# Appendix — Southeastern Promotions, Ltd. v. Conrad > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0126%3A2 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1975 - **Citation:** 420 U.S. 546 ## Text * N * 1 * 2 * } | * 5 ’ . 7 — 2 * _ * . 7 n * * 8 « * * 2 ‘ . * a * 1 150 924 5 1 * 1 4 * > ; 4 * 4 „ . 4 . i N * 5 * * 5 1 “ * : ° >. 0 — U — 7 i ~- aes „ * * „* 0 — es * ‘ 4 4 * * * 4 5 * ; * vi et. N sae 7 Kt . ; Pie eo. . 4 . . 2 a. | 7 . 5 . ~ , 2 d 7 ‘© o™ 7) 2 * 1 . ‘© * . . * 4 . ‘ „% * 9 * * — — rei ¢ . Bie. . — . . N 5 ey : — . N ) 5 — TABLE OF CONTENTS Docket Entries Complaint and Application for Temporary Restrain- ing Order and alternatively for Preliminary Injunction Motion to Dismiss Answer of Defendants Excerpts from Transcript of Proceedings Volume I Testimony of Robert Cherin Direct Examination Cross Examination Testimony of Steve Conrad Direct Examination Cross Examination Volume II Excerpts from Proceedings Testimony of Steve F. Conrad Direct Examination Cross Examination Recross Examination Volume III Testimony of Wilkes T. Thrasher, Jr. Direct Examination Cross Examination Recross Examination Testimony of John Ellis Direct Examination Cross Examination u. Page Testimony of Coyel Ricketts r ek ce eabeboeake 65 lerer 68 Testimony of Albert L. Gresham ,, ̃ O:... 79 Testimony of Donald Klinefelter PE ‚⁰‚mjp oc vc doc davis sols i beiay 91 ELLE EN Te 92 Testimony of Robert Cherin TEE EER ORY TEI ey 95 r eee 102 r ss cue bebe ucece cs eae 106 Testimony of Leif Carter , · ˙ es 108 Volume IV Excerpt from Transcript of Proceedings 108 D RS Pe ee See Petition for Certiorari pp. 28-55 e 80 FP RRR 117 Pree OE GI cs. ous cau's'caee doe cee R 118 Opinion of the Court of Appeals . . . See Petition for Certiorari pp. 56-58. Order Denying Suggestion of Rehearing en banc and Petition for Rehearing........... See Petition for Certiorari pp. 69-76. — — . — UNITED STATES DISTRICT COURT NO. 6379 SOUTHEASTERN PROMOTIONS, INC. vs. STEVE CONRAD, EDGAR COLLINS, LAMAR EAKER, COIL RICKETTS, EVERETT ALLEN, ARTHUR PROVENSANO, MRS. DANIEL J. WINDHAM, MRS. RUTH GOLDEN, RALPH SHUMACKER, EDGAR BURKEEN & GEORGE McINTURFF CIVIL DOCKET Date Proceedings 1971 11-1 Complaint & Application for Temporary Restrain- ing Order or alternatively for preliminary injynction filed, together with plaintiff's trial brief in support of petition for injunction filed. III ORDER, WILSON, D.J. setting oral hearing on plaintiff's application for a Preliminary Injunction on Thursday, 11/4/71 at 4:00 p.m. filed. Service of order together with complaint and summons handed to U.S. Marshal for service. 11-8 Summons returned executed 11/1/71 on each de- fendant and filed. Sertel, DUSM — $33.00 1 8 1-4 & 11-5 11-5 11-5 11-5 11-8 11-9 11-22 2 Docket Entries Came the respective parties by counsel. Plaintiff presented its proof through Robert Sharon, its presi- dent, and rested. Defendant, Steven Conrad, chair- man of defendant Board, presented proof of defen- dant and rested. Court heard argument of counsel. Cause taken under advisement by the Court. Wilson, D.J. Order Book 5, p. 703. Defendants’ Memorandum of Law, showing cause why a preliminary injunction should not be granted, with attachments, filed. Service by counsel. Plaintiff's supplemental brief filed. Service by coun- sel. Amended complaint filed. Service by counsel. Motion by plaintiff for show-cause order filed. Ser- vice by counsel. MEMORANDUM, WILSON, D.. denying plain- tits petition for preliminary injunction and reserv- ing any further ruling until the court docket will permit a hearing on the issues involved herein, filed. Service to counsel of record by clerk. ORDER, WILSON, D.]. according to Memoran- dum heretofore entered denying motion by plain- tiff for preliminary injunctive relief entered Order Book 6, p. 12 and filed. Service of true copies by clerk to counsel of record. Motion by defendants to dismiss complaint, with copy of transcript of the sworn testimony in pre- liminary hearing, as exhibit, and with brief in sup- port, filed. Service by counsel. 1972 3-16 3-23 3-23 3-23 3-31 3-31 4-3 3 Docket Entries Motion by plaintiff for leave to amend complaint, with brief in support and supplemental brief in sup- port of motion for temporary restraining order and application for expedited hearing filed. Proposed amendment tendered. ORDER, WILSON, D.]. allowing plaintiff's motion to amend its complaint; action on defendant's mo- tion to dismiss reserved pending the hearing set for April 3, 1972; defendants shall file answer to com- plair t within 10 days; hearing on all pending issues set for 9:00 a.m. 4/3/72, at which time all issues of fact in regard to obscenity will be for trial before a jury and the evidence received at the preliminary hearing held 11/4/71 may be used by either party to extent relevant & permissible under Fed. Rules of Civil Procedure, filed. Copies handed by clerk to U. S. Marshal for immediate personal service upon counsel of record. Request by defendants for production of docu- ments filed. Service by counsel. Amended complaint and application for temporary restraining order filed. Service by counsel. Answer by defendants to complaint filed. Service by counsel. Defendants’ Trial Brief filed. Service by counsel. the ies by counsel and the trial to a jury ot me the issue of “obscenity.” De- fendant, Board, having the burden of proof, com- menced presentation of its proof but did not com- plete; jury excused to 9:00 a.m., Tuesday, April 4, 1972. Wilson, D.J. Order Book 6, p. 552. 4 Docket Entries 4-4 Came the same parties, counsel & jury as of yesterday 4-5 4-6 and the trial of this case was resumed. Defendant's proof ee pr Motion by plaintiff to disallow defendants’ claim of obscenity — overruled. Plain- tiff’s proof completed. Jury respited to 4/5/72, 9:00 a.m. Alternate Juror, Mr. Henson, #108, excused. Court heard arguments on renewed motion to dis- allow claim of obscenity. ‘Taken under advisement by the Court. Wilson, D. J. Order Book 6, p. 555-b. Came the same parties, counsel and jury as of yester- day. The motion to disallow claim of obscenity taken under advisement yesterday by the Court was overruled and the question is to be presented to the jury. Arguments. Charge. Verdict: The musical “HAIR” is obscene as to speech; and (2) Ihe musical “HAIR” is obscene as to conduct. Jury excused. Court heard further arguments as to matters remain- ing in the case. Cause taken under advisement, and Court to file findings of fact and conclusions of law. Order Book 6, p. 558. Verdict Form filed. Clerk's copy of transcript of the Court's Charge to the Jury filed. MEMORANDUM, WILSON. D.J. that the theatri- cal production “Hair” contains conduct, apart from speech or symbolic speech, which would render it in violation of both the public nudity ordinances of the City of Chattanooga and the obscenity ordinances of the City and of the State of Tenn. The defendants accordingly acted within their lawful discretion in declining to lease the Municipal Auditorium or the Tivoli Theatre unto the plaintiffs. Musical, literary 5 Docket Entries 8 dramatic talent are scarce commodities. ul- 2 nudity, and obscenity are abundant and readi- ly available. The temptation to substitute the = commodities for the former talents has become we nigh irresistible in the entertainment world 3 years. “Hair” found musical talent. . It combined it with vulgarity, nudity, and obscenity to come > with a box office hit, filed. An order will enter missing this lawsuit. Personal service to all counse of record. 4-7 Motion by plaintiff for Injunction pending appeal filed. Service by counsel. 47 ORDER, WILSON, D.J. according to — dum heretofore filed dismissing this lawsuit, ente Order Book 6, p. 668 and filed. Service by Clerk of true copy to all counsel of record. 47 Notice of Appeal by plaintiff filed. Service by clerk. 4-7 ORDER, WILSON, D. J., denying pltf.’s motion for an injunction pending appeal, entered pea Book 6, p. 672 and filed. Service by clerk to counse of record. 4-7 $250.00 appeal bond filed. 4-12 Copy of docket entries mailed to counsel of record by clerk. a * * Order and Opinion of the Court of Appeals affirming decision of the District Court. See petition for Certiorari 56-58. . 10-30 Orders denying suggestion of rehearing en banc and peti- tion for rehearing en banc. 2-26 Petition for a Writ of Ceriiorari. 1974 iz 2-19 Writ of Certiorari granted. 6 IN THE UNITED STA FOR THE EASTERN DISTRICT O SOUTHERN DIVISION SOUTHEASTERN PROMOTIONS, INC. Plaintiff, vs. GAR COLLINS, LAMAR Bein EVERETT ALLEN ANO, MRS. DANI ' "sae MRS. RUTH GOLDEN, — UMACKER, EDGAR BURKEEN and GEORGE McINTURFF, STEVE CONRAD, ED EAKER, COIL RICKE ARTHUR PROVENS Defendants. PRELIMINARY INJUNCTION (Filed November 1, 1971) . M sens. Karte ook mene RS. DANIEL J. WINDAM, RALPH SHUMA GAR BURKEEN and GEORGE — bese TES DISTRICT COURT F TENNESSEE 7 Complaint after called defendants, and would respectfully show the Court as follows: 1. The plaintiff is an organization incorporated and doing business under and by virtue of the laws of the State of New York, with its office and principal place of business in New York City, New York. 2. The defendant STEVE CONRAD is the duly elected commissioner of Public Utilities, Grounds and Buildings of the City of Chattanooga, and in such capacity is Chair- man of the Board of Directors of Memorial Auditorium and the remaining defendants are currently duly appointed members of the Board of Directors of Memorial Audi- torium in accordance with Article XII, Section 2-236 of the Code of the City of Chattanooga; that the defendants in their capacity as Board of Directors of the Chattanooga Memorial [2] Auditorium have complete control in the entire management of the Tivoli Theatre under Article XII, Section 2-238 of the Code of the City of Chattanooga. 3. Jurisdiction is conferred upon this Court by virtue of 28 U.S.C.A., Section 1332, and the amount in contro- versy in this suit exceeds the sum of $10,000.00 exclusive of interest and costs; likewise, jurisdiction is conferred on this Court by 28 U.S. C. A., Section 1343 (Subsections 3 & 4) providing for original jurisdiction of this Court as author- ized by 42 U.S.C.A., Sections 1981, 1983 and 1988. This is an action authorized by 42 U.S. C. A., Sections 1981, 1983 and 1988 for an injunction and for declaratory relief pursuant to 28 U.S.C.A., Sections 2201 and 2202, seeking declaration and findings of the rights and legal relations of the parties herein. The declaratory judgment sowght is that action taken by the members of the Board of Directors of Memorial Auditorium is violative of the rights of the plaintiff given it under the First and Fourteenth 8 Complaint Amendments to the Constitution of the United States, and for injunctive relicf in said action. 4. The plaintiff is being deprived of rights secured it by the First and Fourteenth Amendments of the Consti- tution of the United States in that the defendants have denicd the plaintiff, through an exercise of a prior restraint and infringement upon speech, expression and association, the right to present the musical stage play “Hair” in a municipal auditorium of Chattanooga, commanly known as the Tivoli Theatre. 5. The Board of Directors of the Memorial Auditorium were contacted by an agent of the plaintiff on September 11, 1970, with the request of the plaintiff to present the musical stage play “Hair” in the Tivoli Theatre at some subsequent time and said request was denied by the mem- bers of the Board; on April 2, 1971, an agent of the plaintiff again contacted the members of the aforesaid Board to present the afcresaid musical stage play in the [3]: Tivoli Theatre and said Board once again rejected plaintiff's request. On October 29, 1971, at the regular monthly meeting of the Board of Directors of Memorial Auditor- ium, plaintiff once again requested said Board to be allowed the right to present the musical stage play “Hair” in the Tivoli Theatre during the period November 28. 1971 through November 28, 1971, having ascertained beforehand from Clyde Hawkins, the manager of the Tivoli Theatre that the aforesaid dates were available. However, the defendants in their capacity as Board of Directors of the Memorial Auditorium rejected plaintiff's request and indicated that under no circunistances would they voluntarily contract with the plaintiff to present the musical stage play “Hair” in the Tivoli Theatre. 6. Plaintiff alleges upon information and belief that the action taken by the Board of Directors of the Tivoli 9 Complaint Theatre was an arbitrary abuse of discretion as shall be more fully set out hereinbelow. This Board has autonomous authority in renting out the theatre facility and schedul- ing its use. Article XII. Section 2-238 of the Code of the City of Chattancoge. None of the defendants have heretofore adopted any policy whatever, concerning the type of programs of public entertainment, amusement and education, U:at would be allowed to be booked at and shown in the Tivoli Theatre in the City of Chattanooga, Tennessee. In the absence of such an established and ascertainable policy, the actions of the defendants amount to an abuse of discretion which is clearly a prior restraint upon plaintiff's right of expression, speech and association. 7. Plaintiff would further show this Court that upon plaintiff's demand for an explanation from the manager of the Tivoli Theatre as to the reason or policy grounds upon which the plaintiff was denied the right to present “Hair” in the said theatre, no reason or policy grounds were given and the plaintiff was informed that the defend- ants determined that the show could not be played in Chattanooga. 8. The basis upon which the plaintiff has been denied the right to exhibit the musical road show “Hair” in the City of [4] Chattanooga does not withstand intelligent scrutiny. The plaintiff alleges upon information and belief that the production of Hair“ which it seeks to show in the City of Chattanooga displays very little nudity per se, and that this show is not obscene within the legal meaning of that term. The production “Hair” employs a great number of persons, as actors, musicians, stagehands, mem- bers of the production crew; ushers, ticket takers, and others. Ihe play sought to be produced in Chattanooga is, with minor exceptions, a replica of the Broadway pro- duction in New York City which has run since April 29, 10 Complaint 1968. Prior to that date for several months, the play ran olf Broadway. Plaintiff further alleges from information and belicf that the road tour productions of “Hair” have played in such cities as New York, Los Angeles, San Fran- cisco, Chicago, Las Vegas, Toronto, Boston, Paris, Munich, Hamburg, Berlin, Belgrade, ‘Tokyo, Sydney. Sao Paulo, Amsterdam, Stockholm, Copenhagen, Helsinki, ‘Tel Aviv, Rome and Bucnos Aires. In none of these cities has any public authority denied to the producers the right to show and stage the said play, nor have facilitics been denied to the various produccrs of said play, nor have any of the authorities of said cities interfered with or harassed the showing of Hair“, or instituted any type of prosecution as a result of any act arising from the production of “Hair”. 