Appendix — Time, Inc. v. Pape

Supreme Court brief1971

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——~¥~¥“¥—§57* PE NTE LENA AAS LUE RON N PARAM AS CRS HEEM HONE oh

IN THE

Supreme Court of the Gnited States

Ocroser Term, 1969.

No. 1309

TIME, INCORPORATED,

Petitioner,

vs.

FRANK PAPE,

Respondent.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT

OF APPEALS FOR THE SEVENTH CIRCUIT.

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Relevant Docket Entries ................ ce eee eeeeee 1

Opinion Dated December 28, 1965 (Filed May 16,1966) 6

Motion Filed September 15, 1967 of Plaintiff for Leave

i REGRE CONNNNING p's ann da eszewnaxasacess —. B

Summary of Proof of Special Damages.............. 12

Amended Complaint Filed November 2, 1967......... 15

Answer to Amended Complaint Filed November 16,

SEN NG beac ua eks6Rbs da SnkdNS SAS eN ee hun cwee 23

Reply to Amended Answer Filed January 4, 1968.... 28

a Peeeverr eee errr rere ee terre 29

I ND MIEN vo g 500 G5 A Caden aes ane chasna cas 37 5

Transcript of Proceedings at Trial.................. 41 4

Motion Filed January 14, 1969 to Direct Jury to Re-

turn Verdict for Defendant....................... 402 d

Order Dated January 15, 1969 Denying Motion for

PE WHE ec hates ce ches pebuadeceweieclnec, 402

Order Dated January 21, 1969 Granting Defendant’s

Motion for Directed Verdict...................... 403 i

Memorandum and Order on Motion for Directed Ver- :

Wik sic onorckinceaivoletaterat oes ct 403 é

Notice of Appeal Filed February 14, 1969........... 411 3

WITNEsSEs.

Edward Cagney—

Direct Examination by Mr. Kaveny............. 42 :

Cross-Examination by Mr. Reuben.............. 45 ‘

Redirect Examination by Mr. Kaveny........... 46 ;

John Higgins— :

Direct Examination by Mr. Kaveny.............. 47 é

Cross-Examination by Mr, Renben.............. 59 :

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Anton J. Prunckle—

Direct Examination by Mr. Kaveny............. 58

Cross-Examination by Mr. Reuben.............. 62

Patrick D. Conway—

Direct Examination by Mr. Kaveny............. 63

Cross-Examination by Mr. Reuben.............. 65

Jerry J. Sullivan—

Direct Examination by Mr. Kaveny............, 65

Cross-Examination by Mr. Reuben............., 72

Frank A. McMahon—

Direct Examination by Mr. Kaveny............, 75

Cross-Examination by Mr. Reuben............., 80

Gerald T. Sullivan—

Direct Examination by Mr. Kaveny............, 83

Cross-Examination by Mr, Reuben.............. 90

Redirect Examination by Mr. Kaveny.......... 92, 93

Recross Examination by Mr. Reuben............ 92

Frank W. Pape—

Direct Examination by Mr. Kaveny........... 94, 244

Cross-Examination by Mr. Reuben........... 103, 270

Redirect Examination by Mr. Kaveny........... 168

Edward F. Magnuson—

Direct Examination by Mr. Kaveny.............. 171

Direct Examination by Mr. Reuben.............. 200

Cross-Examination by Mr. Kaveny.... ......... 206

Deposition of Karen Booth......................... 218

ExnHisits.

Defendant’s Exhibit A—Complaint Filed March 2,

SG EN Wh WI GA wkend cn gwsmedvennanes 292

Defendant’s Exhibit B—Verdict Filed December 4,

1962, Monroe v. Pape

*

ill

Defendant’s Exhibit C—Verdict Filed December 4,

1962, Monroe v. Pape.........scccsecsccccscscess 319

Defendant’s Exhibit D—Order Dated December 4,

ee TRRNOOG H, FAB. ves ck cei as tc iiieweccdes 321

Defendant’s Exhibit E—Excerpt from Report of U.S.

Commission on Civil Rights...................... 323

Defendant’s Exhibit F—Article in Time Newsmaga-

ih i Mi Mn tah icaudwa ws heaas Siw kieee 331

Defendant’s Exhibit G—Findings of U. S. Commission

on Civil Rights Press Release..................-. 335

Defendant’s Exhibit H—Article from New York

POM Ses BO, SRG bh bad vow Kddn wena eae 353

Defendant’s Exhibit I—Article from New York Post,

Monday, Febraary 37, IBGE... ccc ccecansaens 356

Defendant’s Exhibit J—Report from One Doust of

Time Chicago Bureau to Time New York Bureau... 359

Defendant’s Exhibit K—Report from Time Washing-

ton Bureau Entitled ‘‘Supreme Court’”’............ 363

Defendant’s Exhibit L—Proposed Article by Time Chi-

cago Bureau Entitled ‘‘Terror on Trumbull Street’? 369

Defendant’s Exhibit M—Proposed Article Time Wash-

ington Bureau Entitled ‘‘Supreme Court—Another

EEE” bi'vesehecdua i ebaekeaaGaee bees 371

Defendant’s Exhibit N—Report Entitled ‘Chicago

Cop’ from Chicago Time Bureau................. 372

Defendant’s Exhibit O—Article Dated December 21,

1947 Entitled ‘*This Dead-Eye Dick Poisoned Two

NE” es th0R SKE Riashews ce ieaeedeeteenennaas 375

Defendant’s Exhibit P—Newspaper Article from New

York Times Entitled ‘‘High Court Backs Suing of

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Defendant’s Exhibit Q—Newspaper Article Chicago

American Entitled ‘‘ Deliberations Resumed in Cop’s

ole rrr ce css Rae Re Oe Ae Ae Okara Rakiceee 317

Defendant’s Exhibit R—Newspaper Article Chicago

Tribune Entitled ‘‘Order Pape, Four Others to Pay

CE cc hdpke dear acucccuteasdenschasesecs) 378

Defendant’s Exhibit S—Newspaper Article Entitled

‘City Studies Appeal in Cop—Rights Case’’...... 379

Defendant’s Exhibit T—Newspaper Article Entitled

‘‘Upholds Verdict on Five Cops’’................, 380

Plaintiff’s Exhibit 2— Amended Complaint Filed

March 6, 1969, Monroe v. Pape.................0.. 381

Plaintiff’s Exhibit 3—Second Amended Complaint

Filed March 6, 1969, Monroe v. Pape.............. 391

Plaintiff’s Exhibit 1—Police Record of James Monroe

Dated September 1, 1960......... bbs hee wekeceeeee 401

12/26/61

6/ 7/61

11/21/63

1/ 8/64

3/20/64

7/30/64

12/28, 64

12/30/64

APPENDIX.

RELEVANT DOCKET ENTRIES.

Filed complaint and copy (JS 5)

Filed Notice and Motion to strike and dismiss

and exhibits (2,1) E

Filed Notice of Appeal of Plaintiff

Filed Mandate of U.S. C. A., 7th Circuit. Judg-

ment of D. C. entered 5/14/62 reversed with

costs & cause is hereby remanded to D.C. mm

Filed defendant’s notice & motion for summary

judgment and affidavit & exhibits. mm

Filed defendant’s notice and answer and Ex-

hibit ‘‘A”’ mm

Ordered by agreement time for filing of deft’s

brief in support of mo for summary judg ex-

tended to and including Aug. 18, 1964, and leave

granted to enter appearance of Lawrence Gun-

nels as additional attorney for deft Time, Ine.

Austin, J.

The Court rules orally from bench, denying

pltff’s motion to strike motion of deft for sum-

mary judgment and granting motion of deft

for summary judgment, with deft to present

order consistent with said ruling within 2 days

hereof—Robson, J.

Enter order granting deft’s motion for sum-

mary judgment and denying pltff’s motion to

strike said motion, and deft’s motion for sum-

mary judgment is hereby granted and entered

come |

1/27/65

4/ 2/65

5/16/66

11l/ 9/66

2/ 1/67

3/ 9/67

3/27/67

4/17/67

4/17 67

6/15/67

2

for the deft with pltff to take nothing and canse

hereby dismissed on the merits, with prejudice—

Robson, J.

Filed plaintiff’s notice of appeal

Yertified and transmitted record on appeal to

U. S. C. A., 7th Cireuit (Deposition under sep,

cert.)

Filed Mandate U. S. C. A. Judgment of the

U. S. D. C. is Reversed and cause is Remanded,

JS

Order leave defendant to file amended answer,

Plaintiff to reply within 30 days.—Will, J.

Filed deposition of Karen Booth and exhibits

thereto.

Filed deposition of Richard Wolfe. G

Filed Amendment to plaintiff’s answer to in-

terrogatories,

Enter Order sustaining objections to requests

21-25, 29, 30, 40-41, overruling objections to re-

quests 5-10, 13, 16-1, 17-20, 26, 27 and 28. Order

plaintiff to answer said requests within 10 days

hereof.

Enter Order closing discovery except as to char-

acter witnesses and order cause added to final

pre trial conference calendar.

Filed depositions of Robert E. Gibbons, William

McGurn, John Higgins, Royal Besserer, Nisida

Besserer, Eula McGurn, six (6) volumes.

6/15/67

6 21/67

6/21/67

7/27/67

10/28 67

lly 2/67

ll/ 2 67

11/16, 67

12/14 67

3

Filed depositions of Judith P. Clark, Mary

Kelly, Timothy J. Moore, John Dennis Mark,

Dr. Michael Cantalupo, Michael Kelly, Maurice

J. McCarthy, Jr., Gerald F. Pape, Catherine

M. Pape, Champ Clark, Edward F. Magnuson,

eleven (11) volumes.

Filed plaintiff’s reply.

Pre trial conference held. Order parties to sub-

mit final pretrial order and simultaneous memo-

randums on legal issues on July 31, 1967 at

10 a.m. Order leave to file instanter plaintiff’s

reply to the amended answer. Will, J.

Filed Depositions of Samuel W. Nolan, Richard

C. Clark and Frank J. Hanley.

Filed plaintiffs motion to file amended Com-

plaint and Summary of Proof of Special Dam-

ages.

Filed Amended Complaint.

Enter Order granting leave to plaintiff to file

Amended Complaint including allegations of

special damages and punitive damages and said

Amended Complaint filed instanter with leave to

defendant to answer or otherwise plead within

ten days hereof.

Filed Defendant’s Answer to Amended Com-

plaint. EOB

Court rules orally from bench. Order objec-

tions of defendant to Plaintiffs answers to in-

terrogatories hereby overruled. Order cause to

proceed to trial first on the issue of malice.

Order cause continued to January 23, 1968 for

report on status of discovery. Robson, J.

1/13/69

1/14 69

1/14/69

1/15/69

ae NRIEERP UE Ae AF ES

4

Filed plaintiff’s reply to Amended Answer,

Pre-triol conference held. Order cause set for

June 7, 1968 at 10 a.m. for ruling on legal issues

ana to set for trial—Robson, J.

Mailed Notices 5/13/68

Enter order overruling plaintiffs objections to

‘*morgue’’ exhibits. Order cause added to head

of trial list to be called on September 10, 1968

and parties to present stipulation facts and

suggested pretrial order by June 24, 1968,

Robson, J.

Cause called for trial—Jury selected and swom:

Donald M. Komers, Richard H. Hunt, James B.

