. Kennedy. Did you hear anything about it after that ? 

Mr. Draper. Yes, sir ; on Sunday morning. 

Mr. Kennedy. What day was this, that you were hit ? 

Mr. Draper. It was Saturday night. 

On Sunday morning I got a telephone call at home, asking me would 
I drop charges. 

Mr. Kennedy. Who was the telephone call from? 

Mr. Draper. Fred Pirtle. 

Mr. Kennedy. How do you spell his name? 

Mr. Draper. I am not positive. 

Mr. Kennedy. Who was he? 

Mr. Draper. He was working at the bakery at that time. 

Senator Curtis. What is that ? 

Mr. Draper. He was working for the bakery at that time, as a sales- 
man, too. 

Mr. Kennedy. He asked you to drop the charges ? 

Mr. Draper. Yes, sir. 

Mr. Kennedy. What did you say then? 

Mr. Draper. I did not agree to it right at that time. 

Mr. Kennedy. Did he give you a reason why you should drop them ? 

Mr. Draper. He said that if I dropped them, it would be for my 
benefit, if I would drop them, and there would not be anything else 
to it. 



7308 IMPROPER ACTIVITIES IIS^ THE LABOR FIELD 

Mr. Kennedy. Then what happened ? Did you get any other tele- 
phone calls? 

Mr. Draper. We got three more that afternoon. 

Mr. Kennedy. Who were they from? 

Mr. Draper. I do not know who the other three were from. 

Mr. Kennedy. Just anonymous telephone calls? 

Mr. Draper. That is right. 

Mr. Kennedy. Were the calls to you or to your wife ? 

Mr. Draper. Well, my wife answered the phone once and they 
talked to her once. 

Mr. Kennedy. What did they say ? 

Mr. Draper. Well, they advised her to get me to go and release the 
warrant, or if I didn't, something might happen to the children or — I 
mean, something might happen to me or it could even happen to the 
children and her. It was for my own benefit that I go do that. 

Mr. Kennedy. Did they say the same things to you? 

Mr. Draper. Practically the same things. 

Mr. Kennedy. So what did you decide to do then? 

Mr. Draper. Then, I finally got the last telephone call when I 
decided to go drop it. It was from Fred Pirtle, too, the one that 
called first. 
, Mr. Kennedy. What did he say ? 

Mr. Draper. He asked me if I had changed my mind about what I 
wanted to do. In the meantime, my wife had got all worried, and 
torn up over the situation, and the little girl, too, which is 18. So we 
decided that that was the only thing to do, was to withdraw the 
warrant. So when Pirtle called me the last time, I told him that I 
would. He asked me to come over — to come to the cafe, and that is 
where I went. They did not have the warrant then. 

Mr. Kennedy. He asked you to meet him at the cafe on Septem- 
ber 24? 

Mr. Draper. On Sunday night. 

Mr. Kennedy. That would be Sunday night? 

Mr. Draper. On Sunday night. I met him there about 6 o'clock. 

Mr. Kennedy. That would be the following day, September 23 ? 

Mr. Draper. That is right. 

Mr. Kennedy. You met him there ? 

Mr. Draper. I met Pirtle and Canaday, and the restaurant owner- 
operator, I do not know who it is, and we went in the back room and 
talked, and he thanked me for what I was going to do to drop the 
charges. 

The Chairman. Wlio thanked you ? 

Mr. Draper. Perry and Pirtle. 

The Chairman. Did he say why he hit you ? 

Mr. Draper. He said he reckoned he was just all drunked up. 

The Chairman. Reckoned he was just all drunked up? 

Mr. Draper. That is what he said. 

The Chairman. Did he appear to be drunk when he hit you? 

Mr. Draper. A man couldn't hit that hard, drunk. 
, Mr. Kennedy. So was that the end of it ? He didn't have anything 
with him at that time ? 

Mr. Draper. Not at that time. So they asked me to go by the court- 
house, and asked, could I get in by 4 o'clock the next afternoon. I 



IMPROPER AOTIVITIEiS EST THE LABOR FIELD 7309 

told tliem no, that Monday was a hard day and I usually got in 
around 6 o'clock on Monday. So they said, "Well, we will see what 
we can do." So then, when I go to the office on Monday afternoon, 
there was a telephone call there for me to call, and the supervisor had 
the number, and he knew who it was. He saicl, "Pirtle is trying to get 
hold of you." I said, "I know what it is about." So, when I got 
hold of Pirtle, I called him, he said for me to meet him back at this 
cafe and I could sign. 

Mr. Kennedy. Could sign what ? 

Mr. Draper. The warrant, the release on the warrant. So I go 
back to the cafe on Monday night, and Canaday and the restaurant 
operator had the warrant. 

Mr. Kennedy. They had the warrant that had been in the hands of 
the police officer ? They had the warrant then themselves ? 

Mr. Draper. That is right. 

Mr. Kennedy. The warrant which you had sworn out and which 
had been turned over to the police officer 2 days before was now in 
the possession of Perry Canaday, himself ? 

Mr. Draper. That is right. 

Mr. Kennedy. Do you know where he got the warrant ? 

Mr. Draper. No, sir ; I don't. 

Mr. Kennedy. This is in Nashville, Tenn. ? 

Mr. Draper. That is right. 

Mr. Kennedy. You have no explanation as to why he had the war- 
rant and hadn't been placed under arrest by that time? You hadn't 
withdrawn the charge at that time^ had you ? 

Mr. Draper. No, sir ; I had not. 

Mr. Kennedy. If anybody gave him the warrant, he would have 
been under arrest. Can you give any explanation as to how he got 
the warrant without being put under arrest ? 

Mr. Draper. No, sir. 

Mr. Kenni<:dy. Or why the warrant was given to him ? 

Mr. Draper. He had to get it from an officer or out of the court- 
house, one. 

Mr. Kennedy. What did he want you to do with the warrant ? 

Mr. Draper. Well, I asked him. I didn't know how to release any 
warrant, and he said, "Well, you just sign your name right here." 

Mr. Kennedy. Did he have anything written there ? 

Mr. Draper. I do not remember whether that was on there. It was 
on there when I signed my name, but I do not know whether they 
wrote it on there or whether it was already written on there. 

Mr. Kennedy. You don't know whether it was written on in your 
presence, is that right ? 

Mr. Draper. That is right. I do not remember that. 

The Chairman. I hand you a photostatic copy of the warrant, I 
believe, about which you have been testifying. Will you examine it 
and state if you identify it. 

( Document handed to the witness. ) 

Mr. Draper. That is it. 

The Chairman. Do you identify it ? 

Mr. Draper. That is right. 

The Chairman. That may be made exhibit No. 18. 



7310 IMPROPER ACTIVITIES LN" THE LABOR FIELD 

(The document referred to was marked "Exhibit No. 18" for ref- 
erence and may be found in the files of tlie select committee.) 

The Chairman. The warrant shows that it was issued against Jolm 
Doe, I believe. It shows it was issued against John Doe, charging 
him with assault and battery upon the person of the prosecutor, and 
your name appears over here as the person of the prosecutor, Keith 
Draper. 

Mr. Draper. That is right. 

The Chairman. You signed this warrant, did you ? 

Mr. Draper. At the courthouse. 

The Chairman. That is your signature ? 

Mr. Draper. On the front ; yes, sir. 

The Chairman. And then when you released it, you signed this 
statement on the back of it, it appears. 

Mr, Draper. I just signed my name on the back of it. I signed that 
statement. 

The Chairman. I did not understand you. 

Mr. Draper. I didn't write that, "I do not wish to prosecute." 

The Chairman. I know you did not write it, but you signed with 
that on it. 

Mr. Draper. That is right. 

The Chairman. The warrant was issued the 22d day of Septem- 
ber 1957 according to the date of it, and on the reverse side there is 
written in pen, "I do not wish to prosecute. 9-23-57," which was the 
next day. 

Mr. Draper. That is right. That was on Monday night. 

The Chairman. And your name appears, "Keith Draper." You 
signed that statement that you did not want to prosecute. 

Mr. Draper. That is right. 

The Chairman. All right. 

Mr. Kennedy. That is not in your handwriting, "I do not want to 
prosecute" ? 

Mr. Draper. No, sir. That is not in my handwriting. 

Mr. Kennedy. That was written by them, is that right ? 

Mr. Draper. That is right. 

Mr. Kennedy. Did you ever hear from Mr. Canaday again, or 
did you ever hear anything further regarding this matter? 

Mr. Draper. Yes. I don't recall the date, but it seems to me it was 
about 3 or 4 weeks ago. A month to 6 weeks, I will put it that way. 
I was approached at College Grove, Tenn., which is about 30 miles 
south of Nashville, by an ex-employee of the company, which was 
Fred Pirtle. It was in a grocery store. I said, "Boy, what are you 
doing down here?" He said, "Well, I am just riding around." He 
said, "Perry wants to see you out here." So I walked on out and 
Perry Canaday was out there. He said, "Get in." I got in, in the 
back seat of his car. He said, "Has the Tennessean reporter got hold 
of you?" I said, "No." He said, "Well, he probably will. When 
he does get ahold of you, you don't tell him anything. That is 
for the good of you, for the good of you and your family. Just don't 
tell him anything." 

Mr. Kennedy. Who said this to you ? 

Mr. Draper. Canaday. 

The Chairman. For the good of you and your family ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7311 

Mr. Draper. Tliat is right. So, I agreed to it. I said, "All right." 

Mr. Kennedy. Did you hear again from them after that ? 

Mr. Draper. Well, that night was when Mr. McShane met me; when 
1 come in that night. 

Mr. Kennedy. Mr. McShane of the staff of this commmittee ? 

Mr. Draper. That is right. That is when he talked with me, was 
that same day that they met me at College Grove. The next day 
they met me at Nolansville. 

Mr. Kennedy. Nolansville? 

Mr. Draper. That is right. Tliat is about 15 miles south of Nash- 
ville. 

Mr. Kennedy. Canaday again ? 

Mr. Draper. That is right. So when I come out of the store — 
well, my supervisor was with me, but he stayed in the store. I went 
back to the truck to get some more bread. They hollered at me to 
■come to the car. So I walked over the car where they were. And 
he said, "Well, that is just fine." Of course, it come out in the paper, 
but I wasn't telling the reporter anything. lie said, "That is fine." 
Of course, the reason I didn't tell the news reporter was because Mr. 
McShane told me that in case the newspaper called me just to say, "I 
have no comment." So that is what I did. So it worked both ways. 
He said, "Well, the grand jury will probably indict you, and when 
they do," he said, "you don't tell tliem anything." 

Mr. Kennedy. That the gi\and jury would probably call you? 

Mr. Draper. Would call me. And he said, "If they do, you just 
tell theni you don't know who hit you." Then he said, "There won't 
be anything to this." 

Mr. Kennedy. Did they say what you should say about what your 
condition was at the time, about being drunk or anything? 

Mr. Draper. Well, they did make a remark most every time when 
they were talking, that they were just all drunked-up. 

Mr. Kennedy. Did they suggest that you say you were drunk, also, 
and didn't know who hit you ? 

Mr. Draper. That is right. 

Mr. Kennedy. And that suggestion was made at the last meeting 
that you had, that if you were called before a grand jury, you would 
say that ? 

Mr. Draper. And then the grand jury couldn't do anything. 

Mr. Kennedy. If you said that, the gi^and jury could not take any 
action ? 

Mr. Draper. That is right. 

Mr. Kennedy. Was that the last time you heard from them ? 

Mr. Draper, Yes ; it was. 

Mr. Kennedy. Did you or your wife receive any more telephone 
calls ? 

Mr. Draper. Well, we have received a lot of calls, but we don't know 
who is calling. They call my wife and ask if I am at home, and if 
I go to the telephone, nobody is there. Nobody will answer. They 
have already hung up. 

Mr. Kennedy. Have you received many of those telephone calls ? 

Mr. Draper. Well, it happens a couple of times every night. 

Mr. Kennedy. Every night ? 

Mr. Draper. Yes, sir. 



7312 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. And they are never there when you get to the phone ? 

Mr. Draper. No, sir. 

Mr. Kennedy. Did they ever say anything to your wife if you are 
not there ? 

Mr. Draper. No, sir. 

Mr. Kennedy. They just ask if you are there ? 

Mr. Draper. They just ask if I am there. We have left the tele- 
phone off the hook to keep anybody from calling so that they will 
not wake up anybody. 

Mr. Kennedy. What time do the telephone calls come ? 

Mr. Draper. They come at any time in the night. 

Mr. Kennedy. Right straight on through the morning? 

Mr. Draper. We have had them as late as 3 o'clock in the morning. 
Most of them are before 12 o'clock. 

Mr. Kennedy. Does this upset your wife ? 

Mr. Draper. Sure it does. She don't know what will happen to 
her or the children, because she can't figure out what the object is. 

The Chairman. Mr. Draper, you signed this release on the warrant 
because you were afraid ; isn't that true I 

Mr. Draper. That is right. 

The Chairman. And now you are still being harassed by these tele- 
phone calls ? 

Mr. Draper. Yes, sir ; but they don't say anything. 

The Chairman. I understand. You described what occurred. You 
were also asked to commit perjury if you went before the grand jury, 
to swear you didn't know who hit you when you do know who hit you ? 

Mr. Draper. That is right. 

The Chairman. That is correct ? 

Mr. Draper. That is right. 

The Chairman. Did you think these telephone calls are just to keep 
you reminded that they mean for you to commit perjury when you 
go before the grand jury ? 

Mr. Draper. Well, that would be what I would think. A friend 
wouldn't be calling me and doing me that way. 

The Chairman. Sir? 

Mr. Draper. A friend of mine wouldn't be calling me and doing 
the family that way. A friend, I say. 

The Chairman. Anyone who had your interests at heart wouldn't 
be calling you and doing you that way ; would they ? 

Mr. Draper. That is right. 

The Chairman. So you are still under apprehension ? 

Mr. Draper. Yes, sir. 

Senator Curtis. "W^ien was the last harassment you were subjected 
to ? How long ago ? 

Mr. Draper. I didn't quite get that, please. 

Senator Curtis. When was the last time anybody bothered and 
harassed you ? 

Mr. Draper. When they met me at Nolansville was the last time I 
know 

Senator Curtis. When was that ? 

Mr. Draper. That was before 5 weeks ago, I reckon it was. 

Senator Curtis. That is all. 

The Chairman. There are the telephone calls. 



IMPROPER ACTlVmES EST THE LABOR FIEiLD 7313 

Senator Curtis. You haven't received any telephone calls in the 
last 5 weeks ? 

Mr. DiiAPER. Yes, sir ; but I don't know who they were from. 

Senator Curtis. I did not ask you who they were from. I asked 
you wlien was the last one you received. 

Mr. Draper. Last Saturday. 

Senator Curtis. Last Saturday ? 

Mr. Draper. Yes, sir. 

Senator Curtis. And that was after it was known you were coming 
down here, too ? 

Mr. Draper. Yes, sir. 

Mr. Kennedy. And you did appear before a grand jury ; did you 
not? 

Mr. Draper. Yes, sir ; twice. 

Mr. Kennedy. You were called before the grand jury and you testi- 
fied truthfully ? 

Mr. Draper. Yes, sir. 

Mr. Kennedy. That was within the last week ? 

Mr. DitAPER. The last week, I think. 

Mr. Kennedy. And Mr. Canaday has been indicted, has he not, for 
the assault ? 

Mr. Draper. I understood by the paper that he was to be, yesterday. 

Mr. Kennedy. It wasn't because you had pressed it yourself, but the 
district attorney started to move on this matter ? 

Mr. DiLvpER. Yes, sir ; he started to move. He said he had to get 
to work on this case before Washington let it out. 

The Chairman. Before Washington let it out. Maybe we are doing 
some good down there. 

(At this point. Senator Ives withdrew from the hearing room.) 

Senator McNamara. Mr. Chairman? 

The Chairman. Senator McNamara. 

Senator McNamara. You mentioned a Mr. Pirtle. You called him 
Mr. Pirtle. Was he a friend of yours ? 

Mr. Draper. I thought he was. It turned out he wasn't. 

Senator McNamara. He was just somebody that worked with you ? 
You were both salesmen, was that the relationship ? 

Mr. Draper. Yes, sir. 

Senator McNamara. Was he present the night you were beaten up ? 

Mr. Draper. He left about, I would say, 3 minutes before I got 
hit. 

Senator McNamara. He had been there, however ? 

Mr. Draper. Yes, sir. 

Senator McNamara. You thought he was your friend, but it de- 
velops now that because of these instances, you find he is not your 
friend ? 

Mr. Draper. Yes, sir. 

Senator McNamara. Are we to assume that he was friendly to this 
man that beat you up ? 

Mr. Draper. Yes, sir. He was with him both times he beat me on 
the highway. 

Senator McNamara. He traveled around with him ? 

Mr. Draper. Yes, sir. 



7314 IMPROPEE ACTIVITIES IN THE LABOR FIEILD 

Senator McNamara. Was he a member of this union that was try- 
ing to organize the place ? 

Mr. Draper. After he left the company, I think he did. 

Senator McNamara. But not at the time ? 

Mr. Draper. Not at that time he wasn't. 

Senator McNamara. Did they succeed in organizing the plant or 
not? 

Mr. Draper. No, sir. They called off the election. 

Senator McNamara. They called it off ? 

Mr. Draper. Yes, sir. 

Senator McNamara. That is all, Mr. Chairman. 

The Chairman. Thank you very much. 

Call the next witness. 

(Members present at swearing of the witness were: Senators Mc- 
Clellan, McNamara, and Curtis.) 

Mr. Kennedy. Andrew Mosier. 

The Chairman. Do you solemnly swear the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Mosier. I do. 

TESTIMONY OF ANDREW T. MOSIER 

The Chairman. State your name, your place of residence, and your 
business or occupation, Mr. Mosier. 

Mr. Mosier. Andrew T. Mosier, Nashville, Tenn., Belle Meade 
Police Department. 

The Chairman. You are what? 

Mr. Mosier. A lieutenant on the Belle Meade Police Department. 

The Chairman. Belle Meade ? 

Mr. Mosier. Yes, sir. 

The Chairman. Thank you. You waive counsel ? 

Mr. Mosier. Yes, sir. 

The Chairman. All right, Mr. Kennedy. 

Mr. Kennedy. Where is Belle Meade ? 

Mr. Mosier. Belle Meade is a small suburban — a suburb on the 
western part of Nashville. 

Mr. Kennedy. The western part of Nashville ? 

Mr. Mosier. Yes. 

Mr. Kennedy. It is not within the city lines of Nashville ? 

Mr. MosiER. It is in Davidson County. 

Mr. Kennedy. You are outside of the jurisdiction of the police 
force of Nashville ? 

Mr. Mosier. That is right ; yes. 

Mr. Kennedy. Within the jurisdiction of the sheriff's office ? 

Mr. Mosier. That is right. 

Mr. Kennedy. Could you tell the committee about the Belle Meade 
Police Department ? It is an unusual arrangement. 

Mr. Mosier. Well, the Belle JNIeade Police Department is privately 
owned by Leo Lucarini. 

The Chairman. It is what ? 

Mr. Mosier. Privately owned. 

The Chairman, Privatelv owned ? 



IMPROPER ACrriVITiES IN THE LABOR FIELD 7315 

Mr. MosiER. Yes, sir. It is a subscription basis. 

Mr. Kennedy. L-u-c-a-r-i-ii-i ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. How does it operate ? Will you explain that ? 

Mr. MosiER. We operate through a charging for services, and pro- 
tecting the property of homes and business places in that area. I have 
been there M years. 

The Chairjvian. Are you a deputy sheriff ? 

Mr. MosiER. Yes, sir ; deputy sheriff or undersheriff. 

The Chairman. You are under that authority ? 

Mr. MosiER. Yes, sir ; under the authority of the sheriff's office. 

Mr. Kennedy. You are under the sherift''s office, although it is a 
private institution ; is that right ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. Do you also perform work for the public ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. Such as what ? 

Mr. MosiER. To a certain extent. On school zones, traffic, things 
like that. 

Mr. Kennedy. But basically, it is a private institution ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. And you take your instructions ultimately from 
the sheriff's office ? 

Mr. MosiER. That is right. 

Mr. Kennedy. Then you allow your deputies to work out on a 
contract basis with companies and with tirms and with private 
homes, is that right, to protect property ? 

Mr. MosiER. Let me explain that a little bit further. We have a 
watching service, like the Western Electric Co., the guard service. 
We are under contract to them; with Kroger Co., with Locke Hard- 
ware Co., and several other companies where we furnish guards, 
night watchmen. 

Senator Curtis. May I ask a question there about the organization ? 

Mr. MosiER. Yes, sir. 

Senator Curtis. In other words, you provide a sort of protective 
service that you charge individual citizens and businesses for; is that 
right? 

Mr. MosiER. That is correct, sir. 

Senator Curtis. But when you act officially, such as making ar- 
rests, you do so under the cloak of authority as a deputy sheriff'? 

Mr. MosiER. That is correct, sir. 

Senator Curtis. Are all of your men deputy sheriffs ? 

Mr. MosiER. Yes, sir. 

Senator Curtis. Every employee ? 

Mr. MosiER. No; not every employee. We have several civiliara 
employees, such as bookkeeper. But those we have driving out on 
patrol cars and working on jobs like that are deputy sheriffs or 
special deputy slierift's. 

Senator Curtis. Are all your men subject to the directions and 
control of the sheriff? 

Mr. MosiER. That is right, sir. He can revoke their commission 
at will. 

Senator Curtis, That is all. 



7316 IMPROPER ACTIVITIE'S IN" THE LABOR FIELD 

Mr. Kennedy. In August of 1956, were you requested to provide 
some services for the Wilson Truck Line '^ 

Mr. MosiER. Yes, sir ; I was. I was called by Mr. Bransf ord. My 
chief was called by Mr. Bransford. 

Mr. Kennedy. Mr. who ? 

Mr. MosiER. Mr, Bransford. B-r-a-n-s-f-o-r-d. 

Mr. Kennedy. He called ? 

j\Ir. MosiER. He has the insurance for the Wilson Trucking Line. 

Mr. Kennedy. They wanted some guards out there ? 

Mr. MosiER. They wanted a couple of guards, yes, sir, to watch 
after the trucks at night. 

Mr. Kennedy. And you made arrangements to send guards out 
there? 

Mr. MosiER. Yes, sir. I sent two out there. I think that was on 
August 3. 

Mr. Kennedy. '\'\nio was attempting to organize the company at 
the time ? 

Mr. MosiER. I understood it was the teamsters. I didn't positively 
know. 

Mr. Kennedy. Had there been a good deal of trouble with the 
teamsters in the Nashville area over the period of the past few years ? 

Mr. MosiER. Yes, sir, 

Mr. Kennedy. So they wanted some guards on their property at 
the time the teamsters were attempting to organize ? 

Mr. MosiER, Yes, sir. 

Mr. Kennedy. And you provided those guards ? 

Mr, MosiER, I sent two men out there, yes, sir, 

Mr. Kennedy. How long did they remain out there ? 

Mr. MosiER. They remained out there the night of August 3 and 
the night of August 4. 

Mr. Kennedy. Then were they taken off ? 

Mr.MosiBB. Yes, sir. 

Mr. Kennedy. l<'or what reason ? 

Mr. MosiER. Mr. Gourley, the acting sheriff at that time, called and 
wanted to know who the men were that were on the job out there. 

Mr. Kennedy. That is Everett Gourley ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. He was the acting sheriff ? 

Mr. MosiER. He was the acting sheriff, after Sheriff Tom Cart- 
wright died. He was delegated to take the office over as coroner. 

Mr. Kennedy. He had been coroner and under the law, when the 
sheriff dies, the coroner becomes sheriff', is that right ^ 

Mr. MosiER. That is right. 

Mr. Kennedy. And he became acting sheriff until a new election ? 

Mr. MosiER. Yes, sir ; he became sheriff, 

Mr. Kennedy. Now, what about Mr. Gourley ? 

Mr. MosiER. Mr, Gourley said I would have to remove the two men 
that were out there. He wanted to know who they were. He said 
I would have to remove them from out there. I called the chief. He 
was at home at the time, I told him. 

Mr. Kennedy. Who was the chief ? 

Mr. MosiER. Leo Lucarini. The chief called him, I think, and then 
Mr. Bransford — I can't think of the gentleman's name at the trucking 
company 



IMPROPER ACTIVITIES m THE LABOR FIELD 7317 

Mr. Kennedy. Mr. Comer? 

Mr. :Mosier. Yes, sir. They called and wanted to see if we could 
leave tliem. Finally :Mr. Gourley said we could leave them over- 
night, but we would have to remove them. 

Mr. Kennedy. You had them out for one night as of this time, 
when you received the call ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. And he said you could keep them out there for one 
night longer I 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. Wilson Truck Lines were paying for these men, 
were they not ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. And that is a sei^vice tliat tlie Belle Meade Police 
Department was supposed to provide. Why did he say he wanted 
those people removed ? What did he explain to you as the reason he 
wanted those people removed ? 

Mr. MosiER. He said that they had told him, although he didn't 
want to stick his neck out 

Mr. Kennedy. Why didn't he want to stick his neck out? What 
was the problem ? 

Mr. MosiER. I don't know, sir. 

Mr. Kennedy. He just said, "I don't want to stick my neck out."? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. Did he say anything about what was involved in 
this matter ? 

Mr. MosiER. I imagine he didn't want to get into the labor end of 
it. 

Mr. Kennedy. Did he say that to you ? 

Mr. IMosiER. Yes, sir. 

Mr. Kennedy. That he did not want to get into a question of labor? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. And if there was labor violence, he didn't want to 
get involved ? 

Mr. MosiER. That is right. 

Mr. Kennedy. Did he say also tliat people had been on his neck, 
and that there was pressure being put on him ? 

Mr. MosiER. He said they had called him about the men that were 
out tliere on the job. 

The Chairman. Who did he mean by "they" ? 

Mr. MosiER. I don't know, sir. He sent two of his deputies out 
there to find out who the men were that were on the job. He didn't 
know if they were his men or wluit the men were at the time. So when 
his men came out there, they found out that my two men had deputy 
coroner's commissions, and that is wlien he called to find out about 
it, and have us pull the men oif the job. 

]Mr. Kennedy. What steps did he say he would take ? 

Mr. ^losiER. He said he would have to take up tlie cards if we 
didn't pull them off. 

Mv. Kennedy. He said if you didn't get tlie men out of tliere, he 
was ffoiiio; to withdraw the commission ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. So he felt very strongly about it ? 



7318 IMPROPER ACTIVITIES IN THE LABOR FIELD 



Mr. Kennedy. You gathered that? 

Mr. MosiER. Yes, sir. 

Mr. ICennedy. iViid you removed those guards then ? 

Mr. MosiER. Yes, sir. 

Mr. Kennedy. They only stayed the one more night? 

Mr. MosiER. That is right. 

Mr. Kennedy. Had you had any complaints about them other- 
wise? Had they been involved in anything improper, or anything 
like that ? 

Mr. MosiER. Complaints about who, sir ? 

Mr. KJENNEDY. About these guards that were out there? Had they, 
been performing their duties improperly or anything like that ? 

Mr. MosiER. Ko sir, I had no complaints. 

Mr. Kennedy. Nobody said anything about that ? 

Mr. MosiER. No, sir. 

Mr. Kennedy. It was just the fact that some people had called 
him and he wanted these people removed because he didn't want to 
get involved in a labor dispute or get involved where union violence- 
might arise, is that right ? 

Mr. MosiER. That is right. 

Mr. Kennedy. Did you tell Mr. Lucarini about the conversation? 

Mr. MosiER. Yes, sir. Mr. Lucarini had conversations also on 
that. 

Mr. Kennedy. Mr. Lucarini, Mr. Chairman, had a heart attack 
and was unable to come, but he has furnished an affidavit which I 
think suffices. 

The Chairman. The Chair will read the body of the affidavit. It 
may be inserted in the record at this point in full. 

I, Leo Lucarini, chief of the Belle Meade Police Department, on August 4,. 
1956, was advised by one of my officers, Lt. Andrew T. Mosier, that Acting 
Sheriff Everett Gourley had notified Mosier by telephone that the Belle Meade 
police guards would have to be pulled off the Wilson Truck Co. property. 
Mosier also related to me that he had been told by Gourley that the teamster 
ofHcials from local 327 in Nashville were on his neck to remove the police guards 
from the Wilson Truck Co. property. I called Sheriff Gourley in reference to 
this problem and he advised me that I would have to pull the guards away from 
the strike area because he was afraid of becoming involved in a lawsuit. He- 
stated that there had been some trouble between the pickets and the Belle 
Meade police guards the night before, and that some of the pickets threw rocks 
at the officers, and that he, Gourley, was afraid one of the officers might pull his 
gun and shoot a picket which would result in Gourley becoming involved in a 
lawsuit. I asked Sheriff Gourley if I should pull the men off immediately and 
leave the truck company without any protection, and he advised me to wait until 
the next morning. The next morning at my direction the two police officers 
were relieved from duty at the Wilson Truck Co. in Nashville, Tenn. 

(Affidavit referred to follows :) 

Affidavit 

I, Leo Lucarini. who reside at 118 Windsor Drive. Nashville, Tenn., freely 
and voluntarily make the following statement to LaVern J. Duffy who has 
identified himself to me as a member of the staff of the United States Senate- 
Select Committee on Improper Activities in the Labor Management Field. No 
threats, force or duress has been used to induce me to make this statement, nor 
have I received any promise of immunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7319 

I, Leo Lucarini, chief of the Belle Meade Police Department, on August 4, 
1956, was advised by one of uiy officers, Lt. Andrew T. Mosier, that Acting Sheriff 
Everett Gourley had notified Mosier by telephone that the Belle Meade police 
guards would have to be pulled ofll" the Wilson Truck Co. property. Mosier also 
related to me that he had been told by Gourley that the teamster officials from 
local 327 in Nashville were on his neck to remove the police guards from the 
Wilson Truck Co. property. I called Sheriff Gourley in reference to this prob- 
lem and he advised me that I would havet o pull the guards away from the- 
strike area because he was afraid of becoming involved in a lawsuit. He stated 
that there had been some trouble between the pickets and the Belle Meade police 
guards the night before, and that some of the pickets threw rocks at the officers^ 
and that he, Gourley, was afraid one of the officers might pull his gun and 
shoot a picket which would result in Gourley becoming involved in a lawsuit. 
I asked Sheriff Gourley if I should pull the men off immediately and leave 
the truck company without any protection, and he advised me to wait until the 
next morning. The next morning at my direction the two police officers were 
relieved from duty at the Wilson Truck Co. in Nashville, Tenn. 

I have read the foregoing statement, and to the best of my knowledge it is- 
true and correct. 

/s/ Leo Lucarini. 

Witnesses : 

La Verne J. Duffy. 
Lucy C. Terrehll. 

Sworn to and subscribed before me this 24 day of July 1957. 

My commisssion expires November 27, 1960. 

Iseal] /s/ Nettie F. Kinsey, Notary Public. 

The Chairman. Is there anything further ? 

Senator McNamara. Were you hired by the sheriff or by Mr.. 
Lucarini ? 

Mr. Mosier. Lucarini. 

Senator McNamaiuv. 'Wlio hired you ? 

Mr. Mosier. Mr. Lucarini. 

Senator McNamara. Mr. Lucarini hired you ? 

Mr. Mosier. Yes, sir. 

Senator McNamara. And he arranged for you to be deputized as 
a sheriff ? 

Mr. Mosier. That is right, sir. 

Senator McNamara. You were not a deputy sheriff' before you took: 
thejob? 

Mr. Mosier. No, sir. 

Senator McNamara. Do you receive any pay from the sherift''s 
office ? 

Mr. Mosier. No, sir. 

Senator McNamara. Your pay totally comes from this private- 
police ? 

Mr. Mosier. The Belle Meade Police Department, yes, sir. 

Senator McNamara. Which is a private agency '? 

Mr. Mosier. It is a private agency. 

Senator McNamara. Do you know by what authority they operate ? 
Do they have a charter or permit or something? They must have 
some authority to operate from the coimty or the city or something. 

Mr. Mosier. From the county. 

Senator McNamara. From the county ? 

Mr. Mosier. The sheriff's department. The sheriff commissions 
the police. We have several of these little private police departments 
around the Nashville area. 



89330— 58— pt. 18- 



7320 EVIPROPER ACTIVITIES IN' THE LABOR FIEOLD 

Senator McNamara. What is your duty mainly? To go around 
to individual householders and see that the doors are locked and the 
garages closed? 

Mr. MosiER, That is correct. People would subscribe to us where 
if they are leaving home and are going to be away from home for a 
week or 2 weeks, they give us a call and tell us how they are going to 
leave their home, and then our patrol cars go by. It is mostly a 
glorified night-watchman service. 

Senator McNamara. How much do the individual householders 
pay? 

Senator McNamara. $18 a year ? 

Senator McNamara, 18 a year ? 

Mr. MosiER. Yes, sir. 

Senator McNamara. That is all, Mr. Chairman, 

Senator Curtis. How long have you been in this police work? 

Mr. MosiER, Ten years, sir. 

Senator Curtis. During that time, has this word come down from 
the sheriff's office to not get involved in crime and violence with any 
other group besides the unions ? 

Mr, MosiER, No, sir. 

Senator Curtis. They never told you to lay off of children who 
might commit a crime ? 

Mr. MosiER, I don't quite understand that, sir. 

Senator Curtis. What I mean is they have never picked out any 
other group, children or any profession or any nationality, or any 
businesses, and say, ''Don't ever bother them" ? 

Mr. MosiER, Only where the law is violated, we usually take that 
into our own concern. 

Senator Curtis, But this special direction, not to get involved in 
union violations is something that in your experience has only been 
carried out in reference to unions, is that right ? 

Mr, MosiER, That is right, sir. I don't like to get into any kind 
of violence, if I can help it. 

Senator Curtis, But so far as you Icnow, that was the only group 
that were permitted to live outside the law ? 

Mr, MosiER, Which was the only group ? 

Senator Curtis, The unions. 

Mr. MosiER, I imagine so, sir. 

The Chairman. All right. Thank you very much. 

Mr. Kennedy. Mr. Everett Comer. 

The Chairman, Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Comer, I do. 

TESTIMONY OF EVERETT G. COMER 

The Chairman. State your name and your place of residence and 
your business or occupation. 

Mr. Comer. My name is Everett G. Comer; resident, 3703 Wood- 
mont Lane, Nashville, Tenn. I am president and general manager 
of Wilson Trucking Co., home office in Nashville, Tenn. 

The Chairman. You waive the right of counsel ? 

Mr. Comer. I do. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7321 

Mr. IvEXNEDY. Mr, Comer, you were having some problems with 
the teamsters union, were you, in 1956 ? 

Mr. Comer. That is correct. 

Mr. Kennedy. And they went out on strike ? 

Mr. Comer. That is right. 

Mr. IvENNEDY. And you felt that you needed some guards to pro- 
tect your property ; is that right ? 

Mr. Comer. That is right. 

Mr. KJENNEDY. And you contacted the Belle Meade Police Depart- 
ment, Mr. Lucarini ? 

Mr. Comer. I believe the contact was made by one of our stock- 
holders who in turn had Lieutenant Mozier get in touch with me. 

Mr. Kennedy. And guards were assigned in early August of 1956 ? 

Mr. Comer. That is correct. 

Mr. IvENNEDY. Around the 2d or 3d of August of 1956 ? 

Mr. Comer. Yes, the 3d, I think. 

Mr. Kennedy. Now, I understand from the previous witness that 
they only remained a couple of days, but I believe your records showed 
that they stayed about 10 days, the guards. 

Mr. Comer. Yes. Our record based on payments to those guards, 
indicate that they were there from the 3d until the morning of the 
12th. 

Mr. Kennedy. But anyway, at that time were you told those guards 
would have to be removed ? 

Mr. Comer. I was told by one of our supervisors who had been on 
duty at the warehouse the night of the 11th, a Saturday night, the 
11th, that it appeared these guards would not be back. However, he 
had not been there all night himself and he said that I had better 
call McCloskey, who was the man who had been there all night and 
get the story. That I did. 

Mr. Kennedy. Will you recite that ? 

Mr. Comer. McCloskey reported that during the evening of Sat- 
urday two men who identified themselves as being from the sheriff's 
office had driven across the picket line and into our lot. Of course he 
went back immediately, not knowing who they were, to investigate. 
He asked them why tliey were there. 

He was told that they wanted to talk to these two guards and 
wanted to know if there was any objection and he said "No." 
McCloskey said, "Well, I am also a commissioned deputy from the 
sheriff's office and if there is any trouble, I think that I can take 
care of it." 

They said, "We would like to talk to them." So they talked to 
them and left. Later in the night, I believe it was reported sometime 
after midnight probably, that these guards received a teleplione call 
from their office, which was the Belle Meade patrol. 

The identity of the person calling was not known, but when this 
guard left the phone, he said it looked like they were not going to be 
able to return for duty the next night. He was asked why and lie 
said, "Well, the sheriff called the office, the Belle Meade office, and told 
them tliat these men should be removed and in fact they would have to 
remove them." 

The guard further stated that it was because the sheriff had said 
tliat if they did come back out there, he would have to cancel their 



7322 IMPROPER ACTIVITIES EN THE LABOR FIELD 

commissions. So I then got in touch with Lieutenant Mozier of the- 
Belle Meade patrol and asked him what the trouble was, and he said,, 
well, that was substantially correct. They had been ordered not to 
send those men back out there anymore. He wanted to know if there 
was anything I wanted him to do and I said, "No, I want to get in 
touch with acting Sheriff Gourley and see why he has put out such 
an order." 

For 2 or 3 hours I was not successful in getting in touch with him. 
Shortly after noon, that was on Sunday, I did reach him at home. 
I asked him if he knew why I had employed those men and I wanted 
to explain to him that they were strictly on guard duty out there 
and that we had a fence now in front of the place, our protective 
fence, and that we had over $2 million worth of brandnew equipment 
setting over there. 