9. Plaintiff further alleges that this production portrays and reflects the attitudes, feelings and life styles of a signi- ficant portion of the younger people of the United States, and deals with such matters in a serious manner. The production evaluates and shows some of the most funda- mental values and socio-political issues prevalent in this country today, such as the draft, the Vietnamese War, racism, air pollution, and the sexual revolution, all of which are subjects of serious concern, analysis and debate throughout the United States. While presented in good measure in song and dance, these issues are scriously dealt with, and reflect both the rationale and the emotional dis- position of a [5] significant segment of the American society as it relates to such issues. A high degree of artistic skill is demonstrated in the music, choreography, setting and development of character. Two of the songs from the production have become contemporary classics, “The Age of Aquarius”, having been utilized as a key theme by the Peace Corp in the public relations activities of the United States Governmeht, and the song “Let the Sun Shine In”, 11 Complaiat having been adopted as the theme for the Summer Thing Festival, 1970, for the City of Boston. Both of these songs are repeatedly played over the air, used as production numbers on television and at one time were upon various best seller lists in the record making industry. A segment of this show was performed on National Television on Sunday, March 8, 1970, on the Ed Sullivan Show before an estimated audience of. thirty million persons. The total production, utilizing the various elements eluded to and included in the show that the plaintiff seeks to stage in the Chattanooga auditorium, has won acclaim from leading drama critics throughout the United States and abroad. This äs the showing that the defendants seek to prevent. 10. The plaintiff further says that the stage production sought to be performed in the Tivoli Theatre, a municipal auditorium, is not “obscene”, as that term is legally defined. The dominate theme of Hair“, taken as a whole, does not appeal to the prurient sexual interest. The dominate theme of “Hair” is not sex, nudity, or anything of that nature, but a comment upon the socio-political atmosphere existant within the United States of America today. Nor is “Hair” patently offensive, and an affront to contemporary com- munity standards relating to the description or representa- tion of sexual matters. The use of four-letter words in the play Hair“ is duplicated in the sound tract, which has been distributed as a phonograph album and sold in every record store in the nation. And plaintiff avers that “Hair” has ‘social redeeming yalue. 11." Plaintiff would further show the Court that the unwatranted and oppressive power restraining or expres- sion, speech and [6] association engendered by the defend- ants actions, will result in an immediate and irreparable injury to the plaintiff unless the defendant Board of Directors are temporarily enjoined from booking any 12 Complaint production or activity or otherwise encumbering the Tivoli ‘Theatre during that period from November 23, 1971 through November 28, 1971; and that if plaintiff is not granted such relief, no adequate remedy of law will be sufficient to repair his injuries. While the actions of the defendants, if aliowed to stand, will deprive the plain- tiff of monetary profits in an amount in excess of $10,- 000.00, such damages are perhaps compensable in an action at law maintainable against the City of Chattanooga. However, plaintiff has no adequate remedy of law to compensate him for the stifling of his right to speech, to expression, and his right of association. During the pendency of this suit, should the Tivoli Theatre be booked for another for the dates in question, the plaintiff's com- plaint becomes moot and the defendants will have accomplished in practicality what is impossible in equity. No amount of monctary damages will recompense plain- tiſf's loss of freedom of expression; no remedy at law exists to compel the defendants to allow the plaintiff's exercise of his first and fourteenth amendment rights. 12. Moreover, the plaintiff alleges upon information and belief that there is no other facility in the Chattanooga area that has the seating capacity, the acoustical design, and the stage equipment and props, as well as the electrical set up. required of a production the size and scope of “Hair”. 13. Plaintiff would show this Court, in light of the allegations above, that the plaintiff be granted a hearing as soon as possible in order to secure a Preliminary Injunction and preserve the booking dates of November 23, 1971, through November 28, 1971, and until a hearing upon the merits herein. Plaintiff would show this Court that a Preliminary Injunction should be issued upon the 13 Complaint same facts and giving the same relief until such hearing on the merits is had. 171 14. Plaintiff would further show the Court that a Permanent Injunction should be issued, upon full and final hearing and disposition of this cause, enjoining the defendants from interfering with the booking and prepara- tion of the production “Hair”, and that the defendants be mandatorily enjoined to reserve for the use of plaintiff or to contract with plaintiff for the use of the Tivoli Theatre facilities during the period from November 23, 1971 through November 28, 1971, for various presentations of the theatrical production Hair“; that the Board of Directors of Memorial Auditorium of Chattanooga be mandatorily enjoined to restrain their employees, agents, officers, servants, and attorneys from harassing, interfering with, embarrassing, or in any wise obstructing the stage production of “Hair”. PREMISES CONSIDERED, plaintiff prays that a date be set for hearing upon its Motion for Preliminary In- junction, that citation issue upon the terms and conditions set by this Court, that such date be as soon as possible, and that upon a hearing of said motion, a*Preliminary Injunction issue against the defendant Board of Directors of Memorial Auditorium enjoining them from scheduling or booking any stage production or activity or otherwise encumbering the Tivoli Theatre during that period of time from November 23, 1971 through November 28, 1971, pending a hearing on the merits herein. Plaintiff further prays that this cause be set for hearing on the merits, and that upon hearing thereon, this Court declare and decree that: 1. That the production of “Hair” contemplated and sought to be scheduled for showing at the Tivoli 14 complaint Theatre of the City of Chattanooga is an expres- sion protected by the First and Fourteenth Amend- ments to the Constitution of the United States; 2. That the production, as aforesaid, does not violate any city ordinance nor is the same subject to the denmitions given to the term “obscenity”. Plaintill further prays that at such hearing a permanent injunction issue enjoining the defendants from interfering with the booking and presentation of the musical stage play. Hair“, by the plaintiff corporation en the dates referred to above; enjoining defendants mandatorily to reserve for the use of the [8] plaintiff corporation or to contract with the plaintiff for the use of the appropriate Tivoli Theatre facilities during the period mentioned above, from November 23, 1971, through November 28, 1971, upon normal, standard and customary tcrms and conditions for like performances of musical stage plays: and further enjoining defendants, their agents, repre- sentatives, employces. agencies, city bodies subject to their control or attorneys from interfering with, harassing, or obstructing in any manner whatever the stage production of “Hair”. Plaintiff further prays for such other and further rehef as would scem meet and just to this Court. Respectfully submitted. JOHN ALLEY 5th Floor, Maclellan Building Chattanooga, Tennessee Attorney for Plaintiff 15 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE SOUTHERN DIVISION [ Title Omitted in Printing MOTION TO DISMISS (Filed November 22, 1971) Come now the defendants and, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, move the Court to dismiss the Complaint and all relief sought thereunder on the following grounds: 1. The Complaint fails to state a claim upon which relief can be granted because: 4.) No Constitutional right of the complainant or its employces has been violated and it has no stand- ing to bring suit to have others’ constitutional rights determined; b.) Defendants have no duty to lease the ‘Tivoli to complainant nor docs complainant have any “right to such a lease; c.) Complainant is not entitled to contrac t with the defendants because it has averred acts wil! be performed on stage which violate Sections 25.28 and 6-4 of Part II of the Code of the City of Chattanooga and the common law of Tennessee on indecent ex. posure and thereby the terms of the very lease it is secking will be violated; and, d.) The complainant, not being a natural person, does not have a right to bring this action in this Court. {2} 2. The Complaint fails to state a substantial fed- eral question or constitutional issuc. 16 Motion te Dismiss In support of this motion, and as an exhibit hereto, but not for copy, there is attached a copy of the transcript of the sworn testimony in the preliminary hearing in this cause. Respectfully Submitted, EUGENE N. COLLINS City Attorney RANDALL L. NELSON, Special Counsel 400 Pioneer Building Chattanooga, ‘Tennessee 37402 265-2291 17 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE SOUTHERN DIVISION [ Title Omitted in Printing ANSWER (Filed March $1, 1972) Come now the defendants in this cause and pursuant to the Court’s Order of March 23, 1972, and without waiv- ing any of the defenses raised in their Motion to Dismiss, but relying specifically thereon, for further answer to the Complaint heretofore filed against them in this cause, aver they have the following defenses: I. Defendants aver that the matter at hand is a contractual one and that because the plaintiffs will not abide by the terms of the standard agreement regarding compliance with all of the laws of the United States and of the State of Tennessee and all ordinances of the City of Chattanooga, the defendants have no duty or even right to contract with plaintiff. . II. Defendants aver that plaintiff is not entitled to contract with them because it will have conduct performed on stage which, because of the public nudity, indecency, obscenity and incitement to crime involved, is in violation of the following ordinances and laws: 1. Sections 25-28, Part II of the Code of the City of Chattanooga; 21 2. Sections 6-4, Part II of the Code of the City of Chattanooga; 3. Sections 2-38, Part II of the Code of the City of Chattanooga; Tennessee common law on indecent exposure; 5. Tennessee common law on gross indecency and lewdness; 6. Tennessee Code Annotated 39.3003, and Tennessee Code Annotated 39-1013. III. Defendants deny that plaintiff's “Equal Protection” rights are being denied because they have never knowingly leased the premises in question to any party who, to their knowl- edge, was going to use said premises for the display of public nudity and other illegal and immoral activity. IV. Defendants deny that plaintiff's First Amendment rights are being violated because the First Amendment does not protect conduct which is contrary to valid state law up- holding a substantial state interest. V. Detendanis deny that plaintiff's First Amendment rights are being violated because the First Amendment does not protect obsence language or conduct such as that which plaintiff is seeking to exhibit to the public, and particularly, where it makes little or no effort to forewarn the public of the lascivious and salacious acts to be presented. VI. Defendants aver that granting a lease to plaintiff would be contrary to their standing policy of leasing the premises only for clean, healthful entertainment which will make for the building of a better citizenship. 13 VII. Defendants would further uo that because of the above violations of the law, the players may be subject to arrest 2 = 19 Answer 4 uthorities and be unable to complete thei mae which en as it be bere tm the past, . a public disorder and/or riot, causing personal injuries and property damage. VIII. Defendan further aver that they are without power to lease the premises to the plaintiff, for its averred purpose, and any such lease would be void under the terms of Ten- nessee Code Annotated 39-3004. IX. Defendants aver that plaintiff is not entitled to contract with them because it will permit acts of desecration of the United States flag to be performed on stage in violation of Tennessee Code Annotated 39-1601 et seq., 18 U.S.C.A. 700, 36 U.S.C.A. 175, and 36 U.S.C.A. 176. X. In response to the factual allegations of the Complaint, defendants say: 1) They are without knowledge sufficient to form a belief as to the truth of plaintiff's existence or place of business. ' * 2) They admit the allegations of Section 2 of Complaint except that they would show that any — involving liability on the part of the City must have approval of the Board of — ; 3) They are without knowledge sufficient to form 2 as to whether the amount in controversy exceeds the [4] sum of Ten Thousand Dollars ($10,000.00): they deny that plaintiff has standing under 42 United States Code Annotated to bring this action for the reason stated in Section 1(d) of the Motion to Dismiss and they deny that plaintiff is entitled to declaratory relief because: (1) it 20 Answer has not made all interested parties (e.g. the actors) parties to this action and defendant could be subjected to a multi- plicity of suits and the “controversy” not be terminated; and, (2) because as stated in Section 1(a) of the Motion to Dismiss, plaintiff has no standing. 4) They deny the allegations of Section 4 of the Com- plaint. 5) They admit the factual allegations of Section 5 of the Complaint. 6) They deny the allegations of Section 6 of the Com- plaint and aver that they are properly vested with discretion to admit or deny access to the premises in question based upon economic considerations, activity to be performed, character of the applicant, availability of dates, legality of proposed activities, and innumerable other valid consider- ations which any theater's management must consider be- fore leasing similar premises. 