Collins, Dorothy L. Doran, Fred Dede, Estele

Piehler, Joan B. Colky, Frank Zirzow, Judy

Chrisman, Edward D. Singleton, Michael §.

Pennington, and Michael J. Mousel, Jr., Open-

ing statements made. Evidence heard in part

for plaintiff. Order Jury to separate and cause

adjourned until January 14, 1969— Robson, J.

Filed Motion of defendant for directed verdict

at close of plaintiff’s case.

Farther evidence heard for plaintiff—plaintif

rests—At close of Plaintiff’s case defendant

moves that Court direct jury to return a verdict

for the defendant. Arguments heard and con-

cluded on said motion and order cause set for

ruling on said motion on January 15, 1969.

Order motion of defendant made at close of

plaintiff’s case for directed verdict in its favor

hereby denied. Evidence heard for defendant.

Defendant rests. Rebuttal evidence heard for

5

plaintiff. Plaintiff rests. Both sides rest. At

close of all evidence defendant renews motion

for directed verdict in its favor. Arguments

heard and concluded on said motion and order

said motion entered and continued to January

16, 1969 for ruling. Order jury to separate and

eause adjourned until January 16, 1969—

Robson, J.

Pursuant to memorandum filed herewith order

defendant’s motion for a directed verdict at the

close of all evidence hereby granted with judg-

ment hereby rendered for the defendant on the

issue of liability and cause hereby dismissed

without costs—Draft—Robson, J.

214.69 Filed Plaintiff's notice of appeal.

21469 Filed Bond on appeal.

3/669 Cierk’s file copy of transeript of proceedings

had before the Hon. Edwin A. Robson, Judge

on January 13, 14, 15 and 16, 1969, filed by the

Official Court Reporter—5 volumes. B

Filed Plaintiff's Exhibits 1, 2, 3 and Defend-

ant’s Exhibits A thru T inelusive. B

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In THE Unitep States Court or Appgats

For the Seventh Circuit.

No. 15101 September Term and Session 1965,

FRANK Paps,

—

Appeal from the

Plaintiff-A ppellant, United States Dis.

- | trict Court for the

, Northern District

Time, INcoRPORATED, of Illinois, East-

Defendant-A ppellee.? — ern Division.

December 28, 1965.

(Filed May 16, 1966)

Before Durry and Swycert, Circuit Judges, and Gruss,

Senior District Judge.

Durry, Circuit Judge. Plaintiff Pape brought this suit

seeking damages for libel. Jurisdiction was based upon

diversity of citizenship. The complaint alleged the defend-

ant, Time, Incorporated, publisher of the national weekly

news magazine ‘‘Time’’, had defamed plaintiff in its No-

vember 24, 1961 issue. The allegedly libelous story re-

ported the issuance and summarized the contents of the

United States Civil Rights Commission’s 1961 annual re-

port. This Report entitled ‘‘Justice’’ is in book form.

Chapter 2 is devoted largely to a description of alleged

police brutality to Negroes.

The Time article entitled ‘‘Civil Rights—Dawdling on

the Corner’’, was based largely on Chapter 2 of the Com-

mission’s Report entitled ‘‘Patterns of Police Brutality.”

Time reported an incident which it claimed had occurred

in Chicago involving brutality by Pape and other police

-_ SN SRR RT ENE TS - es —

7

oficers while arresting members of a Negro family named

Monroe.

In the District Court, defendant moved to dismiss—in

effect, urging the complaint failed to state a claim upon

yhich relief could be granted. The District Court granted

the mot‘on. On appeal, this Court reversed. Pape v. Time,

Incorporated, 318 I’. 2d 652. We stated that the subordi-

yate, vital question was whether Tiine’s story of the Com-

nission’s Report of the Pape incident was fair comment.

In our opinion, we pointed out that the question then

hefore us Was not what the Commission’s Report had said

about Pape, but rather, what Time’s article had said about

the Report. We then noted that Time’s article told the :

reader that the Report stated that Pape and others had

actually committed certain acts. In fact, the Report had

merely said that these acts were allegations in Monroe’s

complaint.

We stated ‘‘Under Illinois law, governing here, Time

can be liable if it goes beyond that limit [fair comment]

and states as a fact that which is not true... .’’

We then said ‘‘We conclude that Time took the risk, ’

when it reworded parts of the Commission Report, that :

it might go too far... . J A jury could find that Time went :

beyond the limit of fairness here and in doing so was not

protected by its privilege of fair comment, and that in

making its article more interesting and readable for its

audience, it departed from fidelity to the Commission re- '

port.’?

We decided that the complaint stated a claim upon which

relief could be granted, and we reversed and remanded for

further proceedings.

Subsequent to remand, the Supreme Court of the United

States decided New York Times Co. v. Sullivan, 376 U. S.

24. Thereafter, defendant took Pape’s pretrial deposition.

Pape testified he had been in the Chicago police department

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since 1933 and was presently a captain of police, Hp

admitted that he and police officers under his command had

gone to the Monroe house on the evening in question, At

that time, he was deputy chief of detectives for Chicago,

He had been appointed to that position by the Comnis.

sioner of Police. His permanent rank at that time was

lieutenant of police.

In New York Times, the Supreme Court stated (376

U. S. p. 283) ‘*We hold today that the Constitution de.

limits a State’s power to award damages for libel in actions

brought by public officials against crities of their official

conduct. Since this is such an action,” the rule requiring

proof of actual malice is applicable.”’

Footnote 23 referred to, stated in part—‘We have no

oceasion here to determine how far down into the lower

ranks of government employees the ‘public official’ desig.

nation would extend for purposes of this rule, or other-

wise to specify categories of persons who would or would

not be included. ...’’ It is enough for the present case

that respondent’s position as an elected city commissioner

clearly made him a public official. . . .”’

Plaintiff urges that the Supreme Court thus confined

its holding in New York Times to an ‘‘elected’’ public off-

cial. Also, that plaintiff was not a ‘public official’’ with-

in the meaning of that case because he had neither been

elected to his office, nor appointed nor confirmed in his

appointment by an elective body.

We do not read New York Times vy. Sullivan as being

limited to an elected public official. The Supreme Court

based its decision, at least in part, upon certain precedents

involving appointed officials. In one of the cited cases,

the libel plaintiff was a Deputy Superintendent of Police

for the city of Detroit. Lawrence v. Fox, 357 Mich. 134,

97 N. W. 2d 719. In another of the cited cases, the plain-

Pr AR tap we wig = — — _

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iff was the Chief of Police of Los Angeles—Snively v. :

record Publishing Company, 185 Cal. 565, 198 P. 1. :

Subsequent decisions to New York Times clearly indi- 3

cate the courts do not understand the rule announced in §

that case to be confined to elected public officials. In

Henry v. Collins, 380 U. S. 356 (1965), the Supreme Court :

applied the New York Times doctrine to the Chief of j

Police of Clarksdale, Mississippi. The Chief was an ap- :

pointed officer.

In Tucker v. Kilgore, 388 S. W. 2d 112 (Ky. 1965), the k

(ourt applied the New York Times doctrine to an ordi-

nary police patrolman in the city of Louisville, Kentucky.

See also State v. Browne, 206 A. 2d 591 (N. J. 1965) and

Matassa v. Bel, 164 So. 2d 332 (La. 1964).

We hold that on the date Pape arrested James Monroe,

vhen Pape held the position of deputy chief of detectiv:«

and lieutenant of police, he was a public official as t*«

designation was used in New York Times v. Sullivan.

We turn, therefore, to consider whether the existence

of “actual malice’? by Time, Incorporated presented a

jury question. The Supreme Court in New York Times

y. Sullivan, stated at 376 U. S. 279-280: ‘‘The constitutional

guarantees require, we think, a federal rule that prohibits

a public official from recovering damages for a defamatory

falsehood relating to his official conduct unless he proves

that the statement was made with ‘actual malice’—that is,

vith knowledge that it was false or with reckless disregard

if whether it was false or not... .’’

The record before us shows that Time, Incorporated

vas, at least, negligent in printing as established facts,

matters and events which the Commission’s Report stated &

vere mere allegations in a complaint. But, negligence is R

not enough. :

In New York Times, the newspaper admitted it had had e

evidence in its own files affirmatively showing the falseness

>. LEELA ETRE PTY CTE PY UR te |

10

of numerous statements in the publication . . . 376 U,s

at pages 287-288; also, that the Times had accepted ang

published the advertisement without in any way checking

its accuracy against outside sources or material in its files,

376 U. S. 287.

The Supreme Court further said—376 U. S. at pages

287-288—‘‘ We think the evidence against the Times sup-

ports at most a finding of negligence in failing to discover

the misstatements, and is constitutionally insufficient to

show the recklessness that is required for a finding of

actual malice.’’

In Garrison v. Louisiana, 376 U. 8. 64, the Supreme

Court applied the New York Times rule to criminal libel,

holding that actual malice must be proved to convict an

individual for libeling a public officer. The Court there

defined malice as ‘‘only those false statements made with

the high degree of awareness of their probable falsity,

..? 379 U.S. 74.

The burden of proving actual malice is upon Pape. He

admitted in his pretrial deposition that he did not know

anyone at Time, and, in fact, he does not claim the article

was published with any deliberate attempt to harm hin.

He argues, however, that this question is already settled

by reason of our decision in Pape v. Time, Incorporated

(1962), 318 F. 2d 652.

Our previous decision was made prior to New York

Times v. Sullivan. There, the District Court had dis-

missed the complaint on the defendant’s motion so that

all the well-pleaded facts stood admitted before us. We

applied Illinois law.

We must now determine whether there is sufficient show-

ing in the record before us that Time’s statements were

knowingly false or made with reckless disregard as to

whether or net such statements were false.

11

As stated in our previous decision—‘‘. . . Time took

the risk when it rewarded parts of the Commission’s Re- :

port that it might go too far... .’’ We noted that Time :

had departed from fidelity to the Commission’s Report

in order to make the article more interesting and read-

able for its audience. Time’s writers who prepared the

article must have known the statements as to Pape’s con-

duet were only allegations in a complaint in a civil suit.

4s we put it (318 F. 2d at page 655)—‘‘It is our opinion

that a jury could read the Time article as stating that the

Report said Pape and his follow [sic] officers did what the

(ommission Report merely said the Monroe complaint

alleged they did.”’

We hold that a sufficient showing has been made so that

a jury could find Time, Incorporated acted with reckless

disregard as to whether or not the reworded statements,

hereinbefore described, were true or false. Therefore,

it was error for the District Court to grant defendant’s

motion for a summary judgment.

The judgment of the District Court is reversed and F

remanded for further proceedings.

REVERSED AND REMANDED

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In tHE Unirep States District Court,

ad ” (Caption—No. 61 C 2202) . 8

MOTION.

(Filed—Sept. 15, 1967)

Now comes Frank Pape by John M. Kaveny, his attorney,

and asks the Court for leave to amend his Complaint

filed herein by amending the prayer for damages to read as

follows:

Wherefore, plaintiff demands judgment against defend.

ant for the sum of One Hundred Thousand Dollars

($100,000.00) actual damages, and the further and addi-

tional sum of Two Hundred Fifty Thousand Dollars

($250,000.00) exemplary damages, and for his costs;

A copy of which Amended Complaint is attached hereto,

Frank Pape,

By: /s/ Joun M. Kaveny,

John M. Kaveny,

Tis Attorney,

In tHe Unitep States District Covrr.