I explained that they were not employed as strikebreakers, nor 
to have anything to do with the picket line, but to protect that prop- 
erty, and as far as trouble with the union or picket line was con- 
cerned, I did not anticipate any because we were not tiying to operate 
as employees would not cross the picket line and we were shut down 
100 percent, so I did not anticipate any trouble with the picket line 
nor the union. 

All I wanted was to protect that property, that it would be very easy 
for someone to slip into that lot and pour sirup into the engines and 
we would know nothing about it until we tried to start them again- 
I asked first, in the early part of the conversation, what the complaint 
was that I heard had been registered and who made it. 

He said, well, all he could say was that there had been a complaint 
that they had interfered in some way with the picket line. I never- 
learned who made the complaint. 

I said to him, "Sheriff Gourley, anyone w^ho says those men have 
had anything to do wnth that picket line at all, they are lying." He 
said, "Well, I can't help that, but w^e can't afford to have any trouble 
with these unions." He said, "A couple of years ago, during the rail 
strike, our office was severely criticized for some things that went on 
and we are just not going to take any part in these labor troubles." 

I said, "Sheriff Gourley, I am not asking you to take any part in it. 
All I want is some guard service, and if you can't furnish it maybe I 
will have to make other arrangements. But I want to reiterate that 
I did not employ them or they were there strictly under my personal in- 
structions to protect the property of Wilson Trucking Co. and that 
is all." 

I hung up and I called Lieutenant Mozier back and told him that the 
sheriff had not given in and that I would have to make some other ar- 
rangements. Lieutenant Mozier agreed to assist me in getting other 
guards and getting them, maybe, out of the ranks of constables in the- 
county over which the sheriff's office had no control. 

I thanked him and told him that I thought I liad a guard service- 
organized within our supervisory personnel and that if I needed him 
I would call him bade, which I did not. 

Mr. Kennedy. So the sheriff', in other words, told you that you could' 
not have guards to protect your property because there was a labor- 
union involved ; is that right ? 



IMPROPER ACTTIVITIES IN THE LABOR FIELD 7323 

Mr. Comer. Well, he didn't say that because the labor union was 
involved ; he just said 

Mr. Kennedy. Because there was a labor dispute ? 

Mr. Comer. Yes; that is right, and he couldn't afford to have any 
troubles with the unions. 

Mr. IvENNEDY. That is all. 

Senator McNamara. I see you referred to this organization as the 
Belle Meade patrol, and the previous witness referred to it as the Belle 
Meade Police Department. What is the official name ; do you know ? 

Mr. Comer. I believe it is now the Belle Meade Police Department 
and I believe when it was originally organized it was known as the 
Belle Meade patrol. 

Senator McNamara. How large is this community, Belle Meade? 
What is the approximate population ? 

Mr. Comer. I don't know. It is really a part of Nashville. It is 
incorporated at this time ; but, actually, I couldn't say. 

Senator McNamara. It is actually part of Nashville ? 

Mr. Comer. It is one of the principal residential areas. 

Senator McNamara. Of Nashville ? 

Mr. Comer. Yes, sir, of Nashville. 

Senator McNamara. Then, is it normally covered by the Nashville 
Police Department ? 

Mr. Comer. No, it is outside the city limits. 

Senator McNamara. They have no police department of their own? 

Mr. Comer. No, other than this Belle Meade patrol. 

Senator McNamara. Which is a private organization ? 

Mr. Comer. Yes. 

Senator McNamara. So they depend totally on the sheriff's office for 
police protection ? 

Mr. Comer. Well, this area depends to some extent on the sheriff's 
■office, those who don't subscribe to this privately operated organization. 

Senator McNamara. If you do not subscribe to this privately oper- 
ated patrol, or police force, then you are dependent upon the sheriff's 
office for police protection ? 

Mr. Comer. That is correct. 

Senator McNamara. Do you now have an agreement with the 
teamsters union ? 

Mr. Comer. Yes, sir. 

Senator McNamara. You are operating a union shop now ? 

Mr. Comer. Yes, sir. 

Senator McNamara. For all of your employees? Are all of the 
truckdrivers members of the teamsters union 'i 

Mr. Comer. Yes, sir. 

Senator McNamara. That is all. 

The Chairman. Thank you very much. Call the next witness. 

Mr. Kennedy. Mr. Gourley. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth and nothing but the truth, so help you God ? 

Mr. Gourley. I do. 



7324 IMPROPER ACnVITIES IN THE LABOR FIEILD 

TESTIMONY OF EVERETT E. GOURLEY 

The Chairman. State your name and your place of residence and 
your business or occupation. 

INIr. GouRi.EY. Everett E. Gourley, 2802 West Linden, Nashville, 
Tenn., and I sell automobiles, and also, I am coroner of Davidson 
County. 

The Chairman. Do you waive the right to counsel ? 

Mr. GouRLET. Yes, sir. 

The Chairman. Under your laws of the State of Tennessee, if the 
sheriff dies or the office of sheriff becomes vacant, does the coroner 
automatically succeed to that office as acting sheriff '^ 

Mr. Gourley. That is right. 

The Chairman. Proceed. 

Mr. Kennedy. Did you succeed to the office of acting sheriff" on 
March 23, 1956 ? 

Mr. Gourley. Yes, sir. 

Mr. Kennedy. You were sheriff then, or acting sheriff', in August 
of 1956 at the time of the difficulties between the teamsters and the 
Wilson Trucking Lines ? 

Mr. Gourley. That is right. 

Mr. Kennedy. Did you have some conversations with Lieutenant 
Mozier regarding the removal of the guards that had been stationed 
at the Wilson Truck Lines ? 

Mr. Gourley. I talked to someone out there and I don't remember 
who it was, before I talked to the chief. I talked to the chief about 
it later. 

Mr. Kennedy. Had you been approached by any teamster officials 
prior to that about removing the guards ? 

Mr. Gourley. No, sir. 

Mr. Kennedy. Did you tell Lieutenant Mozier that the guards 
must be removed ^ 

Mr. Gourley. Yes, sir. 

Mr. Kennedy. You told him that the guards were to be removed, 
is that right ? 

Mr. GouBLEY. Yes, sir. I don't think that I said "must," and I said 
I thought it would be a good idea. 

Mr. Kennedy. You said if they were not removed their commissions 
would be lifted ? 

Mr. Gourley. No, sir. 

Mr. Kennedy, You never had any conversation like that? 

Mr. Gourley. No, sir. 

Mr. Kennedy. The testimony to the contrary is not correct ? 

Mr. GouRixEY. I do not remember making that statement. 

Mr. Kennedy. Do you think that you might have made that state- 
ment ? 

Mr. Gourley. I could have, but I don't see where I would have be- 
cause it was not necessary to make a statement like that if they removed 
them. They usually cooperate on those things. 

Mr. Kennedy, You understood that they would be removed when 
you gave the instructions ? 

Mr. Gourley. That is right. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7325 

Mv. Kennedy. But you say that prior to tlie time that you ordered 
their removal, that you had not had any conversations with the 
teamsters officials ? 

Mv. GoFRLEY. No, sir. 

Mv. Kennedy. For what reason did you order their removal? 

Mv. GouRLEY. I just thought we were supposed to be — there had 
been no violence out there and we were the law-enforcing group in 
Davidson County and we had not heard from anyone in the Wilson 
Trucking Co. about there being any violence and I just thought that 
we would be better off and everybody would be better oft' or concerned 
in not having anyone go. 

I knew we were within 3 minutes and we had men patrolling that 
place all of the time in a car, uniformed men, and I figured that would 
really have more effect than men in civilian clothes, anyway. 

Tlie Chairman. Did you call them oft* from other places? They 
had the Belle ]\Ieade Police Department or agency out there serving a 
lot of people. They had deputy sherift' commissions. 

Mr. GouRLEY. That is right. 

The Chairman. They were assigning them around to serve people 
wherever people wanted that service. Did you call them off anywhere 
else ? 

:Mr. GouRLEY. No, sir ; I did not know there was any others going on 
like that. 

The Chairman. You knew what that department does out there? 

Mr. GouRLEY. They had permission to patrol Belle Meade and 
look after homes and residences out there. 

The Chairman. And property, that is the same thing as looking 
after a home, or looking after any other business, the same thing as 
looking after this property, was it not? There was not a bit of 
difference? 

Mr. GoFRLEY. It is probably under the same category. 

The Chairman. But you called the others off' ? 

Mr. GouRLEY. No, sir. 

The Chairman. Why did you single out this one and call it off ? 

Mr. GoFRLEY. I just tliought it was the best thing to do. 

The Chairman. Why did you think it ? 

Mr. GoFRLEY. That was my better judgment. 

The Chairman. That was your better judgment ? 

Mr. GoFRLEY. Yes, sir. 

The Chairman, Wliat was your worst ? You knew you called them 
off to appease somebody, and who was it ? 

Mr. GoFRLEY, No, sir ; I did not. There was no one approached me 
on it at all. 

The Chairman, No one at all ? 

Mr. GoFELEY. No, sir. 

The Chairman, How did you find out the guards were out there ? 

Mr, GoFRLEY, There were a couple of deputies that went out to this 
place, and I suppose they talked to someone, and th.ey called me about 
that night and asked me to come out there, and I went out and sat 
across the street about 30 minutes and watched them, and there was no 
violence and nothing going on wrong, and I just tliought — — 



7326 IMPROPER ACTIVITIES IN THE LABOR FIELD 

The Chairman. There is no violence out here on this street right 
now, and do you think the police ought to be called off ? That makes 
sense, does it not ? It is about the silliest thing I ever heard. 

Proceed, Mr. Kennedy. 

Mr. Kennedy. According to the affidavit that we have from Mr. 
Lucarini, you told him that teamster officials had been on your neck to 
get these people out there and get these guards out of there. 

Mr. GouRLEY. I don't remember making that statement. 

Mr. Kennedy. According to Mr. Mozier, who also testified, he 
testified to the same thing, and Mr. Comer testified to the same thing, 
and these are three different witnesses who all testified to the fact that 
you reported to them that there was pressure on you to get these people 
out of there and get these guards out of there. 

Mr. GouRLEY. I don't remember making that statement. 

Mr. Kennedy. You made it, evidently, according to their sworn 
testimony and the sworn affidavit ; you made it to three different indi- 
viduals. You had a lot of trouble in that area, had you not ? 

Mr, GouRLEY. No, sir. 

Mr. Kennedy. You had not had a lot of trouble in Nashville area ? 

Mr. GouRLEY. Not while I was there. 

Mr. Kennedy. You had only been acting sheriff for a couple of 
months ? 

Mr. GouRLEY. That is right. 

Mr. Kennedy. Hadn't you had a lot of trouble in that area with 
the teamster violence ? 

Mr. Gourley. I was not familiar with it. 

Mr. Kennedy. What is that ? 

Mr. GouRLEY. I was not familiar with it. 

Mr. Kennedy. You were not familiar with it and you were acting 
sheriff and you did not know what trouble or difficulties they were 
having there ? 

Mr. GouRLEY. They were not having any when I was there. 

Mr. Kennedy. But you had only been sheriff for 2 months? 

Mr. Gourley. That is the reason I was not familiar with it. 

Mr. Kennedy. You did not find out what was going on there, Mr. 
<jourley? You did not find out what had transpired in the past? 

Mr. Gourley. That is the reason I didn't think there was any use 
of those men going out there. 

Mr. Kennedy. You just closed your eyes prior to the time that you 
took office as sheriff ; is that right ? 

Mr. Gourley. No. 

Mr. Kennedy. Look at all of these acts of violence that took place 
in 1953, 1954, and 1955 to the middle of 1956. There were more than 
100 in the Nashville area. You did not know anything about it? 

Mr. Gourley. I did not know anything going on in 1956. I knew 
about the others. There wasn't any strike going on or any trouble 
when I was in there. 

Mr. Kennedy. You say you took over as acting sheriff and you 
did not know about any of the acts of violence, although there had 
been more than 100 in the prior 2 years, in the Nashville area, and you 
did not know anything about that? And despite the testimony of 
two witnesses and an affidavit of a third, that you took these guards 
off because of union pressure, you deny that, too ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7327 

Mr. GouRLEY. I don't remember making that statement. It could 
have been made in a conversation and not from the fact. I had not 
had any pressure but I might have been anticipating some. 

Mr. Kennedy. Why would you anticipate some ? 

Mr. GouRLEY. There could have been some, like I had read about 
m the past. 

Mr. Kennedy. What is that ? 

Mr. GouRLEY. The teamsters union, there could have been some 
violence brought up and I was just working at what I thought was 
the best thing to do. 

Mr. Kennedy. It does not make any sense at all. 

Senator Curtis. Do you know Perry Canaday ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Did you ever see him in your life ? 

Mr. GouRLEY. Not that I know of. 

Senator Curtis. Did you ever talk to him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Did you ever receive a letter from him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Did you ever have a telephone conversation with 
him? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Do you know Bobby Marston ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never have seen him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never have had a talk with him by telephone or 
otherwise ? 

Mr. GouRLEY. No. 

Senator Curtis. Do you know Sam Peters ? 

Mr. GouELEY. No, sir. 

Senator Curtis. You never have seen him or heard of him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never received a telephone conversation from 
him? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Do you know C. B. Richardson, sometimes known 
as Shorty Richardson ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never have seen him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never have talked to him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never had a telephone conversation with him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Do you know Mr. Ed Smith ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Do you know what office he holds in the local 
teamsters union ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never have talked to him ? 

Mr. GouRLEY. No, sir. 



7328 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Senator Ctjrtis. You never have received any communication from 
him whatsoever ? 

Mr. GouRLEY. No, sir. 

Senator Cuktis. Do you know Mr. W. A. Smith ? 

Mr. GouELEY, No, sir. 

Senator Curtis. Do you know a Smith referred to as "Hard of 
Hearing Smitty" ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Did you ever hear of him ? 

Mr. GouRLEY. I have seen in the papers in the last few days, I have 
read something about him. 

Senator Curtis. You have never seen him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You never have had a conversation with him ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. By telephone or otherwise ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Do you know Mr. Kalf G. Vaughn, also known as 
"Red" Vaughn? 

Mr. GouRLEY'. I believe I met him downstairs a few minutes ago. 
I met someone down there. I believe that was his name. 

Senator Curtis. You talked with somebody downstairs ? 

Mr. GouRLEY. Just in the office down there and someone introduced 
me to him. 

Senator Curtis. T\^io introduced him to you ? 

Mr. GouRLEY. I believe Mr. Cartwright. No ; I think he came up 
and talked with me and I think Mr. McShane was there when he 
came in. I think that was the man. 

Senator Curtis. That was Sheriff Cartwright who introduced you? 

]Mr. GouRLEY'. I don't know whether he came up. He came up 
and shook hands with both of us and I didn't know who the man was 
at the time. 

Senator Curtis. That was in the committee office downstairs? 

Mr. GouRLEY. That is right. 

Senator Curtis. The sheriff introduced you to "Red" Vaughn? 

Mr. GouRLEY. No; I don't think he introduced him. He ]ust came 
up and shook hands with me and he told me when he was gone, that 
that was his name. 

Senator Curtis. Had you ever seen him before ? 

Mr. GouRLEY'. Not to my knowledge ; no, sir. 

Senator Curtis. Did you ever talk to him on the telephone? 

Mr. Gourley^ No, sir. 

Senator Curtis. You never received any communication from him 
whatsoever? 

Mr. Gourley. No, sir. 

Senator Curtis. Do you know Mr. Don Vestal ? 

Mr. Gourley. No, sir. 

Senator Curtis. You never have seen him ? 

Mr. Gourley. No, sir. 

Senator Curtis. You never received a letter from him or a tele- 
phone conversation ? 

Mr. Gourley. No, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7329 

Senator Curtis. Do you know Mr. H. G. B. King, the attorney for 
the teamsters union ? 

Mr. GouRLEY. What is that name again ? 

Senator Curtis. H. G. B. King. 

Mr. GouRLEY. No, sir. 

Senator Curtis Do you know any officers, agents or employees of 
the teamsters union in the Nashville area ? 

Mr. GouRLEY. I don't believe I know a one of them; no, sir. 

Senator Curtis. With whom did you talk about this matter of 
guards at the Wilson Trucking Co., before you proceeded to have the 
guards withdrawn ? 

Mr. GouRLEY. There were two deputies that worked with the 
sheriff's office who were out at this place, and they were the only ones 
I talked to. 

Senator Curtis. What were their names? 

Mr. GouRLEY. One of them was Thompson and the other was John- 
son. 

Senator Curtis. "Wliat is Thompson's first name ? 

Mr. GouRLEY. George Thompson. 

Senator Curtis. Wliere does he reside ? 

Mr. GoTiTtLEY. He lives in Nashville. He works out of the sheriff's 
office there. 

Senator Curtis. He is still employed there ? 

Mr. GouRLEY. I believe so. 

Senator Curtis. What is Johnson's first name ? 

Mr. GouRLEY. I believe it is L. E. Johnson, 

Senator Curtis. Who else did you talk to about it ? 

Mr. GouRLEY. No one. 

Senator Curtis. Before you withdrew the guards. 

Mr. GouREEY. No one. 

Senator Curtis. Did anyone talk to you about it ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. Did you receive any telephone conversation from 
anyone with reference to this matter, prior to the time that you called 
them off? 

Mr. GouRLEY. No, sir. 

Senator Cltrtis. Did you ever tell anybody that the teamsters 
union Avanted them called off ? 

Mr. GouRLEY. No, sir. 

Senator Curtis. You did not tell Mr. Mozier that? 

Mr. GouRLEY. I don't remember making that statement. He seems 
to think that I did, and I could have. 

Senator Cltitis. He says that you did. 

Mr. GouRLEY. I don't remember making that statement and I don't 
know why I should because I certainly had not had any contact with 
them. 

Senator CtTtTis. Did you make that statement to Mr. Lucarini ? 

Mr. GouRLEY. Not that I know of. I don't remember if I did. 

Senator Curtis. Did you make it to Mr. Comer? 

Mr. GouRLEY. I still don't remember making it to anyone. I don't 
see why I should have because there wasn't anyone who put any 
pressure on me about it. 

Senator Curtis. When you say you do not remember whether you 
did or not, does that mean that you might have ? 



7330 EVIPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. GouRLEY. It could have happened, but I certainly don't re- 
member it and I don't know why I should. I hate to see three men 
saying I did. If I did, I certainly don't remember it. 

Senator Curtis. Do you mean to leave the impression that you 
might have and you can't remember ? 

Mr. GouELEY. I would rather not leave that impression; no, sir. 

Senator Curtis. What is that ? 

Mr. GouRLEY. I would rather not leave that impression. 

Senator Curtis. In other words, you are standing on the state- 
ment that the teamsters did not request or urge or insinuate ? 

Mr. GouRLEY. Absolutely, yes, sir. 

Senator Curtis. That those guards should be removed ? 

Mr. GouRLEY. Yes, sir. 

Senator Curtis. You think all three of these men are mistaken ? 

Mr. GouRLEY. Sir ? 

Senator Curtis. You think all three of these men are mistaken? 

Mr. GouRLEY. Well, I know they are mistaken, from my point of 
view. It did not happen, and I don't know why I should have said 
that. 

Senator Curtis. You realize they have said it under oath ? 

Mr. GouRLEY. Yes, sir. 

Senator Curtis. That is all. 

Senator McNamara. How long have you been coroner ? 

Mr. GouRLEY. Since the first part of 1955. 

Senator McNamara. About 2 years ? 

Mr. GouRLEY. Yes, sir. 

Senator McNamara. Is this an elected office in your area? 

Mr. GouRLEY. No, sir; it is an election from the county court and! 
the county court elects the coroner. 

Senator McNamara. You are elected by the county court ? 

Mr. GouRLEY. Yes, sir, the county court; you are elected to the 
county court by popular vote and the coimty court selects the coroner. 

Senator McNamara. How many people enter into this selection? 

Mr. GouRLEY. About 52 in the county. 

Senator McNamara. They got together and elected you coroner? 

Mr. GouRLEY. Well, I would not say "got together." They called 
a meeting and they had to elect someone, and so they selected me. 

Senator McNamara. This was not an appointive job? You are 
actually elected by this group ? 

Mr. GouRLEY. That is right. 

Senator McNamara. Does your authority cover the city of Nash- 
ville? 

Mr. GouRLEY. It is Davidson County ; yes, sir. 

Senator McNamara. You cover the entire county ? 

Mr. GouRLEY. Yes, sir. 

Senator McNamara. And that includes the city of Nashville? 

Mr. GouRLEY. Yes, sir. 

Senator McNamara. We have had some testimony here that the 
police department in the city of Nashville seemed to break down in 
many instances, particularly in reference to matters involving vio- 
lence in labor disputes. Is it your impression that they did break 
down? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7331 

Mr. GouRLEY. I wouldn't know, sir. 

Senator McNamara. Well now 

Mr. GouRLEY. I don't know what you mean. 

Senator McNamara. You are the sheriff and this area is under your 
-control and under your authority and you should know. 

Mr, GouRLEY. That was at that time, from March through August 
of 1956. 

Senator McNamara. You do not know whether the local police 
authority broke down or not ? 

Mr. GouRLEY. During tiiat particular period, as I remember it, 
there was very little happening in tlie union affairs or teamster union 
things. 

Senator McNamara. You think it functioned properly, the police 
-department in Nashville, that was under your jurisdiction in the 
area ? 

Mr. GouRLEY. The whole county was under the sheriff. However, 
the city usually rim their part of it, and the sheriff runs the county 
and they did not interfere with each other as a rule. 

Senator McNamara. They do not interfere, but the theory of it, at 
least, is when the local police department breaks down, you are sup- 
posed to take over ; is that not right ? 

Mr. GouRLEY. Yes. 

Senator McNamara. But you did not feel that it broke down to 
that extent ? 

Mr. GouRLEY. No, sir. 

Senator McNamara. You had no indication to move in there at all ? 

Mr. GouRiiEY. No, sir. 

Senator McNamara. All right ; that is all. 

Senator Curtis. How many members are on there, on the county 
court? 

Mr. GouRLET. Fifty-two, I believe. 

Senator Curtis. Do you know most of them ? 

Mr. GouRLEY. Yes, I know them all. 

Senator Curtis. And they are elected ? 

Mr. GouRLEY. Yes, sir. 

Senator Curtis. Are they elected by districts or by the entire 
county ? 

Mr. GouRLEY. Districts. 

Senator Curtis. Did you ever have a conversation with any member 
of the county court in reference to any matter relating to the team- 
sters union ? 

Mr. GouRLEY. No, sir. 

]Mr. Kennedy. Was there a policy in the sheriff's office not to get 
involved in labor disputes ? 

Mr. GouRLEY. Well, I believe so, yes, sir. 

Mr. Kennedy. And would that be the reason that these guards 
were removed? 

Mr. Gourley. I guess that would be about as good a reason as I 
could think of. 

Mr. Kennedy. Well, isn't that the reason ? 

Mr. Gourley. I would think so, yes, sir. 

The Chairman. Stand aside. 

Call the next one. 



7332 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Mr. Cartwright. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth and nothing but the truth, so help you God ? 

Mr. Cartright. I do. 

TESTIMONY OF TOM D. CARTWRIGHT 

The Chairman. State your name and your place of residence and 
your business or occupation. 

Mr. Cartwright. My name is Tom B. Cartwright ; I am sheriff of 
Davidson County and I reside on Cleary Eoad, Davidson County. 

The Chairman. Do you waive counsel ? 

Mr. Cartwright. Yes, sir. 

The Chairman. I did not get your occupation. 

Mr. Cartwright. I am sheriff. 

Mr. Kennedy. Mr. Chairman, I would like to say before we start 
the interrogation of this witness that his reputation is very good 
in the Nashville area. 

You just took over as sheriff, I believe, during 1956, is that right? 

Mr. Cartwright. September of 1956, yes. 

Mr. Kennedy. You have been only in for a period of approximately 
a year, is that right ? 

Mr. Cartwright. That is right. 

Mr. Kennedy. He has cooperated with the staff of the committee. 

The Chairman. The committee expresses its appreciation to you, 
sir, for your cooperation and the help you have given. 

Mr. Kennedy. I want to ask you about the policy of the sheriff's 
office regarding labor disputes, but specifically as far as the Belle 
Meade Police Department. Was there any policy regarding their fur- 
nishing guards to firms or companies that were involved in labor 
disputes ? Has there been a policy ? 

Mr. Cartwright. Yes, sir, there was a policy of my father who 
I succeeded as sheriff when he expired, and that was to the effect to 
not interfere in any labor difficulties unless there was violence. When 
I campaigned for office, not only when I addressed labor groups, 
but also management groups, I stated the same policy. 

So far, it has been a pretty good one, since my term of office. We 
haven't had any labor violence to speak of, as far as picket lines and 
things of tliat nature. 

Mr. Kennedy. But if a company wishes guards furnislied to them 
because of the fact that they anticipate difficulties or anticipate vio- 
lence, it has been the policy that you have followed, and the policy 
that was followed by your predecessors, that you would not get in- 
volved, is that right ? 

Mr. Cartwright. That is correct. If they asked for guards before 
any labor violence, or strikes, rather, or anything like that, of course 
it was granted. After the deputies were on the premises, if there 
should be labor trouble, we didn't — at least, I don't yank them off 
right then. 

Mr. Kennedy. You have had a great deal of difficulty in the 
Nashville area, have you not, in the last 3 or 4 years regarding labor 
violences ? 

Mr. Cartwright. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7333 

Mr. Kennedy. Would you feel that possibly a good deal of that 
could have been avoided 'if there had been greater police protection 
for the firms, companies, individuals involved ? 

Mr. Cartwkight. It might have been avoided, but by the same 
token, I think possibly it might have encouraged more also. 

Mr. Kennedy. What is the main reason, the primary reason, that 
you do not furnish protection when labor unions are involved? 

Mr. Cartwrigiit. Possibly, you might say, self-preservation. I 
don't know. 

Mr. Kennedy. Is that another word for politics ? 

Mr. Cartwrigiit. Tliat would be one reason, yes, sir, and tlie other 
reason would be for financial reasons. Any deputy sheriff, his actions, 
of course, tlie sheriff is responsible for them. Even now I have three 
law suits against me because of some actions of a deputy sheriff. 

Mr. Kennedy. That would be a problem no matter what you did, 
whether it was involving a labor union or otherwise ? 

Mr. Cartwright. Yes, sir. 

Mr. Kennedy. So that difficulty would always exist ? 

Mr. Cartwright. That is right. 

Mr. Kennedy. Would the primary reason be because of the politi- 
cal difficulties ? 

Mr. Cartwright. Up to a point, yes, sir. 

Mr. Kennedy. If there was actual violence, then that would be 
secondary ? 

Mr. Cartwright. If there was actual violence, regardless of polit- 
ical reasons or anything else, we would have to step in. I might say, 
too, that we found this to be successful, we, meaning myself : When 
there is a picket line, I send a lieutenant on each of my shifts to go out 
and talk to pickets themselves and explain to them what we expect 
and what we want. So far we have had very good cooperation. 

Mr. Kennedy. That might have been true, of course, since you have 
taken over. 

Mr. Cartwright. That is all I can speak of. 

Mr. Kennedy. But if the same type of policy was followed by your 
predecessors for 3 or 4 years, it was not successful, because certainly 
the record shows there was tremendous violence, with beatings, dyna- 
mitings that have taken place in the Nashville area. It would seem 
that a good deal of responsibility is the law enforcement agency. 

Mr. Cartw^right. There is one thing that I would like to sort of 
bring out that possibly a lot of people have overlooked. We have 
about 10 times greater an area in the county than in the city and we 
also have a larger population. We have about 14 or 15 men on a 
shift. Our patrol is 60 men, and that includes everyone. The city 
has approximately 360. We are sort of handicapped, not only on 
manpower, but on experience, too. 

Mr, Kennedy. Well, of course, the primary responsibility, as you 
point out, is the police department of the city. 

Mr. Cartwright. The city, do you mean ? 

Mr. Kennedy. Within the city limits, certainly the primary respon- 
sibility is the police department rather than the sheriff's office. 

Mr. Cartwright. We have to do that almost because of physical 
reasons. 

Mr. Kennedy. That is all, Mr. Chairman. 



7334 IMPROPER ACTIVITIES IN THE LABOR FIEILD 

The Chairman. Are there any questions ? 

All right, you may stand aside. Thank you. 

The committee will stand in recess until 2 o'clock. 

(Members of the select committee present at time of recess: Sen- 
ators McClellan, McNamara, and Curtis, ) 

(Whereupon at 12 :05 p. m., the committee recessed to reconvene 
at2p. m.,of thesameday. ) 

AFTERNOON SESSION 

The Chairman. The committee will be in order. 

(Committee members present upon reconvening for the afternoon 
session ; Senatoi*s McClellan and McNamara.) 

Mr. Kennedy. Mr. Chairman, we have some representatives here 
from the municipality of Knoxville that requested permission to tes- 
tify. They are here in the room. I would like to call them. 

The Chairman. Are those the two who requested yesterday? 

Mr. Kennedy. That is correct. 

The Chairman. Have them come forward. 

All of you come iq? and be sworn, please. 

Do you and each of you solemnly swear that the evidence you shall 
give before this Senate select committee will be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Kjmsey. I do. 

Mr. Swanner. I do. 

Mr. Dyke. I do. 

TESTIMONY OF JOSEPH KIMSEY, W. D. SWANNEE, AND ELMEE 

DYKE 

The Chairman. Gentlemen, each of you state your name, your place 
of residence, and business or occupation for the record. 

Mr. Dyke. Elmer Dyke, deputy police, Knoxville, Tenn. 

Mr. Swanner. W. D. Swanner, lieutenant of police, Knoxville, 
Tenn. 

Mr. Kimsey. Joseph Kimsey, chief of police, Knoxville, Tenn. 

The Chairman. Gentlemen, you are appearing here by request, is 
that correct ? 

Mr. IviMSEY. I am by request ; yes, sir. 

The Chairman. I mean at your request. 

Mr. Kimsey. My director asked me to come up here. My director 
asked me to, the police commissioner. 

The Chairman. You have not been subpenaed ? 

Mr. Kimsey. No, sir. 

The Chairman. Your presence was not requested by the committee. 
You are, therefore, a voluntary witness before this committee. 

Mr. Kimsey. Yes, sir ; I am. 

The Chairman. Is that correct ? 

Mr. Kimsey. Yes, sir. 

The Chairman. You are appearing voluntarily before the com- 
mittee ? 

Mr. Dyke. Yes, sir. 

The Chairman. Under the rules of this committee, if one is ag- 
grieved by testimony that may have been given that he thinks may 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7335 

reflect upon him, lie has the right to request to appear and make a 
statement under oath to the committee. These gentlemen, as I under- 
stand it, are on the police force in Knoxville, Tenn. We have had 
some testimony before this committee that in my judgment, if true, 
would reflect upon the efficiency and effectiveness of that police force. 

So, gentlemen, the committee is very glad to welcome you. We will 
hear whatever you may wish to say. "W^e will proceed. 

Which one is the senior ? 

Mr. KiMSEY. I am, sir. 

The Chairman. You are who ? 

Mr. KiMSEY. Joe Kimsey. 

The Chairman. All right; we will hear you first, Mr. Kimsey. 

Mr. Kimsey. Gentlemen, the way I understood it was that we had 
heard some reflection from some witnesses up here in regard to our 
investigating some cases of labor trouble in Knoxville. I just won- 
dered if there was anything we could help you do, or any questions 
that I might be able to answer. I brought two men with me that were 
responsible for the investigation, who are immediately in charge 
of the investigation. One of them is under the chief of detectives, 
who is not here. I just wondered if there is anything you would 
like to ask me, as chief of police, or the other two gentlemen, that 
we might be able to help you on. 

The Chairman. Is that the statement you wish to make? 

Mr. Kimsey. Yes, sir. 

The Chairman. Thank you very much. 

AVliat is your statement ? 

Mr. SwANNER. Senator, I noticed in the paper that there was some 
question as to why William Reynolds, of the Knoxville teamsters, 
was not arrested or questioned, or something to that effect. I want 
to offer this as our reason for not doing so. 

First of all, the only evidence that we obtained that Mr. Reynolds 
was connected in any way with this thing w^as the fact that he was 
an agent or an official in the teamsters union, and he appeared at 
Mr. Powers' store the day before, I believe it was, and after a load 
of Coca-Cola had been delivered there. The conversation that Mr. 
Powers told me that passed between the two of them was that Mr. 
Reynolds told him that he was Reynolds of the teamsters, and that 
the teamsters were on strike, and requested or told him not to take 
Coca-Colas. So Mr. Powers said that he was somewhat upset about 
it, and became angry, and he said he told him he didn't need anybody 
to tell him what he could put in his store. 

Then Mr. Reynolds, according to Mr. Powers, said, "Well, now, 
you may be sorry for that." In substance, that is what he said, or, 
"We will get even," or something to that effect. 

I asked Mr. Powers; I said, "Well, sir, do you consider that a 
threat?" To which Mr. Powers said, "I don't know whether he 
meant it for a threat or whether he intended it to mean that some 
of the people in the neighborhood might stop trading with my store." 

So this, as I said, was the evidence that we had that Mr. Reynolds 
was connected, if there was any connection, with the blast. 

The reason we didn't arrest Reynolds and question him was because 
of this fact. We had no other evidence at that time to connect him 
with the blast. We had no one, a witness or othei-wise, who saw him 

89330— 58— pt. 18 19 



7336 IMPROPER ACnVITIEIS EST THE LABOR FIEIiD 

at the scene. At least, we never found any such witness. So, we 
thought it was better not to apprehend Mr. Keynolds or to intervene 
at that time, because we wouldn't have had anything to talk to him 
about. 

Just the fact that we brought him down to question him, we could 
only ask him, "Did you talk to Mr. Powers," and "Where were you on 
the night of the blast?" 

In investigative procedure, you have to have more than that to ques- 
tion a person. That is, if you do a good job of it. If you want to 
lead him to believe, you have to have something to put before him. 
In other words, if he was in the vicinity, if he was carrying a package, 
or someone got his license number, if those things could be placed 
before him, then he realizes that we do have evidence and perhaps we 
will get information that way. That was one reason. 

The other reason was that I went to the attorney general of Knox 
County, Mr. Hal Clements, and I explained to him about the wit- 
nesses, Hargis and Chapman, and what they told me. He called the 
attorney general in Nashville and tried to arrange for us to go over 
with these witnesses to interview Mr. Smith and the other man. Bel- 
cher. But, some way or other, that didn't work out. 

Then, later, I talked with tlie special prosecutor that was hired in 
the case, a prominent Knoxville lawyer, and arranged for these wit- 
nesses, Hargis and Chapman, to be there in his office. Mr. Hargis 
came up to his office and the special prosecutor questioned him and 
talked with him for about 35 or 40 minutes, maybe longer. Then I 
told the special prosecutor what ISIr. Chapman had said, in asmuch as 
Mr. Chapman was not there himself. 

With the information I furnished him, I later asked if he thought 
we had enough to make an arrest, and he said he didn't think so. 

That is, in substance, why, at this time — we kept hoping that with 
$14,000 reward posted, I believe that was the amount, though it kept 
increasing — this started out with $5,000, I believe, and they kept 
upping it until they got up to $14,000. I believe, in total — we hoped 
that that would bring in some witness or someone that could connect 
the thing, put in the final link that we needed, which never appeared. 
We never found that witness. 

Also, I might say in that connection that we had telephone calls. 
Apparently someone was anticipating who we M^ere going to talk to 
and they would call in advance and have some conversation with the 
person. Of course, they were anonymous calls. They would never 
tell who they were. They would advise them not to talk to the police 
department. So we had difficulties like that. I don't know how many 
cases like that happened, but we certainly had one that I know of, and 
there may be others that people never told us about. But, in sub- 
stance, that is why Mr. Reynolds was never brouglit in. 

Of course, the other reason was if we had brought him in, and had 
to release him without charges, there was the possibility of civil action 
in the way of false imprisonment which might have resulted, in which 
case the officer would have had to foot the bill. The city does not 
supply funds for suits of that kind. In the event we would have won 
the case, we would still have had to hire lawyers, and court reporters, 
and transcripts and so forth, and then possibly appeals through the 
court of appeals and the Supreme Court. That was the other reason. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7337 

With regard to Mrs. Freels, who was, I believe, a stenographer at 
the teamsters union, we interviewed her, Captain Harry Pluskison 
and Mr. George Hunter, of the Purity Packing Co., and myself. I 
asked Mrs. Freels if she was willing to testify as to what she knew 
about it, and she said she was not, that she didn't want to get mixed 
up in it. So we played on her. We told her that there was this large 
reward, and that it would well compensate for the trouble we knew 
she had to go to, but she still insisted she didn't want to be mixed 
up in it. 

Then I said to her, I said, "Mrs. Freels, if you won't tell us, if you 
won't be a witness, will you talk to us confidentially, on a confidential 
basis" hoping, of course, that we would obtain some information that 
way which would lead us to something else. 

She said, "I will, on a confidential basis." 

She did. She told us about Keynolds and Mr. Payne discussing 
some dynamite. I believe Payne asked Keynolds what he got that 
$50 for, and Reynolds said, "You must be losing your mind, or you 
can't remember anything. That was for that dynamite I bought." 
That was about the substance of what Mrs. Freels said. 

The Chairman. Did she tell you about him calling Smith and get- 
ting him down there ? 

Mr. SwANNER. I beg your pardon, sir ? 

The Chairman. Did she tell you about them calling Smith up in 
Nashville and getting him down there ? 

Mr. SwANNER. She said that Smith and Reynolds both, when they 
had a job in Knoxville, Smith would come over to Knoxville. She 
didn't know whether he did the job or not, of course. But she said 
he would show up around Knoxville. 

The Chairman. But the job was always done? 

Mr. SwANNER. The job was nearly always done. 

