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IN THE CIRCUIT COURT OF SHELBY COUNTY,

TENNESSEE FOR THE THIRTIETH JUDICIAL

DISTRICT AT MEMPHIS

CORETTA SCOTT KING, MARTIN

LUTHER KING, III, BERNICE KING,

DEXTER SCOTT KING and YOLANDA KING,

Plaintiffs,

Vs. Case No. 97242-4 T.D.

LOYD JOWERS and OTHER UNKNOWN

CO-CONSPIRATORS,

Defendants.

TRANSCRIPT OF PROCEEDINGS

November 29, 1999

Volume VIII

Before the Honorable James E. Swearengen,

Division 4, Judge presiding.

DANIEL, DILLINGER, DOMINSKI,

RICHBERGER, WEATHERFORD

COURT REPORTERS

22nd Floor - One Commerce Square

Memphis, Tennessee 38103

(901) 529-1999

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- APPEARANCES -

For the Plaintiffs: DR. WILLIAM PEPPER

Attorney at Law

New York City, New York

For the Defendant:

MR. LEWIS GARRISON

Attorney at Law

Memphis, Tennessee

Reported by:

MS. SARA R. ROGAN

Court Reporter

Daniel, Dillinger,

Dominski, Richberger &

Weatherford

22nd Floor

One Commerce Square

Memphis, Tennessee 38103

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- INDEX -

WITNESS: PAGE

WILLIAM B. HAMBLIN

DIRECT EXAMINATION

BY MR. PEPPER:....................... 998

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1013

REDIRECT EXAMINATION

BY MR. PEPPER:....................... 1015

JAMES JOSEPH ISABEL

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1016

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1024

JERRY WILLIAM RAY

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1026

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1063

WILLIE B. RICHMOND

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1086

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1099

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- INDEX CONTINUED -

WITNESS: PAGE

DOUGLAS VALENTINE

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1101

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1110

REDIRECT EXAMINATION

BY MR. PEPPER:....................... 1110

CARTHEL WEEDEN

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1111

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1120

WALTER E. FAUNTROY

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1123

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1143

REDIRECT EXAMINATION

BY MR. PEPPER:....................... 1148

APRIL R. FERGUSON

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1155

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- INDEX CONTINUED -

WITNESS: PAGE

JAMES E. ADAMS

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1167

CROSS-EXAMINATION

BY MR. GARRISON:..................... 1175

YOLANDA KING

DIRECT EXAMINATION

BY MR. PEPPER:....................... 1177

TRIAL EXHIBITS PAGE

Exhibit 19.......................... 1051

Exhibit 20.......................... 1054

Exhibit 21.......................... 1085

Exhibit 22.......................... 1099

Exhibit 23.......................... 1165

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P R O C E E D I N G S

(Jury in at 10:15 a.m.)

THE COURT: Good morning, ladies

and gentlemen.

THE JURY: Good morning.

THE COURT: It seems that

everyone is all present and accounted for.

Mr. Jowers, the defendant, is still having

some health problems, but we're going to

proceed in his absence. And as soon as he's

able, he'll return. He's still concerned

about the action against him so don't take

this as -- don't interpret it as he's

indicating he's not interested. He is, but

his health is keeping him.

All right. Mr. Pepper, are you

ready to proceed?

MR. PEPPER: Yes, Your Honor.

THE COURT: All right, you may.

MR. PEPPER: Your Honor,

plaintiffs call as their first witness today

Mr. William Hamblin.

WILLIAM B. HAMBLIN,

having been first duly sworn, was examined

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and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good morning, Mr. Hamblin.

A. Good morning.

Q. Thank you very much for coming here

this morning. I know you haven't been well.

A. No, a little under the weather.

Q. I appreciate your making the effort

to come by and be with us. Would you please

state your full name and address for the

record?

A. William B. Hamblin, 322 South

Camilla, Apartment 302.

Q. In Memphis?

A. Right.

Q. How long have you lived in Memphis,

Mr. Hamblin?

A. Oh, probably about -- I came here in

'63.

Q. Been here a good number of years?

A. Yes, sir.

Q. And what is your present occupation?

A. I'm a part-time security guard.

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Q. You're a part-time security guard?

A. Yes.

Q. In the city?

A. Yes.

Q. And prior to being a part-time

security guard and taking on that position,

were you -- what else did you do previous to

that?

A. Well, I drove a cab for many years,

and I worked as a barber for approximately

ten years -- something like that.

Q. You were a barber for approximately

ten years and you drove a cab --

A. Right, off and on.

Q. -- off and on for a number of years?

A. Right.

Q. And which company did you drive the

cab for?

A. I drove for Veterans and Yellow.

Q. Both of those cab companies.

A. Right.

Q. Now, in the course of your cab

driving activity and your work there, did you

come to know a cab driver named James McCraw?

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A. Yeah, I knew him well.

Q. And did you in fact share digs or

share rooms with McCraw?

A. Well, I rented him an apartment one

time. I had an apartment house, and I rented

him an apartment. And I lived in the same

apartment building with him a couple other

times.

Q. How long would you say you knew

Mr. McCraw -- over what period of time?

A. Oh, probably about 25 years.

Q. So you knew him over 25 years.

A. Yes, sir.

Q. Did you know him after the date in

question in this case, after the

assassination Dr. Martin Luther King?

A. Yes, sir, I met him after the date.

Q. You met him afterward?

A. Yes.

Q. And you knew him for all of those

years after the assassination?

A. Yeah, it was after the

assassination. I drove a short time before

the assassination, but I wasn't driving at

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the time the assassination happened.

Q. Right. But you new Mr. McCraw during

that period?

A. Right.

Q. Did you not only know him but were

you actually living with him or close to him

in the same building?

A. Well, we shared the same apartment

building more than three times, and he lived

with me a couple of times when he would get

down on his luck.

Q. When he was down on his luck?

A. Yeah. He would lay around on my

couch some.

Q. All right. So it's fair to say that

you were quite a close friend of

Mr. McCraw's?

A. Right, right.

Q. Now, did Mr. McCraw at various times

in the course of this friendship discuss the

assassination of Martin Luther King with you?

A. Yeah, he did.

Q. One time or two times or --

A. Oh, several times.

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Q. Several times.

A. Yeah, several times.

Q. And was he in any particular frame of

mind or condition when this subject would

come up?

A. He would usually be drinking when he

started. I mean, you know, he would start

talking about it.

Q. It was when he had been drinking?

A. Right.

Q. Did he ever volunteer any information

when he had not been drinking?

A. No, he wouldn't talk about it then.

Q. Then he wouldn't talk about it?

A. No, he didn't want to hear about it

then.

Q. And when he had been drinking over

these many times when he spoke with you, did

he tell you a particular story?

A. Yeah. He first come out with

a -- he showed me a story that the National

Inquirer or one of those tabloids did on him,

and they did a pretty good write-up.

Q. And was the story that he told you

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each of these occasions the same? Was it

consistent?

A. It was -- the story he told was

consistent all those years. He didn't vary

off of it.

Q. Over how many years would he have

told you this story consistently?

A. Oh, I probably heard it at least 50

times at least.

Q. For how many years?

A. Oh, now you're trying to pin me down

on dates, and I'm not good at dates.

Q. Not dates, but just roughly.

A. Oh, I would say probably

15 -- something like that.

Q. Over 15 years. And what was the

story that he told you consistently over 15

years?

A. Well, after I got -- after I read the

article and found out that he knew a little

something about it, I got interested in it

myself. And he would talk about Raul having

a drink with him and he --

Q. Did he mention -- let me interrupt

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you and try to focus you. Did he mention the

defendant in this case, Mr. Jowers?

A. Oh, yes.

Q. Did he know Mr. Jowers well?

A. Yeah. He worked for Jowers at the

time I would say. They were both working at

the Southland Cab Company.

Q. They both worked with the same

company?

A. Right.

Q. Did he tell you of his personal

knowledge of any involvement of Mr. Jowers in

the assassination of Doctor King?

A. Yeah, he said that Jowers gave him

the rifle, and he took it and threw it off

the Harahan bridge.

Q. He said that the defendant gave him

the rifle?

A. Right.

Q. And by the rifle, do you mean the

murder weapon? Is that --

A. Right, right. That's the story that

he told.

Q. And he told you this same story over

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the years?

A. Same story over and over. He didn't

vary off of it. And in the last he came up

and I think they changed it to a bullet or

whatever, but I don't remember if he changed

his story or not. But he...

Q. But he consistently told you he gave

him the murder weapon?

A. Right.

Q. Did he say that the defendant made

any admission against his own interest? Did

he say he made any admission when he gave him

the rifle? Did he say anything to him?

A. He said Jowers told him to get it and

get it out of here now. He said that he

grabbed his beer and snatched it out. He had

the rifle rolled up in an oil cloth, and he

leapt out the door and did away with it.

Q. And Jowers told him to get rid of it?

A. Right. That's the story that he

told.

Q. Do you recall when he said that

conversation took place?

A. No, I didn't. To try to pin me down

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on the date, I couldn't.

Q. Right. But would it have been your

understanding sometime near to the

assassination itself?

A. Well, see, I came in on the picture

probably about five years after the

assassination.

Q. Yes. No, I'm not talking about your

conversation with McCraw. I'm talking about

McCraw's conversation with Jowers. Would

that have been around close to the time of

the assassination?

A. Yeah, that's -- the way I understand,

right after it happened. Right after it

happened.

Q. Now, was Mr. McCraw himself fearful

of being charged or indicted?

A. That's the reason they all changed

their stories. Every time they -- McCraw

really wanted to come out with it, but he was

involved in it. And he couldn't really tell

the truth. That's the reason all of them

changed their stories all this time. Their

conscious was getting hurt, and they were in

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fear of being indicted.

Q. Mr. Hamblin, did you tell anyone, in

particular a landlord of yours, that McCraw

knew something about this assassination?

A. Yes, I did.

Q. And was this a landlord in the

premises where both you and McCraw were

living?

A. We were both living at the same time,

right.

Q. And what did you tell to your

landlord?