* * (Caption—No. 61 C 2202) * *

SUMMARY OF PROOF OF SPECIAL DAMAGES.

1. During the period from 1940 to 1950 when the plain-

tiff was a Sergeant of Police assigned to the Robbery

Detail, he and his squad of two men were responsible for

the arrest and conviction of one hundred forty-three per-

sons, all of which were sentenced to the Illinois State

Penitentiary for various terms. The arrest of the fore-

going persons solved eight hundred fifteen crimes com-

PST ONE iceR ER atecsreN EK Mtr TareN rin Nee eT HARMS MALO TE, OSG

— Sree PALE ARES a MP CONT RT:

13

mitted in the Chicago Metropolitan area, including ten

murders, two assaults with intent to kill, seven hundred

ninety-three robberies, eight burglaries and two larcenies.

The foregoing record does not include arrests by plaintiff

and his squad for lesser crimes for which conviction the

parties were sentenced to the County Jail, House of Cor-

rection and juvenile correctional institutions or placed on

probation.

2, During the period from 1940 to 1950 the plaintiff

and his squad killed six men while attempting to effect

their arrest and wounded six other men while attempting

to effect their arrest.

3. During the period from 1940 to 1960 the plaintiff has

been cited for outstanding performances by the following:

Chicago Daily Tribune, Chicago Herald-American, Chicago

Sun-Times, Coronet Magazine, American Weekly Maga-

zine, Police Digest, Illinois Policeman, the Coroner of

(ook County on four occasions, the Chicago Crime Com-

mission on four occasions, the Civil Service Board on two

oceasions, the Police Merit Board and, in addition, plain-

tiff has received eighteen creditable mentions and nine

extra compensations for his work as a policeman during

said period of time.

4. During plaintiff’s tenure as head of the Robbery

Detail from March 1953 through 1957, the Detail arrested

and obtained the conviction of seven hundred twenty-four

persons who were sentenced to the Illinois State Peniten-

tiary. While Captain Pape was Commanding Officer of the

Engelwood Police District, he was credited with con-

siderably reducing both crime and racial tension in the

district. Because of his success in that district he was

transferred to the Central Police District which encom-

passes the downtown section of the city and is considered

one of the most important assignments in the Chicago

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14

Police Department because of the many banks, stores and

hotels and dignitaries in the area.

5. After his transfer from the Englewood District, civic

and business leaders of the Englewood District selected

a committee to personally call upon the then Commissioner

of Police, Timothy O’Connor, to return Captain Pape to

the Engelwood District. Later, the present Superintendent

of Police, Orlando W. Wilson, was approached by civic

and business leaders of the Engelwood District to request

the return of Captain Pape to the Engelwood District,

Plaintiff as a police officer has more creditable mentions

and citations to his credit than any other active member of

the Chicago Police Department as of this date,

6. Plaintiff returned to the Chicago Police Department

in May, 1965 and was assigned Commander of Traffic

Area 5,

7. Prior to his leave of absence, plaintiff had never

been assigned, trained for or involved with traffic work,

There are approximately sixty-six salaried positions in the

Chicago Police Department which earn more than plain-

tiff’s present salary of $12,780.00 which is the salary estab.

lished by the Civil Service for police captains. Among the

sixty-six positions are two formerly held by plaintiff;

namely, District Commander, which position pays $16,572.00

annually, and Deputy Chief, which position pays $19,152.00

annually.

8. On April 24, 1965, there was published in the New

Crusade, a newspaper of general circulation in Chicago,

an article about plaintiff, which held him up to ridicule

and scorn, wherein the complained of article of defendant

was quoted verbatim.

9. On May 1, 1965 there was a demonstration by pickets

in front of Chicago Police Headquarters, 1121 South State

Street, protesting the reinstatement of plaintiff as a police-

man; at said demonstration handbills were passed out

which held plaintiff up to ridicule.

aa

In roe Unirep Srates Distrricr Court.

* * (Caption—No. 61 C 2202) * *

15

AMENDED COMPLAINT.

(Filed Nov. 2, 1967)

Plaintiff, Frank Pape, complaining of Time, Incorpo-

rated, defendant, alleges:

1. Defendant is a corporation organized under the laws

of the State of New York and has its principal place of

business in the City of New York in that state.

9», At the time of the commission by defendant of the

grievances hereinafter complained of, and for a long time

prior thereto, plaintiff, Frank Pape, was a resident of the

State of Illinois, having his home and residence in Chicago,

Illinois, was employed as Director Security for Chicago

Thoroughbred Enterprises, Incorporated, which operates

Arlington Park, Washington Park and Balmoral Jockey

(Jubs in the metropolitan area of the City of Chicago, Tlli-

nois, and was on leave from the position of captain of

police of the Police Department of the City of Chicago.

At aforesaid time, plaintiff was a person of good name,

fame and repute, was deservedly held in high esteem by and

among his acquaintances and the general public, and de-

servedly enjoyed the esteem of persons engaged in the

profession of police work throughout the United States.

The amount in controversy in this case exceeds the sum

of $10,000.00, exclusive of interest and costs.

3. Defendant is the owner and publisher of a certain

weekly news magazine known as Time.

4. On or about November 24, 1961, defendant mali-

ciously and wrongfully caused to be published and circu-

lated as hereinafter alleged, the following article contain-

ing false and defamatory matter concerning plaintiff:

:

ARETE |

PO ae

ee

PES a ee eee

Tg SP PEE et

SUR RET AO MER TP NS BLES VIG SIO OE LG LS TOP 9 RS

heey

Rage Vey

16

Civic. Ricuts

‘*Dawdling on the Corner

The new paperback book has 307 pages and the

simple title Justice. It is the last of five volumes in

the second report of the U. S. Commission on Civil

Rights, first created by Congress in 1957. Justice

carries a chilling text about police brutality in both the

South and the North—and it stands as a grave indict.

ment, since its facts were carefully investigated by

field agents and it was signed by all six of the noted

educators who comprise the commission.*

*Members of the scholarly panel: Chairman Dr,

John A. Hannah, president of Michigan State Uni-

versity; Dr. Robert S. Rankin, chairman of Duke

University’s political science department; Robert @,

Storey, former dean of the Southern Methodist Uni-

versity Law School; Spottswood W. Robinson 3rd,

dean of Howard University Law School; Erwin NX,

iriswold, Dean of Harvard Law School; the Rev,

Theodore M. Hesburgh, president of Notre Dame

University ...

* * * * .

Shifting to the North, the report cites Chicago police

treatment of Negro James Monroe and his family, who

were awakened in their West Side apartment at 5:45

a.m. by 13 officers, ostensibly investigating a murder,

The police, says Justice ‘broke through two doors,

woke the Monroe couple with flashlights, and forced

them at gun point to leave their bed and stand naked

in the center of the living room. The officers roused

the six Monroe children and herded them into the liv-

ing room. Detective Frank Pape struck Mr. Monroe

several times with his flashlight, calling him ‘nigger’

and ‘black boy’. Another officer pushed Mrs. Monroe.

Other officers hit and kicked several of the children

and pushed them to the floor. The police ransacked

every room, throwing clothing from closets to the floor,

dumping drawers, ripping mattress covers.’ The

officers were not punished, although Monroe has ear-

ried a suit to the Supreme Court, is still seeking a

civil judgment.’’

17

5. For a long time prior to November 24, 1961, plain-

tiff occupied the position of Deputy Chief of Detectives

of the Chicago Police Department. Plaintiff’s said posi-

tion with the Chicago Police Department was known to the

general public in the City of Chicago, County of Cook, and

State of Illinois. The reference to Detective Frank Pape

in aforesaid article in Time was understood by persons

reading the article to mean plaintiff. Persons reading the

artide understood it to mean plaintiff was acting as Deputy

Chief of Detectives ; further that the other officers referred

to in said article were his subordinates, under his direction

and control, and that the acts alleged in the article to have

been committed by them were committed under the diree-

tion and with the approval of plaintiff.

6. Time is a magazine of general circulation distributed

and circulated throughout the United States generally, and

throughout the free world. Said magazine is circulated

and distributed through the State of Illinois and particu-

larly in the City of Chicago and County of Cook in that

state. All editions of Time in which the foregoing article

appeared were published, circulated and distributed over

said area. The actual number of copies of the November

24, 1961 edition of Time and the places of distribution are

facts peculiarly within the knowledge and possession of

the defendant and are net known exactly to the plaintiff.

7. On or about November 24, 1961, said magazine, pub-

lished by defendant at Chicago, Illinois, had a weekly

cireulation of approximately 53,000 in the City of Chicago;

aweekly circulation of approximately 92,000 in the County

of Cook; and a weekly circulation of approximately 155,000

in the State of Illinois. Its weekly circulation throughout

the United States on November 24, 1961 was approxi-

mately 2,700,000, and its circulation for the same week,

throughout the world, was approximately 2,750,000. Its

editorials and news items are extensively copied and com-

mented on by all the leading newspapers, presses, radio

a ee tee

Pee Prere

(ts hae

PERE LLL EO LLL OR BERN SB

CLONES OR Ee

ERENT NOTRE DS Ge TEIN EEE NTI ENS SIRS Th 9 EIAIS

and television stations, and other media of communication

in the State of Illinois and elsewhere throughout the

United States.

8. The foregoing article was wholly false and libel, per

se. In the writing and publication of the foregoing article,

defendant meant and was reasonably understood by the

reading public as meaning that plaintiff acted in complete

disregard of the rights and privileges of James Monroe

and his family, in complete violation of any legal process,

9. In the writing and publication of the foregoing

article, defendant meant and was reasonably understood

-y the reading public as meaning that plaintiff committed

a crime in that he violated the rights and privileges re.

served to James Monroe and his family by the laws of the

United States and the State of Illinois, and assaulted

James Monroe and members of his family, contrary to the

laws of the United States and the State of Illinois,

10. At the time of publication of the foregoing article,

the defendant knew, or with the exercise of reasonable

care, would have known that the statements concerning

plaintiff were false, but defendant failed to exercise rea-

sonable care to ascertain the truth or falsity of such state-

ments by making inquiry of plaintiff or otherwise. In the

publication of said article, defendant showed actual malice,

spite and ill will toward plaintiff.

11. Had defendant exercised reasonable care to ascer-

tain the truth or falsity of such statements by making

inquiry of plaintiff or otherwise, it would have ascertained

the following facts:

a) That in addition to plaintiff and the patrolman

assigned to him as a driver, on October 29, 1958, there

were six detectives not twelve as alleged in the article.

b) That on the night of October 29, 1958, plaintiff took

over command of the six detectives only because no ser-

geant was available. Prior to October 29, 1958 plaintiff

had never heard of James Monroe and learned of his pre-

SO Os Dee MEP ee

19

vious record that night. Plaintiff has not seen James Mon-

roe since he placed him in the custody of detectives im-

mediately after his arrest.