Mr. Kennedy. Did she refuse to testify or just say that she didn't 
want to testify ? She didn't actually refuse to testify ? 

Mr. SwANNER. She told me at the time, she said, "I am sick." I be- 
lieve she said she had been in the hospital. I am not positive, but she 
said she was ill, and was just recuperating, and wasn't feeling very 
well. 

As I recall, she said, "I don't want to get mixed up in it." That was 
the words she said. 

The Chairman. Do you always excuse witnesses when they say they 
would rather not testify ? Is that all it takes ? 

Mr. Swanner. No, sir. But she wouldn't talk. She told us she 
wouldn't. 

(At this point Senator Curtis entered the hearing room.) 

The Chairman. A witness may say they won't talk, but you have 
ways of subpenaing them before a grand jury, don't you, and giving 
them an opportunity to talk there or being subpenaed before a court? 

Mr. Swanner. Yes, sir. But I thouglit she would give us some 
leads or something. 

The Chairman. She did give you some leads ? 

Mr. Swanner. That is true. 

The Chairman. Did you check up on the dynamite ? 

Mr. Swanner. Yes, sir. 

The Chairman. Where did he buy it ? 



7338 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. SwANNER. I don't know. 
The Chairman. Where did you check ? 

Mr. SwANNER. The dynamite we thought was 60 percent nitro 
manufactured by Austin. We based that on the conclusion of evi- 
dence we found at Bush Bros. Packing Co. at Chestnut Hill, Tenn., 
where there was 50 sticks of dynamite that failed to explode. 
The Chairman. When did this dynamiting occur? 
Mr. SwANNER. Chestnut Hills ? That was September 1, 1956. 
The Chairman. Is that the dynamiting of Powers' store, September 
1,1956? 

Mr. SwANNER. No, sir. That was the Bush Bros. Canning Co. at 
Chestnut Hill, Tenn. 

The Chairman. When was the store dynamited ? 
Mr. SwANNER. The 6th of September. 
The Chairman. The 6th of September 1956 ? 
Mr. SwANNER. Yes, sir. 

The Chairman. How many grand juries have you had in session 
since then ? 

Mr. SwANNER. I don't recall, sir. I believe there are three sessions 
during the term. 

The Chairman. Sir? 

Mr. SwANNER. I believe they have three sessions of the grand jury 
in each year— calendar year. 

The Chairman. Well, you had at least three grand juries since 
then, haven't you ? 

Mr. Swanner. Yes, sir. 

The Chairman. Have you ever had Smith before the grand jury 
to explain what he was doing down there at that time ? 

Mr. Swanner. I presented that, sir, to the attorney general. He 
would have the authority to bring Smith in, or subpena him. 

The Chairman. Then who do you blame for not doing it? The 
attorney general ? 

Mr. Swanner. No, sir. I don't blame anyone. 
The Chairman. You think it is all right ? 
Mr. Swanner. I did my job the best I could, I thought. 
The Chairman. All right. 
Do you have a statement ? 

Mr. Dyke. Yes, sir. My statement is in regard to the bombing of 
Powers. 

Mr. Kennedy. Before you proceed, I have another question. 
Did you write up Mrs. Freels' interview ? 

Mr. Swanner. She wouldn't sign any statement. I took down 
some notes. 

Mr. Kennedy. Did you ever make a memorandum for the file? 
Mr. Swanner. No ; 1 did not. 

Mr. Kennedy. So the information which she gave you which might 
pertain to cases other policemen were working on was not available 
to them ? 

Mr. Swanner. She requested it be made confidential and that is the 
way I made it. 

Mr. Kennedy. Don't you have an arrangement in the police de- 
partment where you say the informant is confidential, but you give 
the information so that it is available to your fellow police officers? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7339 

Mr. SwANNER. No. Confidential information of that type I always 
keep with me in my own file. 

Mr. Kennedy. She didn't refuse to give it, did she ? She just said 
she would rather not get involved. She did not refuse ? 

Mr. SwANNER. She said she would rather not get involved. She 
said she was sick, didn't feel well, and she was scared. 

Mr. IvENNEDT. That was enough for you not to follow up or not 
even write a memorandum? 

Mr. SwANNER. I had a memorandum. 

Mr. Kennedy. Just for yourself ? 

Mr. SwANNER. Yes, sir. 

Mr. Kennedy. But nobody else ? 

Mr. Swanner. No, sir; because it was a confidential thing, and I 
treated it as such. 

Mr. Kennedy. W. A. Smith was identified by two people as being 
at the scene of the dynamiting just prior to the dynamiting taking 
place. Did you interview W. A. Smith ? 

Mr. Swanner. No, sir. We tried to make arrangement. As I said 
before, we went to the attorney general and presented the thing, and 
he tried through Mr. Carlton Loser, then attorney general of David- 
son County, to arrange a meeting, and such arrangement was never 
made. 

Mr. Kennedy. So for some reason down there, W. A. Smith, who 
was identified at the scene of the dynamiting, was never interviewed 
by any police official or law-enforcement agency? That is, in con- 
nection with this dynamiting. 

Mr. Swanner. Mr. Kennedy, he doesn't live in our political juris- 
diction. We live in Knox County. Davidson County is 198 miles 
west. Of course, we have no authority in Davidson County at all, no 
more than any private citizen. We had to rely on whatever lielp we 
could get from the Davidson County authorities. 

The Chairman. Did they refuse to help you ? 

Mr. Swanner. Sir, I can't answer that. I didn't talk to him. Mr. 
Clements, the attorney general, talked to them on the telephone long 
distance. 

The Chairman. You mean a man who goes from one county to 
another in Tennessee is just immune ? 

Mr. Swanner. No, sir. 

The (^HAiRMAN. I don't understand it. 

Mr. Swanner. I mean that in order to make an arrest, an officer 
in another county has to have a warrant. Some one has to swear out 
a warrant for him and transmit the warrant to that particular locality 
where the warrant can be served. 

Mr. Kennedy. Did you make any arrangements to have that done ? 

Mr. Swanner. I left it up to tlie attorney general. 

Mr. Kennedy. Do you think W. A. Smith should have been inter- 
viewed, that it should have been followed up ? 

Mr. Swanner. I think Smith should have been brought down and 
we should have had an opportunity for these witnesses to look at 
him. That is what we wanted to do. 

Mr. Kennedy. Do you think somebody made an error in judg- 
ment or something wors^ than that, by the fact that you were not 
allowed to follow up ? 



7340 IMPROPER ACTIVITIES I]Sr THE LABOR FIEILD 

Mr. SwANNER. I don't want to condemn anyone else for anything 
they do. 

Mr. Kennedy. There is something wrong in tlie handling of the case 
if you were not allowed to confront W. A. Smith; is that right? 
Would you say that is right ? 

Mr. SwANNER. I don't know what reasons they had in Davidson 
County because Attorney General Clements didn't know, I don't think. 

Mr. Kennedy. Somewhere there was an error made. Somebody 
did not follow up this matter completely, isn't that right? 

Mr. Swanner. As far as I am concerned, I think I did the best 
I could. 

Mr. Kennedy. I am not talking just about you. Isn't it true that 
somebody somewhere did not follow up this case as it should have 
been followed up ? 

Mr. Swanner. It seems that may have been true ; yes, sir. 

Mr. Kennedy. People in the store at the time Mr. Keynolds and 
Mr. Powers had this discussion, were the rest of the people in that 
store interviewed ? 

Mr. Swanner. I wish you would repeat that, sir. 

Mr. Kennedy. Were the people that were present in the store at 
the time Mr. Reynolds and Mr. Powers had this altercation inter- 
viewed ? 

Mr. Swanner. No. The only one I talked to about that was Mr. 
Powers, and he told me what happened. I had no reason in the world 
to doubt what he said. 

Mr. Kennedy. But anybody else that was present during this dis- 
cussion was not interviewed ; is that right ? 

Mr. Swanner. Not that I recall, sir. 

The Chairman. All right. Captain Dyke. 

Mr. Dyke. The only thing I would like to say is in regard to the 
night that Mr. Powers was bombed out there, dynamite thrown in 
front of it. I went out there with a crew of men, a squad of men, 
and saw Mr. Powers at the door. I asked him what had happened, 
and he wanted to Imow was my name Elmer Dyke. I told him "Yes," 
it was. He cursed and walked back in the store. He told me to get 
away from there. I followed him back in the store and tried to 
ask him again about the matter, and he cursed me viciously and 
ordered me to leave and take the officers with me. That is the kind of 
cooperation we got from Mr. Powers. 

Mr. Kennedy. Was that the end of the matter, or did he talk to 
those police officers at a later time. 

Mr. Dyke. He didn't talk to any police officer while I was there 
except Officer Lopetti and Officer Swanner. 

Mr. Kennedy. Did he talk to Officer Swanner ? 

Mr. Dyke. That I couldn't say. 

Mr. Kennedy. You don't know whether he was interviewed again 
later by Officer Swanner ? 

Mr. Dyke. I don't know anything about that. 

Mr. Kennedy. All he said was that he wouldn't talk to you ? 

Mr. Dyke. He ordered me personally from the premises. 

Mr. Kennedy. Possibly he would talk to other police officers or 
other police officials, but he would not talk to you; isn't that possible? 

Mr. Dyke. That may be so, but he ordered me to leave and take all 
my men. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7341 

Mr. Kennedy. Was there anything between you and Mr. Powers ? 

Mr. Dyke. As far as I was concerned there wasn't anything. I had 
arrested his son. 

Mr. Kennedy. You arrested his son ? 

Mr. Dyke. Yes, sir. 

Mr. Kennedy. Had he felt rather bitterly about that ? 

Mr. Dyke. Yes, sir. 

Mr. Kennedy. Then it would be very possible that the man that 
arrested his son he did not want to be in charge of the investigation 
in this case. 

Mr. Dyke. I was an officer out to answer the call. 

Mr. Kennedy. I understand that, but as I understand the record, 
from his testimony, and as I understand Mr. Swanner's testimony, he 
gave full cooperation after that. He was interviewed and furnished 
the witnesses to Mr. Swanner and gave his help and assistance but he 
did not want to talk to you because he felt that his son had been 
wronged and you had been responsible. I am not getting into the 
merits of that one way or another. You came up and volunteered to 
appear. As I understand, that is the background of the situation; is 
it not? 

Mr. Dyke. I was there before Lieutenant Swanner arrived. If he 
had cooperated with us a little more fully, it is entirely possibly 

Mr. Kennedy. He did cooperate, I understand. He cooperated and 
full interviews were conducted. They came back and saw him again. 
You don't have any information to the contrary; do you? 

Mr. Dyke. Not about that part. I am talking about my part. 

Mr. Kennedy. The only part you know anything about is what he 
felt about you personally ? 

Mr. Dyke. And my entire squad of men that I had out there, some 
15 or 16 men. 

The Chairman. Are there any questions ? 

Senator McNamara. Yes ; I have a question or two. I would like 
to ask the lieutenant a question. Did anyone make any charges or 
request the arrest of Mr. Reynolds ? 

Mr. Swanner. I wish you would restate your question, please, sir. 

Senator McNamara. 1 can't hear you. 

Mr. Swanner. I wish you would restate the question, please, sir. 

Senator McNamara. Did anybody make any charges or request the 
arrest of Mr. Reynolds to you or to your department ? 

Mr. Swanner. No, sir. 

Senator McNamara. Nobody asked you, nobody said they would 
sign a warrant for his arrest ? 

Mr. Swanner. No, sir ; not to me they didn't. 

Senator McNamara. How about Mr. Smith ? 

Mr. Swanner. Mr. Smith? 

Senator McNamara. Did anybody make a request of you that he be 
arrested and they would make charges and sign a warrant ? 

Mr. Swanner. As I said, I took that to the attorney general and 
he tried to arrange the 

Senator McNamara. Aside from the attorney general, were you 
requested in your position as a lieutenant of the police department, to 
arrest either Mr. Reynolds or Mr. Smith by some citizen who said he 
would file charges and follow it up, and sign a warrant? 

Mr. Swanner. Not that I recall ; no, sir. 



7342 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Senator McNamara. Then the answer is "No," you were not re- 
quested ? 

Mr. SwAXNER. I don't recall anybody. 

Senator McNamara, Wouldn't you recall it now in the light of the 
developments ? Don't you think you would recall if somebody wanted 
to swear out a warrant for his arrest, whether you cooperated or 
didn't ? Wouldn't you know that ? 

Mr. SwANNER. Well, sir, there were so many things happening dur- 
ing that time, and so many complaints came in, and so many types and 
so forth, that we checked out, there could have been somebody that 
asked, but I don't recall it. 

As I said, I carried this information to the special prosecutor who I 
assume was hired by either somebody interested in the case, and he had 
full facts and full information in regard to the thing. I laid it before 
him. I assume that if he wanted a warrant, he had the facts before 
him to get it, and to tell his client, whoever he was, what they were. 

Senator McNamara. You never had that request from anybody that 
you recall ? You probably recall it 

Mr. SwANNER. I don't recall anybody. There could have been, but 
I don't recall. 

Senator McNamara. That is all. 

The Chairman. Are there any questions. Senator Curtis ? 

Senator Curtis. No, Mr. Chairman. 

Mr. Kennedy. As I understand it, there were some statements made 
regarding the arrests in the Knoxville area. 

Mr. KiMSET. Yes, sir. I would say in my 30 years I couldn't be 
positive about that, but there have been around 100 in different 
strikes. We have never refused. I have always sent police out to 
guard the places, around the manufacturing company and other 
places. Where they expect trouble and they call me, I immediately 
put them out there. 

Mr. Kennedy. I believe you had 4 in 1956. 

Mr. KiMSEY. Yes, sir; the record shows four then. I recall four of 
them. 

Mr. Kennedy. Four in 1950 ? 

Mr. Dyke. Tliat was four dynamitings. 

Mr. Kennedy. Were any of those teamsters ? 

Mr. KiMSEY. No, sir ; 2 of them telephone employees and 1 of them 
was 2 brickmasons. 

Mr. Kennedy. We had connected with the teamsters in the Knox- 
ville area, just looking at the chart, some 15 acts of violence in the 
Knoxville area, including 4 dynamitings. Were any arrests made in 
connection with those, in 1956 ? 

Mr. KiMSEY. Not to my knowledge, no, sir. 

Captain Huskison and Lieutenant Swanner was assigned by the 
chief of detectives in the detective bureau on the dynamiting cases. 
They worked on it for some time diligently. They were out of town 
several times. 

Mr. Kennedy. Four of them are dynamitings and there were 
sirupings of trucks and shootings, and window breakings. Were 
there any arrests in connection with any of those ? 

Mr. KiMSEY. I believe just two of those were inside the city in our 
jurisdiction. 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7343 

Mr. Kennedy. Are those four arrests that you included in 1956 all 
-within the jurisdiction of Knoxville? 

Mr. KiMSEY. She just handed me 

Mr, Kennedy. Did your people make all the arrests of those four? 

Mr. KiMSEY. Two of them I am sure of, and I think we just assisted 
in two of them. 

Mr. Kennedy. Were they in the city of Knoxville. 

Mr. KiMSEY. Yes, sir. 

Mr. Kennedy. Could I see them, please ? 

(Documents handed to committee counsel.) 

Mr. Kennedy. I see the first one the subjects were apprehended by 
the special agent for the Southern Railway and Tennessee Highway 
Patrol. 

Mr. KiMSEY. That was outside the city, too. 

Mr. Kennedy. So 1 of these 4 was outside the city ? 

Mr. KiMSEY. Yes, sir. 

Mr. Dyke. That was a shooting. 

Mr. Kennedy. And then this next one is arrested by the sheriff's 
office? 

Mr. KiMSEY. We were in on that one, that was within the city. 
That was a telephone strike. 

Mr. Kennedy. And the next 2 are what ? 

Mr. KiMSEY. We furnished the evidence in that arrest there, in the 
telephone strike, part of a dynamiting in connection with a telephone 
pole, 

Mr. Kennedy. These other acts of violence in 1956 were in the 
Knoxville area, and whether they were right in the city or in the 
surrounding area I don't know ? 

Mr. KiMSEY. That is about 50 or 60 miles from there, the one he 
is talking about, but those 2, Powers and the freight lines, were 
right in the city and so was the telephone company. 

The Chairman, Thank you very much, gentlemen, 

Mr, Dyke, I woulld like to say before we go, we have been sent 
out on a lot of labor troubles down there, and we have sent men out, 
and they are sent out with this idea in mind, that if there is a violation 
of the law, we will arrest regardless of who they are. We have been 
charged by the teamsters, and by other organizations down there with 
being strike breakers, and being "Joe Kimsey's Kossacks," and Joe 
Kimsey's strong men to break strikes and so on. That is not true 
either, but we are out there trying to do a job. 

The Chairman. The Chair speaks only for himself, gentlemen. I 
know that law-enforceemnt officers have a tough job. I know some- 
times they are criticized unjustly. I also know that there are instances 
where law-enforcement officers don't pursue these matters with dili- 
gence, and vigilance. 

You have a bad situation down there, apparently, from the testi- 
mony we have heard here. It is not a wholesome condition at all. 
It ought to be cleaned up. We are trying to help you, and we are 
ti-ying to get the information up here. 

You say you cannot get it, and they do not want to testify. Now we 
have had them up here and had them testify. It is a matter of record, 
and it is sworn testimony, and I think by the time these hearings are 
through, you folks will find a way to get some of this cleaned up, at 
least. 



7344 IMPROPER ACTIVITIES DST THE LABOR FIEILD 

I believe that your people down there want it cleaned up. It 
should be, and I hope we have been helpful to you. 

Mr. KiMSEY. I think you have, Mr. Chairman, and I am sure it will 
help us, and I know the police department wants it cleaned up, but 
our department is, you might say, a little country department, and we 
have demands on us, and no money and no equipment. 

Where 2 men can go out on a case like the FBI that Mr. S wanner 
used to be a member of, they can be assigned on it, and we take 4 or 5 
cases a day. 

The Chairman. You have enough. You can get that fellow Smith 
down there before a grand jury, and if you have a district attorney 
that knows how to prosecute a case, get these witnesses in there, and 
you will have a case before you get through, in my opinion. 

Then you can submit it to a jury, a petit jury and if the man is 
guilty he will go where he belongs. 

Thank you very much. 

Mr. KiMSEY. Thank you, gentlemen. 

The Chairman. Call the next witness. 

Mr. Kennedy. Mr. Harold Winslow. 

^ The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. WiNSLOw. I do. 

TESTIMONY OF HAROLD A. WINSLOW 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Winslow. My name is Harold A. Winslow, I live at 611 South 
Ninth, Nashville, and I am employed by Eobert Hughes, who is a 
truck driver. 

The Chairman. Do you waive counsel ? Do you ? 

Mr. Winslow. What do you say ? 

The Chairman. Do you waive the right of an attorney to be pres- 
ent representing you, while you are testifying ? 

Mr. Winslow. That is right. 

The Chairman. Thank you. 

Mr. Kennedy. You were working from August 3 to August 12, 
1955, as a truckdriver, with the Keith Simmons Co., and at that time 
the teamsters were attempting to organize the company ? 

Mr. Winslow. That is right. 

Mr. Kennedy. Now, did you have any difficulty with the teamsters 
or any teamster officials prior to August 12, 1955 ? 

Mr. Winslow. No. I was hired by that company before they were 
starting to organize. Unbeknownst to me, Mr. Gregory called me to 
go to work out there, you see, well, I asked him if there was any labor 
trouble or any danger, and he said no, there were just a few on strike. 
So I went ahead and I went to work as a truckdriver. 

Mr. Kennedy. Did you have any difficulty, or did any of the team- 
ster officials or representatives say anything to you when you were 
driving a truck ? 

Mr. Winslow. No ; none of them said anything to me. Of course, 
they had their picket line, and they would on the morning, they would 



IMPROPER ACTIVITIES IN THE! LABOR FIELD 7345 

holler "scab," or "yellow," or something like that, or say insulting re- 
marks even as I went in, and on the road. 

Mr. Kennedy. They followed you on the road ? 

Mr. WiNSLOW. Yes ; they did. 

Mr. Kennedy. Wlio was doing that ? 

Mr. WiNSLOW. Well, it was some of them, representatives of the 
union. 

Mr. Kennedy. You did not know their names ? 

Mr. "VViNSLOW. I recognized some of them here today. 

The Chairman. You recognize some of them here today ? 

Mr. WiNSLOW. Well, the ones that called me scab, and said insulting 
remarks, and all of that. 

The Chairman. They are present here ? 

Mr. WiNSLOW. They are present here today. 

The Chairman. I see. Maybe we will get to them directly. 

Mr. Kennedy. Now, on August 12, did any of these individuals 
attack you ? 

Mr. WiNSLOW. Well, I don't recall whether that was August 12. 

Mr. Kennedy. On or about August 12. 

Mr. WiNSLOw. It was around August or September, around that 
date. 

Mr. Kennedy. Or the middle of August ? 

Mr. WiNSLOW. I was attacked and, in fact, beat up, and knocked out 
for a little bit. 

Mr. Kennedy. What has been your career? You wrestled for a 
while yourself ; did you ? 

Mr. WiNSLOW. Yes, sir ; I did. 

Mr. Kennedy. You can usually take care of yourself pretty well? 

Mr. WiNSLow. Pretty well, and I used to do a lot of wrestling and 
I am a pretty good-sized man. 

Mr. Kennedy. How much do you weigh ? 

Mr. WiNSLOw. I weigh approximately 300 now, but at that time 
I didn't weigh quite that much. 

Mr. Kennedy. How much do you weigh when you are in shape ? 

Mr. WiNSLOW. Wlien I was in shape, I weighed about 287. My 
neck size is 20 and I used to do a lot of wrestling, but now I am 50 
years old, and I can't do that. 

Mr. Kennedy. Where did you used to wrestle ? 

Mr. WiNSLOW. Back in about 1927 and 1928. 

Mr. Kennedy. Professionally ? 

Mr. WiNSLOW. Well, no, just amateur, 

Mr. Kennedy. Whereabouts, in what area ? 

Mr. WiNSLOW. Carnivals, mostly; shows and carnivals; I didn't 
make any public appearances, that is just sort of amateur, you know. 

Mr. Kennedy. You got paid a little for doing it ? 

Mr. WiNSLOW. Yes. 

Mr. Kennedy. So on or about August 12, 1955, you were assaulted, 
you say ? 

Mr. Winslow. Yes. 

Mr. Kennedy. Would you tell us exactly what happened to you ? 

Mr. WiNSLOW. Well, one afternoon I was delivering some hardware 
over to one of the truck terminal docks ; I had my bills out looking at 
them. 



7346 IMPROPER ACTIVITIES IN^ THE LABOR PIEILD 

Mr. Kennedy. You can stand up if you want to show how you do it. 

Mr. WiNSLOw. I had my bills looking at them this way and some- 
body walked behind me and the first thing I knew I was slugged. 

Mr. Kennedy. What did you do ? 

Mr. WiNSLOw. I went over against the truck and I did not go down 
but I fell over against the truck. 

Mr. Kennedy. What did he hit you with ? 

Mr. WiNSLOW. I don't know whetlier it was knucks or fist, or club 
or what, but it was an awful hard holt. It was right behind the ear. 
It was two fellows up there in a car and they were sitting out front. 
When I came to, they were there, too. 

Mr. Kennedy. When you recovered consciousness ? 

Mr. Winslow. A^VHien I recovered consciousness there were about 
three of them there but the one who did the slugging, I can't seem to 
recall him, but if I would ever meet him, I would knoAv who he was. 
Those two fellows who brought him out there would probal)ly Imow. 

Mr. Kennedy. Did you report this to the police? 

Mr. WiNSLOw. Yes, sir ; I reported it to the police. 

Mr. Kennedy. Just to go back, did they hit you, these other two 
men joined in the hitting? 

Mr. Winslow. They joined in a little bit. 

Mr. Kennedy. They hit you around the face? 

Mr. WiNSLOw. Not too much in the face but chest and my back. 

Mr. Kennedy. What did you do ? 

Mr. Winslow. Well, I was trying to defend myself. 

Mr. Kennedy. Were you able to ? 

Mr. WiNSLOw. Yes, I began to straighten up and I was able to and 
I jerked and ran. I jerked away and they had three of them around 
me and one of them started running, was hollering and, of course, 
nobody was there to see me but he grabbed me by the pants and I 
jerked away from him and so I got away, and they got in a car and 
got away, but I didn't get the license number and I didn't have any 
gun, or no club or nothing to defend myself. 

Mr. Kennedy. But you reported it? 

Mr. Winslow. If I run across the guy that slugged me, he is mine. 

Mr. Kennedy. Did they kick you, also? 

Mr. Winslow. Yes ; I think they did. 

Mr. Kennedy. Do you still have scars from that ? 

Mr. Winslow. I have got a place on my leg where it must have 
busted a blood vessel and they probably kicked me and it has never 
healed up. 

Mr. Kennedy. It is still inflamed ? 

Mr. Winslow. It is scarred. 

The Chairman. When did this happen ? 

Mr. Winslow. That was I would say, it was in the fall of 1955. 

The Chairman. Was anyone ever arrested ? 

Mr. Winslow. I don't think so. They swore out warrants, John 
Doe warrants, but I don't think anybody was ever picked up. 

The Chairman. Do you know the two men ? 

Mr. Winslow. I could recognize the two, I think, that brought tlie 
man over there that slugged me. I believe I could. 

Mr. Kennedy. You could recognize them ? 

Mr. Winslow. Yes, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7347 

The Chairman. Have you ever seen them since ? 

Mr. WiNSLOw. Since then ? No ; I don't recall ; no. 

The Chairman. Not that yon recall ? 

Mr. WiNSLOw. I saw them before. 

The Chairman. You had seen them before? 

Mr. WiNSLOw. Yes, but I don't believe in this business of going 
around and trying to see people. 

The Chairman. I thought you were looking for the guy who 
slugged you. 

Mr. WiNSLOw. Those two people Avho brought him out there, they 
were not the ones. 

The Chairman. Have you inquired of them who he was ? 

Mr. Winslow. No, I never did talk to them. 

The Chairman. You never did talk to them ? 

Mr. Winslow. No. 

The Chairman. They must have pretty well convinced you. 

All right, go ahead. 

Mr. Kennedy. No arrests were made? Did the police question you 
or show you any pictures ? 

Mr. Winslow. The police — we went around and I don't think they 
were police, but they were plainclothes men, or maybe police, too, I 
guess. We went around by the union hall me and another boy who 
was assaulted the same afternoon and I don't know who he was, and 
he was another truckdriver. But we went around the building and 
we identified the car, but there wasn't anyone in it. 

Mr. Kennedy. That was in front of the teamster headquarters ? 

Mr. Winslow. Yes, sir. 

Mr. Kennedy. And you were able to identify these people as the 
same people that had been harassing you while you were driving the 
truck in the prior 10 days or 2 weeks ? 

Mr. Winslow. Two of them, yes, but the one that slugged me, no. 

Mr. Kennedy. Did they ever show you the pictures of anyone ? 

Mr. Winslow. Who? 

Mr. Kennedy. Did the police ? 

Mr. Winslow. Not the police. 

Mr. Kennedy. To see if you could identify the people that slugged 
you? 

Mr. Winslow. No, the police never had any pictures. 

Mr. Kennedy. No arrests were ever made ? 

Mr. Winslow. None of the officers that were there that I dealt with. 

Mr. Kennedy. Could you go in the audience and could you pick out 
the 2 or 3 people that assaulted you that day ? 

Mr. Winslow. Two of the three, yes. 

Mr. Kennedy. You did not see the one that hit you from the back, 
did you ? 

Mr. Winslow. No. 

Mr. Kennedy. You saw the ones that hit you from tlie front, did you 
not ? Could you go and pick them out ? You can step up and walk 
out. 

(The witness went to the audience.) 

Mr. Winslow. It is this fellow here and this one over here. 

The Chairman. Have those two people come around, and identify 
them. 



7348 IMPROPER AdwrriEis n^ the labor field 

Mr. Kennedy. Would you go up there and identify them ? 

The Chairivian. You two gentlemen may sit down right behind the 
witness. 

Mr. Winslow, are these the two men ? 

Mr. Winslow. Those were the two I saw in the car. 

The Chairman. Did they get out of the car ? 

Mr. Winslow. Yes, sir. 

The Chairman. They got out of the car ? 

Mr. Winslow. Yes, sir. 

The Chairman. Are you still afraid of them ? 

Mr. Winslow. They didn't do too much to me. 

The Chairman. The other fellow had already done plenty ? 

Mr. Winslow. Yes, sir, the other fellow did. 

The Chairman. Did they participate in it ? 

Mr. Winslow. They participated. 

The Chairman. Do you know their names ? 

Mr. Winslow. Not exactly, no. 

The Chairman. Do you know nearly ? 

Mr. Winslow. I think Smith and Vaughn. 

The Chairman. One is named Smith and one is named Vaughn. 
Which one is named Smith ? 

Mr. Winslow. With the red hair. 

The Chairman. Which one is named Smith ? 

Mr. Winslow. Wait a minute, now, the one with the red hair is 
Vaughn. 

The Chairman. That is Vaughn; and what is the other one? 

Mr. Winslow. Smith, I think his name is Smith, I believe. 

Mr. Kennedy. You left your job after this, after you got beaten up 
this time ? 

Mr. Winslow. Yes, I didn't want to bother the boys if they were 
organizing and I didn't want no trouble whatsoever, and I was not 
on either side. 

Mr. Kennedy. You did not want to participate. 

Mr. Winslow. I did not want to participate. 

Mr. Kennedy. In this business again. 

Mr. Winslow. If they were having trouble, I run from trouble and 
I don't run to get into it. 

Senator Curtis. Where was this that you were assaulted ? 

Mr. Winslow. That was at the Tennessee Motor Lines, I believe, on 
Leach Avenue, and it was some trucking company. 

Senator Curtis. In what city ? 

Mr. Winslow. Nashville, Tenn. 

Senator Curtis. And did it happen out in the street ? 

Mr. Winslow. It happened at their terminal. 

Senator Curtis. Off the street? 

Mr. Winslow. Yes, off the street. 

Senator Curtis. These two men behind you, Mr. Vaughn, and Mr. 
Smith, how close were they to you after the other party had slugged 
you? 

Mr. Winslow. Well, the last I saw, they were sitting in the car. 

Senator Curtis. Did they ever get out of the car and come over to 
where you were ? 

Mr. Winslow. Yes, sir. 



IMPEOPER ACTIVITIES IN THEl LABOR FIELD 7349 

Senator Curtis. How close to you ? 

Mr. WiNSLOW. To me, you mean ? 

Senator Curtis. Yes, did they ever touch you ? 

Mr. WiNSLOW. Well, I was touched a time or two by them. 

Senator Curtis. What is that? 

Mr. WiNSLOW. I was sort of knocked out at the time. 

Senator Curtis. But they did come over where ^ou were ? 

Mr. WiNSLOW. Yes, sir. 

Senator Curtis. Close enough for them to touch j ou ? 

Mr. WiNSLOW. Yes, sir, I could recognize them. 

Senator Curtis. But did they touch you ? 

Mr. WiNSLOw. Yes, sir ; I guess they did. 

Senator Curtis. What with ? 

Mr. WiNSLOW. Just their hands. 

Senator Curtis. Did they say anything to you ? 

Mr. WiNSLOW. No, not too much. 

Senator Curtis. They came over after the other man had gone ? 

Mr. WiNSLOW. No, he was still there, too. 

Senator Curtis. He was still there, too '. 

Mr. WiNSLOW. Yes, sir. 

Senator Curtis. But you never have seen him since ? 

Mr. WiNSLOW. I have never seen him since. 

Senator Curtis. That is all. 

The Chairman. I understood you to testify and I want the record 
straight, that these two men hit you. Did either of them ? 

Mr. WiNSLOW. Mighty lightly, if they did. 

The Chairman. Are you afraid of them ? 

Mr. WiNSLOW. I am not afraid of them. 

The Chairman. Did they hit you, lightly or otherwise ? 

Mr. WiNSLOW. Lightly, they hit me. 

The Chairman. Lightly they hit you ? 

Mr. WiNSLOW. Yes, sir. 

The Chairman. How many times ? 

Mr. WiNSLOW. I couldn't just exactly say the number of times. 

The Chairman. More than once ? 

Mr. WiNSLOW. More than once. 

The Chairman. How many times did they kick you ? 

Mr. WiNSLOW. I was kicked^ — I couldn't tell whether it was the 
third one or these, but I was kicked 2 or 3 times. 

The Chairman. You were kicked 2 or 3 times ? 

Mr. WiNSLOW. Yes, sir. 

The Chairman. Is that what bruised your leg ? 

Mr. WiNSLOW. That is partly the cause of it. 

The Chairman. What else caused it ? 

Mr. WiNSLOW. Well, I guess being heavy just busted the blood 
veins. 

The Chairman. It did not bust accidentally ? 

Mr. WiNSLOW. It never healed. 

The Chairman. It had not been busted before ? 

Mr. WiNSLOW. No. 

The Chairman. It got busted then ? 

Mr. WiNSLOW. Yes, sir. 

The Chairman. And it has never healed. 

Mr. WiNSLOW. That is right. 



7350 IMPROPER ACTIVITIES EST THE LABOR FIEILD 

The Chairman. Are there any other questions ? 

Senator McNamara. I would like to ask the witness, who did you 
contact at the Nashville police department ? 

Mr. WiNSLOW. I contacted or I went back to the company there and 
I contacted Mr. Gregory and he contacted the men, and I don't know 
who they were. 

Senator McNamara. You did not contact anybody directly in the 
police department, yourself ? 

Mr. WiNSLOw. No. 

Senator McNamara. Did you not sign a John Doe warrant ? 

Mr. WiNSLOW. After that, yes, for the arrest. 

Senator McNamara. Did you do this in the presence of some rep- 
resentative of the police department ? 

Mr. WiNSLow. I guess it was. 

Senator McNamara. You do not know ? 

Mr. WiNSLOW. No. 

Senator McNamara. Since you recognize these two men now, and 
you say that they participated to some degree in beating you up, why 
did you have a John Doe warrant issued for them rather than a war- 
rant specifying them as the people who beat you up ? 

Mr. Kennedy. He did not know the names. 

Mr. WiNSLow. Well, I didn't want or I didn't care who it was for, 
and the idea was to get the one who did it. I didn't know their 
names. 

Senator McNamara. I do not know that we should coach him that 
much, really. You did not know their names at that time, but you 
discovered it since ? 

Mr. WiNSLOW. Yes. 

Senator McNamara. You do not know the names of the policemen 
and you did sign a John Doe warrant, but you since discovered that it 
was these two men and another man who beat you up. 

Mr. WiNSLOw. Yes, sir. 

Senator McNamara. Was it just recently, today, that you found 
that out? 

Mr. WiNSLOW. No. 

Senator McNamara. When did you discover who they were ? 

Mr. WiNSLOW. These two men, you mean? I saw them two men 
around Nashville and I saw them before I was ever attacked. 

Senator McNamara. You did not try to get a warrant for them 
when you found out who they were ? 

Mr.WiNSLOAV. No. 

Senator McNamara. Wliy ? 

Mr. WiNSLow. Well, I just didn't want to get mixed up with it. 

Senator McNamara. You did want to get a warrant ? 

Mr. WiNSLOW. I wanted to get the warrant for the one who did it. 

Senator McNamara. They did it, too, according to your testimony. 

Mr. WiNSLOw. Yes, they helped too, and they know who did it, but 
of course they wouldn't tell. 

_ Senator McNA:\rARA. We can't have it both ways. They either par- 
ticipated in beating you up or tliey did not. Which is it? Did they 
participate in beating you up ? 

Mr. WiNSLOW. Yes, sir ; I say they did. 



IMPROPER ACTIVITIES IN THE LABOR FIEOLD 7351 

Senator McNamara. They did ? 

Mr. WiNSLOw. Yes, sir. 

Senator McNamara. When you found out who they were, you did 
not try to get a warrant for them for their arrest ? 

Mr, WiNSLow. No. 

Senator McNamara. And why ? 

Mr. WiNSLOw. I didn't know who they were then ; I did not know 
the names. 

Senator McNamara. You knew some time ago and you found out 
prior to today ? 

Mr. WiNSLOw. Yes, sir. 

Senator McNamara. And you did not try to get a warrant for their 
arrest ? 

Mr. WiNSLow. No. 

Senator McNamara. You do not have any explanation of why you 
did not try to get a warrant for their arrest ? 

Mr. WiNSLOW. Well, I don't know why I didn't, but I just didn't go 
ahead with it. 

Senator McNamara. That is all, Mr. Chairman. 

The Chairman. Which one now, do you say, or point to the one 
that is named Smith. Point your finger at the man named Smith. 

Mr. WiNSLOw. Here, this one. 

The Chairman. Which one ? "Wliicli one is named Smith ? 

Mr. WiNSLOw. This one is named Smith. 

The Chairman. Which one ? I cannot tell who you are pointing at. 
Point with this other hand. That is Smith ? 

Mr. WiNSLOw. Yes, sir. 

The Chairman. And the other one is who ? 

Mr. WiNSLow. Vaughn. 

The Chairman. All right; we have them identified now. Thank 
you. Stand aside. 

Mr. Smith, take the stand, please. 

Mr. Smith, take the witness stand. Will you be sworn ? 

You do solemnly swear that the evidence you shall give before this 
Senate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Smith. I do. 

TESTIMONY OF WILLIAM A. SMITH, ACCOMPANIED BY HIS 
COUNSEL, CECIL D. BKANSTETTER 

The Chairman. State your name and your place of residence and 
your business or occupation. 

Mr. Smith. Do I have a right to counsel ? 

The Chairman. I did not understand you. 

]Mr. Smith. Have I got a right for counsel ? 

The Chairman. You have, and you will be given that opportunity. 
Will you state your name and your place of residence and your busi- 
ness ? Do you have coun sel here ? 

Mr. Smith. William A. Smith, 421 Wanda Drive, Donelson. 

The Chairman. Do you have counsel ? 