A. He came by to collect the rent --

Q. Yes.

A. -- and I had introduced him to

McCraw.

Q. Yes.

A. And I told him he was involved in it

in some way and he told us to move.

Q. He told you to move?

A. Right. In fact, he sent the police

up there and harassed us. They locked McCraw

up for having a knife, and we finally wound

up being evicted in about a week.

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Q. So you were evicted by your landlord

because you told him this story?

A. Right.

Q. Mr. Hamblin, who was your landlord?

A. It was Mr. Purdy.

Q. Mr. Purdy.

A. Right.

Q. And what did Mr. Purdy do for a

living?

A. Mr. Purdy was an FBI agent.

Q. So your landlord was an FBI agent?

A. Yeah. I didn't know at the time that

he owned the house. I rented from someone

else, but he happened to be the owner. And

he just bumped in to collect the rent.

Q. But you didn't know that he was the

owner before this?

A. No.

Q. And do you know where Mr. Purdy was

assigned as an FBI agent?

A. Probably Memphis office, Memphis

region.

Q. The Memphis office?

A. Right.

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Q. And he told you to leave?

A. He told us both to move.

Q. Both to move. And did you move?

A. Yeah, about a week later we got

kicked out.

Q. Now, I want to take you back,

Mr. Hamblin, to 1968. What were you doing in

1968 for a living?

A. I was a barber back in '68.

Q. And where did you work as a barber?

A. Cherokee Barber Shop, 2792 Campbell.

Q. Right. And who was the proprietor,

who was the owner of that barber shop?

A. Vernon Jones.

Q. Mr. Vernon Jones.

A. Right.

Q. How long did you work there as a

barber?

A. Oh, I worked for Mr. Jones probably

for about five years all totalled at two

different places.

Q. Is Mr. Jones alive today?

A. No, Mr. Jones passed on some time

ago.

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Q. And were you working as a barber in

that barber shop April 4th, 1968?

A. Yes, I was.

Q. And were you working there

immediately following the assassination?

A. Right. I was working there when they

broke the news about -- oh, I'd say about

6:00 -- 5:30, 6:00 -- something like that.

Q. Now, did you hear Mr. Jones have a

conversation with one of his long-term

customers?

A. Right.

Q. Within -- how soon after the

assassination did this --

A. I would say, oh, probably a week or

ten days.

Q. Within a week or ten days after the

assassination?

A. Yes, sir.

Q. And what did Mr. Jones ask this

long-standing customer?

A. He asked him who did it or who do you

think did it.

Q. Who do you think did it.

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A. Right.

Q. Meaning who killed Martin Luther

King?

A. Right.

Q. And what did this long standing

customer say to him?

A. He told him that the CIA had it done.

Q. That the CIA had it done?

A. Right. That's the answer he gave

him.

Q. How long had this customer been a

customer of Mr. Jones in the Cherokee Barber

Shop?

A. Oh, ever since I worked for him.

Q. How many years roughly would you say?

A. Oh, I'd say probably -- well, I know

of five anyway.

Q. At least five years?

A. Yeah, at least five -- five or six at

the time that I worked for him he had been

coming in.

Q. People often develop close

relationships with barbers and bartenders?

A. Yeah, they'll tell a barber something

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they won't even tell their own psychiatrist.

Q. Was that the kind of relationship

Mr. --

A. Yeah, that's the kind of

relationship.

Q. -- Jones had with this customer?

A. Right.

Q. Who told him the CIA had it done?

A. I mean I didn't hear the conversation

myself. I asked him what he said when he

left after he had told him.

Q. You asked your boss --

A. Mr. Jones what he said.

Q. Right.

A. And he told me.

Q. And that's what he told you.

A. Right.

Q. Would you tell the Court and the jury

who was this long-standing customer?

A. It was Mr. Purdy, the FBI agent.

Q. The same Mr. Purdy?

A. The same Mr. Purdy.

MR. PEPPER: Mr. Hamblin, thank

you very much. No further questions.

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MR. GARRISON: Mr. Hamblin, wait

a minute. I may have a question if you don't

mind.

THE WITNESS: Oh, okay.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Hamblin, Mr. McCraw was quite a

heavy drinker, wasn't he?

A. Right.

Q. Alcoholic beverages pretty regular?

A. Right. In fact, he was an alcoholic.

Q. All right, sir. And I believe you

said that you would have trouble believing

him, didn't you?

A. Yeah. I had some trouble believing

him at times, right.

Q. You knew Mr. Jowers, did you not?

A. Right. I worked for Mr. Jowers.

Q. And you never heard him say anything

about any of this, did you?

A. Not really, no, huh-uh.

Q. You said Mr. McCraw would change his

story from time to time when he told it?

A. Well, they was -- what I mean was

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changing the story, they would accuse another

dead policeman.

Q. When you say they, who are they?

A. Well, they first -- they've named

every policeman in the graveyard. Every time

they get scared, they'll name another

policeman as being the murder man.

Q. Are you talking about Mr. McCraw?

A. Well, both of them.

Q. Both of them who?

A. Mr. McCraw and Jowers.

Q. I thought you said you never have

talked to Mr. Jowers about this, never had

anything to --

A. Well, he's made several statements.

Q. Who has? Whose made several

statements?

A. Well, I talked to him -- I talked to

him on the cell phone about six months ago,

me and Millner.

Q. Okay.

A. And he told me that he didn't do it,

but somebody by the name of maybe Earl Clark

or something like that did it, and he did it

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or whatever.

Q. So that's been six months ago?

A. That's here recently.

Q. Did he tell you he didn't have

anything to do with it?

A. That's what he said.

MR. GARRISON: That's all.

Thank you.

THE COURT: All right.

REDIRECT EXAMINATION

BY MR. PEPPER:

Q. Mr. Hamblin, just so that we're

clear, did Mr. McCraw ever change the story

he told you?

A. Never changed his story. He stuck

with the basic same fact -- I took the gun

and threw it off of the Harahan bridge.

Q. So as far as he is concerned -- as

far as you are concerned, the weapon --

A. As far as I'm concerned, that's what

happened. I mean, you know, I believed him

because he stuck to the same story.

Q. So far as you're concerned, the

murder weapon is at the bottom of the

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Mississippi River?

A. That's where I would -- if I was

going to go look for the gun today, I would

go look and look at the middle river bridge

because you can drive right to it. You can

walk 20 feet and drop it and be back in your

car in five seconds and be gone.

MR. PEPPER: Thank you,

Mr. Hamblin. No further questions.

(Witness excused.)

THE COURT: Call your next

witness.

MR. PEPPER: Plaintiffs call

Mr. J.J. Isabel.

JAMES JOSEPH ISABEL,

having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good morning, Mr. Isabel. If you

have trouble hearing me, please just stop me

and I'll speak louder. Thank you very much

for joining us this morning.

A. Yes, sir.

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Q. For the record, would you please

state your full name and address?

A. My name is James Joseph Isabel, 2344

Jackson Avenue, Memphis, Tennessee. Zip

38108-3236.

Q. Thank you, Mr. Isabel. I know you

haven't been well, and we do appreciate you

coming here. You were deposed in this case

on October 14th, and you were kind enough to

answer a range of questions at that time.

And I'm going to put those questions to you

this morning.

A. Okay, sir.

Q. What do you do now for a living,

Mr. Isabel?

A. Well, I'm retired. I'm seventy-four

years old, but I am an independent courier.

I pick up food like for Memphis Hardwood

Flooring five days a week, and I pick up

pagers, take them to get repaired and take

them back to the customer. That's all I do.

Q. And what did you do previously,

Mr. Isabel?

A. Starting which year?

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Q. Let's just go through the range of

jobs and work that you've done, if you can.

Just very quickly try to summarize for us.

A. Well, in '43 I was a sailor in the

Navy in a Pacific killing force, and let's

see, then I got out of the Navy. I went back

to CBHS and got my high school diploma. I

didn't have it before I went in the service,

and then I've driven trucks.

I've driven chartered buses. I

worked for Firestone at one time for six

months, and I worked for Vet cab, Hams --

Mike down at Yellow Cab and then Airport

Limousine. Hams owned Airport Limousine. I

met Jowers at Yellow Cab, and Airport

Limousine, they owned -- Hams might have

owned Airport Limousine, and they owned

something else too. Oh, it went from -- I

think we went from Yellow Cab --

Q. But basically you've done a lot of

driving?

A. Yes, yes.

Q. You drove chartered buses?

A. Right.

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Q. You drove taxi cabs, limousine

service?

A. Yes.

Q. That constituted the main part of

your life, didn't it?

A. A lot of it.

Q. And when did you meet Mr. Jowers as

you said?

A. I met Mr. Jowers at the Yellow Cab.

That was probably in about seventy -- around

'77 I would think.

Q. So you met him when you were involved

with Yellow Cab at the same time?

A. I was working at Yellow Cab with

Airport Limousine and Hams might have hired

Loyd to come down there and run I think the

whole operation or the biggest part of it.

Q. That's around 1977?

A. Yes.

Q. Did you come to know Mr. Jowers

pretty well?

A. Yes, sir.

Q. How often would you see him?

A. Oh, daily.

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Q. You saw him every day?

A. Five days out of seven.

Q. So five out of the seven days in that

period from 1977, you saw him?

A. Right, and sometimes over the

weekends if we had a holiday or something.

We would run the buses from the airport to

Millington.

Q. You saw him then as well?

A. Yes, sir.

Q. So you became quite friendly with

him?

A. Yes.

Q. Did you go on any chartered bus runs

with Mr. Jowers?

A. Yes.

Q. How many did you take with him, do

you recall? If you don't, it's all right,

but roughly?

A. Out of town probably four or five,

and in Memphis, a lot of them -- a lot of

school trips and trips.

Q. I know it's a long time ago and

you've had some medical problems even since

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the deposition.

A. Yes, sir.

Q. So I'm going to try to move you

through your testimony. Did you go on a trip

with Mr. Jowers over one St. Patrick's Day, a

chartered bus trip with him?