¢) That the reason for investigating James Monroe was

pecause he had been identified from a photograph on file

with the Chicago Police Department by Mrs. Peter Saisi,

as one of two men who had shot and killed her husband on

(Qectober 27, 1958 during the commission of a robbery.

d) That James Monroe had a police record dating back

to March 25, 1944. On March 25, 1944 he was sentenced

to one year at the National Training School for Boys at

Washington, D. C. after conviction of theft from the

United States mail at Chicago, Illinois. On March 2, 1945

he was sentenced to the Illinois Training School for Boys

until he was twenty-one years of age. On March 3, 1947 he

was sentenced to the Tlinois State Penitentiary at Jolict,

Illinois after conviction of armed robbery. On April 20,

1951 and March 11, 1955 he was arrested by police on

suspicion of robbery but released for lack of evidence.

e) That of the six children living with James Monroe

on October 29, 1958, four of them, namely Houston

Stevens, Robert Stevens, Lawrence Stevens and Jacqueline

Stevens were known to the police to have records of law

violations as juvenile offenders which included larceny,

strong arm robbery, assault, disorderly conduct and mali-

cious mischief.

f) That the investigation at James Monroe’s house,

1424 South Trumbull, Chicago, Illinois was conducted at

6:00 o’clock in the morning. Three of the officers were

stationed outside the house, five officers, including plaintiff,

entered the house.

g) That plaintiff was admitted to the house by a young

man of about 14 years of age, and did not, as alleged in the

foregoing article, break through two doors.

h) That at the time the police entered, James Monroe

was in bed but was clothed. He was ordered to get out of

Ne Re Ia ENS Oe SR og

20

bed and was immediately given dungarees, shoes and stock.

ings, which he put on.

i) That Mrs. Monroe remained in the bedroom covered

with bed clothing until the officers took James Monroe into

the living room and then in private put on a robe.

j) That the apartment closets were searched for a num.

ber of white shirts taken in the robbery and murder of

Peter Saisi. The house was not ransacked as alleged jp

said article, on the contrary, the officers remained at the

apartment for a period of only 15 to 20 minutes.

k) That three of the older children remained in the

back of the apartment while the police officers were there,

and at no time came into the room where the plaintiff and

the other officers were. A two-year-old child of James

Monroe, asleep in the living room where the incidents set

forth in the Time article allegedly took place, never woke

up during all the time plaintiff and the other officers were

in the apartment.

1) That at no time were James Monroe or his wife

compelled to stand against a wall nude, and at no time was

any member of the James Monroe family threatened or

abused by plaintiff or his subordinates. That James Mon-

roe, prior to his arrest, had been drinking heavily; there

were two empty quart beer bottles and two glasses along

side James Monroe’s bed; one of the glasses had been

overturned and the contents spilled on the floor. There

were three empty beer bottles on the side in the kitchen

and there was a heavy odor of alcohol on James Monroe's

breath. During all the time plaintiff was in the apartment,

James Monroe and his children called plaintiff and the

other officers vile and insulting names.

m) That James Monroe made no complaint about mis-

treatment by plaintiff and the men under his command for

several months, and that Flossie Monroe, his wife, did not

file a personal injury accident report for the alleged assault

by plaintiff until August, 1959, some fourteen months later.

21

12. In the Time article aforesaid, defendant states:

“Justice carries a chilling text about police brutality

in both the South and North—and it stands as a grave

indictment, since its facts were carefully investigated

by field agents and it was signed by all six of the

noted educators who comprise the commission.’’

Defendant thereby vouched for the truthfulness of the

facts set forth in the article. By reason thereof, defendant

showed actual malice, spite and ill will toward plaintiff.

13. The facts stated in said article concerning plaintiff

and his subordinates are wholly false and are libelous per

se, Defendant thereby transcended the scope and province

of fair comment and criticism. The foregoing article

charges plaintiff with commissions of a criminal offense

and is otherwise asperse of his character which injured his

reputation as a police officer and as a member of society.

14. Prior to the publication of the foregoing article in

defendant’s magazine, plaintiff held positions of command

responsibility within the Chicago Police Department. In

addition to the position of Deputy Chief of Detectives,

plaintiff also held at various times positions of Commander

of the Engelwood District and Commander of the Central

District of the Chicago Police Department, all of which

positions imposed upon plaintiff responsibilities in addi-

tion to those normally imposed upon captains of police,

and in consideration of such responsibilities, provided

plaintiff with salary compensation greatly in excess of that

provided by the Civil Service Commission of the City of

Chicago for the rank of Captain in the Chicago Police

Department.

15. Immediately prior to the publication of defendant’s

article, plaintiff took a leave of absence from the Chicago

Police Department as set forth above.

16. Subsequent to the publication of defendant’s article,

plaintiff returned to the Chicago Police Department. At the

bit dla

EIT Re ITO TT IE ne

|

|

a es

Ss J

Pea ay

22

time of his return and as a direct and proximate result of

defendant’s complained of article, there was a demonstra.

tion by persons at the headquarters of the Chicago Police

Department, which had for its purpose heaping scorn and

ridicule upon the plaintiff.

17. Moreover, as a direct and proximate result of

defendant’s complained of article, plaintiff has been

assigned to a post in the Chicago Police Department far

below the status and rank which he enjoyed at the time of

his leave of absence. Plaintiff is now assigned as Com.

mander of a traffic area from which he derives a salary of

approximately $12,500.00, which is the salary provided for

captains by the Civil Service Commission of the City of

Chicago. There are approximately sixty positions in the

Chicago Police Department which pay a higher rate of

return than that now earned by the plaintiff. Among those

positions are Deputy Chief of Detectives and District Com-

mander, both of which positions plaintiff formerly held.

Solely by reason of defendant’s article, plaintiff has been

barred from those positions which he formerly held or

positions of commensurate reward and responsibility which

would have normally been given to him.

18. Subsequent to the publication of the foregoing

article in defendant’s magazine, plaintiff had been asked

by numerous persons whether the facts therein set forth

are true. As a direct result of the article, plaintiff has been

shunned by his former friends, his reputation and charac-

ter have been questioned, injured and exposed to public

hatred, contempt and ridicule, and his honesty, integrity

and reputation have been injured.

19. The statements in said article concerning plaintiff

were and are wholly false, and by reason of the publication

thereof, plaintiff has been defamed and has suffered and

will suffer loss of income by reason of being barred from

a a Sl ee a ee p

23

positions of employment within his chosen profession.

\oreover, plaintiff has suffered great anguish, public

hatred, contempt, ridicule and disrepute among his fellow

employees, acquaintances and the general public, and his

integrity, virtue and reputation have been impeached and

questioned, all to his damage in the sum of One Hundred

Thousand Dollars ($100,000.00).

20. By reason of the foregoing, defendant ought to be

compelled to pay Two Hundred Fifty Thousand Dollars

($250,000.00) as punitive damages.

Wherefore, plaintiff demands judgment against defend-

ant for the sum of One Hundred Thousand Dollars

($100,000.00) actual damages, and the further and addition

sum of Two Hundred Fifty Thousand Dollars ($250,000.00)

exemplary damages, and for his costs.

In tHE Unitep States District Court.

* * (Caption—No. 61 C 2202) * *

ANSWER TO AMENDED COMPLAINT.

(Filed Nov. 16, 1967)

Now comes the defendant, Time, Incorporated, by its

attorneys and in answer to plaintiff’s amended complaint

in the above-captioned cause:

1, (Alleges defendant’s New York citizenship.) Defend-

ant admits the allegations of Paragraph 1.

2. (Alleges plaintiff’s Illinois citizenship, employment

at Chicago Metropolitan Racetracks and Chicago Police

Department and plaintiff’s reputation; alleges that the

amount in controversy exceeds $10,000.00.) Defendant

admits the allegations of plaintiff’s Illinois citizenship

and racetrack employment but is without knowledge or

AES AEP LE EERSTE ES Ses

24

information sufficient to form a belief as to the truth of

the remaining allegations of Paragraph 2 of the complaint,

3. (Alleges defendant’s ownership of Time Magazine.)

Defendant admits the allegations of Paragraph 3 of the

complaint.

4. (Alleges malicious and wrongful publication of a

news article on November 24, 1961.) Defendant admits

the allegation of Paragraph 4 that defendant publisheq

a news article containing the language set forth in the

quotation in said Paragraph 4; defendant denies that

the language set forth in Paragraph 4 is the complete

text of the said news article; defendant denies that the

said news article was published maliciously or wrongfully

and further denies that the said news article contains any

false or defamatory matter.

-

5. (Alleges the position of plaintiff as Deputy Chief

of Detectives of the Chicago Police Department, the general

publie’s knowledge of plaintiff’s position and that other

officers referred to in defendant’s article were plaintiff's

subordinates.) Defendant admits the allegations of Para-

graph 5 of the complaint that on November 24, 1961, the

plaintiff Pape held the position of Deputy Chief of Detee-

tives of the Chicago Police Department, and is without

knowledge or information sufficient to form a belief as to

the truth of the remaining allegations of Paragraph 5.

6. and 7. (Alleges Time Magazine’s nationwide distri-

bution and prominence and alleges circulation totals for

the areas of Chicago, Cook County, and Illinois.) Defend-

ant admits the allegations of Paragraphs 6 and 7 of the

complaint.

8. (Alleges that the article was false and libelous, and

that readers so interpreted it.) Defendant denies the al-

legations of Paragraph 8 of the complaint and alleges that

the article speaks for itself.

: EE OAR IR EET ETE NO REE bc ae Nah a ed 5 a

CREE TPAD GEE NACE IOMARIGMR IESE A. oe

_—~_— tiie ee a

9, (Alleges that defendant meant and readers under-

stood the article as meaning that plaintiff committed a

crime in assaulting the civil rights of James Monroe and

his family.) Defendant denies the allegation of Para-

graph 9 of the complaint and alleges that the article

speaks for itself.

10. (Alleges that defendant knew or should have known

that the statements concerning plaintiff were false and

that defendant failed to exercise reasonable care to ascer-

tain the truth or falsity of such statements; alleges actual

malice, spite and ill will.) Defendant denies the allega-

tions of Paragraph 10 of the complaint.

11. (Alleges that defendant could or should have as-

eertained certain facts prior to publication.) Defendant

denies the allegations of Paragraph 11 of the complaint.

12. (Alleges that defendant vouched for the truth of

the facts set forth in the article; realleges defendant’s

actual malice, spite and ill will towards plaintiff.) Defend-

ant admits that the aforesaid Time news article contains

the language set forth in Paragraph 12 of the complaint,

and denies all of the remaining allegations of Paragraph 12.

13. (Realleges that the news article is false and libelous

and alleges that the article transcends the scope of fair

comment and criticism.) Defendant denies the allegations

of Paragraph 13 of the complaint.

14. (Alleges plaintiff’s prior positions and duties with

the Chicago Police Department.) Defendant does not dis-

pute the allegations of Paragraph 14 of the complaint but

defendant denies that said allegations have any materiality

or relevancy to this case.

15. (Alleges plaintiff’s leave of absence from the Chi-

cago Police Department immediately prior to defendant’s

publication.) Defendant admits the allegation of Para-

graph 15 of the complaint.

OLD eye LER ONE LRT AEE RENTER en

26

16. (Alleges that plaintiff returned to the Police De.

partment and that there was a demonstration against him

at that time as a direct and proximate result of the news

article.) Defendant admits that plaintiff returned to the

Police Department but denies the remaining allegations of

Paragraph 16 of the complaint.

17. (Alleges that plaintiff was assigned to an inferior

position in the Chicago Police Department as the direct,

proximate and sole result of defendant’s news article.)