7) They deny that they determined that “Hair” could not be played in Chattanooga, and aver that they only determined it could not be played at the Tivoli or Me- morial Auditorium. 8) The defendants are without knowledge to form a belief as to the factual allegations in Sections 8, 9 10 of the Complaint. 9) They deny the allegations in Section 11. 10) Defendants aver that by amending their Complaint to ask for the Memorial Auditorium instead of the Tivoli, which [5] plaintiff originally said was the only suitable fa- cility, acoustically, etc., plaintiff has demonstrated that its sole concern is crassly commercial and not the effective presentation of any issues or ideas protected by the First Amendment. 21 Answer 11) All other factual allegations not hereinbefore ad- mitted, denied or explained are herein now denied as though individually set forth and specifically denied. 12) Defendants aver that plaintiff is not entitled to any relief. Wherefore, defendants ask that they be dismissed with their reasonable costs, EUGENE N. COLLINS City Attorney RANDALL L. NELSON Special Counsel 400 Pioneer Building Chattanooga, Tennessee 37402 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE SOUTHERN DIVISION | Title Omitted in Printing EXCERPTS FROM TRANSCRIPT OF PROCEEDINGS (Filed April 6, 1972) TESTIMONY OF ROBERT CHERIN DIRECT EXAMINATION BY MR. ALLEY: 1 Q Were you advised that the board once again rejected your attempt to rent the theater? A Yes, sir. Q Now, in your capacity as president of the plaintiff corporation, tell this Court what commitments, if any, you have made to bring this play into the City of Chattanooga? A We've committeed available time in the billing to bring Hair here from Spartansburg, South Carolina, and move it on to Austin, Texas. Q Now, are dates after this particular date in question, is the production booked up on dates after this? A Yes, it moves west from Austin into — Q (Interposing) How far in advance do you have bookings? A Well, for the most part I would say four to six months. Q Is there any logical — or any method you could tell how long a stage production such as this will remain popu- lar? A Well, it’s usually season by season. You can tell some- where early in the theatrical season, that running fiom September till May, somewhere around October or No- vember, you can get some good idea of how strong you're 23 Testimony ef Robert Cherin — Direct Examination; Cross Examination going to be that season. To forecast beyond that, I think, is very difficult. e @ ® CROSS EXAMINATION BY MR NELSON: @ ® 0 16 Q This request then was made no longer than the one month before the time that you wanted to put the program on? A Yes, sir, this specific one. Nou, in your complaint you've also alleged that upon information and belief the production of Hair does con- tain some nudity within it, is that not correct? & Yes, sir, it does contain a nude scene. Q Who appears on the stage nude in this play? A The players. Q How many players? A The maximum is 28. That's the maximum number of people in the company. Q How many appear nude on the stage at the same time? A Well, the normal procedure is that everybody does. However, I must explain that every performer, every night, is given the choice, I mean there's no contractual obliga- tion so that we cannot guarantee the number of nude play- ers during that scene. It's a, you know, somewhere between six and 35 seconds, [7] subdued light, standing completely still in this scene. Q Isee. Now, does this include both males and females on the stage? A Yes, sir. Q You say subdued light; is it not true that there is psychedelic lights flashing on the players at that time? 24 Testimony cf Rolert Cherin — Cross Examination Testimony of Steve Conrad —Direct Examination * There are two bright lights, yes, sir. 2 What is the purpose of this nudity? A It denotes to the generation that Hair depicts, f dom and rebirth. or Q Are you aware of a Chattanooga City Ordinance which forbids public nudity? A Yes, sir, I am. Q Are you aware of the standard lease of the City of Chattanooga Auditorium Board that all ordinances of the City of Chattanooga be conformed with? AL assume it means applicable ordinances. Q You don't think this ordinance would apply? X No, I don't believe. you know, that Hair is a show which includes the nude scene. this has been held by four different courts to be not obscene. TESTIMONY OF STEVE CONRAD DIRECT EXAMINATION BY MR. NELSON: 1251 Q Will you state your na iti . y me and position, for A Steve Conrad, Commissioner of Publi iliti 8 : ublic Utilities Grounds and Buildings for the City a g ity of Chattanooga, Ten- Q As Commissioner of Public Utilities, Grounds and Buildings, you are chairman of the Auditorium Board is that not correct? A That is correct. Q_ I believe Mr. Alley has pl i : ‘ : plead Section 2-238 of th City Code. Under that, under Section 2-238, the — of directors of the Chattanooga Auditorium Board shall 25 Testimony of Steve Conrad — Direct Examination have complete control and entire management of the Chat- tanooga Memorial Auditorium and shall make and by a majority vote of the board, approve all contracts pertain- ing to the maintenance, upkeep, use and operation of the auditorium, provided that any contract involving the liabili- ty on the part of the city shall have the approval of the board of commissioners. You're the chairman then of this board that's been [26] set up by this particular ordinance: | A Yes, I am by virtue of my office. Q Now, can you tell us, Commissioner Conrad, does the auditorium board have a policy on what productions are allowed to be presented at the Tivoli Theater and the Auditorium? A There has been, as I understand it, an unwritten policy of longstanding that was taken from the original auditorium board dedication back in 1924. Basically, since 1 have been associated with the board. the past four and a half years, this is the first instance where we have de- nied the use of this particular facility to anyone. We use the general terminology in turning down the request lor its use that we felt it was not in the best interest of the community and I can't speak bevond that. “Phat was the board's determination. Now. I would have to speak for myself, the policy to which I would refer. as I mentioned. basically indicates that we will, as a board, allow those productions which are clean and healthful and culturally uplifting, or words to that effect. They are quoted in the original dedica- tion booklet of the Memorial Auditorium. Q Did you bring that dedication booklet with you? X Yes, I have it here. Q Would you make it an exhibit to your testimony, please? 26 Testimony of Steve Conrad — Direct Examination 1271 A Yes. (Thereupon, the above referred to booklet was marked Exhibit No. 2 for identification and received in evidence.) THE WITNESS: The section I refer to or page I refer to is Page 40. The auditorium, its operation and manage- ment, and the phrase I'm referring to, without reading the entire thing, states that it will not be operated for profit and — but the actual operating expenses will be permitted and this phrase, if I may underline it verbally, instead, its purpose will be dedicated for clean, healthful enter- tainment which will make for the building of a better citi- zenship. Q What familiarity do you have with the stage pro- duction Hair? A I have not seen it. I have talked with persons who have seen it. I have read a number of reviews of the production. I have heard RCA Victor's album of the songs in the production. Q What is your information as to whether it meets the standard that you have applied to productions sceking to gain entrance to the Tivoli? X I can personally not understand how nudity and offensive language which violate two city ordinances that I know of can possibly be considered clean and healthful entertainment. [28] N Has anyone on behalf of the plaintiff presented you with any information demonstrating it to be such clean and healthful entertainment? A No. Q To your knowledge has the auditorium board ever allowed the production at either the auditorium or the Tivoli Theater where public nudity was involved? 27 Testimony of Steve Conrad — Direct Examination A Not to my knowledge, not since I've been on the board. . Q Have these facilities ever been closed to minors and children? | A Not to my knowledge. Q As Commissioner of Public Utilities, Grounds and Buildings, are you acquainied with any other facilities in the city which could perhaps house this production? 1 A Oh, there are probably a number of private facili- ties, if that’s what you're talking about. Q Yes; could you name some of them? A I don’t know the technical ramifications, what would or wouldn't be required, but it seems to me that any kind of stage play could be put on at the Chattanooga ro Theater, which is a privately-owned organization. I woul also make the assumption, since stage plays of various kinds are put on at a theater whose name has changed several times off Lee Highway, I think its called the V. I. P. The- ater now, [29] but don’t hold me to that. It used to be the Old West Dinner Theater. I think it may even have been called the Barn Theater. I'm not sure of that. If you're talking about just size, I would also imagine that you could put on a play and Im certain I've seen ene musical production at Maclellan Gymnasium. Q Have you denied access to any of these or do you have any authority to do so? A I have no authority. . Q Has the board at any time threatened prosecution against the producers of this production? Never. 8 Do you have with you a copy of the standard lease of the auditorium and the Tivoli Theater? A Yes, sir, I have. 28 Testimony of Steve Conrad — Direct Examination Q Would you make it an exhibit to your testimony, please? THE COURT: Exhibit No. 2. CLERK FRANKLIN GLASS: Three. THE COURT: Three? CLERK FRANKLIN GLASS: Your Honor, the pro- gram is two. (Thereupon, the above referred to lease was marked Exhibit No. 3 for identification and received in evi- dence.) BY MR. NELSON: [30] Q Does it make reference to the city ordinances in there? A Yes, sir Very well. Item No. I, it's a complicated sort of thing on what I would say is Page 2 of this lease, these words are stated, “This agreement is made and entered into up- on the following expressed covenants and conditions, all and everyone of which the lessee hereby covenants and agrees to with the lessor to keep and perform; that said lessee will comply with all laws of the United States and of the State of Tennessee and all ordinances of the City of Chattanooga and all rules and requirements of the Police and Fire Departments or other municipal authorities of the City of Chattanooga, et cetera, et cetera”, ad infinitum. MR. NELSON: At this time, Your Honor, I would like to read into the record the Chattanooga City Or- dinances which we feel would be violated. Section 25-28 of the Code of the City of Chattanooga provides that It shall be unlawful for any person in the city to appear in a public place in a state of nudity, or to bathe in such state in the daytime in the river or any 29 Testimony of Steve Conrad — Direct Examination; Cress Examination bayou or stream within the city within sight of any street or occupied premises; or to appear in public in an indecent or lewd dress, or to do any lewd, obscene or indecent act in any public place.” Section 6-4 of the City Code, Part 2, provides [31] “That it shall be unlawful for any person to hold, conduct or carry on or to cause or permit to be held or conduct any motion picture, exhibition or entertainment of any sort which is offensive to decency or of an immoral nature or so suggestive as to be offensive or indecent or which is calculated to incite a crime or riot.” You may ask him. CROSS EXAMINATION BY MR. ALLEY: Q Commisisoner, does the board approve every con- tract? A No, we have over a long period of time delegated the authority to enter into contracts under certain policy provisions to the auditorium manager. Who would that be, sir? Clyde Hawkins. Is Mr. Hawkins here? He's seated there. I believe Man of La Manchu played here? I beg your pardon? Man of La Manchu? Man of La Manchu, yes. Did the board approve that or Mr. Hawkins? No, it wasn't brought to the board's attention. Would you explain to me what is clean and healthful about the rape scene in this particular play? 1321 A I don't know whether there was a rape scene or not. ON OZON OTO ZO 30 Testimony of Steve Conrad — Cross Examination Q You weren't aware of that? Promises, Promises, was this approved by the board? A_ No, it wasn't. Q Would you explain to me what is clean and health- ful about the multitude of adultery that is portrayed in this production? A I saw the production, there is the insinuation of adultery, there was no nudity, there was no offensive lan- guage as I said, over the insinuation that things were going on. Q But under your standard it was clean? A It’s not important what my standard is, it's what the board and the auditorium manager with the concur- rence of the board determines. Q U believe this theater has played Company, has it not? I am sorry, Mr. Alley, I didn't understand you. The stage production Company. Company Yes. I am not familiar with it. POP O YS 10% THE COURT: Very well. All right. You will be permitted to make an opening statement. I would suggest you keep your opening statement brief in view of the limited issue in the case. Now, the City of Chattanooga has made reference to certain ordinances which you did not set forth in your answer but merely cite. Of course, the Court cannot take judicial knowledge of the municipal ordinance unless the parties can stipulate upon that. Cana stipulation be made with regard to those ordinances? MR. COLLINS: If Your Honor please, they were 31 Transcript of Proceedings a stipulated at the earlier hearing and for that reason I didn’t think there would be any necessity for that. I feel that — sure that counsel would be willing to stipulate them now. ; MR. ALLEY: It was my understanding that everything that occurred on November the 4th is in the record and can be used for any purpose. — THE COURT: Is that agreeable to counsel for side, that — ' MR. COLLINS: (Interposing) Yes, your Honor. THE COURT Testimony in the previous trial may be used as evidence in the trial in this case? MR. COLLINS: Yes. MR. ALLEY: Yes. * 0 * lei MR. NELSON: Excuse me, Mr. Alley, I will furnish you with one right now. . COLLINS: Sorry about that. — ALLEY: Wier Monet we have entered into a stipulation of fact which would relate to this issue. MR. COLLINS: If your Honor please, if it's appro- priate, we have agreed to stipulate that the production known as “Hair” has played in over 140 American cities and that the production of “Hair” that is planned to be presented in Chattanooga at the auditorium involves the same stage conduct and language used everywhere else. MR. ALLEY: I would only add one phrase there, es- ially the same. THE COURT: What does — word 7 — posed ._ ALLEY: Well, your Honor, we, of course, „ for example, in 1968 when the play was first performed, there were take-offs on — to LBJ. Well, at some subsequent time, these references were changed to Richard Nixon. $2 Tramscript of Proceedings THE COURT: Well, the word “essentially” makes the stipulation so vague and uncertain that it would eliminate the value of any — if you can agree upon, in what par- ticulars — MR. COLLINS: (Interposing) On this statement, {13} based on that statement, that is not correct other than some very insignificant, minor changes, such as Richard Nixon this company used, yes. THE COURT: Restate your stipulation, now. MR. COLLINS: Involves the same stage conduct and language as has been used everywhere else. THE COURT: Is that an agreeable stipulation? MR.COLLINS: With us both understanding that there are certain very minor differences that would relate to the name of the President and a few things like that. MR. ALLEY: And in accordance with the libretto, which has been furnished in accordance with Rule 24 to Opposing counsel and they have a copy of same. THE COURT: Let's have that libretto identified, Ex- hibit No. I for identification. (Thereupon, the libretto referred to above was marked Exhibit No. 4 for identification.) MR. ALLEY: Would it be four? THE COURT: Exhibit 4 for identification. MR. ALLEY: Think there were three exhibits in the initial proceedings. THE COURT: All right. And that libretto can be stipulated into evidence in this case? MR. ALLEY: ves, sir. 33 TESTIMONY OF STEVE F. CONRAD DIRECT EXAMINATION BY MR. COLLINS: (20) Q State your name for the record, please. A Steven F. Conrad. Q And your position with the City of Chattanooga? A Commissioner of Public Utilities, Grounds and Buildings. a: Q And your position on the Auditorium Board? A By virtue of the previous office, I am chairman of the board. BY MR. NELSON: 1881 there is a (24) Q Now, on Page !