A. Yes. Loyd and I took two bus loads

of bowlers to Cleveland, Ohio, and that was

St. Patrick's Day. The reason I remember it,

we were drinking green beer.

Q. Do you remember what year that was?

A. Pardon?

Q. Do you remember the year? Which

St. Patrick's Day?

A. That had to be '79 -- '78 or '79, but

I'm saying '79.

Q. Around 1979?

A. It was winter because Lake Erie was

frozen over.

Q. Right. March 17th, 1979?

A. That's what I'm thinking.

Q. And that trip was to you said

Cleveland?

A. Yes.

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Q. In the course of that trip to

Cleveland, did you share a room with

Mr. Jowers?

A. Yes, sir.

Q. In a local hotel?

A. Yes, sir.

Q. And did you eat with Mr. Jowers?

A. Oh, yes.

Q. Share --

A. Did I eat with him?

Q. Did you eat?

A. Yes.

Q. Did you go to dinner with him? Did

you drink with him?

A. Yes.

Q. Were you together with him most of

the time?

A. Except when he was driving one bus

and I was driving the other one, yes, sir.

We would go to the same destination, and then

we'd usually meet and go and get something to

eat after we took care of the people.

Q. In the course of one evening on that

trip to Cleveland, did you have a discussion

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with Mr. Jowers about the assassination of

Martin Luther King?

A. Yeah, after we had gone and got the

bowlers, we went out and ate down on the

pier, a restaurant down there, and then we

went back to the hotel. And I took a

shower. I don't think Jowers took one then.

I took a shower, and I came out. And he was

sitting on the bed, and I sat down with my

back against the bathroom on the floor. And

for some reason, I just said -- I said, Loyd,

did you drop the hammer on Martin Luther

King. And he just kind of hesitated for a

moment or two, and he said you think you know

I did. I know what I did, but I'll never

admit it or tell it in a court of law. And I

said, oh, and I didn't mention it to him

again after that.

Q. Did you expect that reply?

A. Maybe, yeah.

Q. And when you asked him did you drop

the hammer on Martin Luther King, what were

you asking him?

A. If he fired the shot that killed him.

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Q. And his response again?

A. Pardon?

Q. And what was his response again to

that question?

A. Oh, he said you think you know who

did it, but I know who did it, but I'll never

admit it or tell it in a court of law.

Q. Did you ever raise the subject with

him again?

A. Huh-uh, no.

MR. PEPPER: No further

questions.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Isabel, you knew Mr. Jowers quite

well. The two of you were on trips together,

weren't you?

A. Yes, sir.

Q. And this is the only time that

subject ever came up was just the one time;

am I correct, sir?

A. The best I remember.

Q. He never admitted to you or anyone in

your presence he had anything to do with it

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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or knew anything about it other than this one

time; am I correct, sir?

A. Yes, sir.

Q. All right. And on this time, both of

you were drinking, weren't you?

A. Uh, yes.

Q. You had been drinking a little beer;

am I correct, sir?

A. Well, the best way I can describe it,

I can get high on two beers and I had about

six. And Loyd is a pretty heavy toper. He

can handle it, and I would say he would drink

close to 20 beers or more.

Q. All right. Your question to him was

did you drop the hammer on Dr. Martin Luther

King, and that's your question?

A. Yes.

Q. He simply said you think you know who

did it, but I know who did it and I'll never

admit it. Is that basically what he said?

A. Yes, sir.

Q. But he never said he had anything to

do with it, did he?

A. No.

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Q. That's the only words he ever used --

A. Yes.

Q. -- that he knew who did it? Is that

right, sir?

A. Yes, sir.

MR. GARRISON: Okay. That's

all. Thank you.

MR. PEPPER: Nothing.

THE COURT: All right, sir. You

may stand down. You're free to leave or you

can remain in the courtroom.

THE WITNESS: Thank you.

MR. PEPPER: Thank you.

(Witness excused.)

THE COURT: Next witness.

MR. PEPPER: Your Honor,

plaintiffs call Mr. Jerry Ray to the stand.

JERRY WILLIAM RAY,

having been first duly sworn, was examined

and testified as follows:

DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good morning, Mr. Ray.

A. Good morning.

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Q. Thank you for coming some distance to

be with us today.

A. Yeah, I'm glad to come down.

Q. Would you state your full name and

address for the record, please?

A. My name is Jerry William Ray, brother

of the late James Earl Ray, and I live in

Smart, Tennessee, 107 Short Street.

Q. Mr. Ray, you are the brother of James

Earl Ray?

A. Yes, sir.

Q. Would you just describe for the Court

and the jury the circumstances in which you

were raised and lived as children?

A. We came up real poor during the

depression days. We lived out on the farm

most of the time, and that's when my

brothers -- they had a WPA and he just barely

got by until after the depression. And then

my daddy got a job on the railroad, and then

we were just average people then. But back

during the depression, everybody had it

bad -- anybody who can remember back then.

Q. How many children were there in your

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family?

A. There was nine all together.

Q. And where were you and James in that

constellation?

A. James was the first born, and then

they had a sister Marjorie and John, then I

was the fourth born. We had seven years age

difference.

Q. Seven years --

A. Yes.

Q. -- difference between the two of you?

A. Yes.

Q. And what grade did James go to in

school?

A. I'm not positive what grade. I think

he went to about a year of high school I

think, but I'm not positive of the grade he

went to.

Q. What did he do after that?

A. He went to -- he moved to Alton,

Illinois. See, we lived in a little town

outside of Quincy, Illinois named Ewing,

Missouri, and Alton, Illinois is about 100

miles from Ewing, Missouri. And my uncle

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lived in there and my grandmother lived

there, and they got him a job working at the

Tambery Room. He was fifteen or sixteen.

Q. And he held that job for how long?

A. He held that job -- I forget how long

it was until he went into the Army.

Q. And he had worked up until the time

he went into the Army?

A. Yeah, he worked every day up until

the time he went in the Army.

Q. What do you remember him doing after

he got out of the Army?

A. I don't remember all that much

because he didn't -- he came there a couple

times to visit my mother and my dad. We

lived in Quincy, Illinois. That's where I

was born, and that's where most of our

relatives are from. He come once in a while,

but I didn't see him that much.

Q. Mr. Ray, as you were growing up with

James, did you notice any signs -- obvious

signs of racism or hatred of black people?

A. No. It would be strange to have any

hatred because Ewing, Missouri was just a few

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hundred people, and I didn't never see one

black person in the town. It's just a little

bitty town, and Quincy, Illinois, where I

grew up, they had 42,000 people -- 2,000

blacks and 40,000 whites so I never even went

to school with one. See, and James didn't

either so you can't hate somebody unless you

something -- you know, do something to you.

Q. As he got older though and as you

associated with him, did you see any

hostility toward black people?

A. No, he never did have no hostility

toward any race -- not only blacks, but

Hispanics or anybody. What he tried to do is

live and let live.

Q. Now, he began to get in trouble at

various points in his life?

A. Yeah, after he got out of the Army.

Q. After he got out of the Army. What

was the reason for that? Do you understand

how --

A. No, nobody could understand that

because before he went to the Army, he was a

hard worker. And he went in the Army and

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after he came out of the Army, he just lived

the life of crime after that.

Q. How did he get involved with various

types of petty crimes and small time

criminals?

A. Unlike a lot of the media think, he's

easily -- if he makes friends with somebody,

he's easily led around too, see. And I know

he committed -- he robbed a post office

outside of Quincy, Illinois. This is back in

the fifties, and this Walter Rife was his

name. He's a ringleader. After he got him

to rob this post office -- I mean he's as

guilty as Walter Rife was for doing it, but

then he went on a cash spree. They stole all

his money and he got arrested in Kansas City,

Missouri. Then they sent him to the

Leavenworth Federal Prison.

Q. But where did he meet people like

Walter Rife?

A. He met him in Quincy, Illinois.

Quincy -- it was a real kind of a corrupt

town back in the fifties. They had a

write-up in the magazines about them.

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Everything was open, see -- gambling,

prostitution, everything. And I knew Walter

Rife and I knew his brother, Lonnie Rife, and

like I say, it's a small town. Only got

42,000 people in the town.

Q. Did James tend to hang out in bars?

A. Yeah, on Fifth Street in Quincy,

Illinois. That's where most of the main ones

was at, and then on Third Street, it was a

house of prostitution -- the whole Third

Street. So when you go up to the tavern,

most of the people you run into was pimps,

ex-convicts or something like that.

Q. Well, eventually he was sentenced and

he went away?

A. Yeah, he was sentenced to

Leavenworth, and I think he got out in 1958 I

think -- '58 or '59, and he was sentenced in

there -- I think he did a little bit over two

years in Leavenworth Federal Prison. Then he

got out, and then he met up with a guy named

Owens. Owens, he was an ex-convict and they

did several things. They robbed a Kroger

store, and then he got sent to Jefferson City

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for that.

Q. Do you know where he met Mr. Owens?

A. No, I don't because I wasn't in

St. Louis at that time. I don't know him.

Q. So he was sent to Jefferson City

Penitentiary?

A. Yeah, for 20 -- I think it was for 20

years.

Q. Now, did you visit him when he was in

the penitentiary?

A. I only visited him a couple times. I

didn't visit him much because I was working

up in -- we wrote all the time. I mean every

week we exchanged letters, but when I would

get down in that area, I would visit him.

But I didn't get to visit him that much.

Q. Well, he eventually escaped from

Jefferson City Penitentiary, didn't he?

A. Yes.

Q. He escaped in April of 1967?

A. Yes.

Q. Did you see him after he escaped from

prison?

A. Yeah. Well, I -- see, I didn't know

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he was going to escape, but my other brother

John had visited him the day before he

escaped. And James told him he was going to

escape and for him to come down and pick him

up and which John did. And John brought him

straight to Chicago, and we rented a room at

the Fairview.

I didn't know all this. They rented

the room, then they called me up. John

called me up, and I came in and we all stayed

at the Fairview that night. That's on South

Michigan Avenue in Chicago. So that was how

they escaped. Then after that, John went

back to St. Louis. We used to give James

$100 because he didn't have no money. He

escaped.