Defendant denies the allegations of Paragraph 17 of the

complaint.

18. (Alleges plaintiff’s general loss of reputation and

friends as a result of the Time article.) Defendant denies

the allegations of Paragraph 18 of the complaint.

19. (Alleges plaintiff’s loss of reputation and potential

opportunities due to defendant’s news article and alleges

damages in the sum of $100,000.00.) Defendant denies the

allegations of Paragraph 19 of the complaint.

20. (Alleges that defendant should suffer punitive dam-

ages of $250,000.00.) Defendant denies the allegation of

Paragraph 20 of the complaint.

First DEFENSE.

The plaintiff is entitled to no recovery because the de-

fendant’s news article is a protected exercise of the uncon-

ditional right to publish the truth as guaranteed by the

First and Fourteenth Amendments to the United States

Constitution and Article I, Section 4 of the Constitution

of the State of Illinois.

Seconp DEFEnsE.

The plaintiff is entitled to no recovery because the plain-

tiff, as Deputy Chief of Detectives of the Chicago Police

Department, was a public official and the defendant’s news

: POOL P RRS ONE aay NS ENGI HDR Re yer SEPT OF

Be DARE BOI Se Cee PT EAE SAR POR VITAE ELT TOINR RAINS WICH IE Re ONAL EY cc AM VG OEE Lp, wt

27

article was not published with actual malice; the said news

article is accordingly non-actionable under the First and

Fourteenth Amendments to the United States Constitu-

tin and Article J, Section 4 of the Constitution of the

State of Llinois.

Turrp DEFrENsE.

The plaintiff is entitled to no recovery because the de-

fendant’s news articles did not cause the plaintiff any

special damages; the plaintiff’s income and wealth in fact

greatly increased after publication of the said news article.

Fourtn DEFENSE.

The plaintiff is entitled to no recovery because the de-

fendant’s news article is a protected exercise of the right

to report the activities and utterances of governmental

officials and bodies.

FirtnH DEFrense.

The plaintiff is entitled to no recovery because the de-

fendant’s news article is a protected exercise of the right

to comment upon matters of public interest and concern.

Srxtu DeErense.

To penalize the defendant with punitive damages in

this action would violate constitutional criminal rights

and safeguards guaranteed by the Fifth, Sixth, Eighth

and Fourteenth Amendments to the United States Con-

stitution.

Wherefore, having fully answered the complaint, defend-

ant prays that the plaintiff take nothing by his suit and

that the defendant be discharged, with its costs.

eee NA RT Bd woh EE a a Oh Se |

7

Pipe 2k © o2 et

i ie ne a Saad #

28

In tHe Unirep States District Court.

* * (Caption—No. 61 C 2202) * *

REPLY TO AMENDED ANSWER.

(Filed Jan. 4, 1968)

Now comes plaintiff, Frank Pape, by his attorneys, John

M. Kaveny and Luis Kutner, and replying to the Amended

Answer filed in the above entitled cause, says:

1. Replying to the first defense of the defendant, denies

that the complained of news article is protected under

the first or fourteenth amendments or any other provision

of the United States Constitution, or any provision of the

Constitution of the State of Illinois.

2. Replying to the second defense of the defendant,

denies that the complained of article was published without

malice, and on the contrary, alleges that said article was

published either with actual malice or with a reckless dis.

regard by defendant or its agents as to whether the mate-

rial in said article was true or false.

3. Replying to the third defense of the defendant, denies

defendant’s allegations that plaintiff has sustained no spe-

cial damages, and on the contrary, alleges that plaintiff has

sustained substantial and material damages, both by loss of

income and otherwise as a direct and proximate result of

the publication of the complained of article by defendant.

Further, denies that plaintiff’s income and wealth was

greatly increased after the publication of said article, and

on the contrary, alleges that his income and wealth has

greatly diminished by reason thereof.

4. Replying to the fourth defense of the defendant,

denies that the complained of article is a protected exer-

29

cise of the right to report the activities or utterances of

governmental officials or bodies, and on the contrary,

alleges that said article was not the report of the activi-

ties or utterances of governmental officials or bodies, but

an inaccurate and false report of a governmental publi-

cation.

5. Replying to the fifth defense of the defendant, de-

nies that the complained of article is a protected exercise

of the defendant’s right to comment upon matters of

public interest or concern,

6. Replying to the sixth defense of the defendant, denies

that the imposition of punitive damages in this cause would

violate any constitutional protections accorded to defend-

ant, either by the United States Constitution or the Con-

stitution of the State of Illinois, and on the contrary,

alleges that punitive damages have long been a settled form

of compensation in matters of this type.

Wherefore, plaintiff demands judgment as set forth in

his Amended Complaint.

In tue Unitep States District Court.

°~% (Caption—No. 61 C 2202) - .

STIPULATION OF FACTS,

Part I—Liapsiuiry.

1. The plaintiff, Frank Pape, also known as Francis

W. Pape, is employed by the Chicago Police Department,

holds the permanent Chicago Civil Service rank of Cap-

tain of Police, and resides at 1911 Prospect Avenue in

Park Ridge, Illinois.

2. Plaintiff is married to Catherine Pape.

3. Defendant, Time, Incorporated, is a corporation or-

ETRPEOR eas |

PILE SOLE LG LLBEAN LOI EE ESE

narnee

PTL,

EDS NONE LEE ELE IS IE

a

ganized under the laws of the State of New York anq

has its principal place of business in the City of New York

in that state.

4. On November 24, 1961, plaintiff Pape was employed

as Director of Security for Chicago Thoroughbred Enter.

prises, Incorporated, which operates the race tracks knowp

as Arlington Park, Washington Park and Balmoral Jockey

Club in the metropolitan area of Chicago. On November

24, 1961, plaintiff was on leave of absence from the position

of Captain of Police of the Chicago Police Department,

5. Plaintiff became a policeman in March 1933 and cop.

tinued in that employment until April 15, 1991 when he

was employed full time by the above-named race tracks,

6. Plaintiff was a patrolman from 1933 to 1942. He

worked as a detective with the State’s Attorney’s Office

of Cook County from 1933 through 1937. In 1939 plaintiff

was transferred to the detective bureau and _ thereafter

was assigned to the robbery detail, where he worked until

1959. In 1942 he was promoted to sergeant. In 1952 he

was promoted to lieutenant.

7. For a short time after his promotion to lieutenant,

plaintiff was assigned to the First Police District of

Chicago and thereafter returned to the Detective Division

as head of the Robbery Detail. Most of his career was

with the Robbery Detail.

8. Plaintiff was promoted to Deputy Chief of Detee-

tives in 1957. He remained Deputy Chief of Detectives

for two years. He was promoted to Captain in 1959 and

assigned as commander to the Engelwood or 15th Police

District for a period of five months. In February 1960

plaintiff was assigned to be the First District Commander

and remained there until he was granted a leave of ab-

sence in April 1961. On April 15, 1961 he entered into an

employment contract with Chicago Thoroughbred Enter-

prises, Inc. for a period of four years at an annual salary

30

of $25,000.00 plus bonus. This contract by its terms expired

on April 15, 1960.

9, In October, 1958, Pape was Deputy Chief of Detee-

tives of the Chicago Police Department. On October 29,

1958, Pape reported for duty at the Chicago Police Head-

quarters at lith and State Streets at approximately 12:01

am.

10. Prior to daylight on the morning of October 29,

1958 Pape was in charge of a squad of seven detectives

who went to the apartment of James Monroe and his

family at 1424 South Trumbull, Chicago, Illinois. None

of the men in the squad, including Pape, were in police

uniform. All of the men in the squad were white, i.e.,

Caucasian. The policeman in the squad were subject to

the supervision and control of Pape; Pape was the high-

est ranking police officer in the squad.

11. On the morning of October 29, 1958 the following

occurrences or events transpired at the apartment of James

Monroe :

31

a. Pape and four police officers entered the Monroe

apartment at approximately 6:00 a.m.; three other

police officers stood guard outside.

b. Mr. and Mrs. James Monroe and six children were

in the apartment.

c. Pape was armed with a revolver.

d. Pape entered the bedroom of James Monroe and

his wife.

e. When Pape entered the bedroom of Mr. and Mrs.

Monroe the bedroom light was off, Mr. and Mrs.

Monroe were in bed, and Pape shined his flashlight

on Mr. and Mrs. Monroe,

f. James Monroe was required to leave his bed and

go into the living room,

g. Pape searched the closet in the Monroe’s bedroom.

FILLE IA OTS OID TLE Sera ey

POPC SBS FS

A epg

32

h. During the time the police officers were in the

Monroes’ apartment, police officers searched all the

rooms in the apartment, and James Monroe was

arrested.

12. James Monroe was thereafter required to leave his

apartment. After leaving the Monroe apartment:

a. James Monroe was handeuffed,

b. James Monroe was placed in an unmarked police

car with several policemen, including Pape.

c. James Monroe was taken by police officers, pot

including Pape, to Chicago Police Headquarters at

llth and State Streets.

13. After being held at police headquarters at 11th and

State Streets for approximately ten hours, James Monroe

was released from police custody.

14. No criminal charges were ever lodged against James

Monroe after his arrest and detention as above described

on October 29, 1958.

15. In November, 1961 the oficial 1961 Annual Report

of the U. S. Commission on Civil Rights was issued and

published. The U. S. Commission on Civil Rights was

created by Act of Congress in 1957 for the purpose of

investigating civil rights problems and to report the results

of the investigations to the President of the United States

and to Congress.

16. Volume 5 of the Civil Rights Commission’s official

1961 Annual Report was entitled Justice. Defendant's

Exhibit E is a true copy of excerpts from the said Volume

5 entitled Justice.

17. Prior to the preparation and publication of the U.S,

Commission’s Volume 5 entitled Justice, staff members of

the Commission made field trips for the purpose of in-

vestigating police brutality in a number of cities in the

United States. An attorney employed on the staff of the

33

Commission, Mr. Richard Wolf, traveled to Chicago, Illinois

in late January or early February of 1961; Mr. Wolf spent

five or six Working days in Chicago.

18. Before coming to Chicago, Mr. Wolf had never

heard of Frank Pape or the case of Monroe v. Pape.

19 The article of which the plaintiff, Frank Pape, com-

plains in this suit appeared in the November 24, 1961 issue

of Time magazine, Defendant’s Exhibit F is a true copy

of the complete text of the article.

%, The article of which plaintiff complains was writ-

ten by Kdward F. Magnuson, Contributing Editor assigned

to the National Affairs section of Time magazine. At the

time the article was written, Mr. Magnuson’s supervising

editor was Mr, Champ Clark, Editor of the National Affairs

section of Time magazine,

21, Justice, Volume 5 of the Official 1961 Report of

the U. S. Commission of Civil Rights, was officially pub-

lished and released on or about November 17, 1961. Si-

multaneously with the public issuance of Justice, the U. S.

Commission on Civil Rights also issued a Press Release

concerning the Justice Report; defendant’s Exhibit G is

a true and correct copy of the said Press Release.

22, On November 17, 1961 the New York Times News-

paper published a lengthy news article concerning the

issuance and release of Justice; defendant’s Exhibit H

isa true and correct copy of the said news article in the

New York Times concerning Justice.