Mr. Smith. I sure have. 

The Chairman. Come around, Mr. Counsel. 

89330 — 58— pt. 18 20 



7352 IMPROPER ACnVITIEIS IN THE LABOR FIELD 

Mr. Counsel, identify yourself for the record, please, sir. 

Mr. Branstetter. I am Cecil Branstetter, 204 Stahlman Building, 
Nashville, Tenn. 

The Chairman. Thank you very much. All right, Mr. Smith, you 
gave us your name and your address. What is your occupation ? 

Mr. Smith. I work for teamsters local 327, Nashville, Tenn. 

The Chairman. In what capacity ? 

Mr. Smith. Assistant business agent. 

The Chairman. Wliatisthat? 

Mr. Smith. Assistant business representative. 

The Chairman. Assistant business representative ? 

Mr. Smith. Yes, sir. 

The Chairman. All right. 

Mr. Kennedy. How long have you held that position, Mr. Smith ? 

Mr. Smith. Since January. May I consult my lawyer ? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. Since January 15, 1953. 

Mr. Kennedy. What were you doing prior to that time ? 

Mr. Smith. Driving for xVssociated Transport Co. 

Mr. Kennedy. Who hired you in the teamsters local ? 

Mr. Smith. I don't remember at this time the man's name. 

Mr. Kennedy. How did you happen to transfer from driving for 
Associated Transport into the teamsters local ? Who arranged that ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Can't you tell the committee who arranged for that ? 
Who hired you in the teamsters local ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Is there something that incriminates people or 
might tend to incriminate them if they are hired by a union? You 
want to reflect upon your union in that fashion ? 

Mr. Smith. I claim my constitutional right not to be a witness 
against myself. 

The Chairman. O. K. If you want to leave the record that way, 
and it might be that bad. I do not know. 

Mr. Kennedy. Was Mr. Vestal the president of the local at that 
time? 

Mr. Smith. May I talk to my lawyer ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. We have had some testimony before this committee 
from representatives of Associated Transport Co., and the close rela- 
tionship that they have had with the teamsters. Now, did that play 
a part in your getting the job as a business agent for this teamsters 
local ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Do you respect other people's constitutional rights ? 

Mr. Smith. May I talk to my lawyer ? 

The Chairman. Yes. 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7353 

(The witness conferred with his counsel.) 

Mr. Smith. I chiim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Do you think you could not afford to admit that 
you do not respect other people's constitutional rights without possibly 
incriminating yourself ; is that it ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Proceed. 

Mr. Kennedy. Were you hired in order to perform acts of violence 
for the local, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. I^NNEDY. Is that the function you performed for the local after 
you joined them in 1953 ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Didn't you go to Knoxville, Tenn., and perform acts 
of violence, including dynamitings ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. You went down into Miami, Fla., and you went to 
Atlanta, Ga., Jackson, Miss., up into New Jersey, and to Kentucky, 
did you not ? 

]\Ir. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Are you a professional goon ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. You mean you cannot even deny that without 
possibly incriminating yourself ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. According to the testimony that we have had before 
this committee, Mr. Frank Allen was standing at his desk with his 
liead down and you came up and hit him and continued to strike him 
for a period of minutes, so that he broke his nose, and he broke bones 
in his face. He was completely unprepared. Is that true, Mr. Smith ? 
Did you do anything like that ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr, Kennedy. And you came up to Wallace Easmussen, and struck 
him when he was completely unprepared and struck him from the 
back. Did you do that ? 

Mr. Smith. The question again, please. 

Mr. Kennedy. That you came up to Wallace Rasmussen and you 
struck him in a similar way and struck him from behind; is that 
right? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And because you had some fear that maybe Eugene 
Evans would cause you some problem over in Knoxville, Tenn., you 
brought a man who had done some fighting. Corky Ellis, and you 



7354 IMPROPEE ACTIVITIES EST THE LABOR FIEILD 

brought him over to Knoxville, Tenn., in order to beat Mr. Evans up ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy, lio you go around and participate in these beatings, 
and does that give you a certain amount of pleasure ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. What about dynamitings; do you participate in 
dynamiting, too ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you put dynamite under people's automobiles? 
Have you done anything like that ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. What about their stores, their places of business, so 
you destroy all of their work? Do you do that? Did you put any 
dynamite under any store ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you come to Knoxville, Tenn., on the night of 
June 12 and register at the hotel there, the Hotel Farragut, under 
the name of Tommy Jackson ? 

]\Ir. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And then did you go out and participate with any 
other individual in the shooting of two trucks ? Did you do anything 
like that? 

Mr. Smith. The question again ? 

Mr. Kennedy. Did you go out there and participate in the shooting 
of two trucks, B & S Truck Co. trucks ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself, 

Mr. Kennedy. Did you shoot at any trucks where the drivers were 
going along completely defenseless ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. You participate in some shootings and some beat- 
ings where these people are completely defenseless, do you, Mr. Smith ? 

Mr. Smith. The question again? 

Mr. Kennedy. Do you participate in beatings and participate in 
shootings where the individual involved is completely defenseless? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Where you do these things, where you go out and 
shoot at people, put dynamite under the property and blow it up, 
slip up on them from their back and slug them, do you think that is 
an act of bravery ? 

Mr. Smith. The question again ? 

The Chairman. When you go out and beat people up, shoot at 
them, when they are helpless and defenseless, put dynamite on their 
property, blow it up, do you think that is an act of bravery ? 



IMPROPER ACTIVITIES IN" THE LABOR FIELD 7355 

Mr. Smith. Is that all ? Is that all of your question ? 

The Chairman. Yes. Answer that much of it. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a, witness against myself. 

The Chairman. Don't you know tlmt is an act of the lowest kind of 
cowardice ? Don't you know that ? 

Mr. Smith. The question again ? 

The Chairman. I said don't you know that such acts are the lowest 
kind of cowardice ? You understand what I am saying. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Proceed. 

Senator Curtis. Mr. Chairman? 

Mr. Smith, do you know Harold Winslow, who just left the stand? 

Mr. Smith. May I talk to my lawyer ? 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Did you ever see him before today ? 

]Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Did you hear his testimony today ? 

Mr. Smith. May I talk to my lawyer ? 

The Chairman. Yes, sir. 

(The witness conferred with his counsel. ) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Mr. Chairman, I ask that the witness be ordered 
to answer. I merely asked him if he heard Mr. Winslow's testimony 
today. I think the committee is entitled to know whether he heard 
it. 

The Chairman. The question is: Did you hear the testimony of 
Mr. Winslow when he appeared on the witness stand here today just 
preceding you ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. With the permission of the committee the Chair 
orders and directs you to answer the question. 

Mr. Smith. I refuse to answer the, question. 

The Chairman. You are ordered and directed to answer the ques- 
tion. 

Mr. Smith. May I talk to my lawyer ? 

The Chairman. Yes. You'd better. 

(The witness conferred with his counsel.) 

Mr. Smith. Mr. Chairman, due to these loudspeakers I have quite 
a bit of trouble hearing through this hearing aid. I do wear a hearing 
aid. I could catch a word here and a word there. 

The Chairman. You heard part of his testimony ? 

Mr. Smith. Not enough to put meaning to it. Not enough to get 
a meaning. 

The Chairman. I didn't understand you. 

Mr. Smith. Not enough to get the meaning. 



7356 IMPROPER ACTIVITIES ZNT THE LABOR FIEOLD 

The Chairman. You heard some of the testimony, but not enough 
to get the meaning of it ; is that correct ? Is that what you said ? 

Mr. Smith. I heard him talking and I could catch a stretch of it 
every now and then, but I could not get the meaning of what he was 
trying to get over. 

The Chairman. To clarify what you said, as I understand it, you 
heard him testify but you just caught a word here and there and you 
couldn't get the meaning of what he was saying. That is what you 
are telling us ? 

Mr. Smith. Did you say I could not get the meaning ? 

The Chairman. That is right. 

Mr. Smith. That is right. 

The Chairman. All right. 

Senator Curtis. Have you been in the hospital in the last 3 or 4 
years ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Were you ever in the hospital in Knoxville? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Have you ever been shot in the elbow, accidentally 
or otherwise ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Do you still have a scar on your elbow ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Would you be willing to exhibit both your elbows 
to this committee ? 

Mr. Smith. May I talk to my lawyer ? 

The Chairman. Yes. 

(The witness conferred'with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. How long have you known Mr. Red Vaughn ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Well, do you know him ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Do you think it might incriminate you to admit it, 
that you know him ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a wi tness against myself. 

The Chairman. Is he that kind of a character, that it might incrim- 
inate you to acknowledge that you know him ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. I wonder if he will make the same claim about 
you ? Do you know ? 

Mr. Smith. I beg your pardon ? 

The Chairman. I said I wonder if he is going to make the same 
claim about you. Do you know ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7357 

Mr. Smith. I am no mindreader. 

The Chairman. Sir ? 

Mr. Smith. I am no mindreader, sir. 

The Chairman. You are not a mindreader. You have talked to 
him, haven't you ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Haven't you both agreed to take the fifth amend- 
ment so you wouldn't have to tell on each other? Isn't that the 
truth? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Proceed. 

Senator Curtis. Have you ever been employed in the State of New 
Jersey ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Do you know Don Vestral ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. That is all. 

Mr. Kennedy. Have you ever heard of the Powers Grocery Store 
in Knoxville, Tenn. ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you in the vicinity of Powers Grocery Store 
on or about September 5, and 6, 1956 ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you called over there by Mr. Reynolds, the 
president of the local in Knoxville, to come and help with the Powers 
Grocery Store ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you bring some dynamite with you when you 
came over that time ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you come over there with Robert Belcher ? 

Mr. Smith. Is that all the question ? 

Mr. Kennedy. Yes. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you and Mr. Belcher participate in the dyna- 
miting of the Powers Grocery Store ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you in the vicinity of the Powers Grocery 
Store that night that it was dynamited, September 6 ? 

Mr. Smith, I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Have you ever been questioned by any officer about 
your presence there ? 



7358 IMPROPER ACTIVITIES IN THE LABOR FTEILD 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. You couldn't even tell whether you had been in- 
terrogated by any law-enforcement officer about your presence there 
that night without possibly incriminating yourself ; is that right ? 

Mr. Smith. May I talk with my lawyer ? 

The Chakman. Yes. 

(The witness confers with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Proceed. 

Mr. Kennedy. Do you know if Mr. Belcher is a member of your 
local? Is he? 

Mr. Smith, I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. I^JENNEDY. And he has been arrested some 42 times ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Is that why you selected him to go to Knoxville with 
you? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Looking at your record, prior to the time you were 
hired by the union you were arrested some 10 or 12 times. Wliat was 
the basis of their hiring you ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. This included operating and keeping disorderly 
houses, a drunk, loitering, disorderly and offensive conduct, on a num- 
ber of different occasions. 

Mr. Smith. The question again, please ? 

Mr. Kennedy. What was it in your record that made the teamsters 
want to hire you, Mr. Smith ? 

Mr, Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. You were involved in an assault and battery in addi- 
tion to these other things ? 

Mr. Smith. I beg your pardon ? 

Mr. Kennedy. You were involved in assault and battery, in addition 
to these other things, prior to being hired by the teamsters ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. In addition to the Powers dynamiting, we have you 
identified as participating in the dynamiting of the Ajax Warehouse, 
Nashville, Tenn. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And the dynamiting of the Southland Oil Corp., 
Jackson, Miss. Can you tell us anything about that ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. And the McDowell Co., in Nashville, Tenn. ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7359 

Mr. Kennedt. There were two separate dynamitings there, one 
causing a loss or damage of $100,000 and the other one somewhat less. 
Did you participate in either one of those ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. At the time of the last dynamiting, the office was 
dynamited. Did you participate in that? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. They found in the property a homemade bomb, 
which is over here in one of the exhibits. Will you tell the committee 
whether you have ever seen that before ? Would you look at it and 
tell the committee about that ? 

Mr. Smith. The question again ? 

Mr. Kennedy. I would like you to look at that homemade bomb, 
examine it, and tell the committee whether you have ever seen it before. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Are you familiar with it ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Have you ever had your hands on it ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Did you make it? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Did you transport it ? 

Mr, Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Did you place it in position to be exploded ? 

Mr. Smith, I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman, Proceed, 

Senator Curtis, What are your duties as assistant business manager 
of the union ? 

Mr. Smith. May I talk to my lawyer? 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. You don't want to leave the inference here that the 
union does something that would incriminate you if you told about it, 
that you are employed by that union to do something that you can't 
tell the public about without incriminating yourself ? 

Is that the implication you want to leave ? 

Mr. Smith. Are you through with the question ? 

The Chairman, You heard the question, 

Mr, Smith. I say are you through, sir? 

The Chairman. You have heard the question. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. All right. 

Senator Curtis. Who advised you of what your duties were ? 



7360 IMPROPER ACTIVITIES IN THE LABOR FIEILD 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Wlio is your superior in the union ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Do you have any duties to perform for the union 
that would not incriminate you ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. That is all, Mr. Chairman. 

Mr. Kennedy. AVliat about the dynamiting in Knoxville, Tenn., in 
reference to the Newman-Pemberton strike ? Did you participate in 
that at all? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. We have had quite a bit of testimony regarding your 
participation in the siruping of trucks in a number of different 
instances. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Against the Carolina-Tennessee Co., at Newport, 
Tenn. Did you participate in the siruping there? 

Mr. Smith. Is that all? 

Mr. Kennedy. Yes. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And siruping of trucks at Monteagle, Tenn. ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And the siruping of the trucks of the Motoren Co., 
in Nashville, Tenn. ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. You have been linked in testimony with all of these 
things, with direct testimony. And another instance on November 7, 
1954, with the siruping of trucks of the Tennessee-Carolina Co. Did 
you participate in that ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And the slashing of tires at the B. & S. Motor Line; 
did you participate in that ? 

Mr. Smith. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. Wliat salary are you paid by the union ? 

Mr. Smith. The question again ? 

The Chairman. Wliat salary are you paid by the union ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And the breaking of barbershop windows in 1954 
and 1955. You have also been identified directly with breaking 
barbershop windows. Would you tell us anything about that? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7361 

Mr. Kennedy. We have identified you before the committee with 
some 4 or 6 dynamitings, the slashing of tires on several occasions, on 
2 occasions, the siruping of trucks on about 8 occasions, beatings and 
assaults, which according to the testimony, mostly was from behind 
the victim, on 4 or 5 occasions. Can you tell us anything about that, 
or do you want to tell us about it, what you did ? Or deny it ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. In addition to that, we have identified you as par- 
ticipating in some shootings. Would you tell us anything about that ? 
Can you tell us anything ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. And we had testimony before the committee of 
Mr. Koy Byrd, of the B. & S. Lines, who was crippled for life after 
being shot. Did you participate in that ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Wliere did you learn to do all these dynamitings and 
shootings and beatings, Mr. Smith ? Wliere did you become so brave ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Do you know any police officers ? 

Mr. Smith. May I talk to my lawyer ? 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Senator McNamara ? 

Senator McNamara. The witness has testified that he was a truck- 
driver before he became a paid official for the teamsters union. I 
would like to ask : How long were you a truckdriver before you be- 
came a paid official ? 

Mr. Smith. May I talk to my lawyer ? 

Senator McNamara. Yes. 

Mr. Smith. Would you mind stating the question over ? 

Senator McNamara. What was that ? 

Mr. Smith. Would you mind stating the question over ? 

Senator McNamara. You have testified that you were a truck- 
driver before you became a paid official. My question is : How long 
were you a truckdriver before you became a paid official ? 

Mr. Smith. May I talk to my lawyer ? 

Senator McNamara. How much ? 

Mr. Smith. May I talk to my lawyer ? 

Senator McNamara. Sure. 

(The witness conferred with his counsel.) 

Mr. Smith. I would say approximately — you are talking about the 
Associated Transport ; are you ? 

Senator McNamara. Any truck. A truckdriver. 

Mr. Smith. I answer that question that I worked for the Associated 
Transport before I went to work for the union. That is the company 
you are talking about. I would say approximately 10 months, some- 
where 2 or 3 weeks more or less. 



7362 IMPROPER ACTIVITIES IN" THE LABOR FIELD 

Senator McNamara. Were you a truckdriver prior to that employ- 
ment? 

Mr. Smith. May I talk to my lawyer ? 

Senator McNamara. Sure. 

(The witness conferred with his counsel.) 

Mr. Smith. Yes, sir. 

Senator McNamara. For how long ? 

Mr. Smith. All my life. 

Senator McNamara. All your life? 

Mr. Smith. Practically. Off and on ; yes, sir. 

Senator McNamara. Are you a citizen of the United States ? 

Mr. Smith. I beg your pardon ? 

Senator McNamara. Are you a citizen of the United States ? 

Mr. Smith. May I talk to my lawyer ? 

(The witness conferred with his counsel.) 

Mr. Smith. Yes, sir. 

Senator McNamara. That is all. Thank you. 

Senator Curtis. Are you a member in good standing of the union ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. That is interesting. 

The Chairman. Does the union condone those beatings and dyna- 
mitings, window breaking, tire slashing, siruping of motors, and so 
forth ? Does your union approve of that ? 

Mr. Smith. Are you through ? 

The Chairman. Sir? 

Mr. Smith. Are you through ? 

The Chairman. Yes. 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. I thought you said, "I do." 

Senator McNamara. He said, "Are you through ? " 

The Chairman. When I am through with the question, you can 
tell it. 

Mr. Smith. Unintentionally I butted in on the question when I 
thought you were through a couple of times. 

The Chairman. You can't comment on whether your union ap- 
proves ? You can't even defend your union that much, to say that it 
does not approve of such acts ; can you ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. I don't see how anyone can get any other im- 
pression from this testimony except that you approve of it and your 
union approves of it, and that you are employed for that purpose. 
Do you want to leave the record that way ? 

Mr. Smith. Is that a question ? 

The Chairman. Yes. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. In that connection, as I undei*stand, Mr. Hoffa, 
according to the testimony we have had, intervened on your behalf ; 
is that right ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7363 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know Mr, Hoffa ? 

Mr. S:NriTH. I claim my constitutional right not to be forced to be 
forced to be a witness against myself. 

JNIr. Kennedy. Why did he intervene on your behalf ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Was he approving of what you were doing down 
there during this period of time ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

JNIr, Kennedy. And Mr. Gene San Soucie, do you know Mr. Gene 
San Soucie ? 

Mr. Smith. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. And he intervened on your behalf also ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
forced to be a witness against myself. 

]Mr. Kennedy. He is an important figure in the central conference 
of the teamsters. Do you understand why he would intervene for 
you ? 

Mr. Smith. The question again, if you don't mind. 

Mr. Kennedy. He is an important figure and was an important 
figure in the central conference of teamsters. Could you understand 
why he would intervene on your behalf ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. \Vliat I am interrogating you about is : Do you 
get extra pay in addition to the salary? Do you get paid by the 
job? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. That is all. 

The Chairman. Are there any other questions ? 

In my judgment, any one who is in a position such as this witness 
is, and he knows his position, and he knows the justification 

Mr. Smith. May I interrupt ? 

The Chairman. I will say it loud enough for you to interfere. I 
said, in my judgment, anyone who is in a position such as you are, or the 
position you have taken, where you can't talk about the affairs of your 
union and its activities, and come before a duly constituted tribunal 
or authority and give information that is needed by the Congress of 
the United States to help the legislation for the good of all people, 
anyone who is in that position and who takes that position, reflects 
upon honest, decent unionism in this country. That is exactly what 
you have done here today. 

You may stand aside. 

Mr. Smith. Thank you. 

Mr. Kennedy. I want to call Mr. Lyn M. Schroeder. 

The Chairman. Come forward, Mr. Schroeder. 



7364 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr, Schroeder, be sworn. Do you solemnly swear the evidence you 
shall give shall be the truth, the whole truth, and nothing but the 
truth, so help you God ? 

Mr. Schroeder. I do. 

TESTIMONY OF LYN M. SCHROEDER 

The Chairman. State your name and business or occupation. 

Mr. Schroeder. Lyn M. Schroeder. I would rather not give my 
employment. 

The Chairman. I said what is your occupation. You are under 
fear, are you ? 

Mr. Schroeder. Well, if I gave my occupation and where I live, I 
am afraid I would be. 

The Chairman. You will be directed to give that to the committee 
for its records in executive session. I will not require you to make 
it public. 

You have already given it to the staff, have you ? 

All right. 

Do you waive counsel ? 

Mr. Schroeder. Right. 

Mr. Kennedy. In 1955 you were working in Nashville, Tenn.; is 
that right? 

Mr. Schroeder. That is right. 

Mr. Kennedy. And you were working in the vicinity of some of 
the truckdrivers of the B. & S. Motor Lines ? 

Mr. Schroeder. Yes, I was. 

Mr. Kennedy. And that was during the time that the B. & S. Motor 
Lines was having difficulty with the teamsters union ? 

Mr. Schroeder. That is right. 

Mr. Kennedy. But you were not working for the B. & S. Motor 
Lines ; were you ? 

Mr. Schroeder. I was not and never have been an employee of the 
B. & S. Motor Lines. 

Mr. Kennedy. Who were you working for at the time ? 

Mr. Schroeder. Hermitage Cabinet Shop. 

Mr. Kennedy. Was that shop having any difficulty with any union 
at the time ? 

Mr. Schroeder. We were having no labor difficulty whatsoever. 

Mr. Kennedy. Were you assaulted? 

Mr. Schroeder. Yes; I was. 

Mr. IGsNNEDY. You were in the vicinity of the truckdrivers of the 
B. & S. Motor Lines, is that right, where they were? 

Mr. Schroeder. Not at the time of the assault. 

Mr. Kennedy. You were assaulted. Would you tell why you be- 
lieved you were assaulted ? 

Mr. Schroeder. Well, during the strike, B. & S. had rented some 
trucks from a truck company downtown, and my company was in the 
process of losing some boxcars. 

Mr. IVENNEDY. 

ing some trucks ? 

Mr. Schroeder. That is right. 
Mr. Kennedy. From whom ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7365 

Mr. ScHROEDER. Froiii the Dixie System, the Dixie Drive It Your- 
self System. My employer asked me to go down to pick up a truck 
for him, which I did. I brought the truck by my house, which was 
next to B. & S. Motor Lines, and after lunch I went on up to the shop, 
to the cabinet shop. I had taken two loads, I believe, of furniture 
over to this railroad siding and then I was pulled off the truck to 
work in the shop for a while. 

After that, it was some 2 hours, I believe, I was put back on the 
truck, and it was just about 5 o'clock that this group of men came up 
to the car, the truck, where I was loading. 

Mr. IvENNEDY. As I Understand it, the reason that you believe that 
you were assaulted ultimately was the fact that your place, your home, 
was next to the B. & S. Motor Lines Co. 

Mr. ScHROEDEK. That is right. 

Mr. IsIennedy. And that you had had a truck there, and it would 
appear that you were driving a truck for that company ; is that right ? 

Mr. ScHROEDER. Well, that is one way it would appear, because the 
fellows on tlie picket line kept the license number of each truck that 
went in and out of B. & S. Motor Lines, and this happened to be one 
of the trucks that they had rented. 

Mr. IvENNEDY. This was one of the trucks that they had run in and 
out? 

Mr. ScHROEDER. That is right. 

Mr. Kennedy. I see. And which had been a rented truck? 

Mr. ScHROEDER. That is right. It was a rented truck. 

Mr. Ivennedy. So about 5 o'clock— you were getting to that. 

]\Ir. Schroeder. About 5 o'clock, me and another fellow from our 
shop was unloading the truck in the boxcar, and then this group of 
men came up to the truck and started talking to us. They asked 
where the load of furniture, which we manufactured, was going, and 
if we were working all the time. I answered him "Yes," and I told 
him where it was going. 

Then we had one end of tlie car loaded, packed, and I told the boy 
that was with me that we would have to go back and start on the other 
end of the car. When we turned our backs on these fellows, he was 
on top of some of the furniture that we had been making, we turned 
our back on the fellows, some of them came in the car, 2 of them on 
me and 2 of them on him. I don't know who did the beating, who 
administered the beatings. 

Mr. Kennedy. Were you beaten badly ? 

Mr. Schroeder, Well, I was beat around the face and the sides. 

Mr. Kennedy. Tell how the beating was administered. 

Mr. Schroeder. Well, the 2 felloAvs that were on me, 1 held me, 
lield my head back. 

]Mr. Kennedy. Grabbed your hair and held you back ? 

j\Ir. ScnR0EDi:R. Grabbed me by the hair of the head, and held my 
head back, and the other one used his fists. 

Mr. Kennedy. And they beat you around the face and around the 
chest? 

Mr. Schroeder. Yes. 

Mr. Kennedy. While one was holding your head back the other one 
administered the beating? 

Mr. Schroeder. Yes. 



7366 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr, Kennedy. Did you find out later that tliey liad cracked some 
of your ribs ? 

Mr. ScHROEDER. I fouiid out later that I was in quite a bit of pain, 
but I didn't go to a doctor. It was some 2 weeks before the pain 
actually left. 

Mr. Kennedy. Were some of your ribs cracked ? 

Mr. Schroeder. Well, I don't know, but I have that feeling, that 
they were, because of the pain. I couldn't lift anything and I coukhi't 
get any sleep. 

Mr. Kennedy. Was the other fellow with you beaten up in the 
same way ? 

Mr. Schroeder. They knocked him down, stomped him, and pulled 
his hair. Each time they would knock him down, they would lift 
him up by the hair of the head and hit him again. 

Mr. Kennedy. And hit him again ? 

Mr. Schroeder. Yes. 

Mr. Kennedy. Was this reported to the police ? 

Mr. Schroeder. Yes. 

Mr. Kennedy. Were you able to recognize the people who had 
beaten you up ? 

Mr. Schroeder. The Davidson County police or sheriff's office came 
out. They asked us questions and took the descriptions, but we were 
never taken down to police headquarters and never shown any pictures. 

Mr. Kennedy. You never were. 

Mr. Schroeder. We never were. 

Mr. Kennedy. Did you tell them at that time you thought you could 
identify those wlio had beaten you up ? 

Mr. Schroeder. We told them that. We told them we thought we 
could identify them, that we were positive we could. 

Mr. Kennedy. And since the committee began its investigation, and 
we showed you some of the pictures that were involved in the violence 
in that area 

Mr. Schroeder. Yes ; you did. 

Mr. Kennedy. Did we show you the pictures, among others, of Mr. 
Vaughn and Mr. Canaday, and Mr. Marston ? 

Mr. Schroeder. Yes. 

Mr. Kennedy. Have you been able to identify those from those 
pictures ? 

Mr. Schroeder. Yes; I have been able to identify them. 

Mr. Kennedy. Do you know which one held your head ? 

Mr. Schroeder. No ; I do not. My back was to him. 

Mr. Kennedy. Do you know who was holding you ? 

Mr. Schroeder. No; I don't know that, because I was facing the 
boxcar. 

Mr. Kennedy. Can you recognize them here in the room ? 

Mr. Schroeder. I can point out two of them that I know of. 

The Chair]\ian. Are they here in the room now ? 

Mr. Schroeder. They are in the room now. Except Mr. Vaughn. 
He hasn't come back. 

The Chairman. Mr. Vauighn was one of them ? 

Mr. Schroeder. Mr. Vaughn was one of them. 

The Chairman. You saw Mr. Vauglm here ? 

Mr. Schroeder. Yes. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7367 

The Chairman. Do you know who the other two are ? 

Mr. ScHROEDER. Bob Marston. 

The Chairman. Marston, stand up. 

Who was the other one ? 

Mr. ScHROEDER. And Mr. Canaday. 

The Chairman. Mr. Canaday, stand up. 

All three of you come forward : Mr. A^aughn, Mr. Canaday, and Mr. 
Marston. 

Turn around and look at the three men behind you. Are they the 
thugs that beat you up ? 

Mr. ScHROEDER. They were the ones that were in the group. 

Mr. Kennedy. That beat you and your friend 1 

Mr. ScHROEDER. That is right. And exactly which one adminis- 
tered the beating to us, I don't know. 

Mr. Kennedy. You couldn't tell which one held you ? 

Mr. ScHROEDER. That is right. And exactly which one adminis- 
tered the beating to us, I don't know. 

Mr. Kennedy. You couldn't tell which one held ? 

Mr. ScHROEDER. I couldu't tell that. 

Mr. Kennedy. But this is 3 of the 4 that beat you up, and your 
friend ? 

Mr. ScHROEDER. Yes. 

The C^HAiRMAN. What was the date this occurred ? 

Mr. ScHROEDER. Ill 1955, in August or September, The exact date 
I don't know. 

The Chairman. I don't know whether the statute of limitations has 
run out or not, but there is another matter for the police down there to 
work on. 

Are there any other questions ? 

Mr. Kennedy. They never showed you any pictures of any of these 
people ? 

Mr. ScHROEDER. The police department never showed me any pic- 
tures, 

Mr, Kennedy, They never followed it up at all ? 

Mr. ScHROEDER. No. It was about 15 minutes before I could get 
back fi'om the car to the shop, and they said there was nothing they 
could do because of the time lapse. 

The Chairman. Nothing they could do because of the time laj)se? 

Mr. Schroeder. That they had already gotten away. 

The Chairman. They wouldn't try to find out ? 

Mr. Schroeder. They evidently didn't try to find out. 

Senator Curtis. Do you know who the police officers were that you 
talked to? 
' Mr. Schroeder. Only that they were from the sheriff's department. 

Senator Curtis. You do not know their names ? 

Mr. Schroeder. No, I don't. 

Senator Curtis. This happened in the city or outside the city ? 

Mr. Schroeder. It was in Davidson County. 

Senator Curtis. Outside the city ? 

Mr. Schroeder. Outside the city limits. 

The Chairman, Are there any otlier questions ? 

If not, thank you very much. 

Stand aside, 

80330— 58— pt. is 21 



7368 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Call the next witness. 

Mr. Kennedy. Mr. Vaughn. 

The Chairman. Come forward, Mr. Vaughn. 

You will be sworn. You do solemnly swear the evidence you shall 
give before this Senate select committee will be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Vaughn. I do, sir. 

TESTIMONY OF EALPH G. VAUGHN, ACCOMPANIED BY HIS 
COUNSEL CECIL D. BRANSTETTER 

The Chairman. State you name, your place of residence and business 
or occupation. 

Mr. Vaughn. My name is Kalph G. Vaughn. I live at 2417 Dundee 
Lane. My occupation is: I am a business representative of local 
union 327, Nashville, assistant to the business manager. 

The Chairman. That is a teamster's union ? 

Mr. Vaughn. Yes, sir. 

The Chairman. You have counsel with you ? 

Mr. Vaughn. Yes ; I do, Mr. Chairman. 

The Chairman. Mr. Counsel, come forward, please. 

Let the record show that the same counsel appears for Mr. Vaughn 
that appeared for Mr. Smith. 

Proceed. 

Mr. Vaughn. Mr. Chairman, I would like to make a formal request 
here that since there have been some developments, I would like a 
short recess, please, to discuss with my counsel this problem of 
testifying here. 

The Chairman. You want a short recess ? 

Mr. Vaughn. Just a couple of minutes will be plenty. 

The Chairman. The committee will take a 5 -minute recess. 

The Chairman. We will proceed. The committee will come to 
order. 

(Members present at this point were Senators McClellan, 
McNamara, and Curtis.) 

The Chairman. Mr, Kennedy, you may proceed. 

Mr. Kennedy. Mr. Vaughn, you have been in the local for how 
long? 

Mr. Vaughn. A member, you mean ? 

Mr. Kennedy. Yes. 

Mr, Vaughn, Well, I first joined the teamsters in 1944 and I trans- 
ferred to Nashville and I have been there since 1945 and I was out 
for a year or two and then back in in 1949 and I have been a teamster 
since 1944, 

Mr. Kennedy. '>Vliere were you in 1944 ? 

Mr. Vaughn. Evansville, Ind. 

Mr, Kennedy. Then you transferred over to Nashville ? 

Mr. Vaughn. Yes, sir. 

Mr. Kennedy. When did you become an official of the teamsters 
union ? 

Mr. Vaughn. Well, the first time it was sometime in May of 1954 
and the exact date, about the 15th I believe. In 1955, February 1, 
I reported back to the trucking company and then on August 1, 1955, 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7369 

I came back as a full-time business representative and I have been 
there ever since. 

Mr. Kennedy, Who hired you as a business representative ? 

Mr. Vaughn. Don Vestal, through the approval of the executive 
board. 

Mr. Kennedy. What is your salary and what financial arrange- 
ments have you ? 

Mr. Vaughn. Well, approximately, and the reason I am saying 
that is because there has been a little change just recently, but ap- 
proximately $138 a week. It is $138.80 a week. 

Mr. Kennedy. What do you get as far as expenses are concerned ? 

Mr. Vaughn. $20 a week. 

Mr. Kennedy, That is a flat sum ? 

Mr. Vaughn, Yes, sir ; that is for incidental expense and, of course, 
we have travel expense and a car furnished. 

Mr. Kennedy. Your automobile is furnished to you ? 

Mr, Vaughn, Yes, sir, 

Mr, Kennedy, And gas for the automobile ? 

Mr, Vaughn, Yes, sir, 

Mr, Kennedy, And that is in addition to the $205 that you receive ? 

Mr, Vaughn. Sir, I did not say I received $205 a week. 

Mr. Kennedy. I thought you said $185, 

Mr, Vaughn, No; not $185, $138,80 is the exact amount but I 
couldn't say for sure, 

iSIr, Kennedy. Then $20 a week in expenses ? 

Mr. Vaughn. That is right. 

Mr. Kennedy. Then you receive the automobile on top of that? 

Mr. Vaughn, Yes, sir, 

Mr, Kennedy, Are there any other expenses that you receive? 

Mr, Vaughn, Well, travel, 

Mr. Kennedy, Any expenses that you have, is that right, you get 
reimbursed? 

Mr, Vaughn. Yes, sir; except for this $20, I make sure that that 
is spent without reimbursement and then any other incidental ex- 
pense connected with the work of the union, I get that back, yes, 
sir ; by a voucher, 

Mr, Kennedy, By voucher? 

Mr, Vaughn, Yes, sir ; approved, 

Mr, Kennedy, Have you ever been arrested, Mr. Vaughn? 

Mr. Vaughn, Yes, sir; I have, I have been arrested, I am sure 
of that, 

Mr, Kennedy, What is that? 

Mr, Vaughn, I have been arrested ; yes, sir, 

Mr. Kennedy, How many times have you been arrested ? 

Mr. Vaughn. I don't know for sure. I was arrested 3 or 4 times, 
I believe, something like that. 

Mr, Kennedy, For what ? 

Mr, Vaughn, Drinking and one time on a picket line, 

Mr, Kennedy, All of the other times has been for drinking? 

Mr, Vaughn, I think one was a disorderly deal, 

Mr, Kennedy, An offense of tort ? 

Mr. Vaughn, Where it was tied in with drinking. It was back, 
I don't believe — I haven't been arrested that I can recall riefht now 



7370 IMPROPER ACTIVITIES IN' THE LABOR FIELD 

since I have been working with the union, excepting the one time 
on the picket line, I believe. 

Mr. Kennedy. What is that ? 

Mr. Vaughn. Excepting for one time on the picket line I believe 
that is all of the arrests against me since I have been working for 
the union. 

Mr. Kennedy. You joined the union when, as an official ? 

Mr. Vaughn. In 1954 is when I came on. I was out for about 6 
months and then back. 

Mr. Kennedy. We have had some testimony here regarding your 
participating in the beating of Mr. Winslow. Do you know Mr. 
Winslow ? 

Mr. Vaughn. I would like to consult with my counsel, please. 

The Chairman. All right. 

(The witness conferred with his counsel.) 

Mr. Vaughn. Your question, sir? 

Mr. Kennedy. We have had some testimony that you participated 
in the beating of a Mr. Winslow. Mr. Winslow testified before the 
committee and identified you. Did you participate in his beating? 

Mr. Vaughn. Mr. Counselor, I would like to say this much 

Mr. Kennedy. Will you answer the question ? 

Mr. Vaughn. I certainly intend to answer the question, and that is 
the reason I had to have this few minutes here. 1 never have partici- 
pated in beating that gentleman, and I don't know where he got the 
information from or the idea that I did. 

Mr. Kennedy. You were not even present ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You never saw him being beaten ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You were not around ? 

Mr. Vaughn. I never saw him before in my life to my recollection. 

Mr. Kennedy. And his identification of you is incorrect? 

Mr. Vaughn. As far as I know; yes, sir. I would say he testified 
here that he may have seen me, but I don't know him, and him identi- 
fying me with that deal, it is a case of mistaken identity or untruth- 
fulness. 

Mr. Kennedy. Did you know he was beaten ? 

Mr. Vaughn. No, sir ; I did not. 

Mr. Kennedy. Nobody ever discussed it with you ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You never knew anything about that ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. Until today, it is a complete surprise to you? 

Mr. Vaughn. Well, I had this conference with my lawyer, and he 
had the supplemental data of alleged charges, and it was one of them. 
That said in there that myself and this other gentleman was charged 
with beating this man. 

Mr. Kennedy. But you never had anything to do with it ? 

Mr. Vaughn. I sure haven't. 

Mr. Kennedy. And you never saw it taking place ? 

Mr. Vaughn. No, sir ; I did not. 

Mr. Kennedy. This is a complete surprise to you, how he could 
identify you ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7371 

Mr. Vaughn. Yes, sir; I would say that, and I would like for him 
to be asked ao;ain positively for a positive identification. 

Mr. Kennedy. Wliat about Mr. Schroeder ? He has identified you, 
also, as participatino; in these beatings. 

Mr. Vaughn. I don't know him, and I never have seen him, and I 
did not have anything to do with that, either. 

Mr. Kennedy. You never had anything to do with that ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. It is all wrong, too ? 

Mr. Vaughn. As far as I know, it is, yes, sir. It is just another 
case of mistaken identity, just like the other one and I don't know any- 
thing about either one of them. 