-6, Commissioner, scene where a microphone is placed somewhere. Do you recall that scene? A I recall the scene. J the performance. The character Berger is reclining cen- ter stage on his back using what appears to be a red mic- rophone which he places in an upright position simulating his penal organ and he simulates masturbation. Q Did you see any relevancy of some of these physical acts and conduct on stage to any theme in the plot? A No, I didn’t. Q Did these acts and conduct appear to be irrelevant to any supposed theme? A Yes, did. Q 2 with reference to Page 1-11 of the script, was there a scene where posters were brought upon the stage with different signs lettered on them? A Yes, there were approximately a dozen or so. THE COURT: What page are you referring to? 34 Testimony of Steve F. Conrad — Direct Examination MR. COLLINS: III. Q What were some of the things that were on these signs as you recall? A Well, the script indicates one of them which [25] reads, “LAY DON'T SLAY.” I don’t remember the word- ing on most of them except one which, let's see, it was a lengthy phrase but the word “fucking” was on it. Nov. with reference to Page 1-12, would you describe to the jury what the players were doing while singing about copulating in a king-sized bed? A I don't recall if this was the exact scene because the incidents occurred frequently. Let me explain a gen- eral recollection. I don't know whether it pertains to this particular scene. Q All right. A There was frequent simulated sex activity between males and females in groups of two, in groups of three, in groups of four and in one instance five persons were indulging in what seemed to me to be an unnatural act. The simulated sexual activity is not just the proximity of male and female body. In almost every case that I re- call the male, if it was a frontal or a rear position that he was approaching the female, simulated the thrust, the re- peated thrust of the penal organ. 1271 Q In connection with that scene, would you read the language that is forcibly said on Stage attributed to Claude on 1-27, center of the page. “CLAUDE “That's all right. I have thought it over — I'll tell them I'm a faggot and hide out in Toronto. Shit. I'm not go- ing in. I'll eat it first. I'm not. 35 Testimuay of Steve F. Conrad — Direct Examination “WOOF “Eat what? “CLAUDE “My draft card.” Q Then read the one attributed to Berger at the bot- tom of the page. ) ; A “Dance bare assed,” then my script says, — local department store.” I don’t remember what they said. Q Now, with reference to 1-35 — A (interposing) Could we go back to 1-29 33] You do recall the scene? . 4 on yes, Jeanie, if I remember, is the pregnant — . * — a and Q About the glories of heroin use and marijuan pot — „ f A UInterposi es. Q you recall one scene where they were all pur portedly on stage to give each other shots in the auen nie A I honestly don t recall that, no. They may we Q Now, after having been so entertained during the first act, Commissioner, describe for the jury the manner in which the first act ends. bP » A There is a musical number, I can't give you any de- ciption of it because in — ¥ Q 2 There is music all through itꝰ A Yeah, theres a musical number and in the course of the number, an enormous, either blanket or piece of canvas, I couldn't tell which, is stretched out over the — and perhaps a dozen, maybe more of the actors, male female, get under the blanket or canvas; and in the course of the number, they reappear, nude. 36 Testimony of Steve F. Conrad — Direct Examination Q_ And do these men and women completely nude stand 340 there on stage and sing for a while? hey stood there. I didn't know if they were sing- ing. Q Commissioner, what was your personal reaction af- ter having scen the whole performance, what was your re- action at that time? * These simulated sex acts disgusted me. © Commissioner, would you take your family, your mother, your sister, or your preacher, would you take these people to see this play? * No, I wouldn't. Q To what human interest or animal instincts does the play appeal or tend to satisfy? MR. ALLEY: Your Honor, I would object to that question. Q 1 will rephrase it to what animal instincts does this play appeal? It seems to me, sex. (2 Was the play offensive to your concept of public decency? A Yes, it was. Q Now, you have read the script that was furnished us and you have seen the play. Does the performance, the conduct tend to deviate from the script in any respect? Frequently. s! MR.RAULSTON: (Interposing) Your Honor, we are going to object unless it's in the libretto, for him editorializing or saying anything that is not in the script. THE COURT: Well, he can say what he saw. If he saw the production itself, he can say what action he saw. A This was the place in the script that I testified earlier 37 Testimony of Steve F. Conrad — Direct Examination where Claude came around in the process of — in the course of the dialogue when he blessed various people, he touched the breast of this young woman, went back and touched her other breast in the process of blessing her. “BERGER “Hey, let's have some more rock and roll music: one, two, three, four, “(Five is silent. BERGER, WOOF, HUD and entire TRIBE run over to greet CLAUDE) “TRIBE Claude Claude Claude. BERGER „Wait Wait, wait don't tell us. “WOOF “Did you pass it? “HUD “Are you physically fit? “(Claude nods yes) “WOOF “No kidding. “BERGER That's death body man (69) “HUD “Tough luck baby. “CLAUDE That's all right. I’ve thought it over — I'll tell them I'm a faggott and hide out in Toronto. Shit. I'm not going in. I'll eat it first. I'm not. 38 Testimony of Steve F. Conrad — Direct Examination “HUD “Eat what? “CLAUDE “My draft card. “BERGER “I thought you burned it. “CLAUDE “That was my driver's license. “WOOF “Eat it on the galloping gourmet. “CLAUDE “Berger, help me, how am I gonna get out of going? “BERGER “Dance bare assed through ‘local’ department store. “CLAUDE “C'mon, what am I gonna do? “BERGER “Take me with you, tell them I'm your girlfriend and you can't sleep without me.” At that point in the script, two males, one jumps on top of the other, I don’t know which was which — MR. RAULSTON: (Interposing) Your Honor, again we would object for the record, if it's not in the libretto and as he says, he doesn't know. [70] THE WITNESS: I know they were two males. I don't know which male was on top of the other one. THE COURT: He can testify what he saw. THE WITNESS: The two males, at this point, one jumped on top of the other and the one on top simulated sex action of some kind with the one on the bottom. — — 39 Testimony ef Steve F. Conrad — Direct Examination “HUD “Tell them your mother volunteered to fight in your place, “WOOF “Do they know she’s a green beret? “CLAUDE “I want to be over here doing the things they're over there defending. “WOOF “Become a nun. “HUD “Wet the bed, baby. “CLAUDE “(He starts to burn draft card) “They're not gonna get me. That's it, they're not gonna get me. “BERGER “(Reading over his shoulder) “Mr. Claude Hooper Bukowski — New, York Public Li- brary. “(They blow out the card) “CLAUDE “Now I can’t even get a book out. Berger, if I go, I'll get killed or a leg shot off or something . . . I know it they're not gonna get me. “BERGER “Oh yes, they are. You will go, and you will loot, rape, and kill . . . you will do exactly what they tell you to do. 40 Testimony of Steve F. Conrad — Direct Examination (79) MR. ALLEY: (Interposing) Your Honor, I ob- ject if he doesn’t remember. THE WITNESS: There was a scene where five males in apparently simulated indulgence with her. MR. ALLEY: If that’s not the scene he is reading from right now — THE COURT: (Interposing) He can testify as to his observations that he made of the play, his best recollection as to their location with the script. THE WITNESS: The scene to which I just referred, the character Sheila, with simulated sexual activity on the part of either Claude or Berger first, then Claude in a front to back position. This was all standing as — yeah, it was standing. Then Claude in a front to back position with the other male, then a third male joined that activity and then a fourth male joined whereupon the female character said, “And I want to thank that last guy.” SHEILA Isn't love beautiful? I live in the East Village with these two magnificent beasts. Claude, the purest mind on Ave- nue C. “BERGER “Mama mia, that’s some — a spicy meatball. “SHEILA “And Berger, the grooviest ball on Avenue B. „ 2 * 1891 BERGER “No. No. Stop ... Don't . . . Stop! “(She gets raped by WOOF. WOOF and STEVE exit) “No — come back here young man. Where are the police 41 Testimony of Steve F. Conrad — Direct Examination in this city? It's disgusting. A woman could get ravished out here. She can. She can. “(Two attendants with a stretcher run on stage to ‘rescue’ BERGER, and also pantomime a second rape. Then they carry BERGER off, as he says:) “I am going back to Fire Island! “(The TRIBE runs into the audience with pamphlets inviting people to come to the be-in. JEANIE and CRIS- SY remain on stage. “TRIBE “Come to the B-in! Come to the Be-in! “JEANIE “Dig it, people, I'm tripped, high, zonked. . . “HUD “See the hippies get busted. . . “JEANIE Stoned HUD by the New York City Police. “JEANIE right here, right now . . in this theatre “PAUL “See them smoke marijuana, the killer weed. “JEANIE “I've had every drug going except some jungle vines some- where. 42 Testimony of Steve F. Conrad —Direct Examination 197 CLAUDE “WHERE DOI GO “FOLLOW MY HEARTBEAT “WHERE DO I GO “FOLLOW MY HAND “WHERE WILL THEY LEAD MF “AND WILL I EVER “DISCOVER WHY I LIVE AND DIE “TRIBE “WHY “CLAUDE “I LIVE AND DIE “TRIBE “WHY “CLAUDE “WHY DO I LIVE “WHY DOI DIE “TELL ME WHERE DO I GO “TELL ME WHY TELL ME WHERE “TELL ME WHY “TELL ME WHERE “TELL ME WHY “TRIBE BEADS FLOWERS FREEDOM HAPPINESS BEADS FLOWERS FREEDOM HAPPINESS BEADS FLOWERS FREEDOM 43 Testimony of Steve F. Conrad — Direct Examination “(A siren sound effect is heard at the end of the song.) I almost forgot, that was the song where, as I testified earlier, during the course of this song, the cast of ten or twelve, at least, fourteen, maybe, go under this tent-like thing that’s stretched across the stage, undress and they emerge, male and female, naked, until the conclusion of the song. Then the siren effect is heard at the end of the song. 5 0 [107] “AND I WENT CLEARLY CRAZY “BECAUSE I REALLY CRAVED FOR “MY CHOCOLATE FLAVORED TREATS “TRIO “BLACK BOYS ARE NUTRITIOUS “BLACK BOYS FILL ME UP “BLACK BOYS ARE SO DAMN YUMMY “THEY SATISFY MY TUMMY “I HAVE SUCH A SWEET TOOTH “WHEN IT COMES TO LOVE “BLACK BLACK BLACK BLACK BLACK BLACk BLACK BLACK “BLACK BOYS “(THREE BLACK GIRLS, appear in exaggerated blond wigs, and dressed very brightly, a la Supremes).” During the course, this is parenthetical, during the course of this song, I believe I testified earlier to this effect, the girls are in an elevated platform and there are three males down below the platform lying on their back» facing the girls and throughout the song the males go through the 44 Testimony of Steve F. Conrad — Direct Examination act. “SUPREMES TRIO “WHITE BOYS ARE SO PRETTY “SKIN AS SMOOTH AS MILK “WHITE BOYS ARE SO PRETTY “HAIR LIKE CHINEST SILK “WHITE BOYS GIVE ME GOOSE BUMPS “WHITE BOYS GIVE ME CHILLS “WHEN THEY TOUCH MY SHOULDER “THAT'S THE TOUCH THAT KILLS * * * 11091 BERGER Hud. Let's lock up. “BLAKE “Now folks, it’s turney-oney time. “MARC “Ladies and gentlemen. This portion of Hair is brought to you by marijuana. nature's little way of saying, Hi. “BRUCE “You know Doug. This dope just isn’t as good as it used to be. “DOUG “Here, try one of mine. “BRUCE “You're right. This is two, two, two hits in one. “TONY “Relieves headaches fast! Fast! gyrations of the thrusting that is accompanied by the sex 45 Testimeny of Steve F. Conrad — Direct Examination “JOYCE “Marijuana. It’s not a question of hi, how are you, but how high are you. “BERGER” The words simply say, “Fly United,” but as — before Berger utters those words, he crosses the stage from one side of the stage to the other — I don’t know which is left or right — a girl — a woman is in front of him. He is in close proximity to her. He is going through the motions I described a while ago with the male genitals in the but- tocks of the female and he says, “Fly United. {117} “(They dance a minuet, with CLAUDE trying to follow the steps. They are attacked by three African witch doctors, in masks, with spears, wearing Dashikis. CLAUDE crouches off to the side) “AFRICANS “WALLA WALLA “GOONA GOONAT!! “LINCOLN “Oh, my God, niggers! “(AFRICANS kill the people on stage and remove their masks) “HUD . “Wait a minute. I don’t think I see no niggers. Boys, did you hear what that fool called us? “TWO BOYS “Us, hell! She was talking to you. 46 Testimony of Steve F. Conrad — Direct Examination “HUD “(To audience) “What's so damn funny out there. You jive white mothers are always running around calling somebody some kind of name. Like. . . niggers! “(They remove Dashikis) “HUD I oughta harpoon your ass. “LINCOLN “Hey, wait a minute, snowflake, I'm one of you, baby. “HUD “No. Shit. Well, what yo doing here? “LINCOLN “Would you believe takin’ a suntan? “HUD “Never mind. “(He knocks LINCOLN down, takes off his Dashiki) 6 e o {129} “SONG SONG SONG SING “SING SING SING SONG “SONG SONG SONG SING “SING SING SING SONG Four boys drag an old mattress on stage) “THE TRIBE” They are also, at this point, when the ma ppea ttress some gestures on the part of some of the male mesben of the cast; again, the gesture, I have difficulty i scribing the simulated thrust of the male organ. * 47 Testimony of Steve F. Conrad — Direct Examination “THE TRIBE “(This song starts as a chant) “UUUUUUUUUUUUUUU THE BED “AAAAAAAAAAAAAAA THE BED “UUUUUUUUUUUUUUU THE BED “OH THE BED “MMMMM THE BED “| LOVE THE BED “YOU CAN LIE IN BED “YOU CAN LAY IN BED “YOU CAN DIE IN BED “YOU CAN PRAY IN BED “YOU CAN LIVE IN BED “YOU CAN LAUGH IN BED “YOU CAN GIVE YOUR HEART “OR BREAK YOUR HEART IN HALF IN BED “YOU CAN TEASE IN BED “YOU CAN PLEASE IN BED “YOU CAN SQUEEZE IN BED “YOU CAN FREEZE IN BED “YOU CAN SNEEZE IN BED “CATCH THE FLEAS IN BED 11351 LET THE SUNSHINE LET THE SUNSHINE IN “THE SUNSHINE IN “LET THE SUNSHINE “LET THE SUNSHINE IN “THE SUNSHINE IN 48 Testimony of Steve F. Conrad — Direct Examination; Cross Examination “(During curtain calls, audience i encouraged onstage to dance with cast) ‘ r Q Commissioner, just two last ions, perha . questions, , have used the phrase “simulated sex acts” — stage frequentiy. Would you tell the jury in your own words what you mean by “simulated sex acts”? A A sex act performed with clothing on. Q = 2 — ry. close, physical proximity? . 