23. At the time Mr. Magnuson wrote the Time news

article concerning Justice, he had read the Justice Report

in full, the Press Release issued by the U. S. Commission

concerning Justice (defendant’s Exhibit G@), and the news

article in the New York Times of November 17, 1961

(defendant's Exhibit TT).

4. After Mr, Magnuson had written the article, the

article was sent to Mr, Champ Clark as Editor of the

National Affairs Section of Time. The article was then

'

Pak ete |

TE ONES ALLY ORT IE SNL IE RIAL IONE BL HANDY FI Oe nae

34

transmitted to the Research Department of Time. The

supervisor of research assigned the article to a Time staf

researcher, Miss Karen Burger (now Mrs. Karen Booth),

Miss Burger was first employed by Time, Ine. in 1954 anq

was continuously so employed until April 1, 1966 when she

took a maternity leave of absence. She has not yet rejoined

the staff of Time.

25. As researcher, Miss Burger’s job was to check the

factual aceuracy of the article. Time maintains an infor.

mational reference library, commonly called the ‘‘morgue,”

which is arranged alphabetically according to names of

individuals and subject matter.

26. In the performance of her duties as researcher,

Miss Burger obtained from the Time ‘‘morgue”’ all the

materials therein concerning Frank Pape and the Case of

Monroe v. Pape. The said materials that Miss Burger

obtained and examined were as follows:

a. A news article in the New York Post by Fletcher

Martin published February 27, 1961 bearing the

headlines ‘‘The Suit Against the Chicago Cops”

and ‘‘A Father Recalls His Night of Terror.’’ De-

fendant’s Exhibit I is a true copy of said news

article.

b. A report from Time’s Chicago Bureau written by

Dudley Doust, Chicago correspondent for Time,

entitled ‘‘A Kicked in Door’’ and received by Time

in New York on February 22, 1961. Defendant's

Exhibit J is a true copy of said report.

ce. A report from Time’s Washington Bureau written

by Burt Meyers, Washington correspondent for

Time, entitled ‘‘Supreme Court’’ and received by

Time in New York on February 22, 1961. Defend-

ant’s Exhibit K is a true copy of said report.

d. A proposed article written by Time correspondent

Dudley Doust in Chicago entitled ‘‘Terror on

AS RE ne ——- —— - 7 — ayaa van se PEPE ee ae

PCIE a eta egy Nara TPR RSET NS

9s See Ne BESS REE Re a

- — cae VRE: 7 ee + UN catenin RSS LBD ek

Trumbull Street’? and received by Time in New

York on February 21, 1960. Defendant’s Exhibit

L is a true copy of said article.

e. A proposed article from the Washington Bureau

of Time entitled ‘‘The Supreme Court—Another

Monroe Doctrine’’ and received by Time in New

York on February 20, 1961. Defendant’s Exhibit

M is a true copy of said article.

f. A report entitled ‘‘Chicago Cop’’ from the Chicago

Bureau of Time from a Time co.respondent

named Heinke received by Time in New York on

May 24, 1951. Defendant’s Exhibit N is a true copy

of said report.

g. A newspaper clipping dated December 21, 1947

bearing the headline ‘‘This Dead-Eye Dick Poi-

soned Two Hoodlums.’’? Defendant’s Exhibit O is

a true copy of said clipping.

h. An article from the New York Times dated Feb-

ruary 21, 1961 by Anthony Lewis, with the headline

‘High Court Backs Suing of Police.’’ Defendant’s

Exhibit P is a true copy of said article.

GE OR ie

27. In addition to the above-listed materials, Miss

Burger in researching the contents of the article also

examined and read the materials that Mr. Magnuson had

referred to when writing the story, i.c., the Justice Report,

the U. S. Commission Press Release concerning Justice

(Defendant’s Exhibit G), and the article in the New York

Times newspaper dated November 17, 1961 (Defendant’s

Exhibit H).

28. After reading and examining all of the above

materials, Miss Burger then returned the article to Mr.

Magnuson. ;

29. At the time of the publication of the article com-

plained of, the plaintiff, Frank Pape, did not know any of

the officers, reporters or other employees of defendant,

Time, Inc.

— SEOd SREP AN

PETE

ELE OLIMAR ES PE ot Oo,

36

30. The duty of the Robbery detail of the Police De.

partment was to investigate robberies that might be con.

sidered serious or where the cases were numerous or where

amounts taken were large or where there was injury to

the person.

31. James Monroe was ordered arrested by Sergeant

Edward Cagney because his photographs had been identi-

fied by Mrs. Mary Saisi as resembling one of the two men

who had allegedly entered her home on October 27, 1958,

allegedly shot and killed her husband, Peter Saisi, and

allegedly stole a quantity of shirts from the house,

32. Plaintiff had spoken with Mrs. Saisi on October 27,

1958 during his investigation of the alleged robbery and

murder, and had obtained a description of the robbers from

her. That description included a description of a tall

Negro man.

33. Subsequently, after the arrest of James Monroe,

Mrs. Saisi confessed that she and another man had killed

her husband; Mrs. Saisi and the other man were convicted

and sentenced to the penitentiary.

34. Mrs. Saisi falsely told Pape that a Negro robber

shot her husband, and the description she gave resembled

that of James Monroe.

35. As Deputy Chief of Detectives, plaintiff would not

have been on the detail that arrested James Monroe on

October 29, 1958. There was no sergeant available to

supervise the detail making the arrest, and the plaintiff

went to provide supervision,

Stipulated and Agreed:

/s/ Joun M. Kaveny,

Attorney for Plaintiff.

/s/ LAWRENCE GUNNELS,

Attorney for Defendant.

37

In THE Untrep States Districr Court.

* * (Caption—No. 61 C 2202) * *

FINAL PRETRIAL ORDER.

This matter having come before the Court at a pretrial

conference held pursuant to Rule 16 of the Federal Rule of

(ivil Procedure, 28 U.S. C., and John M. Kaveny and Luis

Kutner having appeared as counsel for the plaintiff; and

Don H. Reuben, Lawrence Gunnels and Michael W. Coffield

of Kirkland, Ellis, Hodson, Chaffetz & Masters having

appeared as counsel for the defendant, the following action

was taken:

NATURE OF ACTION AND JURISDICTION.

This is an action for damages for bel. The jurisdiction

of the Court is not disputed.

The following stipulations and statements were sub-

mitted, attached to, and made a part of this order:

(a) A comprehensive written stipulation or statement

of all uncontested facts;

(b) A written list or lists of the potential witnesses

to be called by each party;

(c) An agreed statement of the contested issues of

fact and of law;

(a) A list of all depositions to be read into evidence

and statements of any objections thereto;

The foregoing were modified at the pretrial conference

as follows:

¢

PTH eer |

MRA aE ae ¥

BT a Lk a a

EELS RGIS De

ap An) ith i nile

38

PLAINTIFF.

The following exhibits were offered by the plaintiff ang

marked for identification. There was reserved to the de.

fendant the right to object to their receipt in evidence op

the grounds stated:

Exhibit 1—Article appearing in New Crusade, a

newspaper, dated April 24, 1965

Exhibit 2—Handbill of demonstrators passed out at

demonstration of May 1, 1965

Exhibits 3, 4, 5, 6, 7, 8, 9 and 10—Photographs of

demonstration of May 1, 1965.

DEFENDANT.

(A)

The following exhibits were offered by the defendant,

received in evidence, and marked as herein indicated:

Exhibit E—Excerpt from Volume 5, 1961 Civil

Rights Commission

Exhibit F—Article appearing in defendant’s maga-

zine dated November 24, 1961

Exhibit G—Press release dated November 17, 1961

Exhibit H—Article in New York Times, a news-

paper dated November 17, 1961.

(B)

The following exhibits were offered by the defendant,

marked for identification, and admitted into evidence over

the objection of plaintiff:

Exhibit I—Article in New York Post, a newspaper

dated December 27, 1961

Exhibit J—Report of Time correspondent dated

February 22, 1961

ae

Exhibit K—Report by Time correspondent dated

February 22, 1961

Exhibit L—Report by Time correspondent dated

February 21, 1960

Exhibit M—Report by Time correspondent dated

February 20, 1961

Exhibit N—Report by Time correspondent dated

May 24, 1961

Exhibit O—Report by Time correspondent dated

December 21, 1947

Exhibit P—Article in New York Times dated Feb-

ruary 21, 1961.

(C)

The following exhibits were offered by the defendant and

marked for identification. There was reserved to plaintiff

the right to object to their receipt in evidence on the

grounds stated:

Exhibit Q—Article in Chicago’s American, a news-

paper dated December 4, 1962

Exhibit R—Article in Chicago Tribune, dated De-

cember 5, 1962

Exhibit S—Article in Chicago’s American dated De-

cember 5, 1962

Exhibit T—Article in Chicago Daily News dated

December 12, 1962.

LimITaTIONS AND REsERVATIONS.

(A)

There is reserved to each of the parties the right to call

such rebuttal witnesses as may be necessary, without prior

notice thereof to the other party.

eee eee ee Be a Menara er ee

PSE EN RE EE So eee RS BE EN

POI LP ee ¥

2 LOO DE RT DAE LD

40

(B)

The probable length of trial is 4-5 days. The case wil]

be listed on the trial calendar, to be tried when reached,

It Is Ordered that this pretrial order may be modified

at the trial of the action, or prior thereto, to prevent

manifest injustice. Such modification may be made either

on application of counsel for the parties or on motion of

the Court;

It Is Further Ordered that requests for instructions shall

be submitted to the trial court at the commencement of the

trial, but there is reserved to counsel for the respective

parties the right to submit supplemental requests for in-

structions during the course of the trial or at the conclu.

sion of the evidence on matters that cannot reasonably be

anticipated.

/s/ Epwiy A. Rossoy, |

Judge.

Date: Sept. 10, 1968.

Approved as to Form and Substance.

/s/ JouHN M. Kaveny,

Attorney for Plaintiff.

/8/ LAWRENCE GuNNELS,

Attorney for Defendant.

ATTACHMENT A TO Fina PRETRIAL ORDER.

The plaintiff will read into evidence the deposition of

Karen Booth, the deposition of Edward F. Magnuson and

the deposition of Champ Clark.

41

(4] In THE Unitep States District Court.

* * (Caption—Docket No. 61 C 2202) * *

Before Hon. Edwin A. Robson, Judge, and a jury.

Monday, January 13, 1969,

2:00 o’clock p.m.

Met pursuant to adjournment.

Present :

Mr. Kaveny, appeared for Plaintiff;

Mr. Reuben, appeared for Defendant.

(Whereupon, the following further proceedings were had

herein, in open court, in the presence and hearing of the

jury, to-wit :)

[5] (Counsel for plaintiff thereupon made an opening

statement to the jury.)

(Counsel for the defendant thereupon made an opening

statement to the jury.)

[6] The Court: You may eall your first witness.

Mr. Kaveny: Take the stand, sir.

The Clerk: Raise your right hand, please.

(The witness was thereupon duly sworn.)

The Court: Conduct the examination from the podium,

please, Mr. Kaveny.

Mr. Kaveny: Yes, sir.

The Court: For the benefit of both sides, please try to

avoid as much repetition as possible of any of the facts

that have been stipulated to.

Mr. Kaveny: I will try, sir.

The Court: All right.

vis eT —

Oe add

PF gfALIO AFA G PE TOL NS

ZS uae LN

42

EDWARD CAGNEY, called as a witness on behalf of the

plaintiff herein, having been first duly sworn, was ex.

amined and testified as follows:

rect Examination by Mr. Kaveny.