Mr. Kennedy, You never had anything to do with it ? 

Mr. Vaughn, No, sir. 

Mr, Kennedy. You were not even there, and you did not see it ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You never knew he was being beaten, that is, Mr. 
Schroeder ? 

Mr, Vaughn. No, sir, 

Mr. Kennedy, You had nothing to do with it, also ? 

Mr. Vaughn. No, sir. 

Mr, Kennedy, And you never received any information on it ? 

Mr, Vaughn. No, sir. 

Senator Curtis. Have you ever been present when anyone was 
beaten in the last period since 1954 ? 

Mr. Vaughn. Just 1 minute now before I answer that question. 

(The witness conferred with his counsel.) 

Mr. Vaughn, I had this one arrest we spoke of a while ago, was in 
conjunction with the picket line, and on that particular picket line I 
had a scrap of my own. And other than that, I have never witnessed 
or have any knowledge of any beatings whatsoever of anybody. 

Senator Curtis. Have you ever been present with W. A. Smith when 
there was a beating administered ? 

^Ir. Vaughn. No, sir. 

Senator Curtis. Or a fight of any kind ? 

Mr. Vaughn. I don't recall ever being around Smitty when lie al- 
legedly got into anything. 

Senator Curtis. Do you know Mr. Canaday, Mr. Perry Canaday? 

Mr. Vaughn. I sure do. 

Senator Ci rtis. Have you ever been present with Mr. Canaday at 
any time when there was a beating or a fight of any sort ? 

^h\ Vaughn. Just one second. Senator, please, 

(The witness conferred with his counsel.) 

Mr. Vaughn. All right, put the question again, please, sir. 

Senator Curtis. Have you ever been present with i\Ir. Perry Cana- 
day at any time when there was a beating or a fight taking place ? 

Mr, Vaughn. I don't ever recall ever having been around him at 
any time when he allegedly got into any kind of a difficulty or scrap or 
whatever you would call it. I sure don't. I don't remember any. 

Senator Curtis. That is all, Mr. Chairman. 

Mr. Kennedy. You never heard of any fights of any kind that any 
of your fellow business agents got into, is that right ? 



7372 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Vaughn. Just n minute, Counsellor, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I don't — you had better give me that question again, 
please. 

Mr. Kennedy, Would you read it back ? 

(The pending question was read by the reporter as above recorded.) 

Mr. Vaughn. Well, I would like for you, if it would be possible, to 
qualify in what respect do you mean "heard." That covers quite a 
long thing. 

Mr. Kennedy. Did you ever learn about any fights that your fellow 
teamster officials got into ? 

Mr. Vaughn, Well, I have read the newspapers and there is always 
a certain amount of scuttlebutt going around about this and that, 
but I don't 

Mr. Kennedy. Was there much of that scuttlebutt going around 
the teamsters headquarters ? 

Mr. Vaughn. Well, I don't hear very much. I am not around 
there too much, Mr. Kennedy. I am out, and I have quite a full-time 
job, 

Mr. Kennedy. You never heard any discussion or you never had any 
discussion with any of your fellow teamster officials regarding that ? 

Mr. Vaughn. I just don't recall it if I did at aJl. 

Mr. Kennedy. Let us pinpoint it from 1953 on. Did you have any 
discussions with any of your fellow teamster officials regarding any 
fights that they might have participated in ? 

Mr. Vaughn. Well, from 1953, of course, they would not be fellow 
business agents because I didn't start until 1954. And cutting that 
year off of it, that is still a mighty broad time to get up here and 
testify — just one minute, Mr, Kennedy, please — under testimony and 
oath testify that I never heard of a subject discussed or what have you. 
But to my recollection, I haven't, no, sir. 

Mr. Kennedy. What about the siruping of trucks ? Do you know 
anything about that ? 

Mr. Vaughn. No, sir, I sure don't. 

Mr, Kennedy. You never had any discussions about that, at the 
teamster headquarters ? 

Mr. Vaughn. Not to my recollection, I sure haven't. 

Mr. Kennedy. You have not ? 

Mr. Vaughn. No, sir, I sure haven't, not that I can remember, in 
any respect. 

Mr. Kennedy, You would remember that, would you not ? 

Mr. Vaughn. The chances are I would, but like I said before, Mr. 
Kennedy, I am under oath and 1 am 

Mr. Kennedy. You do not want to give any definite answers, is that 
right ? 

Mr. Vaughn. Not in res]:»ect to that because I never have been con- 
nected with anything like that and I don't know of anybody that has 
to my knowledge and I just don't remember about it, 

Mr. Kennedy. And these identifications of you by Mr. Schroeder 
and Mr. Winslow, are just a question of mistaken identity, is that 
right? 

Mr. Vaughn. Well, I don't know. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7373 

Mr. Kennedy. Their testimony of identifying you as participating 
in beating them is untrue, is that right ? 

Mr. Vaughn. Yes, sir, I am going to say that because it is, and I 
would like- 



Mr. Kennedy. You were not even present when a fight took place, 
is that right ? 

Mr. Vaughn. No, sir, and I never heard anything about it and I 
do not know anything about it, and I didn't know anything about 
it at all until I read your agenda here, so to speak — the supplemental 
data — and then Winslow and myself were connected in one of those 
little skits like, and I have been racking my brain and everything 
else to try to remember tlie man's name or anything connected with it. 
It is not to my ability. I just don't know. 

Mr. Kennedy. While on a picket line, did you ever take your car 
out and follow any of the trucks and try to pull them over to the side 
or anything like that ? 

Mr. Vaughn. Well 

Mr. Kennedy. I think you had better consult with your attorney. 
I do not know whether you had better leave and have another talk 
with him. You do not want to lie before the committee. 

Mr. Vaughn. Mr. Kennedy, I do not intend to lie and I certainly 
appreciate you offering me that opportimity. 

Mr. Kennedy. Thank you, Mr. Vaughn. 

Mr. Vaughn. I was just trying to think how many times I have 
been out behind those trucks because I definitely have, but just one 
minute, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. In respect to following trucks, we have in the past 
in the course of picketing trucks, we have followed them and picketed 
them wherever they stopped on the street or in the alley or anywhere. 

Mr. Kennedy. That is a usual procedure that you follow ? 

Mr. Vaughn. Well, I wouldn't say it is a usual procedure, but you 
asked me if I had followed these trucks and I was trying to truth- 
fully answer the question. 

Mr. Kennedy. That you have ? 

Mr. Vaughn. Yes, sir. 

Mr. Kennedy. Now, after you followed them, did you ever pull 
up alongside and try to pull them over to the side of the road? 

Mr. Vaughn. I don't recall ever attempting to do that. It may 
have been misconceived or something, but I just don't believe I did, 
and I just wouldn't say here that I did. 

Mr. Kennedy. What is your answer, yes or no ? 

Mr. Vaughn. I am just not going to positively say. 

Mr. Kennedy. You do not want to say anythinfr positive about 
that? " ^ 

Mr. Vaughn. I don't know for sure. That is right. I am going to 
take your recommendation liere and I am going to take a little short 
recess and talk to counsel, if you don't mind. 

Mr. Kennedy. Are you ? 

Mr. Vaughn. Yes. 

The Chairman. The committee will be in recess for 3 minutes. 

(Brief recess.) 

The Chairman. jNIr. Policeman, will you tell Mr. Vaughn that his 
presence is desired ? 



7374 IMPROPER ACTIVITIES IN THE LABOR FIELD 

The committee will come to order. Resume, Mr. Kennedy. 

Mr. Kennedy. Would you read him the last question ? 

(The pending question is as follows: "While on a picket line, did 
you ever take your car out and follow any of the trucks and try to 
pull them over to the side of the road ?") 

Mr. A^vuGHN. No, sir; I never did. 

Mr. Kennedy. You never did anything like that ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. Wliat would you do, just follow behind them? 

Mr. Vaughn. Just stay close enough to see where they were going 
because it was just a case of when a truck stopped, to be there with a 
picket line. 

Mr. Kennedy. You would be there with a picket but you would 
never go alongside ? 

Mr. Vaughn. No. 

Mr. Kennedy. You never do anything like that ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You never yell at the driver ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. Or swear at the driver ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. Nothing like that or threaten the driver ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You would not do anything like that ? 

Mr. Vaughn. I just said, let us put it this way, that I don't re- 
member ever doing it. 

Mr. Kennedy. You do not remember doing it. Do you think it is 
possible you might have done some of that ? 

Mr. Vaughn. Do you mean swearing at the people and all, while I 
was riding along beside them in my car ; no, sir. 

Mr. Kennedy. None of that ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. Do you remember in the Keith-Simmons Co., when 
you were having some difficulties with that company ? 

Mr. Vaughn. Well, I remember all of the litigation and the strike. 
I mean I remember something about all of those things that transpired 
over a 2- or 3-year period or something like that. 

Mr. Kennedy. I am thinking of 1955, the middle of 1955. Do you 
remember the Keith-Simmons Co. ? 

Mr. Vaughn. Yes, sir. 

Mr. Kennedy. Did you participate in that strike ? 

Mr. Vaughn. Not any more than just being the business repre- 
sentative that might drop by and visit with a picket or something 
like that. 

Mr. Kennedy. You just visited with the pickets ? 

Mr. Vaughn. I don't remember ever directly participating in any 
respect. 

Mr. Kennedy. You never followed any of their trucks ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You never tried pull their trucks over to the side? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. You never did anything like that ? 

Mr. Vaughn. No, sir. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7375 

Mr. Kennedy, And if anybody said you did, they were mistaken, 
just like Mr. Schroeder and Mr. Winslow ; is that right ? 

Mr. Vaughn. I believe so ; yes, sir. 

Mr. Kennedy. Here is an affidavit, Mr. Chairman. 

The Chairman. I have an affidavit from. Paul J. Gregory, and the 
affidavit may be printed in full in the record at this point and I will 
read you the pertinent parts of it. 

(The affidavit is as follows :) 

I, Paul J. Gregory, who reside at 1810 Acklen Avenue, Nashville, Tenn., freely 
and voluntarily make the following statement to .Tames Mc Shane, who has 
identified himself to me as a member of the staff of the United States Select 
Committee on Improper Activities in the Labor or Management Field. 

No threat, force, or duress has been used to induce me to make this statement, 
nor have I received any promise of immunity from any consequences which may 
result from submission of this statement to the aforementioned Senate select 
committee : 

I have been employed by Keith-Simmon, Inc., for the past 12 years, holding 
various positions. At the present I am warehouse superintendent. During the 
period of July 18, 1955, until July 7, 1956, my employer, Keith-Simmons, and 
teamster local 327 in Nashville, were involved in a labor dispute. 

On September 2, 1955, I left the warehouse and drove in my automobile toward 
the county courthouse here in Nashville. As soon as I left, "Red" Vaughn got 
into his car and chased me. About one and a half blocks away, he attempted to 
cut me off, but was not successful. He then pulled his car into the wrong lane 
of traffic and came up alongside my car and started to curse and abuse me, and 
wanted me to get out of my car and fight him. 

As the traffic light turned green, I continued on my way, making a right-hand 
turn at the intersection. Vaughn continued on across the intersection, pulled 
up at the right-hand curb and stopped. I proceeded toward the county court- 
house without further incident. 

I have read the foregoing statement and to the best of my knowledge it is 
true and correct. 

(Signed) Paul J. Gregory. 

Witnesses : 

LaVern J. Duffy. 
James McShane. 

Sworn to and subscribed before me this 31st day of July 1957. 

(Signed) Nettie F. Kinsey. 
My commission expires Novem"ber 29, 1960. 

Mr. Kennedy. Now, you were in charge of the Wliitley Cab Co. 
strike? 

Mr. Vaughn. Just one minute. Could I have an opportunity to 
deny all of that? 

Mr. Kennedy. I think you have a^lready denied it. 

The Chairman. Is that affidavit true or false ? 

Mr. Vaughn. It is false in all, in whole. 

The Chairman. The whole thing is false ? 

Mr. Vaughn. As far as I am concerned, yes. 

Mr. Kennedy. Now we have Mr. Schroeder, Mr. Winslow, and Mr. 
Gregory, all giving false testimony to the committee. Tell us about 
Mr. "VVliitley. Did you conduct that strike at the AVhitley Cab Co. ? 
Were you involved in it at all ? 

Mr. Vaughn. I was in some of it and I was there part of the time, 
yes, sir. 

Mr. Kennedy. Now, Mr. Whitley has testified to the fact that the 
representatives of the union would come up and scare the passengers 
in his cars and then scare his drivers, and pull up in front of them and 



7376 IMPROPER ACTIVITIES EST THE LABOR FIELD 

stop their cars suddenly so that the cabs would have to stop. Did you 
know anything about that ? 

Mr. Vaughn. Your question is that he has testified that representa- 
tives of the union have done these alleged things ? 

Mr. Kennedy. I will get to more specific things later, but now just 
representatives of the union and I am asking you as a business agent 
if you knew anything about that ? 

Mr. Vaughn. I don't remember anything like that happening, no, 
sir. 

Mr. Kennedy. You would know, would you not, you would remem- 
ber it and it is not that long ago. And you would know if it took 
place, would you not ? 

Mr. Vaughn. Well, I don't know anything about that. I just don't 
recall if it did. Those cabs cover a lot of territory. 

Mr. Kennedy. Do you know from your own personal knowledge or 
from what any of your fellow teamster officials or fellow teamsters 
told you, whether that sort of practice was taking place ? 

Mr. Vaughn. I just don't recall it at all, and I don't recall. 

Mr. Kennedy. You cannot remember that. 

Mr. Vaughn. I don't remember any kind of conversation like that, 
no, sir. 

Mr. Kennedy. Do you think it might have taken place? Do you 
think these kinds of things might have taken place ? 

Mr. Vaughn. I just could not say. 

Mr. Kennedy. Did you ever participate in anything similar to this 
at all, yourself ? 

Mr. Vaughn. Excuse me a moment. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I don't recall if I ever did, no, sir. I sure don't. 

Mr. Kennedy. This is not a question of recalling. You would 
know that. I am not asking about a conversation. I am asking you 
whether you ever participated yourself in the harassment of the 
drivers from the TVliitley Cab Co. ? 

Mr. Vaughn. Well, like I said before, I just don't recall and I just 
don't feel like since that has been such a long time ago, and so much 
water has been under the bridge, that I could sit here and be under 
oath and testify. 

Mr. Kennedy. You cannot tell the committee, or you want to leave 
the record that you cannot tell the committee or deny to the commit- 
tee that you participated in the harassment of drivers and the harass- 
ment of the people that were driving in the cabs. 

Mr. Vaughn. Mr. -Ivennedy, I don't want to deny any nor admit it. 

Mr. Kennedy. You want to say you don't remember ? 

Mr. Vaughn. I want to say that I certainly do not recall it if it 
has happened. 

Mr. Kennedy. Well, it is 1955. That is not too long ago and don't 
you frown on that kind of practice, Mr. Vaughn, or do you ? 

Mr. Vaughn. Well, your question is covering a lot of ground. 

Mr. Kennedy. Let me just ask you, and this does not cover a lot 
of ground and I want to ask your personal opinion. Do you approve 
or disapprove of that kind of practice, as a business agent of the 
teamsters ? 

Mr. Vaughn. Of hazing the people ? 



IMPROPER ACTIVITIES IN THE LABOR FIEiiD 7377 

Mr, Kennedy. And the harassment of the drivers, following them 
and stopping suddenly in front of them and that type of thing. 

Mr. Vaughn. Just excuse me a moment, please. 

Mr. Kennedy. You can turn to your attorney for legal advice. Is 
that what you are doing ? 

Mr. Vaughn. Yes, sir. 

Mr. Ivennedy. You want to get legal assistance ? I see. All right. 

(The witness conferred with his counsel.) 

Mr. IvENNEDY. Consult with him if you want to get legal assistance. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I believe your question was, did I approve or dis- 
approve ? 

Mr. Kennedy. Yes. 

Mr. Vaughn. I don't necessarily approve of it and I don't neces- 
sarily disapprove of it. I don't recall ever doing it myself and 

Mr. Kennedy. For the last 10 minutes you have not given any 
straightforward answers, Mr. Vaughn. Everything has been quali- 
fied and now you don't even know whether you approve of these acts 
of harassment. And now you don't recall whether you participated 
in them. 

Mr. Vaughn. Well, that is right, I just don't recall whether I have 
or not. 

Mr. Kennedy. Your memory seems to have disappeared. 

Mr. Vaughn. No ; I still have my memory. But remembering spe- 
cific instances and what have you 

Mr. Kennedy. I am not asking you specific instances. I will get 
to that. But I just want to ask you generally first. Do you approve 
of your business agents hitting drivers over the head with motorcycle 
chains ? How about that ? Do you want to consult with your attor- 
ney? 

(The witness conferred with his counsel.) 

Mr. Kennedy. Will the record show that he wants to consult with 
his attorney on that. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I want you to ask me the question again, please. 

The Chairman. Eead the question to the witness, please. 

(The pending question was read by the reporter.) 

]\Ir. Vaughn. I would like to claim my constitutional rights not to 
be forced to be a witness against myself. 

Mr. Kennedy. On sometliing like that ; is that right ? 

The Chairman. Well, we have testimony here that one of those 
drivers was beaten up with a motorcycle chain. Now, that is growing 
out of this union dispute. Do you approve of it or disapprove of it ? 

Mr. Vaughn. Excuse me, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. Proceed. 

Mr. Kennedy. Did you ever participate in that kind of a beating 
yourself ? 

Mr, Vaughn. I claim my constitutional rights not to be forced to be 
a witness against myself. 



7378 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. You do not want to tell the committee whether you 
participated in the beating of a man with a motorcycle chain; is that 
rio-ht? 

]\[r. Vaughn. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. What kind of an organization of goons do they 
have down there in this thing? How many of you are in it? Can 
you tell us the number ? 

Mr. Vaughn. Excuse me. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Is it an organized group or are they under your 
direction as business agent ? 

Mr. Vaughn. I claim my constitutional right not to be a witness 
against myself. 

The Chairman. Go ahead. 

(Members of the select committee present at this point in the pro- 
ceedings: Senators McClellan, McNamara, and Curtis.) 

The Chairman. Go ahead, INIr. Kennedy. 

Mr. Kennedy. We have had some testimony before the committee 
dealing with that event. ]\Ir. Dicicco testified that he was beaten on 
the head with a motorcycle chain when two people got in his taxicab. 
Then these men ran, Mr. Vaughn, they ran, after he turned around 
and recovered consciousness, they ran and he chased them. He iden- 
tified Mr. Vauglm's car, as the car they got into. 

(^an you tell us about that? 

Mr. Vaughn. I claim my constitutional right not to be forced to 
be a witness against mj-self . 

Mr. Kennedy. Why did you go to beat Mr. Dicicco ? 

Mr. Vaughn. Counsel, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to be 
a witness against mj^self . 

Mr. Kennedy. You testified earlier that you never participated, nor 
never knew, about any violence or any beatings of anyone while you 
were with the teamsters. 

Do you want to change that testimony ? 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to be 
a witness against myself, 

Mr. KJENNEDY. In fact, you were present when Mr. Robert '^^^litley 
was beaten, were you not, the brother of the owner of the Whitley 
Cab Co.? That is another matter. Were you not present when he 
was beaten ? 

(The witness conferred with his counsel.) 

Mr. Vaughn. I clam my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. I don't understand how you started out so definitely 
and told the committee you were going to answer all of these ques- 
tions. You started answering them all, and now suddenly you start 
hiding behind the fifth amendment, ^Nlr. Vaughn. I don't under- 
stand that. You don't want to tell us anything about when Mr. 
Whitley was beaten up by Mr. Canaday ? 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7379 

Mr. Vaughn. Let me consult my counsel. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Are you not proud of your position here, of being 
asked if you beat up people with chains, and so f orth ^ Then you 
take the position that you can't say that you did it, or why you were 
justified in doing it? Are you proud of that position you are taking? 

Mr. Vaughn. Excuse me just one minute. 

(The witness conferred with his counsel.) 

Mr, Vaughn. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Did you actually run after you hit him ? You look 
big and husky. I just wonder whether you really got the courage 
to fight or not, unless you have all the advantages. 

Mr. Vaughn. May I consult with counsel? 

The Chairman. Yes, you better. 1 will give you time to consult 
with him. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. I just want to go back to this Schroeder incident. 

Do you know Mr. Ewing King, of the local ? 

Mr. Vaughn. Yes. 

Mr. Kennedy. You do know him. Do you know if he had any 
conversations with Mr. Schroeder regarding the time Mr. Schroeder 
was beaten ? 

Mr. Vaughn. No, sir, I sure don't. 

INIr. Kennedy. You don't know anything about that ? 

Mr. Vaughn. No, sir. 

Mr. Kennedy. Do you know Mr, Ewing King, representing the 
union, came to Mr. Schroeder and said that the teamsters union would 
be willing to pay his medical bills, as long as he wouldn't prosecute? 
Do you deny that you knew that ? 

Mr. Vaughn. Just a minute, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I didn't know anything about it, and still don't. 

Mr. Kennedy. Do you deny that you knew anything about Mr. 
King visiting Mr. Schroeder and telling him that the teamsters would 
be willing to pay his medical bills as long as he did not prosecute in 
this case? 

Mr. Vau(;hn. As far as I know, I don't know anything about it. I 
just don't remember ever hearing anything about Ewing King going 
to anybody and talking to them in that manner. 

Mr. Kennedy. You don't remember it? 

Ml-. Vaughn. I would like to say that I just don't have the infor- 
mation here to say that I did know anything about it. I don't. 

The Chairman. You have your memory. 

Mr. Vaughn. Yes, but I 

Mr. Kennedy. It is not working very well ? 

Mr. Vaughn. Excuse me just one moment, please. 

(The witness conferred with his counsel.) 



7380 IMPROPER AcnvmEis in the labor field 

Mr. Vaughn. I just don't know anything about it. Mr. Kennedy. 
I sure don't. 

The Chairman. Go ahead. 

Mr. Kennedy. So, you were Avilling to answer all the questions 
up to the time that we came to the point of you beating somebody 
over the head with a motorcycle chain from behind; is that right? 
All the other questions you would answer ? 

Mr. Vaughn. Just 1 minute, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Mr. Chairman, I would like to call Mr. Schroeder 
back for a moment. 

The Chairman. Mr. Schroeder, come back, please. 

TESTIMONY OP LYNN M. SCHROEDER— Resumed 

Mr. Kennedy. Mr. Schroeder, I would like you to look once again 
at Mr. Vaughn. Did he participate or was he present at the time you 
were beaten ? 

Mr. Schroeder. He was present at the time I was beaten. 

Mr. Kennedy. And he and three other people were present when 
you and your companion were beaten ; is that right ? 

Mr. Schroeder. There were six in the group. 

Mr. Kennedy. He was one of those that you could identify? 

Mr. Schroeder. He was one of the group. 

Mr. Kennedy. There is no question in your mind ? 

Mr. Schroeder. No question in my mind. 

Mr. Kennedy. And his testimony that he was not present is not 
correct ; is that right ? 

Mr. ScHROFJ)ER. His testimony that he doesn't know me, never has 
seen me, that is untrue, for this reason: They had the picket-line 
shelter on my lot for a number of weeks. 

The Chairman. Did you see him there a number of times ? 

Mr. Schroeder. Yes ; I had. 

The Chairman. And he has seen you ? 

Mr. Schroeder. He has seen me. 

The Chairman. You couldn't be mistaken, then, when he was beat- 
ing you up ? 

Mr. Schroeder. No. 

The Cpiairman. You know who it was ? 

Mr. Schroeder. I know who it was. 

Mr. Kennedy. Were you approached afterward by any representa- 
tives of the teamsters that they would pay your medical bills? 

Mr. Schroeder. I was approached by one of the pickets and by 
Mr. King. 

Mr. Kennedy. Could you tell the conversation that you had about 
that? 

Mr. Schroeder. Mr. King came to me and said I was the wrong 
fellow that got beaten up. 

Mr. Kennedy. Said you were the wrong fellow that got beaten up ? 

Mr. Schroeder. Yes. And, also, if I lost any time, or anything, or 
had any hospital bills, that the union would take care of me. 



IMPROPER ACTIVITIES IN THE LABOR FIEIiD 7381 

Mr. Kennedy. Did he say anything about prosecuting the case ? 

Mr. ScHROEDER. No ; because we hadn't been taken down to the 
police department. 

Mr. Kennedy. Did he ask about that, whether you had been taken 
down ? 

Mr. ScHROEDER. No ; he didn't. 

Mr. Kennedy. But he said that the teamsters would take care of any 
medical bills or any loss that you might incur from not being able to 
work ; is that right ? 

Mr. Schroeder. That is right. 

Mr. Kennedy. And that was Mr. King? 

Mr. Schroeder. Mr. King. 

Mr. Kennedy. And you were also approached by a picket, a 
teamster picket ? 

Mr. Schroeder. By Shorty Richards, who was on the picket line. 

Senator McNamara. Were the bills, in fact, paid by the teamsters 
union ? 

Mr. Schroeder. ^N'o. 

Senator McNamara. "Were you reimbursed in any manner by the 
teamsters ? 

Mr. Schroeder. Well, I didn't go and see a doctor. 

Senator McNamara. You didn't have any expense ? 

Mr. Schroeder, I didn't have any expense. 

Senator McNamara. All right. 

Mr. Kennedy. Mr. Winslow, would you come forward? 

TESTIMONY OF HAROLD A. WINSLOW— Resumed 

Mr. Kennedy. Would you look at Mr. Vaughn again and would you 
tell the committee whether you are sure that Mr. Vaughn was present 
at the time that this beating was administered to you ? 

Mr. Winslow. He was present and knows something about it. 

Mr. Kennedy. But there is no question in your mind that he was 
present ? 

Mr. Winslow. No question in my mind that he was present. 

Mr. Kennedy. That he was present ? 

Mr. Winslow. That he was present. 

Mr. Kennedy. That is all. 

TESTIMONY OF RALPH G. VAUGHN— Resumed 

Mr. Kennedy. You still deny both of these ? 

Mr. Vaughn. I certainly do. I just don't know one of these fellows. 
If this other, Mr. Schroeder, says that I know him and he knows me, 
I don't recollect ever meeting him at all. I want to implicitly deny 
any connection whatsoever with those particular instances that they 
are talking about. 

Mr. Kennedy. I would like to summarize your testimony. You 
started off by saying that you never had any information about any 
beatings. Your testimony conflicts with 3 different individuals, the 
sworn testimony of 2 individuals and an affidavit from a third regard- 
ing your activities. 

On the question of beating another individual, and being present 
at the beating of another individual, namely, Mr. Whitley, you have 



7382 IMPROPER ACTIVITIES m THE LABOR FIELD 

taken the fifth amendment. On the beating of a man with a motorcycle 
chain from behind, you have taken the fifth amendment, and, on the 
other acts of violence, yon have said that you cannot remember, your 
memory has failed you. I don't think that is a great record, Mr. 
Vaughn, to say the least. 

Senator Curtis. Mr. Chairman, I would like to have Mr. Kenneth 
Whitley come up here. I want to ask him something before Mr. 
Vaughn leaves the witness stand. 

TESTIMONY OP KENNETH M. WHITLEY— Kesumed 

Senator Curtis. Mr. Whitley, you testified previously about an 
assault against you ? 

Mr. Whitley. That is right. 

Senator Curtis. And Mr. Canaday was arrested for it ? 

Mr. Whitley. That is right. 

Senator Curtis. He was found guilty ? 

Mr. Whitley. Yes. 

Senator Curtis. You were present in court when he was tried ? 

Mr. Whitley. Yes. 

Senator Curtis. Where was that court held ? 

Mr. Whitley. A county court, in Nashville. 

Senator Curtis. About when? 

Mr. Whitley. Around the 1st or the middle of December. 

Senator Curtis. Mr. Vaughn, the gentleman sitting over there at 
the witness table, did he appear in court that day ? 

Mr. Whitley. He did. 

Senator Curtis. He was a witness for Mr. Canaday ? 

Mr. Whitley. That is right. 

Senator Curtis. Did you hear his testimony ? 

Mr. Whitley. Yes, sir. 

Senator Curtis. Did he testify that he was present and testify as 
to what happened ? 

Mr. AViiitley. Yes, sir. 

Senator Curtis. Mr. Chairman, I wish to point out that earlier 
today I asked ]\Ir. Vaughn if he was ever present when Mr. Canaday 
beat anybody or had any fight, and he categorically denied it. Now 
we find tliat he was in court and testified in behalf of Mr. Canaday 
in reference to a situation where Mr. Canaday was convicted. 

I have no further questions of this witness. 

TESTIMONY OF EALPH G. VAUGHN— Resumed 

The Chairman. What do you want to say about it? You were in 
court, were you not ? 

Mr, Vaughn. Excuse me, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I am of the opinion througli counsel that I have 
testified, or at least I had said in reference to the question about ^Iv. 
Whitley liere, that I stood on my constitutional rights in not being 
forced to be a witness against myself. 

^ The Ciiair:man. You were not standing on your constitutional 
rights when you went down there and testified in behalf of Canaday. 
Did you go down there and testify in behalf of Canaday ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7383 

Mr. Vaughn. Excuse me just a minute, please. 

(The witness conferred with his coinisel.) 

Mr. Vaughn. If I testified like the Senator said there, I must have 
misunderstood his question, and I would still like to claim my consti- 
tutional rights on all questions surrounding this witness. 

The Chairman. You don't want to admit you beat him up, or were 
present and participated in it ? Is that it ? 

Mr. Vaughn. Excuse me, please. 

(The witness conferred with his counsel.) 

Mr. Vaughn. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. Kennedy. That is all. 

Senator Curtis. I want to ask you this: As business manager of 
this local union, do you know whether or not funds of that union 
were used to buy dynamite ? 

Mr. Vaughn. Senator, I am not the business manager. I don't 
have any control over any of the money. That is all I know about it. 

Senator Curtis. Regardless of what 3^our duties are, do you know 
whether or not the union purchased dynamite ? 

Mr. Vaughn. I would like to consult counsel. 

(The witness conferred with his counsel.) 

Mr. Vaughn. As I stated here before what my duties were, and my 
duties didn't include handling any of those finances, to my knowl- 
edge I don't know of money being spent 

Senator Curtis. I don't care about duties involving finances. Did 
the union buy dynamite ? 

Mr. Vaughn. To my knowledge they did not. 

Senator Curtis. They never have ? 

Mr. Vaughn. To my knowledge, no, sir. 

Senator Curtis. Did they ever buy sirup ? 

Mr. Vaughn. To my knowledge, no, sir. 

Senator Curtis. To your knowledge, what do you mean ? 

Mv. Vaughn. Well, I am just saying I don't have any — I never 
have had any access to anything that indicated that they did. 

Senator Curtis. Do you know of any individual who purchased 
sirup or dynamite for the union? 

Mr. Vaughn. No, sir. I sure don't. 

The Chairman. Did you submit any bill to the union to reimburse 
you for dynamite or for sirup ? 

Mv. Vaughn. No, sir ; I never have. I sure haven't. 

Senator McNamara. Mr. Chairman? 

The Chairman. Senator McNamara. 

Senator McNamara. Do I understand you are the business man- 
ager for local 247 ? 

Mr. Vaughn. The local is 327, but I am not business manager. I 
am assistant to the business manager along with 7 or 8 other fellows. 

Senator McNamara. Then you were not elected as business man- 
ager ? 

Mr. Vaughn. No, sir; I Avas hired by the president and business 
manager with the approval of the general executive board. 

Senator McNamara. Your term of office doesn't run for any speci- 
fied time ? 

89330— 58— pt. IS 22 



7384 IMPROPER ACTivrriEis est the labor field 

Mr. Vaugiex. Not as a business agent ; no, sir. 

Senator McNamara. They can replace you at will. Is that the 
situation ? 

Mr, Vaughn. As far as a business representative ; yes, sir. But — 
excuse me just 1 minute, would you please? I would like to consult 
counsel. 

(The witness conferred with his counsel.) 

Mr. Vaughn. To the best of my knowledge, I am subject to being 
discharged ; yes, sir. 

Senator McNamara. Mr. Vaughn, would you know whether or not 
your local is under trusteeship from the international office ? 

Mr. Vaughn. Excuse me just a minute. 

(The witness conferred with his counsel.) 

Mr. Vaughn. According to my knowledge, sir, we are operating 
under local autonomy and have been since 1952. 

Senator McNamara. Before you became an assistant business man- 
ager of the local, were you a truckdriver ? 

Mr. Vaughn. Yes, sir. 

Senator McNamara. For how many years ? 

Mr. Vaughn. Well, I was a driver for 17 or 18 months, and then, 
like I said before, I didn't drive, and then I drove — I didn't drive 
for about 17 or 18 months or a couple of years, and then I started back 
to driving, and I had about 5 or 5i/> years' seniority at this company 
when I went to work for the union. 

Senator McNamara. You have been driving for .5 or 6 years total ? 

Mr. Vaughn. Well, yes. A little longer than that. 

Senator McNamara. That is all. 

The Chairman. Is there anything further? 

The Chair will announce that the transcript of this testimony here 
today, particularly that part with respect to Mr. Vaughn, Mr. Whit- 
ley, Mr. Winslow, and others whose testimony may be in conflict, 
will be sent tomorrow, as soon as this record can be transcribed, to 
the Department of Justice. I have said heretofore in these in- 
stances that sometimes it is difficult, we may have to pursue the mat- 
ter further, but here is one where it is absolutely and diametrically 
in conflict, 3 witnessses or 4 against 1. Somebody is perjuring him- 
self. We have all kinds of liars and perjurers who come before us. 
Some are experts and some are amateurs. But this is an instance 
where it is perfectly clear beyond a peradventure of doubt. Perjury 
has been committed before this committee. 

Those are the. orders of the Chair. Get the transcript as promptly 
as you can. 

This is one case where I think the Justice Department can act 
immediately. 

The committee will stand in recess until 10 : 30 in the morning. 

(Thereupon, at 4:45 p. m., the committee recessed, to reconvene 
at 10 : 30 a. m., Wednesday, December 11, 1957. ) 

(Members of the select committee present at the taking of the 
recess were : Senators McClellan, McNamara, and Curtis.) 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



WEDNESDAY, DECEMBER 11, 1957 

United States Senate, 
Select Committee on Improper Activities 

IN THE Labor or Management Field, 

Washington, D. C. 

The select committee reconvened at 10 : 30 a. m., pursuant to 
Senate Resolution 74, agreed to January 30, 1957, in the caucus room, 
Senate Office Building, Senator John L. McClellan (chairman of the 
select committee) presiding. 

Present : Senator John L. McClellan, Democrat, Arkansas ; Senator 
Pat McNamara, Democrat, Michigan; Senator Carl T. Curtis, Re- 
publican, Nebraska. 

Also present : Robert F. Kennedy, chief counsel ; LaVern J. Duffy, 
investigator; James P. McShane, investigator; Ruth Y. Watt, chief 
clerk. 

The Chairman. The committee will be in order. 

(Members of the committee at the convening of the session : Senators 
McClellan and Curtis. ) 

The Chairman. Call the next witness. 

Mr. Kennedy. Mr. Perry Canaday. 

The Chairman. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Canaday. I do. 

TESTIMONY OF PERRY H. CANADAY, ACCOMPANIED BY HIS 
COUNSEL, CECIL D. BRANSTETTER 

The Chairman. State your name, your place of business, and your 
business or occupation. 

Mr. Canaday. My name is Perry H. Canaday, I live at 507 Joseph 
Avenue, Nashville, Tenn. Assistant business agent of local 327. 

The Chairman. Do you have counsel, Mr. Canaday ? 

Mr. Canaday. I do, sir. 

The Chairman. Let the record show that the same counsel appear- 
ing todav for Mr. Canaday appeared yesterday for Mr. Vaughn and 
Mr. Smith. 

Mr. Kennedy. You are an assistant business agent, is that right ? 

Mr. Canaday. Assistant business agent, yes. 

Mr. Kennedy. How long have you held that position ? 

Mr. Canaday. May I talk to my counsel ? 

(Tlie witness conferred with his counsel.) 

7385 



7386 IMPROPER ACTIVITIES IN" THE LABOR FIELD 

Mr. Canaday. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Even for how long you have been a business agent 
for the teamsters. 

Mr. Canada Y. I claim my constitutional rights not to be forced to be 
a witness against myself . 

The Chairman. What is there about that union down there that 
makes you all asliamed of it? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Are you ashamed of it? 

Mr. Canaday. I claim my constitutional rights not to be forced 
to be a witness against myself. 

The Chairman. All right. Proceed. 

Mr. Kennedy. Now, Mr. Chairman, we have according to some 
direct testimony before the committee, Mr. Canaday involved in a 
number of assaults and a number of siruping of trucks. Specifically 
we have you involved, and you have been identified as participating 
in the beating with two other men of Mr. Lynn Schroeder. 

Could you tell the committee about that? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. There were 2 other people other than yourself that 
were there, and beat this man? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. That one of you held the man's hair back, and the 
other one beat him around the face and in the body ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Do you take any pride in a gang of thugs going 
around beating up a little fellow like that, when he is helpless and 
defenseless ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Senator Curtis. I would like to ask Mr. Canaday, there is at least 
one of these offenses where you have already been tried and sentenced. 
There is no possible chance that you could incriminate yourself. Will 
you tell us about that case? 

Mr. Canaday. May I talk to my counsel ? 

(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced 
to be a Avitness against myself. 

Senator Curtis. Do you expect to give us any evidence in reference 
to labor matters in the Tennessee area? 

Mr. Canaday. May I talk to my lawyer, please? 

(The witness conferred with his" counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Tliat same amendment to the Constitution also says 
that you cannot be tried for the same offense twice. So Senator 
Curtis was asking you, I believe, about the felonious assault on 
James T. Bruce, on which you were convicted, I believe? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7387 

Mr. Canaday. May I talk to my counsel? 