So John went back to St. Louis and

James -- and I went back to work the next

day. Then James got a paper and he found an

ad in there at Klinglens (spelled

phonetically) Restaurant in Winnetka, and

Winnetka is only a few miles from where I'm

at. And he went to work there, and we used

to meet every week or so at a bar there in

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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North Brook, Illinois.

Q. Well, where were you working at the

time?

A. I was working at the Sportsman's

Country Club in North Brook, Illinois.

That's about five or seven miles from where

he was working at.

Q. And you would then see him from time

to time?

A. Yeah, every week or every other week.

Q. Did John have any more contact with

him?

A. No. Once John left us, you know, the

Fairview Hotel in Chicago, he never had no

contact with James until he got back to

Memphis. You know, when he was brought back

from England.

Q. You mean he had no contact with him

from the time he escaped to the time he was

captured?

A. Yeah, the day after James escaped,

John left and went back to St. Louis and I

went out to work. And John didn't ever have

no contact with him after that.

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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Q. So were you the only family member

who had contact with James?

A. Yeah, the only one. He called me

every once in a while.

Q. During his fugitivity?

A. Yes, sir.

Q. How long did he stay at this job in

Winnetka?

A. Let's see, he stayed there close to

three months.

Q. What did he do after this job?

A. Well, he saved up a few dollars that

he could save up, and he bought an old car.

I think it was a '57 Dodge because he was

talking when he escaped, when John was there

too, when he got out, he had to get out of

the country, see, and he had to leave because

he had all this time to back up. And not

only the 20 years then for escape and

everything. So he told John -- John heard

that too, and he told me, he said I'm going

to try -- I'm going to save up some money and

go to Canada and try to figure out a way to

get out of the country. And so that's what

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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he did. He saved up. He worked there about

three months and he bought an old junker, old

Dodge. Then I met him the night before he

took off and then he took off and went to

Canada.

Q. Do you recall the date that you met

him before he left for Canada?

A. No, I don't recall. It was about a

day before that he took off for Canada.

Q. Which month was it?

A. That was in July.

Q. Was it --

A. July of '67.

Q. Was it toward the end of July?

A. It was either the middle or late part

of July, and the only reason I know, my

birthday is the 16th, so it was a little bit

after that.

Q. Sometime after that?

A. Yeah.

Q. And he left and went to Canada?

A. And went to Canada.

Q. Did you have any contact with him

when he was in Canada?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. No.

Q. When was the next time you saw or

heard from your brother James?

A. Well, the next time I heard from him

and I can't, you know, quote the days because

I don't keep diaries or nothing, but I guess

it was about six, seven weeks afterwards.

And I think it was in September, probably

late September. He had this pay phone, where

I didn't have no phone in my room.

I worked at the country club where

you get room and board, and we had this pay

phone in the hallway. And he had the

number. That's how you get a hold of me.

Well, he called one day or one evening and

told me to come to Chicago because he knew my

day off. He arrived where so I would have

the day off. He said don't bring your car in

because I'm going to give you my car, and so

then -- so then I took a train.

They had the Northwestern that runs

in down in the loop and he met me down

there. And we spent the night together, had

breakfast together, and he was talking to

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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me. And he was all happy and, hell, he was

-- he had plenty of money on him. So he

said I'm going to go down to Birmingham and

buy a late model car. He said you can have

this. He said I'm working now, and he

mentioned Raul.

I can't exactly remember how the

Raul came in. I worked for a guy named

Raul or something like that, but then he

said -- he had a big box of stuff. He said

take this to Union Station -- that's a

railroad station downtown Chicago -- and mail

this down to me at Birmingham and mail it to

Eric S. Galt. He said from now on I'll be

known as Eric S. Galt. And so that's what I

did, and he gave me the car. Then I took him

to the station, and later on I mailed that

stuff down to him as Eric S. Galt.

Q. So he came back from Canada. He had

a job so he told you.

A. He told me he had a job working down

there.

Q. He was working for somebody he met in

Canada?

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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A. Yeah, and he mentioned his

name -- Raul.

Q. Somebody called Raul?

A. Yeah.

Q. Did he tell you what the job was?

A. No. I knew it was something

illegal. I figured it was dope or car theft

or something. You know, I didn't know what

it was, and I didn't actually care that much,

but I knew it was something illegal because

he was trying -- he said he was working this,

you know, this guy he called Raul to get

enough money so he could get out of the

country, you know, get out of Canada and the

United States totally.

Q. So he was doing -- taking on this

job, whatever it was, so that he could get

out of the country?

A. Yeah, get out of the country.

Q. That was the reason he went to Canada

in the first place?

A. Yeah, and I didn't actually -- I kind

of wish I had of now because, you know, I'd

know more to testify to, but I didn't know

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more about it. But right then I wasn't even

inquisitive because I knew he was doing

something illegal and then met some guy over

there and this guy is paying him to run dope

or whatever he's doing. And I don't even

think half the time he knew what he was doing

because they just had him drop a car off in

Mexico and drop one off in New Orleans.

Q. So after he saw you, you talked with

him in Illinois and he went to Birmingham,

did you have any contact with him over the

course of the next year?

A. Well, up until the time King got

killed, from the time we left Chicago when I

seen him last, he called me three times.

Q. And what did he say on those?

A. It wasn't nothing. It wasn't nothing

but just I'm working or asking how the family

is and this and that. And every call would

be under three minutes because I hear him put

the change in and the operator would never

come on. It would be less than three minutes

each call. So probably -- I probably talked

to him about six, seven minutes since the

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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last time I met him when he left Chicago

until King got killed.

Q. That's the only contact you had with

him?

A. The only contact I ever had with him

after that.

Q. Have you ever known your brother

James over all the years you knew him when he

was free or when he was inside even --

A. Yeah.

Q. -- did you ever know him to engage in

violence?

A. Never. He never had. He never

had -- the most violent thing he ever did was

rob a store, you know, the Kroger store.

That's the most violent ever, but there never

was no violence used in that, you know. And

in fact, before that he was always, you know,

like a burglar. You know, like breaking in

and stealing money, but then when he got with

that -- I mentioned his name before --

Owens. Owens did robbery, see, so then he

went in on the robbery.

Q. In the course of this time when he

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was on the run after he returned to the

United States and those three phone calls

that you had with him, did he ever mention

Dr. Martin Luther King?

A. No. The King name never came up when

we was in the hotel when we met together and

stayed all night or in no phone calls. The

King name was never mentioned, and the last

thing James was thinking about was, you know,

Jackson or King or Kennedy or any of them

people because he was trying to stay out of

prison.

Q. So there was no mention of them?

A. No.

Q. Was there any mention of any activity

that he was being asked to do related to

Dr. King?

A. No, never nothing.

Q. Now, eventually he went to England,

was extradited and was imprisoned in the

United States?

A. Yes, sir.

Q. Did you have more contact with him

after that?

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A. Oh, yeah, I was coming down here to

Memphis back in '68 when they brought him

back about every week, and I'd drive down and

we'd visit. And what they had -- like Mark

Lane said, he was treated worse than

prisoners of war, you know, the guys they

tried in Nuremberg. He had a TV set on 24

hours a day and the lights. They xeroxed all

of his mail, and they had him on TV all the

time, you know, hooked up. And so when we

would visit, he would have to write me notes

and flash them because otherwise they would

know everything that he knew.

Q. Did he give you the impression that

he was determined to go to trial?

A. He was determined. He was

determined. That's the only thing he wanted

was a trial because he said he'd have to go

to trial. He said only way I can, you know,

convince the people that I'm not guilty and

try to show the people where I'm at was take

a trial. That was the first trouble he had

with his first attorney Haynes because

William Bradford Huie told Haynes that James

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Earl Ray can't take the stand because if he

takes the witness stand, I don't have no

book. So that's when he replaced him.

Q. Well, there was a contractual

relationship between a book writer and his

first lawyer?

A. Yeah, Arthur Haynes went over to

England, the first attorney James had, and he

brought a contract over for him to sign that

he would represent him if he signed that

contract where he'd get all the royalties off

the books, you know. And so then William

Bradford Huie was the one that paid him the

money.

In fact, before he fired Haynes on

November 1st of 1968, I flew down to

Harpersville, Alabama and talked to Huie.

Huie paid my way down there because he wanted

another contact besides the attorney so he

was showing me these contracts, and he's

talking about changing them around where

James would get the money because his idea

was he'd pay your money. He'll even brag

that everybody has got their -- you know,

DANIEL, DILLINGER, DOMINSKI, RICHBERGER, WEATHERFORD

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paid.

And so I told him -- he told me, he

said the only thing is now you go back and

tell James he's not going to take the witness

stand because if he does, I don't have no

book. So I went back and told James you

ought to fire Haynes because Huie is running

the case.

Q. Well, the writer told you that James

shouldn't take the witness stand when he went

to trial?

A. Yeah, that was later on in a -- later

on in a phone conversation with the -- later

on in a conversation with Mark Lane --

Q. Well, we'll come to that

conversation.

A. Yeah.

Q. And in the event, James did not have

a trial?

A. No, he never had no trial.

Q. How did that come about when he was

so determined to have one?

A. Well, what he done when Arthur Haynes

told him he couldn't take the witness stand

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and James said that's the only way I can, you

know -- because he couldn't give these

lawyers like Haynes -- every time you give

him some information, a phone number or

something, he'd give it to Huie. And he said

how can I get a trial when they know

everything I'm going to testify to.

And so when he got rid of Arthur

Haynes, then he got Percy Foreman, and Percy

Foreman came in and said this is going to be

the easiest case I ever had in my life.

There's no evidence at all against him, and

he did that up until about a month before the

guilty plea.

Then he started crying saying

they're going to execute him, they're going

to do this, do this. And so James asked him

to resign from the case because he was

determined to go to trial anyway, and Foreman

wouldn't resign. And Judge Battle said if he

fired Foreman, he had to go to trial with a

public defender.

Q. So the result was that he didn't go

to trial?

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A. No, he didn't go.