4 physical proximity and the identical move- Q In other words, the bodies w together? . ere 8 Completely. To your knowledge, has public nudi been lowed on the stage of — om or the The — * he A No, it never has. Ne Q And to your knowledge, has scenes acting out various sex acts ever been allowed itori — | on the stage of the Auditorium CROSS EXAMINATION BY MR. ALLEY: 2 * 6 1140 Q I beg your pardon? A Third, the nudity. * 2 — say you were repulsed? es, I had never seen i i stage before and I frankly hope — — i Q So it didn’t appeal to you, then? ; 8 No, it didn't appeal to me. What portions i i . 1 wey e i scene, if you can summarize Waun A Did I consider obscene? 49 Testimony of Steve F. Conrad — Cress Examination Q Yes, sir. A The I think I testified to the majority of them, not by specific instance, as best I can recall from the read- ing of the script — you want me to review them again? Q Briefly, yes, sir. A May I refer to my notes? Q Yes, sir. A I believe I said earlier that there was frequent in- stances of simulated sex acts involving one male and one female, involving several males and several females on stage at the same time in face-to-face relationship while standing, while on the floor; some cases the male was astride the female, some cases it was vice versa; frequent instances of male to female proximity, front to back with the male facing the posterior of the female with what I call, I think for [141] lack of a better term, thrusting move- ments of the male organ into the posterior of the fema e: male to male simulated sex acts in both attitudes, face to face, front to back; simulated masturbation, several in- stances, one very flagrant one of simulated male masturba- tion with the use of a prop that appeared to be a red microphone with the male center stage, all attention focused on him, for he was the lead character in that sequence, with the microphone being substituted for the male penis; Simulated acts involving several males and one female. This was a standing situation with one male in a frontal attitude toward the female and the other males in a pos- terior attitude, one to the other, that is face front to back — 1 don't know how else to describe it; Several instances of females simulating a sex act with their mouths being in very close proximity to the male genitals; frequent — no, I shouldn't say frequent, that's in- appropriate — that one particular instance to which I tes- tified of the male lead, as I call him in the play, scratching 59 Testimony ef Steve F. Conrad —Cross Examination his own genitals; frequent instances of males grabbing other males’ genitals — that's about the size of it, I think. So, in summary, the portions that you found obscene were the, basically, the simulated sex acts? ; A That's correct. Q Now, did you find any portions of it enjoyable? [142] A I enjoyed the last number, I enjoyed the opening number. I didn’t enjoy it very much in between. Q You say “very much”? K I think the only other number that, if you want to use the word “enjoyment” that I felt was enjoyable was the air pollution number. Q All right, sir. Moving more in terms of relevancy or in terms of attempting to say something, did any por- tions of the play come across to you in that manner? A Yeah, there was some messages to be gained. Q Would you summarize those, set those out? A There was an obvious protest against the war which was highlighted by the closing number in particular. And, as I said. there was the satire on air pollution. Q With respect to racism? A ‘There were instances where this was brought out, I don't know how effectively. Q Well, did you feel like that the players were basical- ly racists, that is, the characters they were portraying, or were they merely making fun of our society's views on race, showing our hypocrisy? A I couldn't really answer that. I didn’t feel they were racists and I don't think that was the intent of it; but I don’t know what — I don’t know them as individuals, Mr. Alley, consequently, I don’t know where play acting [143] begins and where reality ends as far as they are concerned. Q You couldn't tell whether they were actors or ac- tually living this part, then? 5] Testimeny ef Steve F. Core Cres Examination A The program indicated they were nonprofessionals picked up off the street, whatever that may be; program also said that they believed in the sex attitudes they were depicting. Q In relation to the sex attitudes, could it be possi- ble that some of these acts or any of these acts or all of these acts that you have detailed here and obviously made notes on and so forth could be found in context of making a joke about sex? ; A Again, I couldn't answer that, 1 don’t know. It didn’t appear to me to be along that vein. Q Was it possible? A Anything's possible. : Q Now, in all cases, I believe with the exception of the one brief scene where the players are standing still and the lights are dimmed to a great extent, very dim, the players throughout are clothed, is that not true? A That's correct. f Q And ve are here referring to the famous or infamous nude scene at the end of the first act, this is the only exception? 2 That's the only scene in this play that I saw [144] where characters or participants were nude. Q What kind of people were portrayed in that play Who were these characters? Who were they —— what loosely can be called the hippie generation? Di it have a setting? A You mean for the stage itself, how was it set? Q Well, I mean, did it say where this was taking place or anything? A No. 1 Q Any of the musical words give you any indication? A A lot of references to New York but I — 52 Testimony of Steve F. Conrad—Cress Examination e Q (Interposing) Are not some of the players black, some white? 1 am sorry, I didn’t hear the question. Are some of the players black and some white? Oh, yes, yes. Some male, some female? Right. But you definitely got the idea they were portraying the hippie element in our society? A They were representative of that group is the way I would phrase it and they were attempting in their own way to portray certain conditions of life as they saw them I suppose. Q In portraying those conditions of life as they [145] saw them, would you not expect them to use some four letter words? A lam afraid four letter words are part of the vocabu- lary, unfortunately, in some instances. Q In talking to each other, if you heard them — over- — them on the street, it would not surprise you, would it? A No, I have heard many of the words that have been used. I haven't hear them to this extent. Q Were there any words in the play you ha heard before? eee Pe A No. Q_ Now, you say the play did comment on the war and on sex and what about the draft? There was a good bit about that. Pollution? Right. Drugs? From their point of view, yes. Hypocrisy, generation gap? OFO TOA OrOD FPO > 53 Testimony of Steve F. Conrad —Cross Examination 4 These were included. Q Now, with relation to drugs, I believe you testified at one point that there were some comments on marijuana, I believe, in direct testimony? A 1 don’t remember what my direct testimony was, [146] Mr. Alley. If you have a question. ask it; I will try to answer it. Q My question, then, is the conclusions or the ideas ex- pressed on marijuana by the actors in the play happen to coincide to a great extent with the conclusions of two presidential commissions on marijuana, do they not? A I honestly don't know. I am not an authority on presidential commissions or marijuana ot much of any- thing else. Q But if I told you that presidential commissions — MR. COLLINS: (Interposing) I object, he said he didn’t know. THE COURT: Well, state your question. Q If I told you that the presidential commission on marijuana has recommended the abolition of criminal pen- alties for private use, would this, this fact, is it so brought out by the players? Is this, this idea generally advocated by the players in this play? X I didn’t get that impression. Q Did you get the impression they were against mari- juana use? X No, no, on the contrary. Q That they were for it? A Yes. Q And they thought criminal penalties were wrong? [147] A I would presume — and it's only a presump- tion. I didn’t get it from the play — that if you believe that marijuana should be used privately, you must there- 54 Testimony of Steve F. Conrad—Cress Examination fore automatically believe that there should be no penalty unless you are a masochist of some kind. Q It is basically an anti-war play, is it not? A I don’t know, basically, there is an anti-war element in it. Q All right. It's anti-Vietnam war? A That's correct. Q And I believe that now this view is probably shared by the majority in this country, is it not? A It would seem to be an accurate statement. Q Okay. The same is true of pollution? A Ves. Q Now, Commissioner, you, of course, are not pre- tending to have any expertise in the theatre? A No, I don’t. Q And you are basing your ideas and your opinions of this play on basically your own personal morality, is that not true? A I suppose in essence, yes, I am simply saying that I have never seen the physical acts that were an integral part of this particular production on stage in a public place ever before. 0 @ @ 11521 Q Who are the grate — A (Interposing) Beg your pardon? Q Who are the “gtateful dead”? A The grateful dead? I don't know. Q Well, one of the songs mentioned “grateful dead.” A I didn’t — first time I heard the lyrics, if it was in the song. Q Is it possible chat there were elements in this play that you missed, Commissioner? A I said I didn’t miss anything visually that I know of. You can't keep your eye on the whole Stage at one 55 Testimony of Steve F. Conrad — Cress Examination time. I have testified that many of the lyrics of the rock music my ears simply can't catch. I read the lyrics, I presume, out of this particular libretto, I think its called. Q So, it is possible that you missed quite a bit if you could not hear the lyrics? a A les possible; let's say 1 couldn't hear the lyrics, I couldn't understand the lyrics. I heard a lot of noise. Q You recall the song, “What A Blessed Work Is Man”? A No, I don’t. It's in here, I know. [157] Q But you are not testifying, are you, Commis sioner, that this play is utterly without redeeming social value? MR. COLLINS: Object to that. Thats a conclusion the jury is going to have to draw, may it please the Court. We can get witnesses here for every comment, one way or the other. THE COURT: Sustain the objection. . A No, I can’t say it — utterly no redeeming quality whatever — utterly means in its context — my problem with that word is like everybody else’s problem with obscenity. What is it? What is it; not what is it not. MR. ALLEY: Excuse me one second, Your Honor. Q Commissioner, would you refer to your notes that you referred to previously and list the social issues that this play did comment on? A I ͤ don't have those in my notes. You asked me a question about it. I mentioned the air pollution. I men- tioned the Vietnam War. You mentioned race relations. I don’t know, a few others here and there — the draft. Q Your notes do not contain those? A No, my notes contained only instances, as best as I 56 Testimony of Steve F. Conrad —Recress Examination could recall a day after having seen the performance, of the simulated sex acts. RECROSS EXAMINATION BY MR. ALLEY: 1162] A formal vote was then taken not — to deny the booking. I believe the words used — the nudity was dis- cussed briefiy. It was not an in depth discussion if I recall. The nudity was discussed briefly. The language was discussed briefly. It was determined that the booking would not be made in the best interest of the public. Q_ Asa matter of fact, your obscenity defense was filed Friday the day before you went? A 1 had no knowledge of what the defense was. I mean, I hadn't conferred with the attorneys, I didn't know. Q The day before you went to Charleston on Saturday? A If you say so, if the record shows that. MR. ALLEY: Thank you. THE COURT: Anything further of this witness? All right. You may be excused. Gentlemen, I am going to have to recess the trial at this time. I have some other matters I must take up this morning. Accordingly, gentlemen, do not discuss this case; wouldn't be proper to discuss it among yourselves or discuss it with anyone or allow anyone to discuss the case with you. Do not read or listen to any news account of the trial, bearing in mind at all times your obligation to decide [163] this case on the basis of the evidence that you hear in open court. 