Q. State your name and address, sir.

[7] A. Edward Cagney, 1214 South 61st Avenve, Cicero,

Illinois.

Mr. Youker (Offical Court Reporter): Will you spell

your last name, please.

The Witness: C-a-g-n-e-y.

By Mr. Kaveny: Q. What is your occupation, Mr.

Cagney?

A. I work for security, for private industry.

Q. In October of 1958, by whom were you employed?

A. The City of Chicago.

Q. In what capacity, sir?

A. I was a Sergeant of the Department of Police,

assigned to the Homicide Section.

Q. Directing your attention, sir, to October 27, 1958,

did you have occasion to participate in an investigation

of a complaint by a Mrs. Saisi?

A. Yes, sir.

Q. What did Mrs. Saisi relate to you as to what had

transpired?

A. On that particular night her husband was shot and

killed by two men, she said, that were colored men.

[8] One was a big, tall man, and the other was just a little

shorter, about two inches shorter than the original man,

and she figured that the tall man was about six foot two.

[9] Q. Was Captain Pape involved in that investigation?

A. I don’t think so. I don’t recall. I don’t think so.

Q. Was Mrs. Saisi, in the course of the investigation,

brought to the police station?

Se

re

Bs te

43

A. Not that particular night, she wasn’t.

Q. On October 28, 1958, was she brought to the police

station ?

A. She was brought into the Detective Bureau.

Q. What was the purpose that she was brought in?

A. She was brought in by Detective Neil Carr, to view

pictures in the B. of I.

Q. Did she do so?

A. Yes, sir.

Mr. Reuben: I object, unless this officer was there.

The Court: What is that?

Mr. Reuben: I object, unless this officer was present.

The Court: All right. Lay the foundation.

Mr. Kaveny: All right. I will withdraw the question.

your Honor.

The Court: All right.

(10] By Mr. Kaveny: Q. Was a picture given to you—

Yes, sir.

—on October 28, 1958?

Yes.

By whom?

Detective Neil Carr, assigned to the Homicide Sec-

Pere F

tion.

Q. Whose likeness was the picture?

Mr. Reuben: I object. The picture speaks for itself,

your Honor. It is the best evidence.

The Court: Do you have it, for the purpose of iden-

tification ?

Mr. Kaveny: I do not have the picture, no, your Honor.

The Court: All right.

Mr. Kaveny: Just a moment. I do not believe I have

it with me.

(There was a short interruption, after which

the following further proceedings were had

herein, in open court, in the presence and hear-

ing of the jury, to-wit :)

[11] By Mr, Kaveny: Q. Was a record given to you at

the same time by the sergeant?

44

A. Yes.

Q. Or rather, by the detective?

A. Yes.

Q. Was this as a result of his conference with Mrs,

Saisi?

A. That the detective had with Mrs, Saisi, yes,

Q. Asa result of that, did you issue any orders?

A. Yes, sir.

Q. What orders did you issue?

A. Detective Neil Carr told me that Mrs, Saisi—

Mr. Reuben: Just a moment. I object and move that

the answer be stricken. The question was what orders did

he give, and he is now, I believe, giving hearsay testimony

as to what somebody else told him,

The Court: The objection is sustained. When you make

an objection, stand up, Mr. Reuben,

Mr. Reuben: I am sorry,

By Mr. Kaveny: Q. As a result of the photograph

[12] and of the report given to you by Officer Neil Carr,

what orders did you give?

A. I gave the picture and the record to Detective

Howard Felker, who is now deceased, to arrange to pick

up the gentleman whose picture T had.

[13] Q. What was that name, sir?

A. James Monroe.

Q. What was his address?

A. It was in the 1400 block south on St. Louis.

Q. Did you issue any further orders with regard to

that arrest?

A. I teld Detective Felker, I said, ‘‘If you pick up

James Monroe, put him in the Detective Bureau lockup

and notify our lieutenant, James MeMahon, on days, to

have Mrs. Saisi come in and view him at a show-up.”’

45

Q. Was there a sergeant in charge of that arrest?

A, At the time that James Monroe was arrested?

Q. Yes, sir.

A. There was no sergeant on the midnight. I was the

sergeant on the four-to-twelve and the sergeant on the

midnight on that particular night was off.

Q. Who was that sergeant?

A. That was Sergeant William Clark.

Q. Was there anyone besides the Deputy Chief [14] of

Detectives in charge that evening?

A. Not in the Homicide Section, no.

Q. Who was the Deputy Chief of Detectives at that

time?

A. Frank Pape.

Q. What were his hours of duty on October 29?

A. From midnight till eight in the morning.

Mr. Kaveny: No further questions,

The Court: You may cross-examine,

Cross-Evamination by Mr. Reuben.

Q. Officer Cagney, did you participate in any way in

the raid?

A. No, sir.

Mr. Kaveny: Your Honor, may I be heard for just a

moment on the use of the word ‘‘raid’’? It was an arrest.

A raid connotes a gambling raid or something like that.

It was an arrest.

The Court: All right. Use the word ‘‘arrest’’, Mr.

Reuben.

[15] By Mr. Reuben: Q. Was a search warrant ever

procured for the searching of the house of James Monroe?

A. No, sir.

Mr. Kaveny: Objection.

The Court: He may answer, if he knows.

ae

Sr Ss oe

we

SOR LO I LPT PE IIE LT OP AG

FPO EE el tO LOE TOL” Li PE OME

46

By the Witness: <A. No, sir.

By Mr. Reuben: Q. Could you tell the jury how you

would get a search warrant?

Mr. Kaveny: Objection.

The Court: Objection sustained,

By Mr. Reuben: Q. Were you a defendant in the case

of Monroe versus Pape?

A. Yes, sir.

Mr. Kaveny: Objection, your Honor,

The Court: He may answer. Objection overruled.

By Mr. Renben: Q. Were you found guilty of violat.

any of the Monroe family’s civil rights?

[16] Mr. Kaveny: Objection.

The Court: Objection overruled.

By the Witness: A. I didn’t violate their rights. |

was fined $2,000, but I didn’t violate their rights.

By Mr. Reuben: Q. You were fined $2,000 by this

Court, correct?

A. Yes, by Judge Parsons’ court.

Mr. Reuben: Thank you.

[17] The Court: Is there any redirect?

Mr. Kaveny: Yes, your Honor,

Redirect Examination by Mr. Kaveny.

Q. Sergeant Cagney, when you say ‘‘fine’’, that was

damages assessed against you by a jury, is that right!

That’s right.

That was not a fine in the sense of a criminal fine!

Tt wasn’t a fine. It was a suit.

A civil suit?

They were awarded $2,000,

In damages.

Mr. Kaveny: No further questions.

The Court: Is there any recross?

OQ>O>rO>

47

Mr. Reuben: No, your Honor.

The Court: Allright. Thank you, sir. You are excused.

(Witness excused.)

The Court: You may call your next witness.

(There was a short interruption, after which

the following further proceedings were had,

to-wit :)

[18] JOHN HIGGINS, called as a witness by the plaintiff

herein, having been first duly sworn, was examined

and testified as follows:

Direct Examination by Mr. Kaveny.

Will you state your name, sir,

John Higgins.

What is your occupation, sir?

Police officer.

How long have you been a police officer?

Since August, 1942.

What is your rank in the Police Department at the

present time?

A. Sergeant.

Q. Directing your attention to October of 1958, were

you assigned to the Homicide Division?

A. Yes, sir, T was,

Q. What was your rank at that time, sir?

A. Detective.

Q. Directing your attention to the morning of October

29, 1958, did you have occasion to participate in the arrest

of one James Monroe?

A. Yes, sir.

[19] Q. Task you to go back and tell me what oce ved

that morning—strike that-

Ore rere

ie i lt

BL POLE GS BOE OO OCDE MMT TS

SELES ONE EM

SOT PEI Es tf VEO

ees a3

48

I ask you to go back, sir, and tell me what time you went

on duty that morning.

A. I was working the twelve to eight watch, and |

arrived at work, it would be the evening of the 28th,

possibly between 11:15 and 11:30 p.m.

Q. Would you tell us what you did, sir, prior to this

arrest but regarding this arrest?

A. When I arrived for work the evening of the 28th

I met my partner, Howard Felker, and Detective Felker

told me at that time that we were working on a homicide

ease that had happened the day before.

Mr. Reuben: Your Honor, I would move that what

Detective Felker stated be stricken. He is dead and I ean-

not cross-examine him.

Mr. Kaveny: There is only one thing, as the transcript

will show, he has not related any conversation as far as

Detective Felker is concerned.

The Court: Objection overruled at this time.

Mr. Reuben: I think he said that Detective Felker

[20] said something.

Mr. Kaveny: He started to and then stopped.

The Court: There will be no conversation. Address

your remarks to the Court.

Mr. Kaveny: Would the reporter please read the last

few remarks of the witness.

A. (Read by reporter.)

Mr. Reuben: I would move that that be stricken, your

Honor.

The Court: It may stand for whatever it is worth.

By Mr. Kaveny: Q. What was the homicide case that

you were working on, sir?

A. It was a case of Mr. Saisi, who had been murdered

in his home the evening of the 27th, October 27th.

Q. Now, you arrived at the station house on the evening

of the 28th, and you were going to tell us what you did

49

with regard to this arrest prior to that in the early morn-

ing hours of October 29th.

A. Right.

Q. Would you tell us, please.

(21) A. Detective Felker showed me a picture of one

James Monroe and also his police record, and stated, he

told me that Mr. Monroe—

Mr. Reuben: Your Honor—

The Court: Do not state what he said.

By the Witness: A. I learned that Mr. Monroe had

been identified as having been one of the two persons who

had murdered Mr. Saisi the night before.

By Mr. Kaveny: Q. Were you given any directions or

orders at that time?

A. Yes. We spoke to Chief Pape. This particular

evening we didn’t have anybody in charge of the Homicide.

Our sergeant was off that night, and our immediate superior

would have been Chief Pape, so we spoke to Chief Pape

and he suggested that we go out to the home or the place

of residence, survey the building, and determine what type

of premises it was, and convey this news to him.

Q. Did you do that?

A. He also told us that if he weren’t busy throughout

the night he would meet us throughout the night [22] when

we were about to make the arrest. .

Did you go out and survey the apartment?

Yes, sir, I did.

And report back?

Yes, sir, I did.

About what time was the arrest made?

Around daybreak, that would be.

Prior to that time did you meet with Captain Pape

and other police officers?

A. Yes, sir, I did.

Q. Where did you meet with them?

Pre rPLe re

li a atl

LLEVA LABELED

= A 7 ROE ELON MEP LEE

50

A. On Roosevelt Road near Trumbull. I think it was

St. Louis.

Q. What time was that, sir?

A. Around 5:30, I think it was, that morning.

Q. Can you tell me what pelice officers besides your.

self, your partner Howard Felker, and Captain Pape, you

met at that hour and place?

A. The two other homicide cars working that evening,

One car had Detective Frank McMahon and, I think, [23]

his partner—I’m not certain now—I think his partner that

evening was Detective Gerald Sullivan. The other ear, |

believe, was Detective Conway and Detective Prunckle.