Q. He pled guilty?

A. Yeah, Percy Foreman pled him guilty.

Q. I'm going show to you a letter,

Jerry, that was written to James Earl Ray by

Percy Foreman.

(Document passed to witness.)

Q. Take your time, please, and read it.

A. Yeah, I know all about this.

Q. What is the date of --

A. This is May the 9th --

Q. What is the date of that letter?

A. March the 9th, 1969.

Q. March what?

A. 9th.

Q. March 9th, 1969?

A. Yeah.

Q. And when was the guilty plea hearing?

A. Right around that time.

Q. If I may inform them, it was

March 10th. As a matter of fact, it was

March 10th --

A. Yeah.

Q. -- the following day.

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A. Yeah.

Q. And what is the purpose of that

letter from Foreman, his attorney, to James?

What does he tell him there?

A. Well, James told me -- you know, I

went down there when Foreman tried to get him

to plead guilty. And he said he's still, you

know, was fighting against it. He said what

I'll do, I'll have Percy Foreman to give you

$500 before I'll plead guilty. Then you can

go down and get another attorney to reopen

the case in which I used the money, the $500,

I flew down to New Orleans. This is even in

a book because the guy I went down to see

about an attorney, he didn't trust me. He

didn't know what I was coming down there for

so he notified the police and the FBI. And

we met in the park and the police was all out

in the park.

Q. Let's focus on this. This is a

letter from his counsel on the eve of trial,

and this letter offers you -- offers him

$500.

A. Yeah, if --

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Q. Under what conditions was he offered

$500 by --

A. Yeah, if he don't do no -- if he

pleads guilty and don't embarrass him in the

court. That was the agreement.

Q. And that $500 --

A. And he went along with the guilty

plea. He put in a guilty plea.

Q. We understand that $500 was to be

taken to hire a new lawyer to try to set it

aside?

A. Yes.

Q. Was there in fact an application to

set aside that guilty plea shortly

thereafter?

A. As soon as James got to Nashville, he

wrote a letter to Judge Preston Battle and

asked him to take the letter for motion for a

new trial and that Percy Foreman has been

relieved. And when Battle died a few

days -- I don't know, 20 days or whatever it

was after the guilty plea, he had three

letters from James asking for a trial.

MR. PEPPER: Your Honor,

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plaintiffs move admission of this letter.

(Whereupon, the above-mentioned

document was marked as Exhibit 19.)

Q. (BY MR. PEPPER) So he pled guilty and

was sentenced to 99 years. Did there come a

time when you had further contact with

William Bradford Huie?

A. Yes, back in -- I think October I

believe it was of 1977 when James Earl Ray

escaped from Brushy Mountain Prison. His

attorney then was Jack Kershaw, and I

knew -- I had known Mark Lane, an attorney.

And Playboy came out with a dirty story about

my brother so I recommended to James that he

get Mark Lane to represent him. So Mark Lane

took over the case. Just before he escaped,

the trial was supposed to start. That was in

October.

Q. Let me try to move you through to the

point at hand. Did you have a conversation

with William Bradford Huie around that time,

October of 1977?

A. Yes, sir. The day after the escape

trial, I called William Bradford Huie.

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Q. And James had been in prison then for

approximately eight years?

A. Yeah.

Q. And in the course of that

conversation, did Bradford Huie make an offer

to you --

A. He made --

Q. -- to take to James?

A. Yeah, he made an offer, and we got it

on tape. He made an offer that we taped for

$220,000 if I get him in to see James.

Q. Well, he wasn't paying $220,000 for a

visit.

A. No, no.

Q. What was the offer?

A. $220,000 if he would tell him about

killing King and he had to give him, you

know, a story about that he killed King and

that -- he said that's the only way a book

will sell if you write a book that he killed

King.

Q. What would James do with $220,000 if

he was in prison?

A. Well, he said that -- he explained

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that -- he started off with that Blanton was

the governor, and he said we get James out

through Blanton and you and James both can

live good in another country.

Q. So he was going to arrange a pardon?

A. Yes, through Governor Ray Blanton.

Q. Did you record that telephone

conversation?

A. Yeah, it was all taped. Me and Mark

Lane taped it.

Q. And was there a transcription of that

recording?

A. Yes.

Q. Let me show you this transcription.

(Document passed to witness.)

Q. Would you tell the Court and the jury

what is the heading of that transcription,

the date, time and place?

A. It's October 29, 1977, a.m. -- 9:45

a.m. Jerry William -- Jerry Ray or William

Ray, Bradford Huie, Oak Ridge, Tennessee,

rural Scottish Inn.

Q. Would you just look through that

transcription and see if you recognize it as

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the transcription that was made of the tape

recording of that conversation?

A. Yeah, that's it.

MR. PEPPER: Plaintiffs move the

transcription into evidence.

(Whereupon, the above-mentioned

document was marked as Exhibit 20.)

Q. (BY MR. PEPPER) What happened to the

tape of that conversation?

A. Mark Lane made the tape and he turned

the copy over to the House assassination

Committee that was investigating the King

assassination of Kennedy at the time, and he

kept the other one.

Q. So the House Select Committee on

Assassinations had a copy of that tape

recording?

A. Yes, had a copy of it.

Q. That same committee decided that

there was no Raul?

A. Yeah.

Q. Is that right?

A. That's right.

Q. And that in fact James got his money

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that he said Raul gave him from robbing a

particular bank in Alton, Illinois?

A. That's right.

Q. Did James rob that bank in Alton,

Illinois to the best of your knowledge?

A. No. I don't know who robbed that

bank. It's still unsolved. I know they had

claimed that me and James robbed the Bank of

Alton.

Q. They not only claimed that, there was

a front page, column one article in the New

York Times on the 17th of November 1978. I'd

like to show you that article.

(Document passed to witness.)

A. Yeah.

Q. Now, that article claims, does it

not, that the Times investigation, the FBI

investigation and the congressional

investigation all --

A. Yeah.

Q. -- concluded that you and your

brother robbed that bank?

A. Yeah, robbed that bank.

Q. Did you take any steps yourself as a

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result of those charges?

A. Well, what happened was I was in

St. Louis and James was testifying in

Washington in front of the assassination

committee, and they said we're going to prove

you and your brothers robbed the Bank of

Alton and used the money to finance the King

killing. So a friendly reporter there named

James Alber (spelled phonetically) -- Mark

Lane had called him the same day they accused

us when he got a recess from the

assassination committee and asked him to take

me over there and waive the statute of

limitations.

And so Alton, Illinois is only about

20 miles from St. Louis, Missouri. So we

drove over there and we went in the police

station. First, we went in the bank and they

had a different president then. And so then

we went down to the police station and I

turned myself in and waived the statute of

limitation so they could prosecute me. And

they said are you here to confess to the

crime. I said I can't confess to a crime

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that I didn't commit, but I said Congress

accused me of committing a crime so I'm here

to stand trial. He said you never was a

suspect.

Q. The police officials in Alton,

Illinois said you never were a suspect?

A. Never was a suspect.

Q. Did they ever explain to you how this

type of article got written?

A. No, no. They was mystified that, you

know, they even accused me of doing anything,

and so I don't know if it was FBI making

stuff up or where it's coming at. But it

became -- and like I say, I knew I couldn't

have been a suspect because I worked from '65

to '68 in the North Brook -- Sportsman's

Country Club in North Brook. Never was late,

worked six nights a week, never was late or

never missed a day.

Q. Did they tell you that they had been

interviewed by the New York Times?

A. No, they didn't say anything.

Q. There was no reporter from the New

York Times that interviewed them?

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A. Not that I know of.

Q. Did they tell you they had been

interviewed by a House Select Committee

investigator?

A. No.

Q. Did they tell you they had been

interviewed by the FBI?

A. No. As far as that, no, nobody had

ever talked to them about it as far as I know

because they didn't say anything about it to

me.

Q. Yet somehow this appears column one,

New York Times, byline Windell Walls, Junior.

A. Yeah.

Q. 17th of November.

A. See, I don't know if this has

anything to do with it, but in 1981, F. Lee

Bailey had a TV show called Lie Detector on

and they threw me out there. We did two lie

detector tests, and I got tapes of the test

put away. And one, if I was involved in the

King assassination and the one was was I

involved in any bank robberies. And we did

two shows and both showed I was innocent. I

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wasn't involved in no bank robberies or no

Assassinations.

Q. Mr. Ray, let me show you an FBI

air-tel dated on July 19th which supplements

one of 7-26-68, and it has to do with an FBI

review of all fingerprints related to bank

robberies at the time in question.

(Document passed to witness.)

Q. What is the conclusion of the

bureau's analysis of all of the fingerprints

of suspects at that time with respect to

James Earl Ray? This is a comparison of your

brother's fingerprints.

A. According to this, they took

fingerprints and it wasn't his. They

couldn't pick up his fingerprints.

Q. What's the last two or three words?

A. The last -- no identification

effected.

Q. And that was in '68?

A. That was in -- let's see, where is

it? 8-1-68 I think. Yeah, or 8-2-68.

Q. About a year after --

A. The bank was robbed.

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Q. -- the bank was robbed and some nine

years before the allegations again surfaced?

A. Yeah.

Q. Did you testify before the Select

Committee on Assassinations?

A. Yes, I testified.

Q. Did they raise this issue with you?

A. Yeah, they raised the bank robbery.

I couldn't believe it when they raised the

bank robbery. I told them, I said, what, are

you pulling a joke here? I said I've been

over to the bank and the police station and

turned myself in. Oh, we're not playing no

joke he said and so -- but then they

basically got off that bank. And at first,

he started on the banks and the races and all

this other stuff. Every time they had a

different reason the reason he killed King.

Q. Do you know what the House Select

Committee on Assassinations concluded with

respect to whether or not your brother was a

racist when racism was a motive in this

crime?

A. Yeah, even they admit that wasn't

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true, that he wasn't a racist. They went

through his background, our whole family

backgrounds, and they couldn't find nothing

in our backgrounds.

Q. Moving on, Mr. Ray, did it ever occur

to you in the course of your brother's

imprisonment, either to him or to you, to

contact the family of the victim in this

case?