57 Testimony of Steve F. Conrad —Recross Examination; eee tne T. Thrasher, Jr. — Direct Examination If the jury will be back at nine o'clock in the morning, we will resume the trial at that time. The jury may be excused. (Thereupon, the jury was excused from open court, and in their absence, the following proceedings were had, to wit:) THE COURT: Anything further, now, to take up, gentlemen, in the absence of the jury? If not, lets be in recess until nine o clock tomorrow. (Court adjourned.) TESTIMONY OF WILKES T. THRASHER, JR. DIRECT EXAMINATION BY MR. COLLINS: 11651 Q Are you an attorney at the Chattanooga Bar? A Yes, sir, I am. Q How long have you practiced law, Mister — A (Interposing) Approximately 24 years. Q Recently did you have an occasion to sce a stage production known as “Hair’? A Quite by accident, Mr. Collins, I did about a year and a half ago, yes, sir. Q In the interest of time, Mr. Thrasher, would you simply turn to the jury and tell them what you observed on stage with reference to sex acts, nudity and things of that — MR. ALLEY: (Interposing) Your Honor, I would object to the form of that question. THE COURT: Well, I believe the question is quite 58 Testimony of Wilkes 7. Thrasher, Jr.— Direct Examination; Cress Examination general. Can you not make your questions more specific? Although, of course, Mr. Thrasher is an attorney and is aware of the rules of evidence and accordingly will be per- mitted more liberality than would normally be the case in the matter of addressing general questions. 11671 Then one of the actors took — the male actor took the American flag and, don’t want to be indelicate, rubbed the rear end of his anatomy with the American flag. Then a female actress picked up the flag and did the same thing with the front part of her anatomy. Shortly thereafter, I saw many simulated sex acts be- tween the actors and the actresses. Near the latter part, there was a nude scene but the flag and the sacrilege was the principal thing that I saw while I stayed. I left before the play was over. Q You left after the first act? Al believe the second act. They did not cut the lights on until then and — fully — and when the lights came on where I could get out without walking over people and disturbing them, I left, went back to the hotel and took a shower. Did you see simulated sex acts that can be character- ized as unnatural? A Yes, sir. CROSS EXAMINATION BY MR. ALLEY: 0 eo 0 11721 Q You didn’t answer my question. A If that's the philosophy, I differ with it, yes, sir. 59 Testimony of Wilkes T. Thrasher, Jr. — Cress Examination Q Now, you say you left at the end of the first act? A Second act. Q Second act? You left at the end of the play, then, did you not? A No, the play was still on. I went out when everyone went out to smoke a cigarette. I did, too. Instead of go- ing back in the theatre, I went out. Q How many acts were there? A Been two years ago, sir, I don't remember. | believe it’s a three-act play. I did not see the last act. If there's three acts, then I left at two. If its a two-act play, I left at the end of one. Q If it was a two-act play, you left at the end of the first? A It’s been two years ago, I don’t recall. 8 Q Do you recall at what point in the play this attitude towards the flag was displayed? A Had to be while I was there, of course, first or second act, I don’t recall. [186] Q So, as you sit here, you cannot say that the play had no redeeming social values, can you? ; A The part or portion that I saw, had no redeeming social value. 8 You only saw a portion ; I saw a — I was revolted and left. The most revolting part for you, I believe, was the blasphemy, I believe, as you characterized - . A (Interposing) Blasphemy and sacrilegious attitude and gestures towards Almight God and Jesus Christ and His son and the desecration of the American flag and be- littlement of the United States Government, that was enough for me. 60 Testimony of Wilkes T. Thrasher, Jr. — Cross Examination; Recress Examination Q These factors, you say, appeal to man’s baser in- stincts but they did not appeal to yours? A They appeal to the evil and baser instincts of any- one who would see it and they didn't — they didn't debase me. They didn't influence me. Q Anyone that would — * (Interposing) But it revolted — Q (Interposing) Anyone who would advocate these things or perform these acts on the stage is advocating evil? A Well, I saw no good that was coming from it, let's put it that way. MR. ALLEY: All right. sir, thank you. RECROSS EXAMINATION BY MR. ALLEY: {189} Q You dont recall? A U beg your pardon? Q You don't recall whether you purchased it or not? 4K I don't. Q If it is the practice of the theatre to sell these pro- grams, not to give them away, then would you concede, then, that you had purchased same? A As I told you, unfortunately, I am not a theatre goer. I could tell you about baseball and football but I don't know much about the theatre. I am — I just don't know. Q You have been to three plays in New York. You have been to plays in the Little Theatre? A Oh, last time I was there, I guess it was five or six years ago, maybe ten years before that. 61 Testimeny Wilkes T. Thrasher, Jr. — Recross Examination; Tistasey et Jobe Elie. Direct Exemiaation THE COURT: What is the purpose of this? THE WITNESS: I don’t recall. THE COURT: Cross examination of this — MR. ALLEY: (Interposing) Well, your Honor, we produced for the defendants the program that would be here in Chattanooga. This program is from a play in New York that is not going to be sold here in Chattanooga. Now — THE COURT: (Interposing) Those are matters you can show to the jury. TESTIMONY OF JOHN ELLIS DIRECT EXAMINATION BY MR. NELSON: * * * 11961 Q Can you tell us whether or not the play dealt with sexuality? niga A Well, there's no question but what it did in all its forms. Q Was there one scene, several scenes, many scenes? A Many. Q Can you tell us what types of sex acts took place in the play, Doctor? A 1 don't know of any type of sex act that wasn't simulated with the exception that I didn't see anybody having sex with an animal. Q Now, could you be a little bit specific and tell us specifically what did take place and describe the acts. A Well, these were simulated acts, of course, you un- derstand that. Generally males cannot perform actually on a stage, although sometimes they can, but the sex acts 62 Testimony of John Ellis — Direct Examination were simulated between males and females and between females and females and between males and males and be- tween mother and son and whatever else there is to do. Q Now, you say “simulated.” What do you mean by that word, Doctor? 1197J « I mean that the actors posed their bodies and went through motions that indicated sex acts, both natural or unnatural. Also that the music and the lights and the falling glitter from the stage simulated the climax that occurs. Q Were there any scenes of masturbation in the play, Doctor? A Yes, yes, yes. They would sing about that. One fellow stood up and said, “Masturbation can be fun,” and gave a demonstration. Q Could you tell us whether or not there were any nude scenes? MR. ALLEY: Your Honor, I am going to object to this leading. THE COURT: Well, he may answer the last question. A The nude scenes? Yes. At least three that I recall. There was a lot of stuff that went on the stage. This wasn't a stage like you ordinarily see a play. As a matter of fact, there weren't any curtains drawn. It was a little bit like a circus in more ways than one; but what I mean by that is there was a center of action which was usually outlined by a spotlight. But there were many side actions going on. {200} Q That answers it, Doctor. MR. NELSON: You may ask him. THE COURT: When you say, “I have never seen any- thing to compare with it,” what do you mean? 63 Testimony of John Ellis — Direct Examination; Cress Examination THE WITNESS: Well, by that, you know, there are many forms of degradation. There was really no violence particularly in this play. There might be a bit but there wasn't much simulated violence to people or things. But with the exception of people having intercourse with aii- mals, I can’t think of any other type of carnal relationship that could be simulated that was not done in this play. There may be some that I have missed out on. And also it is beyond my imagination to imagine any fouler, more indecent, vile, offensive language than was used, not at one time but throughout the entire production. I word hesitate to do so, there are some women present in the courtroom, but I can give you some examples of that if you'd like. THE COURT: Cross examine. CROSS EXAMINATION BY MR. ALLEY: Q What burlesque have you seen and where, Doctor? A It has been some years but I was in New York and I don’t remember the name. I was in Chicago one time and I have seen burlesque shows in both those and also in Tokyo, * * * o 6 0 [208] And as I get it, the individual is sort of tempted to do so because he is dissatisfied with some things that happen. In the end, he fails to do that. He fails to go to the street and as I read the play, he meets his death as a result of not having heeded the advice given him. Now, that's the social issue that presents to me, is ig- nore what your parents say, ignore what the school says, ignore the church and come live in the street with us. Q And this is the only social issue of our time that this 64 Testimony of John Ellis — Cross Ex.) Testimony ef Coyel Ricketts — Direct Ex. play comments on, in your opinion? A That's the overriding message to me. Q That's not what I asked you, sir. A It comments on — comments on nudity. You have mentioned that. It comments on drugs. Those are both important issues right now. It comments on profanity. It comments on the Vietnam War especially. It com- ments on politics because, LB] was prominently mentioned. I understand it's been changed to Spiro T. It comments in one way or another on most the social issues facing this country. But the overriding message is forget all that, come live in the street with me. TESTIMONY OF COYEL RICKETTS DIRECT EXAMINATION BY MR. NELSON: 12200 A Well, before the play started, seems the cast was generally congregated throughout the stage area. Of course, the stage was a little dark at that time but you could see them just moving about and the orchestra, of course, was tuning up the various instruments and then some of the actors and actresses came out on the stage with huge boquets of flowers, long-stemmed flowers and began throwing these flowers into the audience. And one girl in particular, I think it was Sheila, came out with a bunch of these flowers and she was throwing them. On her costume right at her crotch she had a huge cherry and after they finished throwing the flowers into the audi- ence, why, she moved back stage about center stage, I guess, and sat down and spread her legs real far apart. Q lI see. Was this clearly visible to you, sir? 65 Testimony of Coyel Ricketts — Direct Examination Beg your pardon? Was this clearly visible to you? Yes. Would you tell us then what happened in — dur- ing the first monologue in the play by, I believe, the char- acter known as Berger, starting on Page 1-3 where he in- troduces himself? A You want me to read the entire dialogue there? QI think it's already been read but — 12211 A Hello, my name is George Berger, but I don't dig George. So just call me Banana Berger, or Cheese Burger, Unzipper Berge, Pull em down Berger, Karma Berger, Pitts Berger, Take em on Berger, Up your Berger,” and he gave this sign when he — Q (Interposing) Did he give it to the audience or who? A To the audience. Q Isee. What did he do after that, sir? A He took his pants off and he threw them into the crowd and they landed about first, second or third row. Someone caught them, I guess. Then he came off stage. He was wearing a pair of red, more or less, jockey shorts, I would call them, heavily beaded. And he came off the stage. He played with these beads in such a manner as he was very, very — I don't know what he was trying to do, in case — gave an idea of masturba- tion, more or less. And then he went into the crowd and he spotted a lady; sat on the back rows of the seat. The seats, of course, were just regular theatrical seats. He sat on the back of these seats with his legs spread out with the shorts on and he pointed to this lady and said, “Look at her, she is scared shitless.” 2 2 66 Testimony of Coye! Ricketts — Direct Examination That was the first thing that I heard him say [222] there and when he came out in the crowd. Q Have you read the script, sir? A Yes, sir. Q Is this in this script? Xx No, sir. Q Now, let's progress on to Page 1-5 there where they are singing the song, “Sodomy, Fellatio, Cunnilingus, Pe- derasty, Father, why do these words sound so nasty, mas- turbation can be fun.” THE COURT: What page? MR. NELSON: Page 1-5, your Honor. Q Can you tell us what the cast was doing during the singing of these words? A They were going through all these motions of sex intercourse, more or less, I'd call it dry sex or call it simu- lated sex: but. anyway, it was about three or four males, one female — female was in second, I think, and they were all back — I mean, going back to back in a fashion like they were having intercourse and after it was over the girl said, “I want to thank the last boy that came,” or, “The last man that came on.” That was the fifth man and that was Hud. I think, one of the chracters, Hud, that was the last man. Q Now, during the time it says, “Masturbation can be fun, join the holy orgy, kama sutra everyone,” who was [223] singing this, was it center stage or in the wings or — A (Interposing) Beg your pardon? Q The character who was singing, “Masturbation can be fun, join the holy orgy, kama sutra everyone,” was he on center stage or was he to the side of the stage? A He was on center stage. Q And what was going on as to this character at that time? 67 Testimony of Coyel Ricketts — Direct Examination A He had a red microphone — red colored microphone about this long and, of course, the microphone, where the voice goes into it is a bulb, you might call it, sticks out a little and he had it between his legs and he was lying flat on his back and he goes through a motion of masturba- tion there, real vivid, I mean, there’s no question about it. And when he finishes, he moves his leg a little bit and the microphone hangs limp, just a perfect portrayal, almost. Q Now, let’s move along. Late in the first act towards the end where the nude scene comes in, Mr. Ricketts, could you describe this nude scene to us? A Well, the nude scene came right at the close of the first act and it was a — it was singing. There was singing and the stage lights were down, not too dim, but they were down and this all — this all of a sudden, these — about two rows, I think, of nude, completely nude male and female — completely nude, visible in every sence (sic) of the word. [224] I guess it lasted, I don't know, just seems to be like maybe $0 seconds or