(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. There must be something about this. You go 
around and beat people up. If you have already been tried and con- 
victed on one instance — if there is any justification for this violence, 
certainly you are the people to give us the information. 

If you take this position, I can only assume, and I am sure the public 
will assume, that you are nothing but a gang of thugs. You want that 
impression going abroad? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a Avitness against myself. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. Kennedy. In addition to the assault on Lynn Schroeder, with 
two other men, we also have him assaulting another man under wdiich 
he is under indictment and I won't go into that at this time, but he 
has been convicted of the assault on James T. Bruce. That is the 
third matter. 

Then tliere is an assault in December of 1954 on Kenneth Whitley, 
of which he was convicted and fined $10. 

Is that correct ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Was that part of the functions of an assistant busi- 
ness agent for that local, to go around beating people up? Did you 
have some companions with you ? 

Mr. Canaday. May I talk to my lawyer ? 

(The witness conferred with his counsel.) . 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Mr. Chairman, we have here an affidavit from an- 
other individual, who was beaten up by Mr. Canaday. 

The Chairman. Do you know Jack P. Wehby ? 

Mr. Canaday. May t talk to my counsel ? 

The Chairman. Yes, ask him if you know him. 

(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. He claims he knows you. 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The CiiAiRjiAN. Well, I will read the body of the affidavit, and the 
formal parts I will omit and the affidavit will be printed in the record 
in full. 

Affidavit 

I, WiUiam E. Wehby, who reside at 201.5 Bernard Circle, Apartment 2. Nash- 
ville, Tenn., freely and voluntarily make the following statement to LaVern J. 
Duffy, who has identified himself to me as a member of the staff of the United 
States Senate Select Committee on Improper Activities in the Labor-Management 
Field. No threat, force, or duress has been used to induce me to make this 
statement, nor have I received any promise of immunity from any consequences 
which may result from submission of this statement to the aforementioned 
Senate select committee. 



7388 IMPROPER ACTIVITIES IN THE LABOR FIELD 

My father, Jack P. Webby, Sr., owns and operates the Webby-Mobawk Motor 
Lines located in Nasbville, Tenn. Tbe employees of tbe company, witb the 
exception of tbe office workers, bave been members of tbe teamsters union bere 
in Nasbville since 1945. 

During tbe year 1955 I was in cbarge of tbe maintenance shop of Mobawk 
Motor Lines bere in Nasbville. On Marcb 31, 1955, at 11 a. m., wbile working 
in tbe body sbop, I saw Perry Canaday, business agent of tbe teamsters union 
in Nasbville, talking to William J. Mays, a company employee, and Ernest 
McBride, a contractor who was in tbe sbop at tbe time. 

I walked up to Mr. Canaday and asked bim if be would mind carrying out 
bis discussion witb tbe two men in the drivers' room. Canaday turned around, 
made tbe remark, "It seems every time I come around bere you get nervous and 
scared." I simply said there was nothing to be nervous about. Suddenly, with- 
out wai'uing, Canaday swung at me and bit me in the face with bis fist. Tbe 
blow knocked me off balance and Canaday then attempted to jump on me. About 
this time Mr. McBride, who witnessed the assault, stepped in and Canaday made 
the remark, "You might be able to whip me, but there will be a dozen more here 
shortly to help me." 

That is the way you do it, is it ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 
The Chairman (reading) : 
Canaday then withdrew through tbe rear door of the sbop. 

Do you remember that ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 
The Chairman (reading) : 

After the assault I w^ent immediately across the street and told my brother, 
Jack Webby, what had happened and he called the sheriff's office. My brother 
and I then started back across the street toward tbe maintenance shop when a 
car drove up and stopped. Canaday, W. A. Smith, and C. B. Richardson, who 
were also members of the teamsters union, got out of tbe car and walked to- 
ward us. 

W. A. Smith, acting as spokesman, was quite angry and began swearing. My 
brother, Jack, then made tbe remark that if Smith wanted to discuss the situa- 
tion they could do it inside in tbe office. Tbe entire group then went into my 
brother Jack's office. While in the office W. A. Smith acted very belligerent 
and attempted to instigate a brawl. 

My brother. Jack, went back to bis desk and said be was going to make notes 
of what was going on. About this time the sheriff's patrol arrived. I pro- 
ceeded to tell tbe two officers exactly what had happened, also that I wanted 
Mr. Canaday arrested. At this point Smith made the remark to me, "You are 
getting pretty brave." He then swore at me in tbe presence of the officers. 

One of the officers advised me that I would have to go down to tbe courthouse 
and swear out a warrant before they could arrest Canaday. Canaday, Smith, 
and Richardson left shortly thereafter, and within a few minutes the police 
officers also left tbe premises. 

Within a couple hours I contacted my attorney, Mr. Wbitworth Stokes, now 
deceased, and told bim exactly what happened. He advised me to swear out a 
warrant against Canaday, which I proceeded to do. 

Prior to the case against Canaday being beard in tbe local courts, I again 
talked to my attorney, Mr. Stokes, on tbe telephone. He advised me that be bad 
talked to Mr. J. Carlton Loser, the attorney general in Nasbville, about the 
incident, and bad been told that Mr. Canaday had no previous record and more 
than likely if Canaday were convicted he would not receive anything more than 
a small fine. 

It was not long after this that I was informed by my attorney that Perry 
Canaday had written a letter apologizing for his actions on Marcb 31, 1955. 
However, I have never seen the letter, and I do not know if it was actually 
signed by Canaday or the union. 

Prior to the case against Canaday being tried in tbe local court bere in Nash- 
ville, I decided to withdraw the charges. I withdrew tbe charges primarily 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7389 

because I knew my father had to deal with the teamsters union in the future, 
and they would make it difficult for him and the company if I proceeded against 
one of their business agents. Also, when I was told Canaday would get off with 
a small fine if convicted, I felt it was not worth the effort to go ahead with the 
case. 

I have read the foregoing statement, and to the best of my knowledge it is 
true and correct. 

William E. Wehby. 
Witnesses : 

LaVern J. Duffy. 
Lucy C. Terrell. 

Sworn to and subscribed before me this IGth day of August 1957. 

Evelyn Poyalty, Notary Puhlic. 
My commission expires : February 8, 1958. 

Mr. Kennedy. Mr. Duffy, do you have the police record of Mr. 
Canaday ? 

Mr. Duffy. Yes, sir. 

Mr, Kennedy. Does he have a record ? 

Mr. Duffy. He does. 

TESTIMONY OF LaVERN J. DUFFY— Kesumed 

Mr. Duffy. On January 21, 1946, Canaday was arrested in Nash- 
ville for disorderly conduct and he was fined $5. 

On July 7, 1946, he was arrested for disorderly conduct in Nash- 
ville and the charge was dismissed. 

On July 19, 1948, Canaday was arrested for being drunk on the 
street in Nashville and he was fined $5. 

April 4, 1955, he was arrested for window breaking at the Brad- 
ford barbershop, and also at the Reeds barbershop in Nashville. For 
this Mr. Canaday was convicted and sentenced to 6 months in jail 
and fined $100. He was convicted along with Sam Peters. 

On April 27, 1955, Canaday was arrested for being a drunk, and 
was fined $5. 

On November 28, 1955, Canaday was arrested for felonious con- 
spiracy to commit murder on James T. Bruce. He was convicted 
for this offense, along with Mr. Richardson, and sentenced to 11 
months and 29 days, and fined $1,000. That case is now pending 
before the Supreme Court of Tennessee. 

On December 12, 1954, he assaulted Kenneth Whitley, and he was 
fined $10. We also know that Mi". Canaday assaulted Kenneth 
Draper on September 22 of this year, and that case is currently under 
indictment. 

Mr. Kennedy. Mr. Chairman, we have him associated and tied up 
with five different assaults. 

Is that right? 

TESTIMONY OF PERRY H. CANADAY, ACCOMPANIED BY HIS 
COUNSEL, CECIL D. BRANSTETTER— Resumed 

Mr. Canaday. May I talk to my counsel ? 
(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 



7390 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Kennedy. Why were you hired as a business agent for the 
teamsters in the first place ? 

Mr. Can ADA Y. May I talk to my counsel ? 

(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced 
to be a witness against myself. 

The Chairman. Are you still in the union ? 

Mr. Canaday. I claim my constitutional rights not to be forced 
to be a witness against myself. 

The Chairman. Would that be a witness against yourself to admit 
you are in the union ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Have you ever been expelled from the union ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. You are in good standing? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Have you been given any reward or citation from 
the union for your heroic beating up of people ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Do they issue citations to you when you perform 
something effectively ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. I might point out, Mr. Chairman, that Mr. Canaday 
did go to jail for the throwing of rocks through barbershop windows, 
and while in jail for the 6-month period he was paid by the union, 
according to records that we have. Isn't that right ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. They pay you for serving a jail sentence, out of 
union members' dues ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Is that right? I believe I would be ashamed of 
that, too. 

Mr. Kennedy. Each week his brother went by the union headquar- 
ters and picked up the money in cash, and while in jail this witness 
received, according to the testimony that we have had, preferential 
treatment. 

Is that right? 

Mr. Canaday. May I talk with counsel ? 

(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to, be forced to 
be a witness against myself. 

Mr. Kennedy. Do you know how that was arranged ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Mr. Chairman, in addition to the 5 assaults, the 
breaking of the windows, we also have Mr. Canaday linked to 3 dif- 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7391 

ferent siruping jobs, 1 with W. A. Smith at Monteagle, Teiin., on 
February 28, 1955. Those were trucks of the Johnson Motor Lines. 

Mr. Canaday. I daim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. According to the direct testimony before this com- 
mittee, you were involved in that ; is that correct ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Then we have you tied up with the siruping of 
trucks at the Motorent Co. at Nashville, Tenn. Fourteen trucks were 
siruped on April 20, 1 955. Did you participate in that ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself . 

Mr. Kennedy. And a third siruping with W. A. Smith in the sirup- 
ing of trucks of the Tennessee-Carolina Co. in Nashville, on Novem- 
ber 7, 1954. 

Mr. Canaday. I claim my constitutional riglits not to be forced to 
be a witness against myself. 

]Mr. Kennedy. The records show that 17 different trucks were 
siruped on November 7, 1954, at the Tennessee- Carolina lot. This 
is all direct testimony before the committee. Could you tell us what 
other acts or what other assaults, or what other sirupings, or what 
other slashing of tires and breaking of windows you participated in. 

Mr. Canaday. May I talk to my lawyer ? 

(The witness conferred with his counsel.) 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

INIr. Kennedy. Did you know about or participate in any of the 
dynamitings that took place ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Did you do anv of these acts at the direct orders of 
Mr. Vestal? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. He was the president of the local, was he not, at the 
time ? 

Mr. Canaday. Let me talk to my lawyer. 

(The witness conferred with his counsel. ) 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Were you hired on the basis of the fact you would 
be willing to beat people up if you would join with 3 or 4 other people, 
or you would throw rocks through windows, and sirup trucks, and 
slash tires ? Is that the reason you were hired ? 

Mr. Canaday. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Could you tell the committee who arranged with the 
barbers union for you to break barbershop windows ? 

Mr. Canaday. 1 claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. I want to ask Mr. Duffy, have we made arrange- 
ments for the head of the barber union to come here before the com- 
mittee ? 



7392 IMPROPER ACTIVITIEIS EST THE LABOR FIELD 

Mr, Duffy. Mr. C. C. Sanders was under subpena to appear here 
this morning, and we understand from his doctor that he has had a 
heart attack within recent months and he cannot appear here this 
morning. 

CoukI we have that affidavit inserted in the record when it is made 
avaihible, Mr. Chairman? 

The Chairman. Are you procuring an affidavit from his doctor? 

Mr. Duffy. Yes, saying he is indisposed and he has had a heart 
attack and he could not be here this morning. 

Mr. Kennedy. We have testimony on that. 

The Chairman. If the man is sick, and that is a fact, of course the 
committee would not want to impose upon a sick man, if he is not able 
to come. 

The record may so reflect, that the affidavit from his doctor is on 
file and it is not necessary to publish it in the record. 

That is an affidavit stating that his condition is such that he is not 
able to attend the hearings today. 

Mr. Kennedy. That is all, Mr. Chairman. 

The Chairman. Stand aside and call the next one. 

Do you solemnly swear that the evidence you shall give before this 
Senate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Marston. I do. 

TESTIMONY OF BOBBY H. MARSTON, ACCOMPANIED BY HIS 
COUNSEL, CECIL D. BRANSTETTER 

The Chairman. State your name, your place of residence, and 
your business or occupation. 

Mr. Marston. My name is Bobby H. Marston, 617 Bell Street, 
Nashville, Tenn., and I work for the Wagner Corp., Nashville. 

The Chairman. Do you have counsel this morning ? 

Mr. Marston. I do. 

The Chairman. Come around, Mr. Counsel, if you represent these 
folks. When I excuse one of these, it is not necessary for you to take 
that long walk. 

Let the record reflect the same counsel present. 

Mr. Kennedy. Mr. Marston, have you been doing any work for 
the teamsters union in Nashville, Tenn. ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself, 

Mr. Kennedy. Are you part of this goon squad that has been op- 
erating out of Nashville ? 

Mr. Marston I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. You have been identified already with Mr. Canaday 
and Mr. Red Vauohn in the beating of Lynn Schroeder, during the 
B. «§:■ S. strike in 1955. Is that correct ? 

Mr. Marston. I claim my constitutional rights not to be forced to 
be forced to be a witness against myself. 

Mr. Kennedy. Did you participate in the beating of Mr. Schroeder? 

Mr. j\L\rston, I claim my constitutional right not to be forced to 
be a witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7393 

Mr. Kennedy. Now, according to the testimony of Mr. Schroeder, 
one man held his head back and the other man beat him and then his 
companion beat him, and they knocked him to the gromid and then 
stomped on him. 

Did you participate in those kinds of activities ? 

Mr. INIarston. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Then we have some testimony that in the assault of 
Mr. Rasmussen, on May 26, 1953, you also participated in the assault 
on Mr. Rasmussen. Is that right? 

Mr. Marston. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Once again, you had two com])anions with you, W. A. 
Smith and Red Vaughn, who participated in the beating of Mr. 
Rasmussen ? 

Mr. Marston. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. According to the testimony, this assault was set up 
by Mr. Don Vestal, president of your local ? 

Mr. ]\Iarston. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Who is the captain of this goon squad? Are you 
the captain ? 

Mr. Marston. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. Or are you just a buck private ? 

Mr. Marston. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. In addition to this direct testimony that we have 
on these two assaults, we also have you involved in a number of 
sirupings. 

Did you sirup trucks for the union ? 

Mr. Marston. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Were you siruping the trucks of the Beatrice Food 
Co. in the Nashville area in 1953 ? 

Mr. Marston. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. And then you ^^'ent to Charlotte, N. C, with Sam 
Peters to help organize the Tennessee-Carolina Truck Co. ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you participate in some sirupings in North 
Carolina ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Are all of you goons in good standing down there 
in that local ? 

j\Ir. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. They never take any action against you for these 
offenses, do they ? 



7394 IMPROPER ACTIVITIES TNT THE LABOR FIELD 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Yon never have been expelled, have you ? 

Mr. Marston. I didn't understand that question. 

The Chairman. You never have been expelled from the local, have 
you? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Have you been suspended by the local ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Have you been reprimanded for these acts of 
violence you have been committing by the local ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. I do not think that you have. I think that you 
could say you have not. I think you were hired to do that. 

If I were you, I would be proud of it, if you are as brave as you 
pretend. Are you not proud of it ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Are you ashamed of it ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Go ahead. 

Mr. Kennedy, I want to ask you about another matter. 

On March 19, 1956, you were arrested in Franklin, Ky., for hit-and- 
run driving, and illegal possession of a gun ; is that right ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. The records show that, and the records show that 
you were fined and that your gun was returned to you, is that right? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you encouraged to carry a gun by the teamster 
officials? 

Mr. IMarston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you know it was illegal to carry a gun and you 
could not get a permit in the State of Tennessee? 

Mr. Marston. Let me consult my counsel. 

(The witness conferred with his counsel.) 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. The records show that your fine and your lawyer's 
fees amounted to $455 ; is that right? 

Mr. Marston. I claim my constitutional right not to be forced to 
be a witness against myself 

Mr. Kennedy. Did you pay that out of your own funds, $455 ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. The union would not be condoning you in a hit and 
run, and then carrying a gun, would they ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7395 

Mr. Makston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did the union pay that $455 fee ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. IvENNEDY. Was the money withdrawn from the union and 
charged to organizing expenses ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Is not that correct, that a check for $500 was with- 
drawn, and was turned to cash, and $455 out of this $500 was used to 
pay for your lawyer's fees and for your line for this hit-and-run 
offense, and for carrying a gun ? 

Mr. AIarston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do we have any information on that i 

Mr. Chairman, I w^ould like to ask him about this check. 

The Chairman. Do you know Edward Smith ? 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. I hand you here a photostatic copy of a check dated 
August 20, 1956, made payable to Edward Smith, in the amount of 
$500, which shows it is for organizational expenses and drawn on the 
International Brotherhood of Teamsters, Chauft'eui-s, Warehousemen, 
and Helpers, Local 327, and signed "Edward Smith." 

I will ask you to examine that check and see if you can identify it. 

(A document was handed to the witness.) 

Mr. Marston. May I consult my counsel ? 

The Chairman. All right. 

( The witness conferred with his counsel. ) 

Mr. JVIarston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. I want to ask you something : not what you did with 
that check; that would incriminate you — but is that check taken from 
funds that have to be paid in by workers who have to keep on paying 
and paying into an outfit like yours or lose their jobs ? 

Mr. M^vRSTON, I would like to consult my counsel. 

(The witness conferred with his counsel.) 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. I tliink, of all of the people that have suffered by 
the wrongdoing here, it is the people that have to pay for it and tolerate 
it and have their own reputations damaged by such conduct. I think 
if they had a chance to get out of it, and stop paying for it, they would 
be glad to do so. 

That is all, Mr. Chairman. 

The Chairman. Are there any other questions '^ 

That check may be made exhibit No. 19. 

(Document referred to was marked "P^xhibit No. 19" for reference 
and will be found in the appendix on p. 7505.) 

The Chairman. You did examine the checK, did you ? 

Mr. Marston. May I consult my counsel ? 



7396 IMPROPER ACTIVITIES IN THE LABOR FIELD 

The Chairman. Well, hurry up. 

(The witness conferred with his counsel.) 

Mr. Marston. I looked at the check. 

The Chairman. You have examined it ? 

Mr. JNIarston. I looked at the check. 

The Chairman. You looked at it enough so that you could identify 
it if you wanted to ? 

Mr. Marston. I looked at the check. 

The Chairman. You heard my question. I am ordering you to 
answer. You looked at it sufficiently to identify it if you wanted to ; 
did you not? 

Mr. Marston. Let me consult my counsel. 

The Chairman. Well, hurry. 

(The witness conferred with his counsel.) 

Mr. Marston. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. The check will be made exhibit 19. 

Mr. Kennedy. Now, Mr. Chairman, this clieck was made out to 
Ed Smith, who is the treasurer of local 327. He has been interviewed 
by Mr. Duffy, of the staff of the committee. He was expected to be a 
witness but unfortunately became ill, and we excused him. But Mr. 
Duffy can testify as to what Mr. Smith told him. 

TESTIMONY OF LaVERN J. DUITY— Eesumed 

Mr. Duffy. Mr. Smith advised me that this check was drawn on 
teamster local 327 in Nashville in 1956, to pay the legal fees and the 
fine for Mr. Marston, who got in trouble in Franklin, Ky. ; $455 was 
used of the $500 and the remainder was returned to the union. He 
said he himself withdrew this money and paid his attorney fees and 
the fine. 

Mr. Kennedy. The money was for what ? 

Mr. Duffy. For attorney's fees and for the fine of Mr. Marston. 

Mr. Kennedy. Does he have a police record ? 

Mr. Duffy. Yes ; he has, Mr. Kennedy. 

Mr. Kennedy. Would you summarize it ? 

Mr. Duffy. In 1946, he was arrested in St. Louis, Mo., for assault 
and battery and resisting arrest, and fined $100. 

In 1946, he was arrested in Biloxi, Miss., for assault, and he was 
turned over to the military police. 

In 1946 he was arrested in Tampa, Fla., for assault, and turned over 
to military police. 

In 1946, he was arrested in Tampa for assault and battery, and 
again turned over to military police. 

In 1947, he was arrected in Lawrenceburg, Tenn., for assault and 
drinking. He was fined $50 and costs. 

In 1948, he was arrested at Lawrenceburg, Tenn., for speeding, and 
he was fined $5 and costs. 

In 1952, he was arrested at Winchester, Tenn., for assault and 
battery ; fined $10 and costs. 

In 1952, arrested in Fayetteville, Tenn., for assault and battery; 
warned and released. 



IMPROPER ACTIVITIES IN THE LABOR FIEILD 7397 

In 1953, he was arrested in Nashville, Tenn., for the assault and 
battery on Mr. Walter Rasmussen, and the charges were withdrawn, 
and we have had testimony that Mr. Rasmussen withdrew those 
charges. 

In 1956, he was arrested in Franklin, Ky., for hit-and-run driving 
and an illegal possession of a gun. He was fined, and the gun was 
returned to Mr. Marston. 

Mr. Kennedy. That is all, Mr. Chairman. 

The Chairman. Are there any other questions ? 

You may stand aside, Mr. Duffy. Call the next witness. 

Mr. Kennedy. Mr. William J. Reynolds. 

The Chairman. Will you be sworn ? 

You solemnly swear that the evidence you shall give before this 
Senate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

j\Ir. Reynolds. I do. 

TESTIMONY OF WILLIAM J. B. REYNOLDS, ACCOMPANIED BY HIS 
COUNSEL, WILLIAM A. REYNOLDS 

The Chairman. State your name, and your place of residence, and 
your business or occupation. 

Mr. Reynolds. My name is William J. B. Reynolds. I reside at 
801 Max Avenue, Knoxville, Tenn., and I work for the Jack Coal Co. 
in Birmingham. 

The Chairman. Do you waive counsel ? 

Mr. Reynolds. No ; I have counsel. 

The Chairman. Will you identify yourself for the record ? 

Mr. William A. Reynolds. William A. Reynolds, Bank of Knox- 
ville Building, Knoxville, Tenn. 

Mr, Kennedy. Mr. Reynolds, you used to be president of local 621 
of the teamsters in Knoxville? 

Mr. Reynolds. Did you ask me a question ? 

Mr. Kennedy. I asked you a question. 

Mr. Reynolds. I didn't hear the question. 

Mr. Kennedy. You used to be president of the local 621 of the 
teamsters in Knoxville, Tenn. ? 

Mr. Reynolds. Let me talk to my counsel, please. 

Mr. Kennedy. All right. 

(The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional right not to be forced 
to be a witness against myself. 

The Chairman. Would it be testifying against yourself to admit 
you were president of a labor organization ? 

Mr. Reynolds. I claim my constitutional rights. 

The Chairman. Don't you think that is a slam against your union 
and the men that belong to it and work and pay their dues into 
the organization ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

The Chairman. Do you want to smear them like that and leave the 
record that way ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 



7398 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Senator Curtis. I would like to ask him this question : Would it be 
possible for someone to be president of that union and carry out the 
policy of the union without incriminating- themselves ? 

Mr. Reynolds. Can I talk to counsel, please ^ 

Senator Curtis. Yes ; I would like to get his idea. 

(The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Senator Curtis. That is all. 

Mr. Kennedy. Mr. Chairman, we have had testimony from Mrs. 
Freels that Mr. Reynolds was president of that local in Knoxville, 
Tenn., local 621, and that he participated and talked about various 
act of violence that occurred in the Knoxville area. 

Is that right, Mr. Reynolds ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. xVnd when there was going to be difficulty — dynamit- 
ings or shootings — that he made a telephone call over to W. A. Smith or 
Mr. Vestal in Nashville, or to Glenn Smith in Chattanooga, and ar- 
ranged for some people to come over and assist him. 

Is that right, Mr. Reynolds i 

Air. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Do you know Glenn Smith of the Chattanooga local ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Do you know Don Vestal of the Xashville local? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. You participated yourself in some dynamitings, did 
you not ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. We have had some testimony regarding the Ajax 
warehouse dynamiting that occurred in May of 1954. Did you partici- 
pate in that, in Nashville ? 

Mr. Reynolds. Can I talk to my counsel ? 

(The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
he a witness against myself. 

Mr. Kennedy. Did you and Mr. W. A. Smith participate in the 
dynamiting of that warehouse ? 

' Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Then we have you identified with some shootings, 
namely, the sliooting of the two B. & S. trucks in June of 195-1, in 
Knoxville area. 

Did you participate in the shootings of those 2 trucks, 1 at 11: 15 
at night, and 1 at 11 : 45, on tlie night of Juiie 1*2. 1954? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kt.nnedy. You and Mr. W. A. Smith went out to shoot these 
trucks up, by mistake you shot Mr. W. A. Smith in the elbow; is that 
correct ? 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7399 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Ancl Mr. W. A. Smith ended up in the hospital and 
you sent him flowers at union expense. 

Mr. Reynolds. I claim my constitutional rights not to be a witness 
against myself. 

Mr. Kennedy. Did you participate in those shootings ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. We also understand you kept a gun in the safe at 
the headquarters of local 621 ; is that right ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Now, during the B. & S. strike in 1954, there were 
some 17 or 18 different instances of having their trucks shot at. Did 
you participate in any of those ? 

Mr. Reynolds. Which strike do you mean ? 

Mr. Kennedy. B. & S. If it is "which strike," any strike, let us 
put it that way first. 

Mr. Reynolds. I claim my constitutional rights not to be a witness 
against myself. 

Mr. Kennedy. How about the B. & S. strike? Did you participate 
in any of the shootings of the B. & S. trucks ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Then from what testimony we have had before the 
committee, you were a little upset because you had to pay for some of 
the dynamite that you used, and you had to pay for it out of your oiwn 
pocket. So you complained about it and were reimbursed for $50 for 
purchasing of the dynamite ; is that right ? 

JSIr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Then in addition to these dynamitings and having 
the gun in your office and the shootings, we have you tied with the 
siruping of trucks. 

Did you sirup any trucks while you were president of local 621 ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. For instance, did you participate in the siruping of 
the trucks of the Huber & Huber Co. '? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Now, were you told by Clarence Mendoza, the inter- 
national organizer, that if you were able to stay out of the pen for a 
year, that they would be able to get you your job back or a job with 
a new local ? 

Mr. Reynolds. May I talk to my counsel, please ? 

(The witness conferred witli his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. AVliat is your present occupation ? 

Mr. Reynolds. May I talk to my counsel ? 



89330 — 58— pt. IJ 



7400 IMPROPER ACTIVITIES IDST THE LABOR FIEtLD 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Reynolds. I work for the Jack Coal Co., in Birmingham, a 
freight company. 

The Chairman. Are you trying to stay out of the penitentiary for 
the next year ? 

Mr. Reynolds. May I talk to my counsel ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Senator Curtis. How would an answer of "yes" incriminate you? 

The Chairman. I hope it keeps you busy. 

Senator Curtis. I would like to ask him, how would an answer of 
"yes," the fact that you are trying to stay out of the penitentiary, 
incriminate you ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. Is this all pretty funny to you, Mr. Reynolds? 

The Chairman. I think it is ceasing to be funny. 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. In addition to the dynamitings and the sirupings 
and the shootings, dynamitings that I have mentioned, we also have 
you tied up with the dynamiting of the Purity Packing Co. 

Did you dynamite that place or participate in the dynamiting of 
any of those trucks ? 

Mr. Reynolds. May I talk to my counsel ? 

(The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself ? 

Mr. Kennedy. And you participated in the dynamitings of the 
Newman- Pembert on truck ; is that right? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. What about this: We have had some testimony 
regarding the conversation you had with Mr. Powers that preceded 
the Powers grocery store bein^ dynamited in September of 1956. Do 
you know anything about that ? 

Mr. Reynolds. Let me talk to my counsel, please. 

(The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Then do you know anything about Mr. W. A. Smith 
being there on the scene at the time this dynamiting took place? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Ivennedy. Then we understand that you were having some 
difficulty among one of the members of your local, that he was rais- 
ing questions about the administration of the local, and how it was 
being run. So you arranged for a former boxer to come over from 
Nashville, and have him beaten up. Is that right ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7401 

Mr. Reynolds. Let me talk to my counsel. 

Mr. Kennedy. All right. 

( The witness conferred with his counsel.) 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Ivennedy. You brought Corky Ellis over from Nashville, Tenn., 
into Knoxville to beat Eugene Evans up because he was asking 
embarrassing questions at the union meetings ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. Is that a procedure that you usually follow, Mr. 
Reynolds ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Ivennedy. Anybody that raised questions with you about your 
administration of the'local, you would have them beaten up ? 

Mr, Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Ivennedy. Any company that was causing you trouble, you 
would have them dynamited or have their people shot at, is that 
right ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Ivennedy. Possibly if they weren't quite serious, you would 
just put sirup in their trucks and try to ruin the trucks ? 

Mr, Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. Is that the teamster union policy ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. And we understand according to the testimony be- 
fore this committee that the sirup and the dynamite and the sugar for 
the trucks was all purchased at union expense ; is that right ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Ivennedy. Did all of the rank and file members know you were 
making these purchases with their dues ? 

Mr. Reynolds. I claim my constitutional rights not to be forced 
to be a witness against myself. 

Mr. Kennedy. Will you tell us anything about the administration 
of the local while you were the head of it ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. You are proud of the time that you were president 
of the local of the teamsters ? 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. How did you become president of the local, Mr. 
Reynolds ? 

Mr. Reynolds, Can I talk to legal counsel on that ? 
Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 



7402 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. Reynolds. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. That is all, Mr. Chairman. 

The Chairman. Are there any questions ? 

All right, stand aside. Call the next witness. 

Mr. Kennedy. Mr. Eed Hoover is the next witness. 

The Chairman. You do solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Hoover. I do. 

TESTIMONY OP L. M. HOOVER, ACCOMPANIED BY HIS COUNSEL, 
GLADSTONE WILLIAMS 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Hoo\^R. L. M. Hoover, 149 Arbet Hill Drive, Jackson, Miss. 

The Chairman. What is your business, Mr. Hoover ? 

Mr. Hoover. Wliat is the question ? 

The Chairman. What is your business or occupation ? 

Mr. Hoov'er. Business agent for teamsters local 891, Jackson, Miss. 

The Chairman. Do you have counsel ? 

Mr. Hoo\^R. Yes, sir ; I do. 

The Chairman. Counsel, will you come around, please ? 

Mr. Kennedy. Aren't you president of that local also ? 

Mr. Hoover. President anct business representative. 

The Chair:man. Counsel, identify yourself for the record. 

Mr. Williams. Gladstone Williams, Clinton, Miss. 

Mr. Kennedy. How long have you been president of local 891 in 
Jackson, Miss. ? 

Mr. Hoo\^R. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You won't even tell us how long you have been presi- 
dent? 

Mr. Hoover. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Would the record show how long he has been 
president ? 

Mr. Kennedy. We have not been able to get any cooperation from 
that local so far, Mr. Chairman. 

Could you tell us how you became president of the local? 

Mr. Hoover. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. Kennedy. Now, Mr. Chairman, the reason this witness has 
been called is that we had information and we j^ut it in the record, 
according to sworn affidavits, that on January 9, 1956, there were 
two telephone calls made from this local by Mr. Hoover and his wife 
to INIr. Don Vestal, Nashville, Tenn., asking for help in an organiza- 
tional drive. 

Could you tell us if that is correct, Mr. Hoover ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7403 

Mr. Kennedy. Two days later, according to the investigation that 
we have made down in Jackson, Miss., W. A. Smith, "Hard Hearing 
Smitty," appeared in Jackson, Miss., and was seen on the picket line 
and in the union hall. Is that right ? 

Mr. Hoovj:!?. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. At that same time, Mr. Glenn W. Smith, president 
of the Chattanooga Local 515, who will be a witness next week, came 
down to Jackson, Miss., and was seen in the presence of W. A. Smith. 

j\Ir. Hoover. I claim my constitutional rights not to be forced to 
be a witness against myself, 

Mr. Kennedy. I would like to point out Glenn W. Smith is presi- 
dent of joint Council 87 of Tennessee, which also encompasses part of 
Kentucky, and a very important figure. 

Do you know Mr. Glenn W. Smith ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know W. A. Smith ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know Don Vestal ? 

Mr. Hoover. I claim my constitutional rights not to be forced to 
be a witness against myself. 

The Chairman. Mr. Hoover, you have a right to claim the fifth 
amendment and make use of it. But when you walked up to the wit- 
ness stand I looked at you and I thought I was going to see for once 
a little change in what is unfolding here. I received the wrong im- 
pression, but I thought, "There is a man now who is going to come 
up here and testify that he is honest and truthful." You give that 
appearance. 

Is there something about this whole thing that is so involved and so 
reprehensible that a man like you can't tell what he knows without 
incriminating himself ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. Well, sometimes I misjudge people, and I cer- 
tainly misjudged you when you walked up to the witness stand. I 
looked at you in contrast to some who preceded you. It was pretty 
obvious when you looked at some people, what they are. But I'll 
declare, you certainly deceived me, I was mistaken. 

Proceed, 

Mr, ISJ3NNEDY. Mr, Chairman, the difficulty that local 891 of the 
teamsters was having was w^ith the Southland Cotton Oil Co, mill that 
is located at 1000 Mill Street in Jackson, Miss, 

Is that right, you were having difficulties with that company in 
January of 1956? 

Mr, Hoover, I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. KJENNEDY. Weren't you having around-the-clock picketing on 
that company ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 



7404 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr, Kennedy. And didn't you discontinue that round-the-clock 
picketing on January 13, 1956 ? 

Mr. Hoover, I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Wasn't that just a couple of days after W. A. Smith 
and Glenn Smith arrived in the area ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. And wasn't there a dynamiting that took place of 
that company on January 15, 1956, at approximately 11 : 20 p. m. ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Wasn't that approximately 4 days after the two 
Smiths arrived from Tennessee ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. And didn't that dynamiting destroy two 300,000 
gallon oil tanks ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Ivennedy. Wasn't the damage approximately $35,000 ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Wasn't there another dynamiting in Tallulah, La., 
a mill of the same company, approximately an hour later? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. And there a cottonseed storage tank was dynamited ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. And the loss being $1,600 ; is that right ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

^ Mr. Kennedy. Weren't people told prior to this time, prior to the 
time of the dynamiting, that Mr. Smith, or the Smiths, were brought 
down there for that purpose, to perform that task ? 

Mr. Hoover. May I consult my attorney, please ? 

(The witness conferred with his counsel. ) 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Will you tell us anything about the dynamiting that 
I mentioned here ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Could you tell us who purchased the dynamite ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. That is all. 

Senator McNamara. I would like to ask the witness a couple of 
questions. 

Is your local under trusteeship from the international union now ? 

Mr. Hoover. I claim my constitutional rights not to be forced to be 
a witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIEELD 7405 

Senator McNamara. Are you a United States citizen ? 

Mr. Hoover. May I consult my attorney, please ? 

Senator McNamara. Don't you know? 

(The witness conferred with his counsel.) 

Mr. Hoover. Yes. 

Senator McNamara. You are a United States citizen ? 

Mr. Hoover. Yes, sir. 

Senator McNamara. That is all, Mr. Chairman. 

The Ciiair:man. Are there any other questions ? 

If not, stand aside. 

Call the next witness. 

Mr. Kennedy. Mr. Don Vestal. 

If you have an attorney, would you bring him up with you ? 

The Chairman, Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth, and nothing but the truth, so help you God ? 

Mr. Vestal. I do. 

TESTIMONY OP DON VESTAL, ACCOMPANIED BY HIS COUNSEL, 
L. N. D. WELLS, JR. 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Vestal. My name is Don Vestal. I live on Grey Avenue, Madi- 
son, Tenn., and I am president and business manager of local union 
327. 

The Chairman. Mr. Counsel, will you identify yourself for the 
record again? 

Mr. Wells. My name is L. N. D. Wells, Jr., and my office is in 
Dallas, Tex. 

The Chairman. All right. Proceed. 

Mr. Kennedy. Do you have any other position in the teamsters, 
Mr. Vestal? 

Mr. Vestal. May I consult counsel ? 

(The witness conferred with his counsel.) 

Mr, Vestal. Yes; I am secretary -treasurer and director of joint 
council No. 87. 

Mr. Kennedy. How long have you held that position ? 

Mr. Vestal. Let me consult counsel. 

(The witness conferred with his counsel.) 

Mr. Vestal. Well, off and on for about 5 yeai^. 

Mr. IvENNEDY. How do you get that position ? Were you appointed 
or elected, or what? 

Mr. Vestal. I was elected. 

Mr. Kennedy. Elected by whom ? 

Mr. Vestal. I was elected by the delegates to the joint council. 

Mr. Kennedy. And each local has how many delegates to the joint 
council ? 

Mr. Vestal. Seven. 

Mr. Kennedy. They elected you as secretary and director ? 

Mr. Vestal. Yes, sir. 

Mr. Kennedy. And you are elected as president of local 327, too ? 



7406 IMPROPER AcnvrriES est the labor field 

Mr. Vestal. Excuse me. 

(The witness conferred with his counsel.) 

Mr. Vestal. Yes. 

Mr. Kennedy. You were elected to that position ? 

Mr. Vestal. Yes. 

Mr. Kennedy. Did you have any opposition when you ran for 
secretaiy and director of the teamster joint council ? 

Mr. Vestal. Let me consult counsel. 

(The witness conferred with his counsel.) 

Mr. Vestal. Yes. 

Mr. Kennedy. You did have opposition ? 

Mr. Vestal. Yes, sir. 

Mr. Kennedy. Mr. Glenn W. Smith is president of joint council 
87, as I understand it. 

Mr. Vestal. Excuse me. 