A. I thought about the King family a lot

over the years, and in a way I wanted to, but

James -- I talked to James about it. He said

don't bother them people. He said they've

had, you know -- they've lost that. He said

they're liable to look at you and think

you're the brother of the murderer. He

didn't know how they felt, see, and it wasn't

until he was dying then a lady reporter from

the New York Times called me up. And I don't

remember her name.

And she asked me if I would talk to

the King family if I had a chance, and I said

sure I'd talk to them. And I told her the

same thing. I said if me and James ever

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talked to them, he goes we'd be out of order,

you know, trying to talk to them. And then

this reporter told Dexter or Coretta King

what I said and that's how we got talking

together.

Q. And that's how the communication

started?

A. Yeah, that's how the communication

started.

Q. Were you surprised when they took a

position in support of a trial for your

brother?

A. I was because I knew it was going to

hurt them bad because the government media,

they're going to really come down on them

like they come down on the Ray family. So it

surprised me because I knew for all these

years they've been getting good press, and

all at once, the press is going to turn

against them.

MR. PEPPER: Thank you, Mr. Ray.

THE WITNESS: Thank you.

MR. PEPPER: No further

questions.

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THE COURT: Let's see if

Mr. Garrison has any questions for you.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Mr. Ray, you and I have talked

previously a few times.

A. Yes, sir.

Q. And you understand we're here trying

to get the truth.

A. Yeah, that's what we're after, the

truth.

Q. Let the chips fall where they may.

You understand that, don't you?

A. Yes.

Q. Let me ask you something. Going back

to the time that your brother escaped from

prison, how long had he been serving then?

How long had he been in the prison there?

A. He had already been in seven years

and he had a 20-year sentence.

Q. And had he made some effort to escape

before this time?

A. Yes, he had tried to escape before.

Two or three times -- I forget exactly.

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Q. Did he ever state to you that he had

any contact or any influence with a warden of

that prison?

A. No, he never did. In fact, like I

said, I only visited him a couple times in

seven years at the prison. And John, I don't

know, my other brother, he visited him maybe

four or five times. But when I went down

there them two times, it was just a friendly

visit.

Q. And when he escaped, you said I

believe that you met him the next day?

A. Yes, sir.

Q. And where was that that you met him?

A. Well, John brought him up. John

picked him up when he escaped and he brought

him to the Fairview Hotel. That's on South

Michigan Avenue in Chicago.

Q. And his plan at that time was to get

a job and then try to get into Canada?

A. Yeah, he -- the next day -- we all

three stayed together that night, and the

next day John drove back to St. Louis and I

went back to North Brook. But before we did,

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we each give him $100.

Q. Okay. Mr. Ray, let me ask you

something. You -- after the assassination,

you talked to your brother I know several

times or at some time to confer with him?

A. Yes, sir.

Q. Did you ever ask him who he thought

did the assassination?

A. Not completely. He knew some way

that they know who done it and that it's

being covered by the FBI, but he didn't know

who done it or why it was done. And

everybody got their own speculations and

that's why even until the day he died, he

fought to get these files released that's

locked up and won't be released for another

30 years. And Clinton said they could be

released, but they still won't release them.

Q. Why are those files sealed for 30

years? Have you been told?

A. Like James said before he died, they

didn't seal them files to protect me.

Q. Who sealed the files?

A. The assassination committee, they had

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them sealed and then I guess with Congress.

Q. Let me ask you, as you know, I've

spent two days taking your brother's

testimony in prison. Did you ever see him

with this person called Raul?

A. No, no, I never -- I only heard him

mention his name one time. That's when he

came back from Canada.

Q. Did you -- did he tell you that Raul

was financing him and helping him?

A. Yeah, he said he was working for

Raul.

Q. What kind of work was he doing for

Raul?

A. I don't know. I knew it was

something illegal. I assumed gun or drugs or

something because he's telling me about

taking them cars to different cities, you

know, and dropping them off so I figured it

was narcotics.

Q. Do you know -- did you have any

discussion with your brother before he

entered a guilty plea? Did you have any

conference with him about that?

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A. Yeah, I came down to visit him. See,

everything we said was taped so you have to

watch what you say and they got the lights

and everything because I didn't want to see

him plead guilty. I knew what struggle he

was on, but he told me too the last time I

seen him he still hadn't made up his mind.

He was still fighting to go to court, and he

told me that Foreman told him if he didn't

plead guilty, they was going to put my dad in

prison which my dad had jumped parole back in

the twenties and was going to charge me as

being an accessory to the murder.

Q. Let me ask you, did you know he was

going to escape before he did?

A. No, I didn't know that. John did. I

didn't.

Q. You had no knowledge?

A. No. I was working up in North

Brook. I was working there like I say six

nights a week.

Q. Did he ever mention to you as to how

he came up with these aliases that he had,

where he got those names from? He had

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several aliases.

A. No, I never did -- I knew a couple of

them -- a Harvey Lomar he used. I grew up

with a guy named Harvey Lomar, a friend of

mine in Quincy, Illinois, but the other one

like the Eric S. Galt and the Ramone Sneyd, I

didn't know how he got them.

Q. Mr. Pepper asked you about the

congressional committee. You testified in

that, didn't you?

A. Yes.

Q. All right. And the conclusion was

that your brother was the one that did the

assassination, wasn't it?

A. I think their conclusion -- if I

remember right, they claimed that he heard of

a $50,000 bounty while he was in the Missouri

prison and he went out and killed King but

didn't pick up the bounty and took off. That

was actually kind of a sad joke. Here you're

going to go out and commit a crime and all

this money spent traveling all over the world

and don't pick up the bounty. Yeah, there's

supposed to have been two guys, Sutherland

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and Kauffmann, in St. Louis supposed to have

been racists that put up the $50,000 bounty,

but they was both dead.

Q. Mr. Ray, had you ever heard anything

about a bounty from someone in Missouri on

Dr. King's life?

A. No. The only thing I heard is what

the assassination committee -- when they came

out, that's the first I heard of it.

Q. Did your brother ever mention to you

that he was ever in a place called Jim's

Grill at any time?

A. No, I don't -- see, the only thing I

can remember, he was telling me about where

he was at at the time that King got killed.

He was at a service station trying to get a

tire fixed, but he never did hardly mention

Jim's Grill to me. I'm not saying he wasn't

in there because I don't know.

Q. Let me ask you this. Did he tell you

that the day this happened that he had gone

up to this rooming house and had registered

as a guest, paid some money? Did he ever

tell you that or did he tell you what he was

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doing there?

A. Oh, yeah, he told me that I think it

was at the DeSoto Motel he had bought this

gun -- was in Birmingham I think it was. And

then he -- then Raul said it was the wrong

one and he had to take it back and get

another one, and he told him to meet him at

that motel in DeSoto. Then he picked the gun

up or Raul picked the gun up that night and

later on told him to rent a room on this

place on Main Street.

Q. Did he tell you that he had gone into

the rooming house and had taken any of his

clothing or personal items?

A. No, I didn't ask him what he brought

in there. I never did -- the only thing I

knew, he went in there and they had -- later

on that night had Raul and another guy in

there. And he said that Raul used his car a

lot, that Mustang, so Raul told him he

wanted to use the car later that time and he

wanted to talk to this guy, you know, by

himself anyway. So James told him, he said

I'll go get the tire fixed. He had a flat

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tire coming in, and that's when he went up to

get the tire fixed.

Q. He spent some time in Atlanta, did he

not, before the assassination?

A. Yeah. He lived in Atlanta. I can't

remember the name of the place he lived at,

but some apartment places in Atlanta.

Q. Okay. Mr. Ray, let me ask you this.

You're aware of the fact that after the

assassination, a map was found that your

brother owned that had a home, business and

another location where Dr. King stayed that

was supposed to be part of his property.

You're aware of that, aren't you?

A. Yeah, I've read that.

Q. Have you ever seen the map?

A. No. The only thing I know is what I

read. I read something that something was

circled -- a church or --

Q. A church and his office I believe was

circled.

A. Yeah.

Q. Did you ever see the Mustang that was

supposed to be driven by your brother -- the

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white Mustang?

A. No. I've never seen it in my life to

this day because I never did see James after

he left Chicago. Then when they took the

Mustang, I think they sold it to somebody

here in Memphis -- a car lot.

Q. After the assassination on April 4th,

1968, when did you hear from your brother

again? Did you talk to him any more after

that, the 4th?

A. No. After -- I can't remember for

sure. I think it was about two months before

the assassination. Then the next time I

talked to him is when they brought him back

from England to Memphis.

Q. So you had not talked to him from the

assassination up until he was brought back?

A. Until he was brought back. And

within a week after he was brought back, I

drove down and visited him.

Q. Did you know where he was during that

time?

A. Oh, no, no. See, the FBI would keep

me in their office all day long after they

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had discovered they was looking for James

Earl Ray. And the FBI, they would take me

downtown. I was working at night and in

there all day because the FBI told me if he

ever gets in touch with you, will you let us

know, and I said you'll know before I know.

Q. Well, did he ever mention anything

about the fact that this Raul had indicated

to him that they wanted to assassinate

Dr. King? Was anything ever said about that?

A. No, no, no. Huh-uh, no. He never

had got involved in anything like that -- no

murder or nothing like that. The only thing

he was trying to do was just make enough

money to get out of the country, and he said

that guy's paying him good.

Q. Mr. Raul was paying him?

A. Yeah. He only mentioned Raul's name

once by name, and right after that he said

he's paying him good. And I believe he was

talking about the same person.

Q. Let me ask you this. Mr. Ray was

never seen anywhere with this Raul that you

know of, was he?

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A. Well, I don't think Mr. Pepper

brought or Attorney Pepper brought this up,

but James sent me down twice -- once right

after the guilty plea. That's what that $500

was for, to go down to New Orleans, because

he'd meet Raul in the Bunny Lounge. That's

on Canal Street.

Q. What was the name of that?

A. The Bunny Lounge -- Bunny lounge.

And it's on Canal Street. And James told me

exactly where it was at, and I went in there

and had two barmaids -- and I mentioned

Raul, you know, like on a friendly term.