something like that, the nude scene; but there is no question about it, it was visible in every sense of the word and it seemed to me like the males who were more malish than some males are were in the front row, and the best looking girls were also in the front row. This is just an observation that I got. Q How long did this nude scene last, did you say? A I'd say, seemed to me like 30 seconds, that's an es- timate on my part. ° Q And were the private parts of these individuals — A (Interposing) Definitely. Q Visible? A Yes, sir, definitely. Q Okay. Now, then, let's go on to the second act. I refer to Page 2-6 where the tribe picks up the picture 68 Testimony of Coyel Ricketts — Direct Examination; Cress Examination of the — let's see, I am not sure that's the page or not. But, the — A (Interposing) Mick Jagger. Q Yes. That's six, 2-6, where the tribe picks up the picture of Mick Jagger and it's eventually placed on the stage and one of the characters comes over and — (229) THE COURT: All right. Were there other matters not in the script that you heard? THE WITNESS: Oh, I think this was in the script, anyone who says anything is bad about marijuana is full of shit, I think that’s in the script. MR. NELSON: Excuse me, one other place — this is relevant — is the nude scene in the script, does the script tell the players to go nude on stage? THE WITNESS: No, no, no indication whatever there will be a nude scene. All of a sudden, bingo, it appears; no indication. THE COURT: All right. Now, do you wish to have Mr. Thrasher return before you take up any cross examina- tion? MR. ALLEY: Makes no difference to me, your Honor. I was just — thought maybe it might be an accommodation to Mr. Thrasher. TESTIMONY OF COYEL RICKETTS CROSS EXAMINATION BY MR. ALLEY: 1240 Q Yes, sir. Did you see anything in this play about the Vietnam War? 69 Testimeny ef Coyel Ricketts — Cross Examination A Oh, yes, yes. Q Well, would you tell us what you saw about it? A 1 saw the scene where the — where he pisses on draft card and threatens to burn it and heard the, “Hell, no, I won't go,” thing; and I heard the — all the dissent there at the last where Claude, I think, is brought in ly- ing on the sheet. I saw all that. I saw the entire per- formance. Q All right, sir. What, basically what did you derive from these comments on the Vietnam War? 4 That they were against the Vietnam War. Q All right, sir. Is this contrary to your philosophy? A The Vietnam War situation has changed quite a bit since this play was played. And I think that — that at this time | had a son in the Army. I was very upset about it. I would take this directly against my philosophy, yes, I could say that. 2 But you do admit — A (Interposing) Yes, I could say 1 don't agree with this at all. Q But you do admit that the overall tenure of the 241] country since this play — (Interposing) At this time. — was produced has changed? Yes. Considering the Vietnam War? Yes. Do you think this play might have had anything to do with that? A Well, that, I can't answer you; wouldn't be fair. I don't know whether it had anything — Q (Interposing) You don’t know whether it did or not? A It could have. 20 222 70 Testimeny ef Ceyel Ricketts — Cross Examination Q All right, sir. What did you say? A It could be a contributing factor. Q All right, sir. What did you see in this play con- cerning draft? A Draft? Q Yes, what was the general import to you of the com- ments of the draft? A Trying every way in the world to evade it, anything necessary to evade it. Q All right, sir. They disagreed with the draft? A Absolutely. Q Now, has the law regarding draft changed to your [242] knowledge since this play first opened? A Yes, I think it’s been lowered because of the pulling out of troops in Vietnam. Naturally you don’t need the — I think the draft quota has been lowered. I think the women have become status with the draft or will be. Q Have not the entire system of choosing who is draft- ed and who is not been changed, sir? Alam not too sure, used to be built mostly on scholas- tic exceptions and things like this. This could have changed. I haven't kept abreast of the recent draft law since my son has been in the Army and out. Q You are not aware, now, they have birthday, what- ever your birthday and draw — A (Interposing) I am sure I have read that, yes, and drawed out of a huge — you have a new draft commissioner, too. I think Hershey retired and another one set his own patterns. I guess everything changes when — Q (Interposing) Or Congress changes the law? A Congress changes the law, definitely. Q Do you think perhaps this play had anything to do with that? A Well, everything together, this play could be — could 71 Testimony of Coyel Ricketts — Cross Examination have been a contributing factor, I mean, I don't know. I can’t answer that yes or no. Q Do you think dissent is valid in this country? 12431 A Did I think what? Q Dissent is valid in this country? A Sex? Q Dissent. A Dissent? Oh, sure, dissent is valid. I mean, you can dissent any time you want. That's freedom. Q_ Except on the stage in the civic Auditorium here? 4 Except when you dissent with nude scenes and the way they — what goes along with what they did in their dissention, the way they conducted — Q_ (Interposing) They can dissent in your opinion but not if there is a nude scene? A How can they dissent by masturbation? What are they dissenting about or simulating dry sex? What are they dissenting? Q_ So you're only objecting then to certain portions of the play? A No, I am not. Q_ I am trying to understand. A lam not objecting to any certain portions. I object to the whole play. Q You are not objecting to any portions of the play? A I said any certain portions. 2 Oh, all right, sir. You are objecting to the [244] whole play? X To what I saw. Q The play in Charleston, South Carolina, the play Hair“, and you are objecting to the total play? Xx I just said what I saw and that's all. Q You did say you saw the Vietnam War protest? A Uh-huh. 72 Testimony ef Coyel Ricketts — Cross Examination Q You did say you saw the draft protest, you are ob- jecting to that, then? A Go back to the time that scene was done and I would have been objecting to that, yes. Q_ And you are objecting to the people in Chattanooga seeing that? A None of my business what the people of Chatta- nooga see. I am just telling you — what they saw, I can't decide. What they see and don't sce, I am not a censor. Q We went through this before. A Beg your pardon? Q_ We went through this once before, you kept saying, “I don't object o what the people of Chattanooga see.” You can object to what they sce in Memorial Auditorium, can you not? A Yes, and I wouldn't bring it to the Memorial Audi- torium, neither would I vote to bring to the Tivoli The- atre. If you are asking that question, I will answer it [245] directly. All right, 1 answered you. Q That's what J am asking, as far as using Memorial \uditorium, you do not want the people of Chattanooga to see this play? A I don’t want it played in Memorial Auditorium or the Tivoli Theatre. I would not advocate it, if I had a chance to, I'd vote against it again. Q You are against even the portions of it concerning the Vietnam War? A I am against the play being shown because of what I saw in the play. Q Well, this is what I am trying — I am not sure I understand your testimony. A Iam not sure — I am trying to understand your question, either. 73 Testimony of Ceyel Ricketts — Cross Examination Q You said you don’t object to dissent but, I object to dissent where there is a nude scene involved.” Now, I am saying, are you objecting to the nude scene alone and then without it — A (Interposing) Oh, no, no. Q — dissent would be valid? A Lam not objecting to the nude scene alone. | am objecting to the idea on drugs, for instance. Q 1 am talking about as far as that one idea. A One idea, I object to the nude scene, yes. [246] Q Well, what about the Vietnam War portions? A If it was back when this play was probably written, the script was written, I would have objected to that atti- tude, yes. But now — Q (Interposing) This April, 1972. A Well, the Vietnam War has changed. I wouldn't strongly object to that. Q You would a little bit? A No, I wouldn't go either way on it. Q What about the draft? A Well, the draft, same way. Of course, the draft laws have been changed. That's been taken care of. Q You were — so you wouldn't object? A Qh, no, not to any great extent. Q To any great extent, this is what I don’t understand. Would you or would you not object to this? A No, not — not too strongly. I might have a mild objection. Q You might have a mild objection? Do you or do you not have a mild objection? A To the draft? Q To the draft as portrayed in this play. A Oh, yes, I object to the way it's portrayed in the play, yes, yes. 74 Testimony of Coye! Ricketts — Cross Examination Q All right, sir. What about the ecology comments [247] in the play, what did you derive from them? A Well, there is a lot of facts in the ecology scene, pure air and things like that. The ecology, you know, is in so much in demand now, so much discussed over, its bound to be popular. I think they were ahead of their times a little bit in that scene. Q You think they were ahead of their times in that scene? Do you think that scene might, or this portion of that play might have had some impact on the thinking of this country towards ecology? A Could have done. Q Could have done? All right, sir. And you do say that the total idea of this country is now more in line with what the play portrays? A No, no, no, not — about what? Q_ The ecology. A Ecology? Yes, yes. 2 Ecology. Issue on the Vietnam War? A Discussing ecology issue, yes. Q And the same would be true of the Vietnam War ue? A Yes. 12521 Q Does that mean the second act? & Yes, has to be the second act. Q All right, sir. The play you saw, that’s where this song occurred, in the second act? A 2-8. I presume it's the second act. Yeah, has to be because it's so close. Q So the song by the three black girls and the song by the three white girls occurred in the second act, this is the point? 75 Testimony of Ceyel Ricketts — Cress Examination A Let me verify it, will you, please? Q Yes, sir. Think you found one, you will find the other one right next to it. A Yes, Act 2 because Act 2 is way back here, starts on 2-1 is Act 2, so this is — this would be Act 2. Q Definitely Act 2? A Yes. Q All right, sir. Now, what did you derive from that? A Well, I derived that colored girls like white boys and white boys like colored girls sexually. Well, this comment on racism, did this offend you? A I can't define that as racism. I don’t know. I can't definitely define — [253] Q (Interposing) Do you think it's a valid com- ment? A Beg your pardon? Do you think this is a valid comment? A Well, it could well be. I can't dispute it. I see where people on the University of Chattanooga campus yes- terday, told the colored boys that every time in their life they d had desire for a white woman so I guess it’s pretty prevalent among — Q (Interposing) Let's — excuse me, did you see any satire in this script? A Beg your pardon? Did you note any satire in the script? A No, what do you mean by satire? Q Making fun of? Did you see it in the play, sir? A Not that I recall. I don't know if they are making fun. Q So this could no have been a satirical comedy? A It could have been, I mean, in some respects it could have been. Q All right. Did you enjoy any portions of it, sir? 76 Testimony of Ceyel Ricketts — Cross Examination A Did I do what? 2 Enjoy any portions of the play? A Well, from the opening number, Aquarius, the music, I guess, and probably Let The Sunshine In was but [254] even during that, the bodies were entwined in the Aquarius number, one to the other; so it was after that, in between that it was complete. Q Bodies entwined, male and female? A Uh-huh, male and male. Q Male and male? A I guess they were simulating love, Aquarius being the age of love. Bodies were entwined, they were very close together? Embracing, yes. Embracing, sir? Have you ever been to a dance? Been a long time, sir, about past that stage. You haven't been to any recently, then? No. All right, sir. Would it surprise you to know that sometimes male and female bodies are entwined dancing in Chattanooga, Tennessee? X Not like these were entwined, I believe. Q You say so but you haven't seen any in a long time? Xx Haven't seen anything like this in a long time, either. Q All right, sir. You are not saying, then, that this is not occurring in Chattanooga? 12551 A I can’t say, I haven't been there. Q Of course, sir, you are not claiming expertise in the theatre, are you? A Beg your pardon? Q You are not claiming any expertise in the theatre, are you? A No. OOO 77 Testimony of Ceyel Ricketts — Cress Examination Q You are just an average citizen in Chattanooga? A I call myself average. Q All right. Now, you said you hadn't seen anything like this at all on the live stage? A Huh-uh. Q Where have you seen things like this? A Movies. Q Bey your pardon? A In movies. ln movies? Which movies have you seen? A Well, I was in the United States Marshal's office 16½ years. We confiscated many films and I have seen them there. That’s— Q (Interposing) Was it part of your duty as United States Marshal to view these films you confiscated? A Worked with the Postal Department and United States Attorney's office, I could view the films, yes. Q You say you could view them, I say was it part [256] of your duties to view them? A Well, not necessarily but I saw them. They were — let's put it this way, the films were placed in my custody if they were used as evidence when I was a marshal. Q Who's Mick Jagger? K Mick Jagger? I guess he's a rock singer. Q You guess? A Yes, really, I think he is, I think. I have never heard, I don’t think I have ever heard a recording by him but I believe— Q (Interposing) Had you ever heard his name before the play? A Yes. Q To your knowledge? A Yes, I think I have, yes, I have heard his name. ene 78 Testimony of Coyel Ricketts — Cress Examination Q When they said in the play, “Mick Jagger,” you knew immediately who they were talking about? A Didn't dawn on me, no, didn’t connect him with rock singing. I didn't know him that well. I don't know him that well. I just believe he is a rock singer. Q You knew some famous figure, though? A Yeah. (264) A Well— x (Interposing) I'd say less than 50 percent. Q Less than 50 percent? Would you say less than 20 percent? X I'd say over 20 percent probably. Q In your opinion, then, over 20 percent of the time spent on the stage on this play, simulated acts were—this was the time it was involved in playing simulated—showing simulated sex acts other than when the music was piaying? A Well, it was continuous, practically. Q Continuous? A Practically. Some of the things that hadn't been brought out here was the fact that even during when there was no simulation of sex, they'd have their feet up between each other's legs on the floor, tickling with their toes and things. If you try to arrive at the time it takes to go through all this, it’s almost impossible. Q You heard Commissioner Conrad testify yesterday, did you not? A Yes. 79 Testimony ef Albert 1. Gresham — Direct Examination TESTIMONY OF ALBERT L. GRESHAM DIRECT EXAMINATION BY MR. ALLEY: [280] Q Would you state your name, please, sir? Albert Gresham. Mr. Gresham, what is your address? 