(The witness conferred with his counsel.) 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know Glenn Smith ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself, 

Mr. Kennedy. Have you worked with Glenn Smith on many things ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Could you tell the committee any of your back- 
ground ^ Can we go back to 1940. Can you give the committee any 
of your background, what you have been doing ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. How long have you been in the teamsters union ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you a member of the Communist Party prior 
to coming in ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you a member of the Communist Party in 
Texas ? 

Mr, Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you in the International Longshoreman's 
Union ? 

INIr. Vestal. I claim my constitutional right? not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you leave the Communist Party in 1946 ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy, Were you elected chairman of the Fort Worth, 
Tex., branch of the Communist Party in 1945 ? 

Mr, Vestal, I claim my constitutional rights not to be forced to be 
a witness against myself, 

Mr. Kennedy. Then you came into the teamsters union from the 
Longshoreman's LTnion ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7407 

Mr, Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Have you been arrested at all, Mr. Vestal ? 

Mr. Vestal. Excuse me. 

(The witness conferred with his counsel.) 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were you arrested in 1947 for assault with intent 
to commit murder ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You were finally convicted of assault and battery, 
were you ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mv. Kennedy. And you paid a fine ; is that right ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. I would like to ask you about the activities of your 
local in Nashville, Tenn. Will you tell us anything about that ? 

Mr. Vestal. Excuse me. 

(The witness conferred with his counsel.) 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Were these people such as W. A. Smith hired and 
put on the teamsters local payroll in order to go around and beat up 
people and to dynamite firms ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Was that part of the policy, to sirup trucks and to 
dynamite trucks ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. Mr. Vestal, you have been here 2 or 3 days and you 
have heard this testimony that is absolutely scandalous in a civilized 
country. Can you tell us any one good thing that is going on down 
there in your local ? Can you tell us one good decent thing ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. You see the impression you are leaving here on this 
record, and all over the country. I asked you a question, if you could 
tell us one decent thing that your local is doing in that area. Now, 
can you name one ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman, Do you want to leave the record that way, with 
that implication in it ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman, All right, you are leaving it that way. 

Mr, Kennedy, Do you know W. A. Smith, the business agent ? 

Mr. Vestal, I claim my constitutional rights not to be forced to be 
a witness against myself. 



7408 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr, Kennedy. Do you know Red Vaughn ? 

Mr, Vestal, I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr, Kennedy, Perry Canaday ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr, Kennedy. Did you give the instructions for these dynamitings ? 

Mr, Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy, Are you familiar with the difficulties the union had 
with the Beatrice Food Co. ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy, Did you arrange for Harold Rasmussen of that com- 
pany to be beaten up by W. A. Smith and Robert Marsten ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you arrange for Big Ivey, James Ivey, to beat 
some of the milk drivers up in Shelby ville ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Now Canaday was indicted and convicted for throw- 
ing rocks through barbershop windows, and he was sent to jail. While 
in jail, he received preferential treatment. Did you make those 
arrangements ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. He received, according to the affidavit from his 
brother, money while in jail from the teamsters union. 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself, 

Mr, Kennedy. And yet the teamsters records do not reflect those 
payments being made to Mr. Canaday. Can you explain that to us? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Are those teamster records accurate? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Wlien he came out of jail, and prior to being sent to 
jail, Canaday was indicted for an assault with intent to kill. Then 
he served his time in jail, he came out and was kept on the 
payroll. Is that part of your policy, and did you approve of that? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. If that was done, you had the responsibility for it 
as president of the local, did you not? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. You would have the responsibility ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. In fact, in a meeting that you held of the directors 
of that union down there, you made a statement to the effect that 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7409 

anybody that got in difficulty, or anybody that was involved in any 
violence, their legal fees and other fees should be paid by the team- 
sters union ; did you not ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. IvENNEDT. You Said that otherwise, your representatives would 
feel they couldn't do anything when a strike came along; is that 
ri^ht ? 

Mr. Vestal. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. IvENNEDY. Did you not point out that there was one local in 
Oklahoma City where they had a strike and there was some violence 
which took place, and a man who participated was indicted and later 
convicted, and the union failed to pay his legal fees, and that you felt 
that that union would not receive support from the people there? 
And tlierefore when something like this happened in Tennessee you 
were going to give them full support. 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You condoned all of those things ; did you not ? 

INIr, Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did you have any arrangements with any officials, 
public officials in Tennessee, in connection with this ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Now here is something: We have some minutes 
from one of your local meetings, October 16, 1955, and it says : 

Brother Vestal gave a list of phone numbers we could use to tie up the phones 
at the International Harvester, thus cutting off their only line of contact with 
their customers. 

Was that one of the methods you used ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You arranged for these beatings and you arranged 
to cause these difficulties and the dynamitings and the siruping of 
trucks, and you made all of those arrangements ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You were president of the local when all of this 
was taking place? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. How did you arrange for the dynamite to be pur- 
chased ? 

]\Ir. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You are a very important figure in the teamsters 
union, Mr. Vestal? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Is that part of the policy that you were carrying 
out, under that union ? 



7410 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. You are very highly thought of by some of the 
highest officials in the teamsters union. 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. And you are a close associate of Mr. Ho if a; are 
you not ? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Didn't you make speeches recommending his elec- 
tion? 

Mr. Vestal. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. That is all. 

The Chairman. Are there any questions? 

Senator McNamara. Mr. Vestal, have you been a candidate for 
public office at any time ? 

Mr. Vestal. Excuse me. 

(The witness conferred with his counsel.) 

Mr. Vestal. No. 

Senator McNamara. Are you an American citizen ? 

Mr. Vestal. Yes, sir. 

Senator McNamara. That is all. 

The Chairman. Are there any further questions ? 

All right, stand aside. 

Mr. Kennedy. Mr. Chairman, we have had the president of the 
local in Nashville, and the former president in Knoxville, and the 
president in Jackson, Miss., and these other teamster officials. We 
will go into a new phase of the activities in Tennessee when we 
reopen next week. 

The Chairman. I only want to make this comment at this time : In 
spite of the sordid story that has been unfolded here about certain 
unions and union officials in Tennessee, I do not believe that the 
honest, decent working people who have to belong to these unions 
condone these acts of violence and the conduct that these officials 
apparently carried on. I think that they are in a sense captives, 
and I believe if they had their way about it, and if they could do 
so, and were given an opportunity by election or other process, they 
would repudiate this story that has been revealed here. 

Although there are a few dishonest and disreputable characters 
who get to be officials in unions, and we have them get in other 
places too, and that is not the only place, I still believe that the rank 
and file of the American working people who belong to unions are 
honest, decent, and good citizens and that they condemn just as 
much as this committee does, some of these practices that have been 
revealed to us. 

The committee will stand in recess until 2 p. m., next Tuesday. At 
that time the committee hearing will be held in the Old Supreme 
Court Room in the Capitol. 

(Thereupon, at 11:45 a. m., the committee recessed, to reconvene 
at 2 p. m., Tuesday, December IT, 1957.) 



INVESTIGATION OF IMPROPER ACTIVITIES IN THE 
LABOR OR MANAGEMENT FIELD 



TUESDAY, DECEMBER 17, 195T 

United States Senate, 
Select Committee on Improper Activities 

IN THE Labor or Management Field, 

Washington, D. G. 

The select committee reconvened at 2 p. m., pursuant to Senate 
Resolution 74, agreed to January 30, 1957, in the caucus room. Senate 
Office Building, Senator John L. McClellan (chairman of the select 
committee) presiding. 

Present: Senator John L. McClellan, Democrat, Arkansas; Sena- 
tor Carl T. Curtis, Ilepublican, Nebraska ; 

Present: Robert F. Kennedy, chief counsel; LaVern J. Duffy, in- 
vestigator; James P. McShane, investigator; Ruth Y. Watt, chief 
clerk. 

The CiiAiRMxVN. The committee will be in order. 

(]Members of the committee present at the convening of the session 
were : Senators McClellan and Ives. ) 

The Chairman. Call the first witness. 

Mr. Kennedy. We have had some testimony regarding some vio- 
lence that took place in Florida in connection with Mr. Glenn W. 
Smith, and I would like to call as the first witness, Mr. Joseph W. 
Morgan, who is an organizer for the teamsters, and he holds certain 
other positions in the Florida area, and specifically in the Miami area. 

The Chairman. Mr. Morgan, come around, please. 

Do you solemnly swear that the evidence you shall give before this 
Senate select committee will be the truth, the whole truth, and noth- 
ing but the truth, so help you God ? 

Mr. Morgan. I do. 

TESTIMONY OF JOSEPH W. MORGAN, ACCOMPANIED BY HIS 
COUNSEL, L. N. D. WELLS 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. Morgan. My name is J. W. Morgan, and I am a general or- 
ganizer for the International Brotherhood of Teamsters and my ad- 
dress is 515 Northeast 178th Street, in North Miami Beach, Fla. 

The Chairman. Thank you very much. 

Mr. Counsel, will you identify yourself for the record ? 

Mr. Wells. Yes, Mr. Chairman. My name is L. N. D. Wells, Jr., 
and my address is 1610 National Bankers Life Building, Dallas, Tex. 

7411 



7412 IMPROPER ACTIVITIE'S HsP THE LABOR FIELD 

Mr, Kennedy. Mr, Chairman, what we are interested specifically in 
were two acts of violence that occurred in 1954 when Glenn Smith was 
in the Miami area. 

One was in connection with the Acme Concrete Co., where first 
there was a dynamite explosion in March of 1954, in which there was 
no damage, and later on August 29, 1954, there was another plant that 
was dynamited with the damages estimated at approximately $50,000. 

At that time, local 390 of the teamsters was attempting to organize 
that company. Later on, local 79 of the teamsters in Tampa, Fla., was 
attempting to organize the Hunt Truck Lines, and a fire broke out in 
April of 1954 at the Hunt Truck Lines under very suspicious circmn- 
stances, and the damage there was estimated to be $25,000, 

Now, ]\Ir. Morgan held a position of responsibility with these unions 
during this period of time. 

The Chairman. Did he represent both imions as a general organ- 
izer? 

Mr. Kennedy. I would like to get from him his positions with the 
teamsters union, since he entered the teamsters union, I believe, in 1950. 
Is that right, Mr. Morgan ? 

Mr. Morgan. I claim my constitutional rights not to be forced to 
be a witness against myself. 

Mr. KJENNEDY. Did you hold any position in local 79 in Tampa, 
Fla.? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. We do not want to force you; will you not just 
volunteer and be nice about it ? Will you tell us the information that 
you have, and help the Congress a little ? 

Mr. Morgan. I claim my constitutional rights not to be forced to be 
a witness against myself. 

Mr. Kennedy. Mr. Chairman, we do not have any information 
specifically linking Mr. Morgan himself with any of these acts of vio- 
lence. However, we do have information that a good number of his 
colleagues were involved. 

Now, according to the information that we have, Mr. Morgan was 
an international organizer for a period of time, and then he became 
an organizer for the Southern Conference of Teamsters. Since No- 
vember of this year he has been an organizer for the Southern Confer- 
ence of Teamsters, and he gets a salary of about $12,000 a year plus 
expenses. 

Is that right? 

Mr, Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Do you not think that reflects on your union ? How 
can anyone listen to you folks come up here and repeatedly, when we 
go to inquiring into something about the union's activities, you feel 
you are compelled to take the fifth amendment? Do you not think 
it reflects on your union ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Now, Mr. Chairman, we have affidavits which are 
sworn to, and we have Mr, Morgan involved in negotiations with the 
Acme Co,, and with the Hunt Truck Lines during this period of time 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7413 

that tlie violence took place. He was associated in these negotiations 
with Mr. Glenn W. Smith. 

Is that right? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Is Glenn W. Smith a "goonster" from Chattanooga 
and one of the teamsters officials ? 

Mr. Kennedy. That is right. 

The Chairman. You do not need to take the fifth amendment on 
that. It is already established. I will save you that much. 

Mr. Kennedy. Mr. Chairman, we have information that Mr. Mor- 
gan was associated with local 79, of Tampa, Fla., from 1954 to 1956, 
that lie was secretary-treasurer of local 390 of Miami, Fla., and I 
believe he still holds that position. 

He was secretary-treasurer of local 320, of Miami, Fla. We are 
going to be discussing briefly now, this local 79, in Tampa, Fla., and 
390, in Miami, and 320, in Miami, Fla.; and another local, 290, in 
Miami, Fla. 

Do you know anything about local 290, Mr. Morgan ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you hold these other positions in the locals that 
I have mentioned ; the other three locals ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. I would like to discuss with you local 390. Can you 
tell us if local 390 is under trusteeship ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. You are presently secretary-treasurer of that local ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Wasn't this the local that was presided over by Glenn 
W. Smith in 1954 and in 1955 ? 

Mr. Morgan. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. And after he left, wasn't a Mr. Ernie Belles made the 
head of that local ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr, Kennedy. Now, Mr. Belles was formerly president of Inter- 
national Brotherhood of Teamsters Local 375, in Buffalo; isn't that 
correct ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Do you know how he came to the position as head of 
local 390 in Miami after coming out of Buffalo ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Now, wasn't he ousted from the Buffalo, N. Y., local 
by the rank-and-file members ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 



7414 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Wasn't he accused at that time. by the rank-and-file 
members of having embezzled $38,500 ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. And didn't the members of the local which ousted 
him receive assurances from the international that he would never 
more be associated with the teamsters, after they produced this 
evidence ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself . 

Mr. Kennedy. And wasn't he fighting to retain his position in 
Buffalo and the man that took over from him, a man by the name of 
Clayton, found some dynamite in the hood of his car at the time Mr. 
Belles was having a fight with him ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. And he was nevertheless appointed after he was 
kicked out of the Buffalo, N. Y., local as head of this local 390 down 
in Miami ; is that right ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. And you were made the secretary-treasurer ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. You are secretary-treasurer of a labor organization, 
a local ? Does that tend to incriminate you ? AYliat is there about this 
thing that is so incriminating ? 

Mr. Morgan. Can I consult my attorney ? 

The Chairman. I would be glad to get his advice on it, and yours, 
too. 

(The witness conferred with his counsel.) 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Mr. Chairman, I would just like to say on Mr. Belles 
that we had this information that he was involved in the embezzle- 
ment of this $37,000 or $38,000. 

The Chairman. After he embezzled from one union, he went down 
and the3^ made him a big shot in another ? 

Mr. Kennedy. On January 2, 1954, he became an international 
organizer for this local that was under trusteeship and, in November 
of 1955, he was appointed its president and he has held that position 
of president until recently when that local revolted down in Miami 
against him. 

He was then removed as president and made an organizer for the 
local. The man that led the revolt was then kicked out of the team- 
sters union. 

The Chairman. You mean somebody objected to having a man that 
has been stealing money made president of the union and they kicked 
him out ? 

INIr. Kennedy. That is correct. 

The Chairman. You would not do a thing like that, would you? 
If you had the authority you would not do that, would you ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7415 

Mr, Morgan. Can I consult with my attorney ? 

The Chairman. Yes. 

(The witness conferred with his counseL) 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Do you want us to believe that you would do it? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy, Now, Mr. Chairman, could I go on ? 

That was local 390, and I Avould like to go on to another local. 

The Chairman. Let me ask you this : If there is anything here that 
is not correct, I don't think it would incriminate you to cleny it and 
say it isn't true. Would you think it would ? 

Mr, Morgan, I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman, All right, 

Mr, Kennedy, Mr, Chairman, again, as far as Mr, Morgan is con- 
cerned, he held these positions of responsibility, I do not know 
whether he w^as taking orders or instructions from Mr, Miller, head 
of the Southern Conference of Teamsters, or Mr, Hoffa, who was run- 
ning the Southern Conference of Teamsters, 

He can testify on that liimself, but he refuses to answer any ques- 
tions and he wants to take the tif th amendment. 

The Chairman, I do not think Mr. Moi-gan here w^ould just take 
orders to do anything, would you, from Holi'a or anybody else? It 
looks like you could take care of yourself pretty well without the fifth 
amendment. 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis, Throughout all of these weeks, when we have been 
receiving information and sworn testimony about beatings and dyna- 
mitings and arson and shootings and all of that sort of thing, I have 
wondered under whose authority it is done. You are an official in the 
teamsters union, and I would like to ask you : Who makes the decision 
to use violence in the organizing campaigns ? 

Mr, Morgan, I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Do those individuals who commit tlie acts of 
violence do so on their own responsibility ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Is it an established program and policy of the 
union to organize the unorganized by shooting, beatings, dynamiting 
places, and burning up property ? 

Mr. Morgan, I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Who does the directing of these things ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Do the rank and file, the members, of any local ever 
have a chance to participate in the decision Mdiether or not such acts of 
violence, law violations, shall be indulged in in an organizing effort? 

80330— 58— pt. 18 24 



7416 IMPROPER ACnVITIElS EST THE LABOR FIELD 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. That is all, Mr. Chairman. 

The Chairman. All right, Mr. Kennedy. 

Mr. Kennedy. Now I want to ask yon about local 320 of the team- 
sters in Miami, the taxi drivers, the automotive workers, and the car 
parkers. Could you tell us how that local originated ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Isn't it a fact that that local was put into operation 
and started just this past summer, the summer of 1957 ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Isn't it true that it had a very unusual arrangement 
in its origin, in the fact that it was started in trusteeship, it was put in 
trusteeship immediately ? 

Mr. Morgan. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Do you know Mr. Dave Yaras ? 

Mr. Morgan. May I consult my attorney ? 

(The witness conferred with his counsel.) 

Mr. Morgan. As far as I know, I don't know the man. 

The Chairman. Thank you very much. 

Mr. Kennedy. Can you testify if Dave Yaras had anything to do 
with the formation of this local 320 ? 

Mv. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. You cannot give an unequivocal answer to that, as 
to whether Dave Yaras had anything to do with the formation of this 
local? 

Mr. INIoRGAN. Can I consult counsel ? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know that Dave Yaras — or, have you heard 
of Dave Yaras and know of his reputation ? Have you heard of Dave 
Yaras ? Let me ask you that. 

Mr. Morgan. May I consult counsel ? 

(The witness conferred with his counsel.) 

Mr. Morgan. As far as I recollect, I don't know the man. 

Mr. Kennedy. Dave Yaras, Mr. Chairman, is a notorious Chicago 
racketeer who has been involved with many of the leading racketeers 
in the Midwest. It is our information that he had at least something 
to do with the setting up and establishing of local 320 in Miami, Fla. 

Could you tell us anything about that ? 

Mr. Morgan. May I consult counsel ? 

(The witness conferred with his counsel.) 

Mr. INIoRGAN. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know his son, Mr. Konnie Yaras ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7417 

Mr. Kennedy. According to the information that we have, Mr. Ray 
Miller ^Yas the one that was actually appointed as head of that local. 
Do you Imow Mr. Ray Miller ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know what Mr. Miller's background was 
prior to the time he was made head of that local ? 

Mr, Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know that he is a very close associate of Mr. 
Fred Schreier ? 

Mr. Morgan. Can I consult counsel ? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 

Mr. Morgan. As far as I recollect, I don't know the man. 

Mr. Kennedy. Do you know that Mr. Frederick Schreier is, in fact, 
Mr. Ray Miller's roommate in Miami, Fla. ? 

Mr. Morgan. Can I consult counsel ? 

(The witness conferred with his counsel.) 

Mr. Morgan. I did not know that. 

Mr. Kennedy. Mr. Schreier, Mr. Chairman, is, according to the 
information we have, the roommate of Mr. Ray Miller. He was ar- 
rested in Orlando, Fla., on August 28, 1956, as an accessory to a 
$283,000 burglary. His accomplice was murdered on August 17, 1956, 
after it was alleged that the accomplice was implicating Schreier. The 
death caused the dismissal of the case against Schreier. On October 
15, 1957, $75,000 worth of diamonds were stolen, and the prime sus- 
pect was Schreier. On November 30, 1957, Mr, Schreier was charged 
with the possession of burglary tools, vagrancy, and attempted break- 
ing and entering. 

Did you know anything about that, as far as Mr. Schreier's and 
Mr. Miller's relationship were concerned ? 

Mr. Morgan. May I consult counsel ? 

(The witness conferred with his counsel.) 

Mr. Morgan. I did not know that. 

Mr. Kennedy. Did you know that his other close associate down in 
Miami is Henry Schectman, who owns and operates the Tower Hotel, 
and that on October 13, 1957, Schectman and an accomplice were 
booked on charges of breaking and entering, larceny, possession of 
burglary tools, and disorderly conduct; that he was charged on No- 
vember 30 with possession of burglary tools ? 

Did you know anything about that ? 

Mr. Morgan. May I consult counsel ? 
(The witness conferred with his counsel.) 

Mr. Morgan. I did not know that. 

Mr. Kennedy. And that prior to the time that Mr, Miller became 
an organizer and head of this local, he was operating night clubs in 
the Miami and Florida area ? 

Did you know that ? 

Mr. Morgan. Could I consult counsel ? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 



7418 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. That he was operating the Ball & Chain Eestanrant 
at 1513 Southwest Eighth Street, Miami ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. And that his partner in this business was this very 
Henry Schectman whom I have just spoken to you about and read his 
criminal record ? Did you know that ? 

Mr. Morgan. May I consult counsel ? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 

Mr. Morgan. I did not know that. 

Mr. Kennedy. Could you tell the committee what it was in his back- 
ground that led to his appointment as president of this local in Miami ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Did his business partner and his roommate have any- 
thing to do with that — with his being appointed as president of this 
local? 

Mr. Morgan. May I consult counsel ? 

(The witness conferred with his counsel.) 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

My. Kennedy. And did you know that since he was made head of the 
local that there have been many acts of vandalism in the Miami area? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. That these acts of vandalism have been associated 
with the attempt to organize the taxi drivers, the automotive workers, 
and the car parkers ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Did you participate in any of it? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself ? 

Mr. Kennedy. That specifically, outside the Seville Hotel, wliich 
this union was attempting to organize, the tires outside that hotel were 
ice-picked ? Did you know that ? 

Ice picks were driven through the tires of the people staying at the 
Seville Hotel over the period of the past few months. 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Do you mean of the guests of the hotel ? 

Mr. Kennedy. That is correct. 

And the people staying at the Algiers Hotel and Eden Roc Hotel 
have likewise been threatened and their cars scratched and their tires 
slashed ? Did you know that ? 

]Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Do you know what is occurring at the West Flagler 
dog track as far as Mr. Miller is concerned ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7419 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

]Mr. Kennedy. Did you know that tires were punctured by ice picks 
there on 70 or more cars, and this despite the fact that the place was 
already organized by the Building Service Employees Union? Did 
you know that ? 

Mr. Morgan. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Is that why Kay Miller was given this charter for 
t his local — to perform these acts of vandalism in the Miami area ? 

JNIr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Could you tell us anything in his background that 
led you or led the union to select them to head this local ? 

Mr. Morgan. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. The Chair will read the body of two affidavits. 
They shall go into the record at this point, printed in full. 

Some time around April 1, 1954, a meeting was held in the office of Robert D. 
Hill, 1316 First National Bank Building, Tampa, Fla. Mr. Hill was legal counsel 
for Hunt Truck Lines of which I am general manager. At this meeting I and Mr. 
Hill represented management. Representing teamsters' local No. 79 was Mr. 
Bunch, Mr. Morgan, an unidentified man who remained only a few minutes, and a 
man introduced to me as Mr. Smith from Miami, Fla. 

During the discussion, which lasted about 1 hour, Mr. Smith took charge and 
did most of the talking. Mr. Smith, in effect, said that he was not going to w^ait 
for any election among the employees to determine whether they wanted the 
union (local 79). He demanded that the management of Hunt Truck Lines sign 
a contract with local 79 immediately. This we refused to do, preferring to await 
the result of an election of the employees to be conducted by the National Labor 
Relations Board. 

After about an hour of argument, the meeting broke up. A few days later, on 
April 4, 1954, a fire of suspicious origin broke out in our warehouse in Lakeland, 
Fla., completely destroying the building and its contents in excess of $25,000 
damage. 

I have been shown pictures of 16 men by Mr. James McShane, of the subcom- 
mittee staff, and from among them I recognized one as the Mr. Smith who was 
present at the aforementioned meeting, and who did most of the arguing. Mr. 
McShane informs me that his true identity is Mr. Glenn W. Smith, president, 
teamsters Local 515, Chattanooga, Tenn. 

(Affidavit of Mr. Teachout follows :) 



I, Mr. Frank Teachout, general manager of Hunt Truck Lines, 708 Whiting 
Street, Tampa, Fla., telephone No. 2-2788, freely and voluntarily make the fol- 
lowing statement to Mr. James McShane who has identified himself to me as a 
member of the staff of the United States Select Committee on Improper Activities 
in the Labor or Managment Field. • No threat, force, or duress have been used 
to induce me to make this statement, nor have I i-eceived any promise of immunity 
from any consequence which may result from submission of the statement to the 
aforementioned Senate select committee. 

Some time aroiuul April 1, V.)~A, a meeting was held in the office of Robert D. 
Hill, 1316 First National Bank Building, Tampa, Fla. Mr. Hill was legal counsel 
for Hunt Truck Lines of which I am general manager. At this meeting I and 
Mr. Hill represented management. Representing teamsters local No. 79 was 
Mr. Bunch, Mr. Morgan, an unidentified man who remained only a few minutes, 
and a man introduced to me as Mr. Smith from Miami, Fla. 

During the discussion which lasted 1 hour, Mr. Smith took charge and did 
most of the talking. Mr. Smith, in effect, said that he was not going to wait for 



7420 IMPROPER ACTWITIES ENT THE LABOR FIELD 

any election among tbe employees to determine whether they wanted the union 
(local 79). He demanded that the management of Hunt Truck Lines sign a 
contract with local 79 immediately. This we refused to do, preferring to await 
the result of an election of the employees to be conductd by the National Labor 
Relations Board. 

After about an hour of argument, the meeting broke up. A few days later, on 
April 4, 1954, a fire of suspicious origin broke out in our warehouse in Lakeland, 
Fla., completely destroying the building and its contents in excess of $25,000 
damage. 

I have been shown pictures of 16 men by Mr. James McShane, of the subcom- 
mittee staff, and from among them I recognized one as the Mr. Smith who wa& 
present at the aforementioned meeting, and who did most of the arguing. Mr. 
McShane informs me that his true identity is Mr. Glenn W. Smith, president,, 
teamsters local 515, Chattanooga, Tenn. 

FiiANK Teachout. 

Witness : James McShane. 

Witness : John P. Savage. 

Subscribed and sworn to before me this 14th day of September 1957. 

[seal] Nell Fooke Schiro, Notary Public. 

My commission expires August 16, 1960. 

The Chairman. The other affidavit is a similar one of another 
meeting held April 1954, the same date, I believe. The affidavit I 
just read is signed by Frank Teachout. The one I am presenting 
here to follow it in the record is signed by Robert D. Hill. 

Mr. Kennedy. I would be interested in how Mr. Belles took over 
that local down in Miami if you could give us any information on 
that. 

Mr. Morgan. I claim my constitutional riglit not to be forced to 
be a witness against myself. 

The Chairman. Would you like to be a party to creating the im- 
pression throughout the country that organized labor organization, 
or at least that part of it that you are associated with, believes in all 
of this violence and that is the way you operate, like criminals who 
try to force your way on people. 

Do you want people tlirougliout the country to get that impression 
from your testimony ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. Well, if these things are not true, or you have no 
knowledge of them, it is easy to say so. 

Mr. Kennedy. Mr. Morgan, did Mr. Hofta suggest that Mr. Belles 
be given that position in Miami as head of this local ? 

Mr. Morgan. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Could you tell us who recommended Mr. Ray Miller 
for that job as head of his local ? 

Mr. JNIoRGAN, I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. Are there any questions ? 

All right, you may stand aside. 

Call the next witness. 

Mr. Kennedy. Mr. Glen W. Smith. 



IMPROPER ACTIVITIESi IN THE LABOR FIELD 7421 

TESTIMONY OF GLEN W. SMITH, ACCOMPANIED BY HIS COUNSEL, 
L. N. D. WELLS 

The CiLviKMAN. Do you solemnly swear that the evidence you shall 
give before this Senate select committee shall be the truth, the whole 
truth and nothing but the truth so help you God ? 

Mr. Smith. I do. 

The Chairmax. State your name, your place of residence, and your 
business or occupation, please. 

;Mr. Smith. Glen W. Smith, 6754 Dupree Koad, Chattanooga, Tenn., 
president of teamsters local 515. 

The Chairman. All right, do you have counsel ? 

Let the record show that Mr. Wells appears for the witness. 

Mr. Kennedy. How long have you held the position of president 
of local 515? 

]Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. How could that incriminate you ? If you are presi- 
dent of it, and you said you are, you can state how long you have 
been president. 

Mr. Smith. May I talk to my counsel ? 

The Chairman. Yes. I would like to find out how you think that 
could possibly incriminate you. 

(Tlie witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Well, I agree with the position of some of my col- 
leagues on this committee. I have taken this position before and I 
just want to get one of these cases to the Supreme Court. I am going 
to ask you a very simple question. Do you honestly believe that if 
you answered that question truthfully and told how long ;^ou had 
been president of local 515, which you admitted you were president of 
under oath just a few minutes ago, that such a truthful answer might 
tend to incriminate you. 

Do you honestly believe that ? 

Mr. Smith. May I talk to my counsel ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. With the permission of the committee, the Chair 
orders and directs you to answer the question whether you honestly 
believe if you answered and told the truth with respect to how long 
you have been president of teamster local 515, in Chattanooga, Tenn., 
that that answer might tend to incriminate you. 

Mr. Smith. I claim my constitutional right 

The Chairman. You are ordered and directed to answer that ques- 
tion and I want the record to so show and it is by approval of the 
members of the committee present. 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. Proceed, Mr. Kennedy. 



7422 IMPROPER ACTIVmES LN- THE LABOR FIELD 

Mr. Kennedy, Mr. Chairman, according to our information, as well 
as being president of local 515 of Chattanooga, we understand that 
Mr. Glen W. Smith is also president of Teamster Joint Council 87, 
is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. And that joint council 87 encompasses all of Ten- 
nessee and part of Kentucky, is that right, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. 1 just want to make a comment. If the Supreme 
Court would let a record stand like this, capricious as it is about taking 
the fifth amendment, then there is no way on earth of enforcing the 
law in this country because every witness called would just say, "I 
take the fifth amendment," and you could never convict anybody of 
any crime at all. 

Law and order would completely break down. You people, a lot 
of you, have been coming up here doing more to destroy law and order 
in this country than anything else I know. Do you want to be asso- 
ciated with that sort of a situation ? 

I am going to ask the committee for one time to certify one of these 
cases for contempt and let the Supreme Court say whether the fifth 
amendment can be so capriciously invoked and so abused that a man 
cannot tell, after saying he is president of an organization, how long 
he has been president without incriminating himself. 

Senator Ives. I suggest that this be the time when that be done. 

Tlie Chairman. It will be done, if I can get a majority of the com- 
mittee to proceed on this, because I want to know whether from here 
on the law-abiding citizens of this country have any protection under 
the Constitution, or is it all one sided, so that the crooks and the thugs 
and the criminals can come before any tribunal and just invoke the 
fifth amendment repeatedly and perpetually to escape giving any 
assistance whatsoever to their Government in trying to preserve law 
and order and decency in this country. 

Proceed, Mr. Kennedy. 

Mr. Kennedy. Mr. Chairman, also of some interest to us is the fact 
that he was a member of the policy board of the Southern Conference 
of Teamsters and specifically in 1951. 

The significance of that will come out as we proceed. He is being 
called today because he has been linked in testimony, sworn testimony 
before this committee, wtih certain acts of violence in Tennessee. 
Specifically Mrs. Lola Freels testified before the committee, on page 
291, that Mr. Glen W. Smith was involved in the dynamiting of the 
Purity Packing Co. 

Could you teil us about that, Mr. Smith? 

]\Ir. Smitit. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. She said generally, ]\Ir. Chairman, that whenever 
there was work needed in the Knoxville area, whenever there were 
acts of violence to be done, a telephone call would be put in to Mr. 
W. A. Smith, in Nashville, and Mr. Glen Smith in Chattanooga and 
they would appear on the scene and an act of violence or dynamiting 
or shooting would generally follow. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7423 

Now, could you tell us anything about that, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. "Were you involved in any dynamiting yourself ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. AVas there anyone else involved in it ? That would 
not be testimony against yourself. 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Do you honestly believe that if you told that you 
knew that others were involved in it, that a truthful answer to that 
question might tend to incriminate you ? 

Mr. Smith. May I talk to my counsel? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. With the permission of the committee, the Chair 
will order and direct you to answer that question. Again, you are 
ordered and directed to answer. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. I want to point out again on this record that if 
people cannot be required to give information that they may know 
about others committing crimes and they can just capriciously hide 
behind the fifth amendment, there is no way to enforce the law in 
this country. I am just interested to laiow how the Supreme Court 
will decide it. 

Proceed. The order stands and you are so directed. 

Senator Ives. I would like to ask Mr. Smith a question, if you do 
not mind. I would like to ask him a very direct question and this 
certainly is not going to incriminate him, 

Mr. Smith, do you believe in law observance? 

Mr. S:mith. May I talk to my counsel ? 

Senator Ives. I thought you might be able to answer the question 
without asking anybody about it, but go ahead. 

(The witness conferred wdth his counsel.) 

Mr. Smith. Yes. 

Senator Ives. Then, what do you mean by trying to duck all of 
these questions that are being asked you ? 

Mr. Smith. May I talk to my counsel ? 

Senator Ives. Yes, and we might find out. You are not living up 
to that statement in any way, shape or manner. 

INIr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator I\t.s. Then the statement that you just made is a lie. All 
right, Mr. Chairman. 

Mr. Kennedy. IVIr. Chairman, we also, in affidavits before the com- 
mittee, have Mr. Glen W. Smith linked up with the dynamiting in 
Jackson, Miss., in January of 1956. Can you tell us anything about 
whether you were in Jackson, Miss., in January of 19.56, Mr. Smith? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 



7424 IMPROPER ACTIVITIES EST THE LABOR FIELD 

Mr. Kennedy. Specifically, we have Mr. Smith identified in Jack- 
son, Miss., on January 12, 1956, 3 days prior to the dynamiting which 
took place in that area. 

Were yon there on that January 12 ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Now we have an affidavit, Mr. Chairman, from Hazel 
Dye Crowe, of Jackson, Miss., the wife of a captain of the pickets at 
the Southland Cotton Oil Co. in January of 1956. 

The Chairman. The Chair will read the body of the affidavit, and 
the affidavit in full will be printed in the record at this point. 

(The affidavit is as follows :) 

Affidavit 

I, Mrs. Hazel Dye Crowe, 103 Sanford Street, Jackson, Miss., telephone 2-0514, 
freely and voluntarily make the following statement to Mr. James Mc Shane, who 
has identified himself to me as a member of the staff of the United .States Select 
Committee on Improper Activities in the Labor or Management Field. 

No threat, force, or duress have been used to induce me to make this statement, 
nor have I received any promise of immunity from any consequences which may 
result from submission of the statement to the aforementioned Senate select 
committee. 

On or about January 10, 1956, I was bringing food down to the men on the 
picket line at Southland Cotton Oil Co., 1000 Mill Street, Jackson, Miss., where 
my husband, Glynn Crowe, was a captain of the pickets. 

Passing the teamsters' union hall, local No. 891, 130 West Woodrow Wilson 
Drive, Jackson, Miss., on this date, I stopped my car and went into the union 
hall. 

There I had a conversation with Mrs. Bess Hoover, secretary of local 891. Her 
husband, L. M. "Red" Hoover, was and is president of local 891. This was the 
union that was conducting the strike out at the Southland Cotton Oil Co. plant. 

Mrs. Hoover said to me, pointing to a heavy-set man wearing a bright orange 
colored shirt who was standing in the union hall : "He is one of them. They 
are going to wrap up several sticks of dynamite and throw it into the company 
yard to scare them." 

I heard Mrs. Hoover several times while I was present address this man 
as "Smitty." At a later date I learned this man was Glenn W. Smith from 
teamsters local 515 in Chattanooga, Tenn. He is president and business agent 
of local 515. 

The Chairman. Do you recognize who that is, Mr. Smith ? 
Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. I will continue. 

Mr. James McShane of the subcommittee staff has shown me pictures (16) of 
several groups of men. I can positively identify one of these men as Glenn W. 
Smith the man I saw wearing the orange shirt in the union hall that day. 

From among the other pictures shown to me by Mr. McShane I can identify 
a man with a hearing aid as a man I saw either at the union hall or the picket 
line, I am not sure which, during the time the strike was in progress. Mr. 
McShane informs me this man's name is W. A. "Hard Hearing Smitty" Smith, 
business agent for teamsters local 327 Nashville, Tenn. 

( Signed) Mrs. Hazel Dye Crowe. 

Witness : James McShane. 

Witness : H. I. Bushy. 

Subscribed and sworn to before me this 7th day of September 1957. 

E. M. Shaw. 
My commission expires May 25, 1960. 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7425 

The Chairman. You would want to comment on that, would you ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The CiiAiRiMAN. It is a pretty direct charge against you. You do 
not want to defend yourself? Do you want to leave the record this 
way, with testimony like that unref uted ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. You realize that we are being very fair with you. 
We are giving you the opportunity to deny that. Would you not say 
we are being fair with you, or would that incriminate you to answer 
that? 

Mr. Smith. May I talk to my counsel ? 

The Chairman. Yes. 

( The witness conferred with his counsel. ) 

Mr. Smith. Mr. Chairman, I think that you are proceeding in ac- 
cordance with the rules. 

The Chairman. Thank you. You do not think it is unfair to you, 
to give you a chance to comment on it or to deny it ? 

Mr. Smith. I think that you have complied with the rules. 

The Chairman. Do you not think that is pretty fair ? Can you not 
use that word ? 

Mr. Smith. I think the rules are all right. 

The Chairman. Thank you very much. 

All right, we will proceed. 