Otherwise, you get suspicion and they want to

know what's going on. And the barmaid hadn't

heard of Raul. Then I asked another one

about Randy -- Randy Rosenson because one

time after Raul used a car, when James got

it back, it had a card stuck down in the

side. And on it, it had Randy Rosenson's

name on there and a phone number. And so

then James sent me down again in about '72

and trying to run this guy down. So then

that's when a barmaid said, well, that's

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probably Randolph Rosenson.

So I go back, and James then -- she

says something about he lives in Miami. And

so then I go back in and James had me fly

down to Miami and go to check up on Randolph

Rosenson. They subpoenaed him in front of

the assassination committee, but I don't know

what the outcome was. But anyway, his card

was found in James' Mustang after Raul used

it one time.

Q. When your brother testified before

the assassination committee, were you there

present?

A. No, I was in St. Louis. I watched it

on live TV.

Q. Were you surprised that he entered a

guilty plea?

A. Yeah, I was. I was. I was. Most

people -- I've talked to a lot of people that

in a way don't believe he's guilty, but why

would he plead guilty to something like this

if he didn't do it and --

Q. Did you ever ask him that very

question?

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A. Yeah, well, he kicked himself after

he got out of that place they had him in,

see, and he said that's the worse mistake I

ever made in my life because it's hard to

overturn. But like Mark Lane and them talked

about that.

That was worse where he was at than

the Nazis they put on trial in World War II

after Nuremberg because they had the lights

on, the heat on, they had a policeman in

there with him 24 hours a day and he'd

breathe everything he done. And he couldn't

get no visitors. If he did, he had to write

notes to them unless you wanted the state to

know what he was talking about. Then on top

of that, Foreman said they were going to put

me in prison and put my dad in prison if he

didn't plead guilty.

Q. Did you ever know that your brother

owned a rifle of any type? Did you ever know

of any type rifle he owned?

A. No, huh-uh. He wasn't a good shot

anyway, see, if he shot anything. I think

they classify you when he went in the Army

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and he was a poor shot.

Q. Mr. Ray, was your brother in Los

Angeles some of this time after he escaped

from the Missouri prison?

A. Yeah, he spent time -- I didn't know

about it at the time. I found out later he

was out in L.A. a lot.

Q. But you learned he was in Los Angeles

some of the time?

A. Yeah.

MR. GARRISON: That's all, Your

Honor.

THE COURT: All right.

MR. PEPPER: Nothing further,

Your Honor.

THE COURT: All right. Mr. Ray,

you may stand down. You can remain in the

courtroom or you're free to leave.

THE WITNESS: Okay. Thank you.

(Witness excused.)

THE COURT: At this point we're

going to take break.

(Jury out.)

(Break taken at 11:40 a.m.)

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THE COURT: Let's bring the

jury out, please, sir.

(Jury in at 12:07 p.m.)

THE COURT: Call your next

witness.

MS. AKINS: Good morning, Your

Honor. We have two statements -- FBI

reports, 302's. Both are taken or one taken

April 25th, 1968.

Mr. Ray Alvis Hendrix, Room 14, Fox

Hotel, 106 Vine Street, Memphis Tennessee,

advised that he is employed by the Corps of

Engineers, U.S. Government on the Dredge

Oakerson. Mr. Hendrix stated he worked about

six months in nice weather and is off the

other six months of the year.

Mr. Hendrix stated that on the

evening of April the 4th, 1968, he and Bill

Reed, who resides in Room 4 of this hotel,

ate their dinner at Jim's Grill located at

418 South Main Street, Memphis, Tennessee.

He stated they left the grill at

approximately 5:30 p.m. and slowly walked to

the Fox Hotel. He said they walked on the

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east side of South Main Street.

Mr. Hendrix commented that when they

left Jim's Grill he forgot his jacket and had

to return for the jacket. He said he learned

later that while he was getting his jacket,

Bill Reed looked at a white Mustang that was

parked almost in front of Jim's Grill. He

said he did not notice this Mustang or any

other cars parked in front of Jim's grill.

He stated, however, that when he and

Bill Reed approached the intersection of

Vance and South Main Street, Bill Reed pulled

him back to the curb because the car was

turning the corner. He said this car was a

white Mustang and that after the car turned

the corner Bill Reed commented to him that

this was the Mustang that was parked in front

of Jim's Grill which he looked at while he,

Hendrix, was retrieving his jacket.

Mr. Hendrix stated he did not see

who was in the car but believes there was

only one person. He said he could not

describe him and would not be able to

identify the driver of this car.

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Mr. Hendrix stated that as they were

returning to their rooms or possibly or just

entering their rooms, they heard sirens in

the immediate area and going south on South

Main Street. He said he later learned that

the sirens were from police cars that were

going to the scene of the murder of Martin

Luther King. He said as near as he can

recall, he heard the siren about 6:00 p.m. or

just a few minutes after 6:00 p.m. on

April the 4th, 1968.

Mr. Hendrix stated that the Mustang

had turned the corner and proceeded east on

Vance Street, did not turn the corner very

fast or made the tires squeal. He said he

did not watch which way the Mustang turned or

how far it traveled on Vance Street.

Mr. Hendrix also stated he could not

furnish any information as to the cars parked

or traveling in the immediate area of Jim's

Grill at the time that he and Bill Reed

left. He also stated he could not furnish

any information concerning individuals in the

immediate area of Jim's Grill at the time he

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left to return to his room.

THE COURT: What's Mr. Hendrix's

first name?

MS. AKINS: Ray Alvis Hendrix.

THE COURT: Thank you.

MS. AKINS: Your Honor, the

second statement, also FBI report number 302,

was taken April the 15th, 1968, by

Mr. William Zinny Reed. These are pages 66

and 67.

Room 6, Clark Hotel, 106 Vance

Street, Memphis, advised he is employed as a

salesman for a photography firm and is

currently working in the Memphis area. Mr.

Reed stated that on April the 4th, 1968, he

and Ray Hendrix stopped at Jim's Grill, 418

South Main Street for something to eat. He

said he was in Jim's Grill for some time and

feels that he arrived there at approximately

4:30 p.m. and believes that he left between

5:15 p.m. and 5:30 p.m.

He said when he left, he picked up

his hat and he and Ray Hendrix paid their

check and left Jim's Grill. He said that

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they left the entrance of Jim's Grill and

proceeded north on South Main Street for 10

feet when Ray Hendrix remembered he left his

jacket in Jim's Grill. Mr. Reed stated he

waited in front of Jim's Grill while Hendrix

went back for his jacket.

He commented that while waiting, he

looked and saw a white Mustang was parked

near the entrance of Jim's Grill. Mr. Reed

stated he does not have a car and is in the

market for a car and was considering buying a

Mustang and therefore he looked this car

over. He said he believed the car was an off

white color, that it was not dirty but was

not exactly clean either.

He said he believes this car had not

been recently washed. He said he does not

recall the color of the interior but believes

that it was a dark color. He said he does

not recall seeing anything inside the car

other than five cartons lying on the back

seat. He described these cartons as being

the size of a tin package cigarette carton.

He said these cartons were red and

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white in color, but does not remember any

lettering on the cartons nor does he remember

whether the white or the red was dominant.

He said when he saw these cartons he felt

that the owner of this car was probably a

traveling salesman -- that the owner of this

car was probably a traveling salesman.

Mr. Reed stated he does not know

whether or not any stickers were in the

window of this car and he did not look at the

license. He said he does not recall if the

Mustang had whitewall tires and if it had

wheel covers.

Mr. Reed stated that after Hendrix

obtained his jacket from Jim's Grill, they

proceeded north on South Main and walked on

the east side of South Main Street. He said

when they arrived at the intersection of

Vance and South Main, he was about ready to

walk off the curb when for some unknown

reason he looked around to see if there were

any cars coming. He said as he looked back,

he saw a white Mustang about ready to turn

the corner and go east on Vance from South

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Main Street.

He said he does not know if this is

the same car he saw parked in front of Jim's

Grill but added it seemed to be the same

car. He said he did not see who was in the

car but believes it was a white male with a

white shirt, but does not recall if this

individual had a tie or hat on. He said he

had the impression this person was not young

but was not old. He said he would have no

way of estimating the age of this person.

Mr. Reed said the Mustang proceeded east down

Vance Street. He has no idea where the car

went after it turned the corner.

Mr. Reed stated that he went to his

room and that he had been in his room for

quite some time, possibly as much as 15

minutes when he heard numerous sirens in the

immediate area going down toward Jim's

Grill. He said he learned later that Martin

Luther King had been shot and that the sirens

he heard were from officers going to that

immediate area.

Mr. Reed advised he could not

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furnish any additional information concerning

any cars parked on the street or any people

in that immediate area.

Your Honor, we move that these

statements be marked as plaintiffs' exhibits.

THE COURT: You want to do them

as collective or marked separately?

MS. AKINS: They can be

collective, Your Honor.

THE COURT: Please mark them as

Collective 21.

(Whereupon, the above-mentioned

documents were marked as Collective Exhibit

21.)

THE COURT: Also, ladies and

gentlemen, the new face that you see with

Mr. Pepper and his group is Mr. Dick

Gregory. All right. Call your next witness.

MR. PEPPER: Thank you, Your

Honor. Your Honor, plaintiffs call

Lieutenant Willie B. Richmond.

WILLIE B. RICHMOND,

having been first duly sworn, was examined

and testified as follows:

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DIRECT EXAMINATION

BY MR. PEPPER:

Q. Good afternoon, Mr. Richmond.

A. Good afternoon.

Q. Thank you for joining us here this

afternoon. Would you state your full name

and address for the record, please?

A. Willie B. Richmond.

Q. And your address?

A. 1411 Favell Drive, Memphis,

Tennessee.

Q. What is your present occupation,

Mr. Richmond?

A. I'm retired.

Q. And where were you employed

previously?

A. Memphis Police Department.

Q. And when did you first join the

Memphis Police Department?

A. February the 1st -- February the 2nd,

1965.