315½ Chambliss Street. Here in Chattanooga? Yes. What is your occupation, sir? I am the director of the Chattanooga Little Theare. Chattanooga Little Theatre here? Yes. What is your background in the theatre, sir? I have been a professional director since 1950. The last seven years have been as director of the Little Theatre here in Chattanooga. Previous to that, I was director with Educational Television in Memphis, WKNO, for seven years, and producer-director for Commercial Television for five years. FPOPD PDH KPOD PO 12821 Q All right, sir. Would you be so kind as to give the Court and the jury your comments concerning what you derived from examining this libretto? MR. COLLINS: Now, if your Honor please, I would like to interpose an objection at this time to this witness attempting to testify upon the issue before this jury as it relates to the offer to produce “Hair” in Chattanooga for the reason that I am informed that this witness has never seen “Hair” produced. The proof is undisputed in this record that the actual production of “Hair” deviates sub- „„ 244% „„ „600 80 Testimony of Albert I. Gresham — Direct Examination stantially from the written script, that the conduct and the action that takes place upon the stage, very little is depicted or referred to in this script; so, if he seeks to comment or analyze strictly upon this script, he is taking only a portion of the total product and it's the total product that this jury will be asked to pass upon. THE COURT: These are matters you can develop upon examination or cross examination of the witness. Q You may answer. A May I use notes? Q Yes, sir, you may. A Studying the libretto, the script, I find that the theme of the play—what I did with it was study it and analyze it just as I would if I were directing the play, take the play apart, see how it is put together, what is [283] going on in the play; and why is it put together in this way? What are the elements, theatrical elements in the play that can be utilized in a production and putting it on stage? What is the theme of the play? What is it about and how would you develop this theme on stage, you know, as you transfer it back to the stage. So I found that the theme of the play is the need for rebirth or change in the Christian sense, he must be born again in order to enter the kingdom of heaven, in other words, there must be a change, rebirth, not only in indi- viduals but through the individuals, a change in the culture or the society before certain desirable things take place in that society. In this sense, the play is a revolutionary play and uses, underlining this fact, posters, banners, a rally in the play, charts, things of that sort. This theme is stated at the every beginning of the play in the first song, “Aquarius.” The words say, “Harmony and understanding, sympathy and trust abounding, no more falsehoods or derisions,” 81 Testimeny of Albert 1. Gresham — Direct Examination a change, “Golden living dreams of visions, mystic crystal revelation, and the minds true liberation,” this is what they want in the play. “Peace will guide the planets and love will steer the stars.” So there needs to be a movement, a change, a rebirth to these things. The play is strange in structure in that it is [284] not the standard, traditional play form, which is in keeping with the theme of the play. They want a change from the traditional, from the norm and so they do not write the traditional play. The traditional form of a play is the exposure—you meet who the people are in the play. Then the next step, traditionally, is a rising action or a conflict— one person in the play wants something, somebody else in the play wants something else. There is a conflict and this builds the action of the play. The next step is the climax of the play, one side or the other wins; and then falling action, everything is resolved. Now, these playwrights in this play did not use this traditional form. They go back to the beginnings of theatre and borrow from primitive rituals, the very be- ginning of theatre, a ritual form, a right, a sacrificial right, it's a ceremony, not just a story but a ceremony performed on the stage. It's a ceremony in the form of the ritual sacrifice and it’s the destruction of something of value for appeasement of the Gods so that something of value will result so that the people may live in peace and prosper. It's the sacrifice of the lamb, sacrifice of the virgins, sacrifice of something good so that something good will result. What I am talking about is, this Claude is the chosen one, the sacrificial lamb. He is drafted and [285] destroyed in the course of the play. In the play, he is identified early in the play with reigious matters, sacrifices. He says, idengifying himself, “I am a genius, genius. I believe in God and I believe that God believes in Ciaude, 82 Testimeny ef Albert i. Gresham — Direct Examination that's me.” He says, I am Aquarius, destined for greatness or madness.” He says, “I got life Mother, I got laughs, Sister, I got freedom, Brother, I got good times, Man, and I am going to spread it around the world, Brother, I am going to spread it around the world, Sister.” In the religious feeling of the brother, sister, I am going to spread it around the world, Brother, so everybody knows what I got.” He says in the play, “I am the son of God, don't mess with me.” He says, Bless you, bless you, bless you, I believe in Jesus,” and he throws flowers to the tribe. He is a—the chosen one. He is identified through the words and the play with martyrs. His identification as the chosen one is strengthened in the title song, “They'll be ga ga at the go go, when they see me in my togo.” MR. COLLINS: Your Honor please, I'd like to inter- pose an objection to him reading his testimony. MR. ALLY: Merely referring to his notes. A I haven't memorized the lines from the play, I am sorry. Q Would you like to refer to- [286] THE COURT: (Interposing) He may state his answer. Q —any portion you want to, you may refer to the actual page. A Oh, fine. Well, I have just copied from that to this to refer to so I know What's Q_ (Interposing) You may answer. A So, anyway, the chosen one. Another point that identifies him as this early in the play, in the title song “Hair” and “They'll be ga ga at the go go, when they see me in my togo, my togo made of blond brilliantined bibli- cal hair, my hair like Jesus wore it,” in the identification of the martyr, “Hallelujah, I adore it. Mallelujah Mary loved 83 Testimeny of Albert 1. Gresham — Direct Examination her son, why don’t my mother love me? Hair, Hair, Flow it, show it, long as God can grow it, my hair.“ The identifi- cation with the deity. He is described by characters in the play as Claude, the purest mind on Avenue C; described as the most beautiful beast in the forest. Again the sacrificial virgin, something of value that must be sacrificed to the gods for them to respond and give the people peace, prosperity and so forth. Now, it’s not a—so the tension of the play comes because it is not a willing sacrifice. He doesn't know—he doesn't want to be sacrified. He says, “They are [287] not going to get me. That's it. They are not going to get me,” he says carly in the play. Then by the end of the first act, he is examining himself, his life, wondering who he is, what is the purpose of his life? Is there a purpose in his life? The song that ends the first act is Where do I go? Follow the children. Where do I go? Follow their smiles. Is there an answer in their sweet faces that tells me why I live and die? Follow the wind song. Follow the thunder. Follow the neon in young lovers eyes. Where do I go? Follow my heartbeat. Where do I go? Follow my hand. Where will they lead me? And will I ever discover why I live and die?” And that takes us to the intermission of the play and you see the movement. He is being set up for the sacrifice. Now, in order for the sacrifice to have any meaning, the audience must identify with the people on the stage. They have got to be a part of the ritual in this structure. They are a part of the play if the sacrifice is to mean anything to them. So in the structure of the play there are all the atempts to involve the audience. They talk to the audience. They give things to the audiences, things of that sort, to involve 84 Testimony of Albert I. Gresham — Direct Examination them in this ceremony that is going on, the ceremony is the sacrifice. Now, for it to have meaning, there must be [288] prob- lems which make the sacrifice necessary. Why is he to die, you know, what is wrong? That he must die to be set right? Some of the problems stated in the play are lack of love, harmony and understanding, sympathy and trust, freedom. They deal with pollution, hypocrisy, racism, the alienation of the generations, loneliness, war and the instru- ments of war, killing the internalization, the dehumaniza- tion Sf man, the exportation of people, resources; false social and moral values, that is, people who say one thing and practice something else, preach one thing and do something else. These things that they say are wrong need to be cor- rected and they offer a sacrifice to correct this. Another one is violence in the streets, a rape in the streets of the play, something's wrong that needs to be corrected so they are offering the sacrifice. Now, before the play started, the tribe, you sce, the ritual, call it a tribe, has made some attempts to deal with the problem. They banded together. They refused to live and recognize these standards of behavior of values which they don’t approve of. They try to escape through the use of drugs. They ridicule and mock the things that they don't like to downgrade it. They treat as nonsense what they consider nonsense. Now, these points here are a couple of flaws in the play in that so much time is spent on the specific [289] social problems like pollution or racism, that it gets in the way, really, of the forward movement of the play. And the ridicule tends to obscure the—some of the points in the play. When they make light of something, it’s easy to assume that they don't feel deeply about it but sometimes we do that, make light of something for which we feel 85 Testimeny of Albert 1. Gresham — Direct Examination very deeply. So as the play progresses, following this line as the movement of sacrifice nears, the tribe deplore the need for the sacrifice but at the same time they recognize the reasons for it. They say, “How dare they try to end this beauty?” They say, you see, they say, “Jn this dive, we rediscovered sensation.” Again, rebirth, a change to some- thing better; “Walking in space we find the purpose of peace. The beauty of life you can no longer hide. Your eyes are open wide,” and the momentum of the play builds as we get closer to the sacrifice; “The falsehoods and de- risions,” as they are called in the play, the things they don’t like are presented all over again in a nightmare form, in a trip and which ends with a mock death of Claude as part of the nightmare and the statement of the play. The thing is stated three times; very beginning of the play, you know, in the ritual of cutting a piece of Claude's hair and burning it, you see, making the sacrifice. Here's the man who's going to be sacrificed; in the nightmare, the bad trip in the play, he is destroyed, he is killed. And at the end of the nightmare, [290] he is identified with his—the mean- ing of his death is suggested and the larger meaning of his death and his death is associated with the death of youth sacrificed in war, the sacrifice of youth in war, the death of something of value so that something of value to society will result, you see. In the song, “Ripped open by metal explosions,” climax of the nightmare, it's war, “Caught in barbed wire, fireball bullet shock, bayonet electricity, shrapnelled throbbing meat, electronic data.” We are—he is being sacrified as youth is sacrified in war. Then, in the climax of the play and midst this scene of destruction, it is immediately followed by its opposite— what is man capable of? What is man, the poet's view of man in contrast to this death and destruction, metal ex- 86 Testimony of Albert l. Gresham — Direct L=mination plosion, the barbed wire and so forth? They say, “What a piece of work is man,” immediately following—sharp con- trast to the death and destruction. They say, “What a piece of work is man? How noble in reason, how infinite in faculties. In form, in moving, how express and admira- ble. In action, how like an angel. In apprehension how like a God. You see the ironic contrast, which is theatrical structure and this is really the high point of the play. 291] Contrast between that man can be and what he is as demonstrated by the nightmare, leaves the tribe dejected, low and frustrated and they are at the low point, a down point, now, you see, there is need for the sacrifice. You have this war, destruction, death; but man can be a piece of work, noble in reason and so forth. And at this point in the play, Claude begins to accept his role as the sacrifice, sacrificial lamb. He says at this point, “Oh, my God, I feel lonely. I want to sleep in mushrooms and eat the sun because I know where it's at. I know what I want to be, invisible. I could float around and slip into people's minds and know exactly what they are doing and thinking. I could go anywhere, do anything. I could perform mira cles. Again he says, That's the only thing I want to do or be on this dirt.” At this point, the tribe touch him. He is their sacrifice. He says, in recognition of his new role, “I wish the fuck it would snow at least.“ Kind of shocking thing to say but at this point he doesn't want to die but he feels it's necessary. He's being pushed into something he doesn't want to do but he has to do. The word adds tension and strength to the line. It's recognizable to the aduience as contemporary. It's what they would say or could say in a similar circumstance. It doesn't have anything to do with sex, by the way. It means a basic elemental force in the 87 Testimony ef Albert l. Gresham — Direct Examinat [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385003_0126%3A2. Public record. Not legal advice.