Senator Curtis. Do you draw a salary from the teamsters union 
now ? 

Mr. Smith. May I consult my attorney ? 

Senator Curtis. Yes. 

( The witness conferred with his counsel. ) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Would the acceptance of a salary from the team- 
sters union, would that fact incriminate anybody ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Does it jeopardize your job with the teamsters 
union 

The Chairman. He has testified, if you will pardon me for inter- 
rupting, he has testified that he is president of local 515, teamsters' 
local 515 of Chattanooga. Now, you can ask him the direct question 
whether he receives a salary from that local. 

Senator Curtis. That is correct. 

The Chairman. The Chair, in view of his having stated that he is 
president of the local, will order — with the permission of the com- 
mittee — order and direct him to answer that question. 

Again, I think that we have a right to inquire into some of these 
things, and it is simple, everyday business matters and professional 
matters, and I think that, certainly, the Congress of the United States 
is entitled to know whether they work for a salary or for pay or 
without it. 

That might have some bearing upon legislation and, for the reason 
I have stated, I think the Congress is entitled to that information and, 



7426 IMPROPER AcnvrriEis est the labor field 

with the permission of the other members of the committee, I will 
order and direct that question be answered. 

Mr. Smith. May I talk to my counsel ? 

The Chairman. Certainly. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional rights not to be forced to be 
a witness against myself. 

The Chairman. Now, may I ask you again, do you honestly believe 
that if you gave a truthful answer to that question, as to whether you 
received a salary or compensation from local 515 of Chattanooga, 
Tenn., that such a truthful answer might tend to incriminate you? 
Do you honestly believe that ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. You are again ordered and directed to answer that 
question, with the approval of the committee. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Now, does the taking of the fifth amendment jeop- 
ardize your job in any way ? 

Mr. Smith. May I talk to my counsel ? 

Senator Curtis. Are you fellows still in good standing after you 
come here and take the fifth amendment ? 

Mr. Smith. May I talk to my counsel ? 

Senator Curtis. Yes, sir. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Were you in Washington, D. C, during Hoffa's 
trial? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Senator Curtis. Did anything happen in connection with that trial 
that would incriminate you? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Mr. Chairman, as I stated originally, Mr. Smith, as 
well as being head of local 515, is also president of joint council 87, 
which is a very important joint council in the country and encompasses 
a large area and a large number of people. I would like to trace 
through with you, Mr. Smith, if I could, your career, as to what there 
was in your background that ultimately resulted in your achieving 
this very important position in the teamsters. Can you start off and 
tell us where you went to school ? 

Mr. Smith. Can I talk to my counsel ? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I went to school through the eighth grade, seventh or 
eighth grade, in a public school in the city of Altamont, 111, 

Mr. Kennedy. What is the name of the city ? 

Mr. Smith. Altamont. 

Mr. Kennedy. What did you do after you got out of school ? 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7427 

Mr. Smith. May I talk to my counsel? 

Mr. Kennedy. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Will you tell us anything that you did after you got 
out of school in Illinois, Mr. Smith i 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr Kennedy. Mr. Chairman, we have certain information — there 
are gaps in it, but there is certain information regarding Mr. Smith's 
career that I would like to file at this time. If he has any comment to 
make on it, he would be free to do so. 

The Chairman. Proceed and ask him about the information you 
have, and give him a fair chance to refute any of it that is incorrect. 
We do not Avant the record to be incorrect. If Mr. Smith w^ill kindly 
help us to keep the record straight, we will try to do so. 

Mr. Kennedy. This, again, Mr. Chairman, is the background of an 
individual who is presently president of joint council 87 in this 
country, of the teamsters. 

In 19:^6, starting there, from September 13, 1926, to December 16, 
1927, according to the information that we have, you were incarcerated 
in the Illionis State Keformatory, Pontiac, 111., for robbery, for a term 
of 1 to 20 years. 

Is that right, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. That you were paroled on December 16, 1927, and 
released from parole on March 4, 1932. Is that right ^ 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Shortly after being released from parole — namely, 
July 18, 1932, from July 18, 1932, to May 3, 1935— you served a second 
term in the Illinois State Reformatory in Pontiac, 111., for burglary 
and larceny and sentenced to 1 year to a life term. Is that right? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
w^itness against myself. 

Mr. Kennedy. That you were paroled on May 30, 1933, and dis- 
charged from parole in 1939 ; is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
wellness against myself. 

]\Ir. Kennedy, iVnd that, at the time tests were made on you, the 
first time that you were incarcerated they showed that you were above 
average in intelligence, but that, at the time you went to prison, you 
had 1 brother in Leavenworth, 1 in Southern Illinois Penitentiary, and 
1 in the county jail. Is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. The second time again they emphasized the fact that 
you were above average intelligence, although somewhat unstable, and 
that vou got into the second difficulty in robbery with your brother. 
Is that right, Mr. Smith ? 



7428 IMPROPER ACTIVITIES I^" THE LABOR FIELD 

Mr. Smith, I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Then, Mr. Chairman, we have him going up to 1946. 
In 1946 to 1949, you served as a business agent for teamster local 236 
in Paducah, Ky. Is that right, Mr. Smith? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against mvself . 

Mr. Kennedy. 'While in Paducah, Ky., during 1948, you were con- 
victed of assault and battery, in Marshall County, Ky., on July 4, 
1948, and fined $100. Is that right? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. On April 21, 1949, you were indicted in McCracken 
County, Ky., for malicious damage and destruction of personal prop- 
erty damaged at $1,000 ; is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. In May 1949 you were indicted in Marshall County, 
Ky., for destroying property valued at $12,000 by the use of dynamite ; 
is that right, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. On these latter two indictments, Mr. Chairman, Mr. 
Smith has never been tried. After he was indicted on these two 
offenses, he left Paducah, Ky., and went to Chattanooga, Tenn. ; is 
that right? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. And there you were hired as a business agent first 
for local 515 and later became its president; is that right? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. And that you were there in Chattanooga, Tenn., after 
Paducah, Ky., from 1949 to'l952. Is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. In April 1951, Mr. Chairman, Smith and 12 other 
individuals, including a man by the name of H. L. Boling, who was 
secretary and treasurer of Teamster Local 515, were indicted on a 
conspiracy charge growing out of labor disputes ; is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. And the charges included 10 counts, cutting tires, 
threatening and cursing employees, assault on a night watchman with 
a soft-drink bottle, setting off of dynamite and other explosives, set- 
ting a truck and trailer on fire, assault on a foreman, assault on an 
owner, breaking of windows, smashing of windows, and overturning 
of an automobile ; is that correct ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Mr. Chairman, that subsequently resulted in a di- 
rected verdict by Judge Schoolfield, in the criminal court in Chatta- 
nooga. We will be going back into that matter in a short time. I 
would like to go on and trace Mr. Smith's career. 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7429 

The CiiAiRMAisr. Who is the president of that local there ? 

Mr. Kennedy. He was president. Glenn Smith was president at 
this time. 

The Chairman. Go ahead. 

Mr. Kennedy. When he got into this difficulty and was indicted in 
Chattanooga, he left Chattanooga, this local in Chattanooga, and went 
back to Padncah, local 23(5. By this time Paducah's local was put 
under trusteeship, and Mr. Smith, because of his fine career, was sent 
in to run the union. Is that right, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

The Chairman. Mr. Smith, we are going through with this and 
make a record. If there is anything in it that is not correct, we would 
be very happy to have you correct it. We don't want to put anything 
in the record here that is not true if we can avoid it. But if we do, 
as we go along, if we happen to get something in there that is untrue, 
you will have to take a lot of responsibility for it, because you have 
a chance to refute it. 

Mr. Kennedy. We made a good examination of Mr. Smith and I 
believe these facts are correct. 

The Chairman. All right. Proceed. 

Mr. Kennedy. As he w^as over in Paducah, Ky., and the head of this 
local, lie was then extradited back to Chattanooga for these indictments 
that I mentioned earlier. He had refused to return voluntarily. But 
subsequently, as I stated, there was a directed verdict. We then learn 
that Mr. Smith is down in Florida. He was down in Florida from 
1953 to 1955 as an organizer. Is that right ? 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Local 390 in Hialeah, right outside Miami, was 
having labor difficulties with the Acme Concrete Corp., of Hialeah ; is 
that right, Mr. Smith? 

IMr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. And Glenn W. Smith was the representative for local 
390 and handled the negotiations with Acme; is that right? 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. There was some dynamite placed in the yard of 
Acme in March of 1954, with no substantial damage. However, on 
August 29, 1954, at 3 p. m., the Acme ready-mix plant was dynamited 
with an estimated damage of $50,000. Did you have anything to do 
with that ? That was 3 a.m. 

Mr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. Did you place that dynamite there ? 

IVIr. Smith. I claim my constitutional right not to be forced to 
be a witness against myself. 

Mr. Kennedy. And then, Mr. Chairman, we also have him listed as 
the representative of teamster local 79 at the time that local 79, in 
April of 1954, was attempting to unionize the Hunt Truck Line- 
Did you represent the local in the discussions with management at 
tliattime? 



7430 IMPROPER ACTIVITIE'S EST THE LABOR FIELD 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. We have an affidavit on that which has already 
been placed in the record. 

Mr. Kennedy. Shortly after the discussions Mr. Glenn W. Smith 
had with the representatives of that company, this fire of suspicious 
origin broke out in the warehouse with damage estimated at $25,000. 

Did you have anything to do with setting that fire? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Then, Mr. Chairman, he went back, after this fine 
record down in Florida, they evidently wanted him back in Chat- 
tanooga, so he went back to Chattanooga and became president of local 
515, and then we have him involved in the dynamitings in Knoxville, 
Tenn., and Jackson, Miss., in 1956. Then, because of this fine career 
in the teamsters union, he was then made president of local 87 of the 
teamsters, and he is in charge of all of Tennessee and part of Kentucky. 

The Chairman. Was he appointed ? 

Mr. Kennedy. I don't know how he got it. 

The Chairman. Woukl you tell us whether you were elected or 
appointed ? 

I don't think it would reflect on you if the men elected you. 

Mr. Smith. May I talk to my counsel ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I chiim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. You have already testified that you are president 
of that local, so the Chair, with the permission of the committee, is 
going to order and direct you to answer the question as to whether you 
were elected president of the local or appointed. 

What did he belong to ? 

Mr. Kennedy. President of joint council 87 and also president of 
515. 

The Chairman. I am talking about both of them. 

How did you get to be president? Were you elected or appointed? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. It is the committee's position that the Chair orders 
and directs you to answer the question. You testified you were presi- 
dent of one of them yourself. On that particular one, I want to ask 
you again how you were made ]) resident, by election or by appointment. 

Mr. Smith. May I talk with my counsel ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. Proceed, Mr. Kennedy. 

]Mr. Kennedy. Mr. Chairman, I have gone through his record now 
and I would like to go back to the indictments while he was president 
of local 515 in Chattanooga, back in 1951. 

Tlie Chairman. Proceed. 



IMPROPER ACTIVITIES EST THE LABOR FIELD 7431 

Mr. Kennedy. He was indicted in April of 1951,_ Mr. Smith, and 
some 12 other individuals. Who was your attorney in that case? 

Mr. S:mitii. May I talk to my counsel ? 

Mr. Kennedy. Yes. 

( The witness conferred with his counsel. ) 

Mr. Kennedy. That couldn't incriminate you. 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself . 

The Chairman. Do you know counsel who is representing you 
today ? Do you know him personally ? 

Mr. Smith. May I talk to my counsel ? 

The Chair:man. I don't know whether he knows whether you know 
him or not. I thought I might know. 

Go ahead and talk to him. 

(The witness conferred with his counsel.) 

Mr. Smith. Yes, I know him. 

The Chairman. Thank you. 

Proceed, Mr. Kennedy. 

Mr. Kennedy. Wasn't Mr. H. G. B. King your attorney ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself . 

Mr. Kennedy. Didn't he represent you and the other 12 individuals ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Mr. Smith, going through the records, we find that 
there is a teamster local check, a check on the teamster local 515, that 
is written on July 2, 1951, for the amount of $18,500, which was charged 
to attorney fees. It was made out to cash and charged to attorney 
fees. 

Can you tell us anything about that ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself, 

Mr. Kennedy. The cash disbursement book shows that this is made 
out to cash and charged to attorney fees. 

Could you tell us anything about that ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Do you think the men down there that pay the dues 
have any constitutional right to know what you do with their money ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Mr. Chairman, there is the check and the disburse- 
ment book entry. 

The Chairman. The Chair presents to you a photostatic copy of 
two checks, each in the amount of $18,500, each dated July 2, 1951, each 
made payable to cash. One of them is check No. 5518, and the other is 
No. 5519. They are drawn on the account of the Truckdrivers and 
Helpers Local No. 515. 

The check No. 5519 is signed by H. L. Boling, secretary-treasurer, 
and also countersigned by Glenn Smith. 

_ The check No. 5518 for the same amount and of the same date is not 
signed by any official of the local but has been marked void. 

89330— 58— pt. 18 25 



7432 IMPROPER ACTIVITIES IN THE LABOR FIELD 

I also hand you the photostatic copies of the check stubs of the two 
checks. I ask you to examine them for purposes of identification. 

( Documents handed to witness. ) 

(The witness conferred with his counseL) 

Mr, Smith. I chiim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. You have examined the checks, have you ? 

You see them there in front of you, don't you ? 

Mr. Smith. I see them. 

The Chairman. You see them. Thank you. 

Tliey will be made exhibit No. 20-A. 

(The documents referred to were marked "Exhibit Xo. 20-A and 
20-B'' for reference and will be found in the appendix on p. 7500.) 

The Chairman. Did you get any of that money ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. "What did you do with that part of it that you took 
yourself? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Did you cash that check and get the cash from it? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Why did you write the first check void ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. If you can tell us who else got the money, you 
wouldn't be a witness against yourself. You might be a witness 
against them. Would you tell us who else may have gotten this 
money ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. Mr. Chairman, I was just explaining about the first 
check. Although the figure up here is $18,500, when it was actually 
written out it was written out $18,000. I am sure that is the reason 
it was voided. So the second check is the only one that is of signifi- 
cance to us. 

The Chairman. I had not noted that. The figures on both checks 
are for $18,500, but on the latter check, 5519, it was written out 
"$18,500," and on check 5518, whoever wrote the check on the type- 
writer made it "$18,000." So that, I assume, was the reason it was 
voided. 

Would you care to give us any further explanation about it ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. It shows on the check stub that the money was for 
attorney fees, Mr. Chairman. We have also found that the money 
was witlidrawn from the Hamilton National Bank in Chattanooga, 
on July 5, 1951, and that the money was withdrawn by Mr. Glenn W. 
Smith and by Mr. Boling. Is that right, Mr. Smith ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Mr. Kennedy. The monev was withdrawn in tlie form of casli. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7433 

The Chairman. You do keep some books down there in that local, 
don't you ? Or do you not 'i 

Mr. Smith. May I talk to my attorney ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I do not personal!}' keep the books. 

The Chairman. You do not ? 

Of course, as president I assume you look at them occasionally, don't 
you, or do you not ? 

Mr. Smith. ]May I talk to my counsel ? 

Tlie Chairman. Find out whether you look at the books or not. 
Go ahead. 

(The witness conferred with his counsel. ) 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Proceed, Mr. Kennedy. I think we will get a 
pretty good picture of it. 

jNIr. Kennedy. Mr. Chairman, that is $18,500. 

Then on March 17, 1952, there was another check drawn to cash, 
by teamster local 515, for the amount of $1,500, as I said, made pay- 
able to cash, and once again charged to attorney fees. This is the 
check and the record in their books. So it makes a total of $20,000. 

The first check is dated July 2, 1951, and was spent on July 5, 1951. 
The other is dated March 17, 1952. 

The Chairman. I present you another check in the amount of 
$1,500, check No. 6134, drawn to cash on the account of Truck Drivers 
and Helpers Local No. 515, signed by H. L. Boling, secretary-treas- 
urer, countersigned by Glenn Smith. It has the enclorsement on the 
reverse side by Glenn Smith. 

AVil] you look at that check and see if you identify it as a photostatic 
copy of the original ? 

(Document handed to witness.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

The Chairman. You have seen the check presented to you ? 

Mr. Smith. May I talk to my attorney ? 

The Chairman. Yes, but I am going to have the record show you 
received it. I can see that much, that you have seen it. 

(The witness conferred with his counsel.) 

Mr. Smith. I have seen it here at the table. 

The Chairman. Look on the reverse side and see whose signature 
is on it as an endorsement. 

Mr. Smith, I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. Those are your signatures, aren't they; both the 
one countersigning it and also the one endorsing it to get the money? 

Mr. Smith. May I talk to my attorney ? 

The Chairman. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be 
a wituess against myself. 



7434 IMPROPER ACnvrriES INT the labor FIEIiO 

The Chairman. That check will be made exhibit 21. 

(The document referred to will be marked "Exhibit No. 21" for 
reference and will be found in the appendix on p. 7'507.) 

Senator CuRns. At whose direction was the entry made in the books 
that these two checks were for attorney fees ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Are they correct entries ? 

Mr, Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Was the money used for attorney fees ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Did you have anything to do with disbursing the 
cash after the checks were cashed? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. To whom did you give the cash ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Did you keep any of the money ? 

Mr. SiiiTH. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. Was an informational tax return made of this 
payment to whomever it should have been made ? 

Mr. Smith. May I talk to my counsel ? 

Senator Curtis. Yes. 

(The witness conferred with his counsel.) 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

Senator Curtis. That is all, Mr. Chairman. 

The Chairman. Am I correct that Mr. H. G. B. King was your at- 
torney representing the local at that time and also represented you in 
those cases in court down there in Chattanooga ? 

Mr. Smith. I claim my constitutional right not to be forced to be a 
witness against myself. 

The Chairman. That is a matter of record. 

Mr. Duffy, did you check the court records in these cases ? 

Mr. Duffy. Yes, Mr. Chairman, we checked the court records in 
these cases. 

The Chairman. Wlio appears in these criminal charges against this 
man Smith here, Eugene Smith, who appears of records there as 
counsel for him ? 

Mr. Duffy. Mr. H. G. B. King of Chattanooga. 

The Chairman. You have been previously sworn in these hear- 
ings? 

Mr. Duffy. Yes, sir. 

The Chairman. Mr. H. G. B. King appeared as counsel of record 
for them ; is that correct ? 

Mr. Duffy. That is correct, Mr. Chairman. 

The Chairman. The Chair will now read an affidavit from Mr. 
H. G. B. King. If I do not read all of it, it will all be printed in the 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7435 

record. I will read the substance of it. It will be printed in the 
record in full at this point. 

I have been a licensed and practicing attorney in the State of Tennessee for 
more than 26 years and have been retained as an attorney for teamsters local 
union 515 continuously for more than 7 years just past. 

I was asked by Mr. Duffy what fee I received for defending a case, docket 
No. 83801, Hamilton County, Tenn., wherein a number of teamster officials and 
members of local 515 were indicted in 1951 on a conspiracy charge growing out 
of a labor dispute in Chattanooga, in which case I represented the union. My 
full fee in that case was $6,000 and paid over the period 1951 to July 1953 as 
follows : 

1951 $1,000 

1952 2,000 

1953 3,000 

In the latter part of 19.52 I received information, indirectly, resulting from 
an investigation of the local's disbursement records by the Internal Revenue 
Service that a check in the amount of $18,500 on July 2, 1951, was drawn on the 
local union's account with a local bank of Chattanooga. In October 19.57 I 
received information that on March 17, 19.52, another check for $1,500 was drawn 
on the local union's account with a local bank of Chattanooga, and that the 
records of teamsters local 515 indicated that the said amounts were listed on their 
records as "attorney fees." I later received this information from Mr. LaVern 
Duffy, who asked that I give an affidavit for the use of the committee stating 
whether I, as attorney for the local union or otherwise, had received any part 
of the $18,-500 or $1,.500. 

I have never received any amount whatsoever of the $18,500 or $1,500, and 
have never received any payments for fees or otherwise from the local union in 
cash. 

I have read the foregoing statement, and to the best of my knowledge it is 
true and correct. 

That will be printed in full at this point in the record. 
(Mr. H. G. B. King's affidavit follows :) 

Affidavit 

I, H. G. B. King, attorney, 723 Chattanooga Bank Building, Chattanooga, 
Tenn., freely and voluntarily make the following statement to and at the re- 
quest of LaVern Duffy, who has identified himself to me as a member of the 
staff of the United States Senate Select Committee on Improper Activities in 
the Labor-Management Field. 

I have been a licensed and practicing attorney in the State of Tennessee for 
more than 26 years, and have been retained as attorney for teamsters local 
union 515 continuously for more than 7 years just past. 

I was asked by Mr. Duffy what fee I received for defending a case, docket 
No. 83801, Hamilton County, Tenn., wherein a number of teamster officials and 
members of local 515 were indicted in 1951 on a conspiracy charge growing out of a 
labor dispute in Chattanooga, in which case I represented the union. My full fee 
in that case was $6,000, and paid over the period 1951 to July 1953, as follows : 

1951 $1,000 

1952 2,000 

1953 3,000 

In the latter part of 1952 I received information, indirectly, resulting from 
an investigation of the local's disbursement records by the Internal Revenue 
Service that a check in the amount of $18,500 on July 2, 1951, was drawn on the 
local union's account with a local bank of Chattanooga. In October 1957 I re- 
ceived information that on March 17, 19.52, another check for $1,500 was drawn 
on the local union's account with a local bank of Chattanooga, and that the rec- 
ords of teamsters local 515 indicated that the said amounts were listed on their 
records as "attorney fees." I later received this information from Mr. LaVern 
Duffy who asked that I give an affidavit for the use of the committee stating 
whether I, as attorney for the local union or otherwise, had received any part of 
the $18,500 or $1,500. 



7436 IMPROPER ACTIVITIES IX THE LABOR FIELD 

I have never received any amount whatsoever of the $18,500 or $1,500, and have 
never received any payments from fees or otherwise from the local union in cash. 
I have read the foregoing statement, and to the best of my knowledge it is 
true and correct. 

H. G. B. King. 
Witness : LaVerne Duffy. 
Witness : Maegot Martin. 
Sworn to and subscribed before me this 29th day of October 1957. 

Nixola Zeigler, 

Notary Puhlic. 
My commission expires October 14, 1961. 

The Chairman. Proceed, Mr. Kennedy. 

Mr. Kennedy. Mr. Chairman, I would like to ask Mr. Smith one 
more question and then ask him to stand aside for a few moments. 

Could you tell us if this money was paid to any one to "fix" the case 
involving you and these other teamsters officials ? 

Mr. Smith. I claim my constitutional right not to be forced to be 
a witness against myself. 

Mr. Kennedy. Mr. Chairman, I would like to have the witness stand 
aside for one moment. 

The Chairman. Mr. Smith, you may stand aside. You will remain 
here in the room. You will be subject to being recalled at any time. 

Call the next witness. 

Mr. Kennedy. Mr. Raymond Hixson. 

TESTIMONY OF RAYMOND HIXSON 

The Chairman. You will be sworn, please. 

Do you solemnly swear that the evidence you shall give before the 
Senate select committee shall be the truth, the whole truth, and nothing 
but the truth, so help you God ? 

Mr. Hixson. I do. 

The Chairman. State your name, your place of residence, and your 
business or occupation. 

Mr. HixsoN. My name is Raymond Hixson, deputy State fire mar- 
shal for the State of Tennessee. I live at Hixson, Tenn. 

Mr. Kennedy. You will have to speak up. We can't hear. 

Will you start all over again ? 

Mr. Hixson. My name is Raymond Hixson. I live at Hixson, Temi. 
I am deputy State fire marshal for the State of Tennessee. 

The Chairman. Do you have counsel, Mr. Hixon 'I 

Mr. Hixson. I don't care for it. 

Mr. Kennedy. Do you live in Hixson, Tenn. ? 

Mr. Hixson. Yes, sir. 

Mr. Kennedy. That city was named after vour familv, is that 
right? 

Mr. Hixson. That is right. 

Mr. Kennedy. Now, Mr. Hixson, you have been deputy fire marshal 
for the State of Tennessee for a number of years. 

Mr. Hixson. Tliat is right. 

Mr. Kennedy. How long ? 

Mr. Hixson. Since 1949. 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7437 

Mr. Kennedy. In the course of that work, did you do some work 
yourself in gathering evidence regarding a number of acts of violence 
that occurred in the Chattanooga area ? 

Mr. HixsoN. Yes, sir, I did. 

Mr. Kennedy. When was that ? 

Mr. HixsoN. It started in 1950. 

Ml'. Kennedy. And early in 1951? 

Mr. HixsoN. The tire in question was on December 2, 1950. 

Mr. Kennedy. I am just interested roughly in the dates. It was 
1950 and early 1951? 

Mr. HixsoN. Yes, sir. 

Mr. Kennedy. And the acts of violence that you were looking into 
and investigating grew out of a labor dispute between certain com- 
panies and the teamsters union, is that right? 

Mr. HixsoN. That is right. 

Mr. Kennedy. And you were retained to make that investigation, 
were you ? 

Mr'. HixsoN. Yes, sir. 

Mr. Kennedy. Who requested you to make the investigation? 

Mr. HixsoN. That comes under our jurisdiction, arson and dynamit- 
ing. 

Mr. Kennedy. Was arson involved ? 

Mr. HixsoN. Yes, sir. 

Mr. Kennedy. And dynamitings, and it came within your juris- 
diction ? 

Mr. HixsoN. That is right? 

Mr. Kennedy. The evidence that you accumulated was turned 
over to the attorney generaPs office, is that right? 

:Mr. HixsoN. That is right. 

Mr. Kennedy. And that resulted ultimately in the indictment of 
Mr. Glen W.Smith? 

Mr. HixsoN. It did. 

Mr. Kennedy. And Mr. Boling ? 

Mr. HixsoN. Yes. 

INIr. Kennedy. And approximately 11 other individuals, is that 
right? 

Mr. HixsoN. That is right. 

]Mr. Kennedy. Thirteen people in all were subsequently indicted, is 
that right? 

Mr. HixsoN. That is right. 

Mr. Kennedy. That was based on the work that you and others did ? 

Mr. HixsoN. Yes, sir. 

]Mr. Kennedy. Now, you had known Mr. H. L. Boling, secretary- 
treasurer of local 515 at the time. You have known him for a number 
of years ? 

Mv. HixsoN. That is right, I have. 

Mr. Kennedy. Now, did you have any conversation with Mr. Boling, 
in which he told you that this case was going to be taken care of? 

Mr. HixsoN. I did. 

Mr. Kennedy. AVould you relate that to the committee ? 

Mr. HixsoN. As I recall it, on Sunday, in July. 

Mr. Kennedy. Was it April 8 ? 



7438 IMPROPER ACTIVITIES EST THE LABOR FIE'LU 

Mr. HixsoN. After the indictments were had, this case was set for 
trial on July 10. 

Mr. Kennedy. It is July 10 that the indictments were set for trial, 
is that right ? 

Mr. HixsoN. Yes, sir. 

Mr. Kennedy. For July 10 '? 

Mr. HixsoN. Yes, sir. 

Mr. Kennedy. Wliich was a Tuesday. 

Mr. HixsoN. It was on Tuesday. On Sunday, before Tuesday, I met 
Mr. Boling. 

Mr. Kennedy. That would be July 8 ? 

Mr. HixsoN. Yes. I met Mr. Boling out on the highway. We were 
originally discussing politics, I believe. I asked him if he was going 
to be ready for trial on Tuesday. 

Mr. Kennedy. Could you speak up now, and just yell it out so we 
can hear it. 

Mr. HixsoN. He told me that there was not going to be a trial. I 
asked him how he knew. He said that there had been $18,500 passed 
to quash the indictments and there was not to be a trial. 

Mr. Kennedy. He said that $18,500 had been passed to quash the 
indictment ? 

Mr. HixsoN. And that there would be no trial. 

Mr. Kennedy. And he said there would be no trial ? 

Mr. HixsoN. Yes, sir. 

Mr. Kennedy. Did he say anything further ? Did he say anything 
about betting you as to whether there would be a trial or not ? 

Mr. HixsoN. When I first mentioned it, I asked him, or he said, "I'll 
bet you $500 there will not be a trial,'' and I told him that he must 
know something that I didn't know. I said, "Let me in on it." He 
then told me that $18,500 had passed hands and to quash the indict- 
ments. 

Mr. Kennedy. Why would he tell joii this, who had worked on 
the case ? 

Mr. HixsoN. I don't know why he told me. 

Mr. Kennedy. Had you known him for a number of years ? 

Mr. HixsoN. I had. 

Mr. Kennedy. He said, "I'll bet you," and did he say who got the 
$18,500 up? 

Mr. HixsoN. I asked him where the money went, but he wouldn't 
tell me. 

Mr. Kennedy. Did you ask him or did he tell you where the money 
came from ? 

Mr. HixsoN, No, he didn't tell me. 

Mr. Kennedy. Did you learn anything subsequently about how the 
case was handled ? T\niat was done on the case ? 

Mr. HixsoN. I went to the courthouse on Tuesday and there was no 
one in the judge's chambers at all and I went to the clerk's office and 
they informed me that the case had been passed for reassignment. 

Mr. Kennedy. Wliat do you mean, "passed for reassignment"? 
That means postponed ? 

Mr. HixsoN. Postponed, yes, to a later date. 

Mr. Kennedy. Later, did you learn or were the indictments in fact 
quashed ? 



IMPROPER ACTIVITIES IN THE LABOR FIELD 7439 

Mr. HixsoN, They were. 

Mr. Kennedy. Who quashed them ? 

Mr. HixsoN. They were quashed by Judjo^e Schoolfiekl. 

Mr. Kennedy. And he was the one handling the case? 

Mr. HixsoN. That is right. 

Mr. Kennedy. He is the one who passed it on July 10 ? 

Mr. HixsoN. Yes, sir. 

Mr. Kennedy. And he is the one that had the power to quash the 
indictments ? 

Mr. HixsoN. That is right. 

Mr. Kennedy. He is the one who quashed the indictments ? 

Mr. HixsoN. That is right. 

The Chairman. As I understand you, you were told on Sunday 
before the case came up on Tuesday, by one of the men who was in- 
dicted and by one of the men who signed this check that we have pre- 
sented here, the fellow named Boling, you were told by him he would 
bet you $500 that the case would not come to trial. 

Mr. HixsoN. That is true. 

The Chairman. And he told you that $18,500 had passed ? 

Mr. HixsoN. That is true. 

The Chairman. But he would not tell you to whom ? 

Mr. HixsoN. That is right. 

The Chairman. You went to Judge Schoolfield's court, is that 
right? 

Mr. HixsoN. Yes, sir. 

The Chairman. Wliy did you go down there on Tuesday morning ? 
Were you expecting a trial ? 

Mr. HixsoN. I was expecting a trial. 

The Chairman. You were a witness ? 

Mr. HixsoN. Yes, sir. 

The Chairman. And you had been notified not to come ? 

Mr. HixsoN. I had not. 

The Chairman. You got there and you found this was all attended 
to? 

Mr. HixsoN. Yes, sir. 

The Chairman. The case was passed ? 

Mr. HixsoN. The case was passed. 

The Chairman. Or reassigned ? 

Mr. HixsoN. Yes, sir. 

The Chairman. Proceed ; let us see what happened. 

Mr. Kennedy. The facts are that subsequently, after it had been 
delayed, the indictments were quashed by Judge Schoolfiekl. 

Mr. HixsoN. That is right. 

The Chairman. How long after did that happen ? 

Mr. Kennedy. The indictments were quashed April 5, 1952. 

The Chairman. Was the case ever called for trial in between July 
1951 and July 1952? 

Mr. HixsoN. As I recall there were several briefs filed back and 
forth by the attorneys. 

The Chairman. But the indictments were quashed ? 

Mr. HixsoN. That is right. 

The Chairman. And that is what Boling told you on Sunday be- 
fore Tuesday ? 



7440 IMPROPER ACTIVITIES IN THE LABOR FIELD 

Mr. HixsoN. That is right. 

The Chairman. That had been arranged ? 

Mr. HixsoN. Yes, sir. 

Mr. IvENNEDY. Were you surprised at the way the case was handled, 
in view of the work that you had done on tlie matter ? 

Mr. HixsoN. I was in the beginning ; yes. 

Mr. Kennedy. Were you surprised at the end, when Judge School- 
field quashed the indictments ? 

Mr. HixsoN. Well, at that time there was quite a bit of talk around 
that money had been passed to quash the indictment. 

Mr. Kennedy. That money had been passed to whom ? 

Mr. HixsoN. To Judge Schoolfield. 

Mr. Kennedy. For quashing the indictments ? 

Mr. HixsoN. Yes. 

Mr. Kennedy. Then it was no longer a surprise to you. 

Mr. HixsoN. No, sir. 

Senator Curtis. What sort of a fellow is Boling that he would 
make an admission like that to you ? Does he brag a lot ? 

Mr. HixsoN. Well, he likes to talk, sometimes. 

Senator Curtis. Apparently, he talked at the wrong time. That 
is all. 

Mr. Kennedy. That is all for now. 

The Chairman. You may want to recall him ? 

Mr. Kennedy. Possibly. I would like to call now, Mr. Duffy, of 
the staff of the committee. 

The Chairman. Come around. 

TESTIMONY OF LaVERN J. DUFFY— Resumed 

Mr. Kennedy. Mr. Duffy, you have had conversations with rep- 
resentatives of the Internal Revenue Department ? 

Mr. Duffy. That is correct. 

Mr. Kennedy. You have been allowed or permitted to look at some 
of the files and certain records of the Internal Revenue Department? 

Mr. Duffy. That is right. 

Mr. Kennedy. An investigation that they were making subsequent 
to 1951 and did they have an interview with Mr. H. L. Boling? 

Mr. Duffy. Yes, sir. In searching the files of the Internal Rev- 
enue, in reference to this case, we found a memorandum dated July 
10, 1953. It was an interview with Mr. PI. L. Boling. Mr. Boling 
made the remark to the Internal Revenue that this money had passed 
to quash the indictment. 

Mr. Kennedy. That the $18,500 that had come out of local 515 had 
been paid in order to quash the indictments ? 

Mr. Duffy. That is correct. 

The Chairman. Let me ask 3"0u this in that connection: You did 
not get that, or what you are testifying to did not come from Mr. 
Hixson: did it? 

Mr. Duffy. From Mr. Boling. This is exclusive of that, Mr. 
Chairman. 

The Chairman. This is another statement that Boling made to the 
Internal Revenue folks ? 

Mr. DuFiTT. That is correct. 



IMPROPER ACTIVITIES IN THE LABOR FIEiLD 7441 

The Chairman. So he not only told Mr. Hixson, but he also told the 
Internal Kevenue folks according to their memorandum, the same 
thing. 

Mr. Duffy. That is correct. 

Mr. Kennedy. Now, Mr. Duffy, did you make a study to determine 
where this $18,500 came from? That came out of local 515, the ulti- 
mate check, I understand, but where did that money originate ? 

Mr. Duffy. We made a search of that and we found that the team- 
sters local on June 29, 11)51, only had approximately $8,000 in their 
treasury. 

Mr. Kennedy. They needed at that time $18,000. 

Mr. Duffy. That is correct. They asked for a loan from the South- 
ern Conference of Teamsters, in Memphis, Tenn., at that time. 

Mr. Kennedy. The Southern Conference of Teamsters' headquar- 
ters at that time w^as in Memphis, Tenn., is that correct ? 

Mr. Duffy. Yes, sir. 

Mr. Kennedy. So they went to the Southern Conference of Team- 
sters to get a loan. 

]\Ir. Duffy. They borrowed $13,500 from the southern conference. 

Mr. Kennedy. That check is dated what ? 

Mr. Duffy. Dated June 29, 1951. 

Mr. Kennedy. And a check for $13,500 drawm on the Southern 
Conference of Teamsters was deposited in the Hamilton National 
Bank on July 2, 1951 ? 

Mr. Duffy. »July 2, 1951, the same date that the check was written 
to cash for attorney's fees for $18,500. 

Mr. Kennedy. Do you have that check f or.$13,500 ? 

Mr. Duffy. I think that you have it up there, Mr. Kennedy. 

The Chairman. I present to you here a photostatic copy of a clieck 
dated June 29, 1951, check No. 2474, in the amount of $13,500 drawn 
on Southern Conference of Teamsters and signed, "Gale T. Murrin, 
secretary-treasurer," and it is countersigned which is a stamp, 
"Soutliern Conference of Teamsters." 

I asked you to examine this check and state if you identify it. It 
is a photostatic copy of the original and if you do, state how that 
check was deposited and used. 

(A document was handed to the "witness.) 

Mr. Duffy. Unfortunately, we were not able to obtain this check 
from the Southern Conference of Teamsters because their records had 
been destroyed. However, we did obtain this photostat from film 
from the bank in Chattanooga which kept a film of all checks com- 
ing in. 

The Chairman. That is the bank's film of the check? 

Mr. Duffy. That is correct, ]\Ir. Chairman. 

The Chairman. That may be made exhibit 22. 

(The document referred to was marked "Exhibit No. 22," for refer- 
ence and will be found in the appendix on p. 7508.) 

Mr. Kennedy. jNIr. Duffy, did you make a study of the minutes 
that were kept by the Southern Conference of Teamsters to de- 
termine what this money Avas supposed to be for that was loaned? 

Mr. Duffy. That is correct, Mr. Kennedy. 

Mr. Kennedy. Do you have a copy of those minutes ? 

Mr. Duffy. I think that you have them there. 



7442 IMPROPER ACnvrriES in the labor FIEIiD 

The Chairman. I hand you here what piirpoi^s to be photostatic 
copy of minutes of a meeting of Southern Conference of Teamsters 
Policy Committee on Friday, July 13, 1951. I ask you to examine it 
and state if you recognize it as a photostatic copy of the minutes of 
the meeting on that date. 

Mr. Duffy, It is, Mr. Chairman. It is a photostatic copy of the 
m