Q. Nineteen sixty --

A. Five.

Q. Five. And when did you officially

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retire?

A. April 26, 1997.

Q. So you're a long-standing police

officer?

A. Thirty-two years.

Q. And what was your final rank?

A. Captain.

Q. You reached captain. Now, on the

occasion of the sanitation workers' strike in

February and March and April of 1968, during

those turbulent times, what was your

assignment in the police department?

A. I was assigned to the Internal

Affairs Bureau at that time during the

sanitation strike.

Q. Would you be kind enough just to pull

that mike a little closer to you?

A. (Witness complies.)

Q. You were assigned to internal

affairs?

A. That's correct.

Q. And what did that assignment entail?

What did it mean to be assigned to internal

affairs?

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A. Observe workers to see if any trouble

was going to come up.

Q. Did there come a time when you were

assigned to a surveillance post in the fire

station number two on South Main Street?

A. If that was the one that was at

Calhoun and Main, it was.

MR. PEPPER: All right. Why

don't we just pull that out so we refresh

Captain Richmond's memory.

(Map exhibit set up.)

MR. PEPPER: Permission to

enter, Your Honor?

THE COURT: Yes, sir.

Q. (BY MR. PEPPER) Mr. Richmond, this is

the fire station we're talking about here

(indicating) which is on South Main on the

corner of Butler and South Main. Do you

recognize it?

A. Yeah, that's it. Butler and South

Main.

Q. All right. And where were you on

surveillance duty when you were assigned

here?

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A. I was in the back where the sleeping

quarters is next to Mulberry Street. There's

a sleeping quarters back there.

Q. Back here in the rear of the fire

station?

A. Right.

Q. And where were you looking in

particular during your surveillance duty?

A. I was looking at the parking lot area

to the Lorraine Motel.

Q. But from here across to the Lorraine

Motel?

A. Right.

Q. Do you recall when you started, when

you took up that position first?

A. That particular day, I had gone out

that morning -- but I came back -- to take a

blood test because I was getting married that

coming Sunday.

Q. All right.

A. And I went back down there later on

that evening about maybe 2:30, 3:00.

Q. You came back around 2:30, 3:00?

A. Correct.

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Q. And you then resumed your

surveillance?

A. Correct.

Q. Were you alone or did you have a

partner with you?

A. I had a partner.

Q. And who was that?

A. Detective Redditt.

Q. So the two of you shared that duty?

A. That is correct.

Q. Did there come a time that afternoon

when you were left alone on duty?

A. When I had finished my blood test, I

went back to the office, internal affair's

office, and I was told to go down to the

station to relieve Redditt because he had

been threatened.

Q. So you were told at that point to go

down to the station and relieve him. He was

going to be relieved of responsibility, taken

off?

A. Correct.

Q. And you were going to continue the

surveillance by yourself?

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A. That is correct.

Q. To whom did you report when you were

carrying out this surveillance activity?

A. I called the office and usually I

talked to -- it was then Captain Gerald Ray

or Inspector Time (phonetic), and I can't

remember which one I talked to now.

Q. But you would speak with one of those

two officers?

A. One of the two. Most of the time it

was Ray.

Q. Captain Richmond, let me pass this

report to you.

(Document passed to witness.)

Q. Do you recognize this document?

A. Well, it looks like the statement I

gave on April the 9th, 1968 to Lieutenant

J.D. Hamby.

Q. Right. This is a statement you gave

to Lieutenant J.D. Hamby on April 9th, 1968?

A. That is correct.

Q. Now, this retraces your activity on

this surveillance duty from April 3rd through

the assassination; is that correct?

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A. That is correct.

Q. If you'll turn over to page 2, we're

still on April 3rd. Is there anything of

particular notice or moment that's taken

place on April the 3rd that you can see?

A. No, sir, not in particular.

Q. You see a reference to the Invaders

about midway down that page? Reference to

the Invaders occupying rooms 315 and 316?

A. I see it.

Q. Were the Invaders of particular

interest to you at that time?

A. No, sir.

Q. You were just commenting that they

were there?

A. That's it.

Q. Now, when Dr. King arrived in the

city for that last visit, were you at the

airport?

A. I was.

Q. Did you have a conversation with

anyone connected with either his group or

with the local clergy having to do with

security or protection for him on that last

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visit?

A. I didn't, but my partner did.

Q. Your partner did. Were you present

when that conversation was taking place?

A. I was there.

Q. And with whom was the conversation?

A. I believe he spoke with Reverend

Kyles.

Q. Reverend Samuel Kyles?

A. Right.

Q. And what was the gist of the

conversation with respect to security

protection for Dr. King?

A. At that time we was told that

Dr. King hadn't wanted any police protection.

Q. You were told that Dr. King didn't

want any protection.

A. Police protection.

Q. Any police protection. And this was

told to you in this conversation by Reverend

Kyles?

A. I think it was Reverend Kyles. I'm

not sure, but I believe it was Reverend

Kyles. He was the one that said it I

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believe.

Q. He was the one who said it you

believe?

A. Uh-huh.

Q. Were you familiar with what position

Reverend Kyles held in Dr. King's

organization?

A. No, I was not.

Q. And you didn't know he held no

position in Dr. King's organization?

A. I did not.

Q. If you'll move on to page 3 of your

statement, Captain Richmond, about two-thirds

of the way down the page, do you notice your

note? And I'll read it. "At 2:05 p.m.

Reverend Samuel Kyles arrived and went to

room 307 and departed at 2:23 p.m." You see

that note?

A. Yes.

Q. Do you know who was in room 307 at

that time?

A. Well, at that time, no, I did not.

Q. Let's move on to page 4, please.

A. (Witness complies.)

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Q. The first full paragraph. Would you

read the first full paragraph starting at "at

approximately 5:50 p.m." to us, please?

A. Okay. It says, "Approximately 5:50

p.m., John Smith, Milton Max, Charles Cabbage

and one female colored and approximately six

or seven more of the Invaders opened the door

of their rooms, and I could see them

gathering their belongings. They then

brought them down the stairs and placed them

in the trunk of a light blue Mustang, license

number BL 3750, and they left the motel.

They was going west on Butler to Main."

Q. If I could just interrupt you there.

So at 5:50 p.m., your eye witness recording

sees the Invaders just bustling out of --

hustling out of that motel, leaving the

hotel?

A. They left.

Q. And that's within 11 minutes of the

shooting?

A. Approximately.

Q. Would you continue reading the next

paragraph, please?

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A. "Immediately after the Invaders left,

the Reverend Samuel Kyles came out of room

312 and went to the room where Martin Luther

King was living. He knocked on the door and

Martin Luther King came to the door. They

said a few words between each other and

Reverend Martin Luther King went back into

his room closing the door behind him, and the

Reverend Samuel Kyles remained on the porch."

Q. Right. So you're telling us there

from your eye witness report that Reverend

Kyles knocked on Martin Luther King's door at

about ten minutes to six or shortly after ten

minutes to six, said a few words to Dr. King

after he opened the door. Then when the door

was closed, Dr. King went back into his room

and Reverend Kyles remained on the -- you

call it the porch, but on the balcony?

A. The balcony.

Q. Now, a little further down in the

next paragraph, you record Martin Luther King

coming out onto the balcony. Do you see that

reference there? And if you could read from

the words "at this time the Reverend Martin

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Luther King returned. " Do you see that?

A. I see it.

Q. Would you read that note, please?

Middle of the next paragraph.

A. Okay. "At this time Reverend Martin

Luther King returned from his room to the

gallery and walked up to the handrail. The

Reverend Kyles was standing off to his

right. This was approximately 6 p.m. At

this time I heard a loud sound as if it was a

shot and saw Doctor Martin Luther King fall

back on the handrail and put his hand up to

his head.

At 6:01 p.m., April 4th, 1968, I

reported this to the inspection bureau. I

returned to remain there and keep

surveillance. Also, here now and at the time

I heard the shot, the men of the tact squad

which consists of the sheriff deputy and the

Memphis police department was in the fire

house number four. I immediately hollered to

them I believe that King has been shot.

At this time the men of the tact

squad scramble out of the fire house

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immediately going in all different

directions. Some went to the hotel. Some

went down the street. Later, the fire

department ambulance arrived approximately

five minutes later and departed to the

hospital with Reverend King."

Q. That's fine, you can stop there.

These were your recollections at the time

contemporaneously as you observed what was

going on at the Lorraine; is that right?

A. Correct.

Q. Nowhere in these notes do you record

Reverend Kyles going into Reverend King's

room 45 minutes, an hour before the shooting,

do you?

A. No, I don't.

Q. And if he had done so, is it fair to

say that you would have recorded this entry?

A. I recorded pretty much everything

that went on. I don't have my notebook now,

but we carried little small notebooks.

Q. Right.

A. And I wrote everything down as I saw

it.

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Q. As you saw it?

A. As I saw it.

Q. That was your duty.

A. Correct.

MR. PEPPER: Thank you very

much, Captain Richmond. Plaintiffs move

admission of Captain Richmond's report into

evidence, Your Honor.

THE COURT: All right, 22.

(Whereupon, the above-mentioned

document was marked as Exhibit 22.)

MR. PEPPER: Nothing further.

CROSS-EXAMINATION

BY MR. GARRISON:

Q. Captain Richmond, let me ask you a

couple of questions. I notice on this same

report that you were just reading from you

were asked a question, did you see anything

suspicious, anyone acting boldly, and your

answer was that you did not see anyone acting

with suspicion or anyone that created any

concern to you; am I correct, sir?

A. That is correct. I didn't.

Q. Sir?

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A. I did not.

Q. You also were asked for your

impression of where the shot came from, and

you said it sounded to you like it came from

the northwest side of the fire station toward

the street side?

A. That's exactly where it sounded like

it came from to me.

Q. It sounded like the north/northwest

from the police station? That's what you

said in this report I believe.

A. Yes, uh-huh.

Q. And that's where you thought it came

from at first, isn't it?

A. I have no idea where it came from.

That's what it sounded like to me.

MR. GARRISON: That's all I

have.