Q. What did you do after you met with these people?

A. We went to 1424 South Trumbull Street.

Q. Would you describe in detail what occurred there,

sirt

A. Yes. There Chief Pape assigned us to our posts,

My post was at the back door with Detective Felker and

Detective Gerald Sullivan, Chief Pape and his chauffeur,

who is Detective Jerry Sullivan, not related to the other

Gerald Sullivan.

Q. Where were the remaining officers placed?

A. There was one detective, I’m not certain which one,

was in the back, around the back yard. There was one

around the front door. This is outside, now.

Q. Yes.

A. I don’t know where the others were.

[24] Q. Did you enter the premises with Captain Pape!

A. Yes, sir, I did.

Q. What did you observe Captain Pape doing prior to

the time that you went to the premises?

A. Pardon?

Q. What did you observe Captain Pape do prior to the

time you went to the Monroe premises, immediately prior,

I should say.

51

Strike that.

How did Captain Pape and the rest of you gain entrance?

A. We went to the back door where Chief Pape knocked

on the back door.

Q. What happened?

A. After a short while, a light went on inside the apart-

ment. There is a small window in his back door, and we

could see a colored boy, maybe about 15 or 16 years old.

He came to the door and opened it. Chief Pape asked him

if James Monroe lived there. The boy said yes.

[25] Q. What happened then?

A. Chief Pape and his chauffeur, Detective Jerry Sulli-

van, went into the apartment. He told us to wait there.

Q. To wait, meaning where, sir.

A. At the back door.

Q. All right. Then what happened?

A. About two minutes later a light went on toward the

front part of the apartment. At the back door we could see

through this window, and there was a hallway leading

toward the front, and a light went on in the front part of

the apartment and Chief Pape beckoned to us to come in.

Q. All right. What did you find when you went into

the apartment?

A. T walked through this hallway to the front room.

Mr. Monroe was standing in the center of the front room.

Chief Pape asked me to stand guard with him.

Q. Was any other police officer with Mr. Monroe at

that time?

A. No, Along with me, Detective Jerry Sullivan [26]

came in, and the two of us were asked to stand guard.

Q. How was Mr. Monroe dressed at that time?

A. He had a white T-shirt and a pair of shorts on.

Q. Was he given any other clothes?

A. Yes. Just about that time Detective Jerry Sullivan

came out of the bedroom and he was holding a pair of—

5

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they looked like overall pants, maybe with paint or some

kind of white stuff all over the pants.

Q. The second Jerry Sullivan you are referring to js

the Deputy Chief of Detectives’ chauffeur, is that right?

A. Yes, sir. That’s right.

[27] Q. What happened after that, if you recall?

A. Well, there was a lot of yelling and screaming,

There were four or five children running around the house,

calling us all sorts of profane names. There was a lot

of noise.

Q. Did Mr. Monroe say anything to you at that time?

A. No, he didn’t.

Q. Did Captain Pape in your presence say anything to

Mr. Monroe at that time?

A. No, he did not.

Q. Was Mr. Monroe then removed from the premises?

A. Yes. We were there possibly five to ten minutes, and

at that time—he said he wanted to change his clothes, but

he had a pair of pants on and Detective Jerry Sullivan

gave him a jacket to put on. It was a chilly evening,

We then went outside of the apartment, and outside of

the apartment he was handcuffed and broughi to the squad

car.

Q. Did you take him to the station?

A. No. One of the other squads did.

[28] Q. One of the other squads took him to the station?

A. Yes.

Q. Did you have occasion to see Mr. Monroe thereafter

in the custody of the police?

A. No, no.

Q. I ask you, sir: Were there thirteen police officers

with you at that time?

A. I have enumerated the policemen that were there.

I do not know what that counts up to.

Q. Well, there were eight police officers with you!

53

A. Well, let’s try it again.

Q. All right.

A. There was Chief Pape, his chauffeur, Detective

Jerry Sullivan.

Q. Two.

A. Detective Prunckle. Detective Conway. Detective

MeMahon. Detective Gerald Sullivan. My partner, Howard

Felker, who is now deceased, and myself.

Q. That would be eight.

A. Yes.

Q. Did you see any police officers on that occasion

break through two doors?

(29] A. No, sir.

Q. Did you see any police officer break through one

door?

A. No, sir.

Q. Did you see any police officer wake the Monroe

couple with flashlights?

A. No, sir.

Q. Did you see any police officer force the Monroes, or

either of them, at gunpoint to leave their bed?

A. No.

Q. Did you see any police officer at gunpoint force

either or both the Monroes to stand naked in the center of

the living room?

A. No, sir.

Q. Did you see any police officer arouse any of the six

Monroe children?

A. No, sir.

Q. Did you see any of the police officers herd these

children into the living room?

A. No, sir.

Or any other room in the house?

No, sir.

Did you see Detective or Captain or Deputy [30]

8

x

3

aSIRLa RUM MR EA

aon EE SEN Site ee eee

LETRA PE ATE TiS Ie Wie

Sa FLOR EOD 2S CN LV IAR MH thn

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EEE NS ns

54

Chief of Detectives, Frank Pape, strike Mr. Monroe several

times with his flashlight?

A. No, sir.

Q. Did you hear Captain Pape at any time call Mr.

Monroe ‘‘nigger’’?

A. No, sir.

Q. Did you hear him at any time call Mr. Monroe

‘*black boy’’?

A. No, sir.

Q. Did you see any officer push Mrs. Monroe?

A. No, sir.

Q. Did you see any officer lay a hand on Mrs, Monroe

in any fashion whatsoever?

A. No, sir.

Q. Incidentally, did you see Mrs. Monroe at any time!

A. Yes, I did.

Q. When did you see Mrs. Monroe?

A. About a minute or two minutes after we had entered

the apartment, Mrs. Monroe walked out of the bedroom

with a blanket wrapped about her.

Q. Did she thereafter change her clothes?

A. I don’t remember.

[31] Q. Did you see any officer hit any of the children!

A. No, sir.

Q. Did you see any officer kick any of the children?

A. No, sir.

Q. Did you see any officer push any child to the floor!

A. No, sir.

Q. Did you see any police officer ransack any room in

the house?

A. No, I did not.

Q. Did you see any police officer throwing clothes from

closets to the floor?

A. No, sir, I did not.

Q. Did you see any police officer dumping drawers?

55

A. No, sir, I did not.

Q. Ripping mattress covers?

A. No, sir.

Q. Officer Higgins, you have been on the force for ten

years—fourteen—no, twenty years?

A. 26 years.

Q. 26 years?

A. Yes, sir.

[32] Q. You were in Homicide how long, sir?

A. Almost eleven years.

Q. Was there anything different in the arrest of James

Monroe, as charged with murder, than there would be of

any other?

A. No, sir.

Mr, Reuben: I object to that question.

The Court: He has already answered.

Mr. Reuben: I was too late.

Mr. Kaveny: No further questions.

The Court: You may cross-examine, Mr. Reuben.

(33] Cross-Examination by Mr. Reuben.

Q. Officer Higgins, you mentioned two or three times

about a chauffeur-driver. Did Captain Pape have a chauf-

feur, is that it?

A. There was a man driving his ear, a detective who

was driving his car that night.

Q. That was his chauffeur?

A. The reason I refer to him as the chauffeur, I’m try-

ing to distinguish between the two Jerry Sullivans,

Q. Isee. His job was primarily to drive Captain Pape,

is that it?

A. I don’t know what his job primarily was.

Q. Well, did he have a chauffeur’s hat?

A. No, sir.

Poet Pee

PGT OE TOE IE PT SEN SAND OS TY BV LRA eT eS

OTE GIP ES ELD

56

Q. Now, when you came into the Monroe apartment

Mr. Monroe was in his underwear, is that correct?

A. Yes, sir.

Q. Standing in the living room, right?

A. Yes.

Q. In front of all of his children, right?

[34] A. No. His children were not all there at that time,

Q. How many children were there?

A. Five or six.

Q. How old were they?

A

Q

A.

The oldest would be about sixteen, maybe seventeen,

What was the next one down the line?

Well, I don’t know, but the youngest, I’d say, may

have been around three years old.

So there were some small children as well?

Yes.

They were frightened, weren’t they?

I don’t know if they were frightened.

Was there any yelling going on?

Yes. I said they were calling us profane names,

Who tripped?

I don’t know if anyone tripped.

Were any of the children pushed down?

I saw no one pushed down.

You saw no one pushed down?

No.

Q. Were you in uniform?

No, sir, I was not.

Was anyone in uniform?

A. No, sir.

Q. Now, when Mr. Monroe was taken into custody, was

he allowed to see a lawyer?

A. The last I saw of Mr. Monroe was when he left for

the building at 11th and State.

fehl Pred ease

57

Q. So as far as you know, he was not allowed to see a

lawyer, is that correct?

Mr. Kaveny: Objection, your Honor.

By the Witness: A. I don’t know.

The Court: He may answer, if he knows.

By the Witness: A. I don’t know.

By Mr. Reuben: Q. Did you have a search warrant?

A. No, sir.

Q. Did you testify in the case of Monroe versus Pape

for Captain Pape?

A. I was at the trial, yes, sir.

Q. And you testified as a witness for Captain Pape?

(36] A. I testified, yes, sir.

Q. You told your story then to the jury that heard the

case of Monroe versus Pape, correct?

A. Yes, sir.

Mr. Reuben: That is all.

The Court: Is there any redirect examination?

Mr, Kaveny: No further examination, your Honor.

The Court: All right, thank you, sir. You are excused.

The Witness: Thank you, your Honor.

(Witness excused.)

The Court: You may call your next witness, Mr. Kaveny.

(There was a short interruption, after which the follow-

ing further proceedings were had herein, in open court, in

the presence and hearing of the jury:)

The Clerk: Take the stand, please. Raise your right

hand, sir.

(The witness was thereupon duly sworn.)

58

[37] ANTON J. PRUNCKLE, called as a witness on be.

half of the plaintiff herein, having been first duly

sworn, was examined and testified as follows;

Direct Examination by Mr. Kaveny.

State your name, sir.

Anton J. Prunckle, P-r-u-n-c-k-l-e.

Your address, sir?

10421 South Maryland.

Your occupation, sir?

Police officer, City of Chicago.

How long have you been so employed?

Since the year of 1945, approximately 23 years.

Directing your attention to the morning of October

29, 1958, what division were you assigned to?

A. I was assigned to the Homicide Unit of the Chicago

Police Department.

Q. On that morning did you participate in the arrest

of James Monroe?

A. I did, sir.

Q. Will you tell us, sir, what transpired that morning

[38] prior to that arrest, regarding the arrest?

A. Well, upon reporting for duty, we were working the

first watch starting at midnight, we were sitting in the

office typing up a report, when Officer Felker and Higgins

approached me and my partner, Frank McMahon, and

showed us a photo of a Negro gentleman and his record,

stating that this gentleman had been—

Mr. Reuben: Your Honor—

The Court: Just state what you saw or observed, sir.

By the Witness: A. I observed a photo of a colored

gentleman and a police record.

By Mr. Kaveny: Q. Was there a name on that photo!

A. No, sir.

eOrererers

~7OX™7 ye S ee a

99

Q. All right. What did you do then?

A. We were then instructed to assemble at a point at

¢, Louis and Roosevelt at five o’clock in the morning.

Q. Who was present at that assembly point, sirt

39] A. At that assembly point, my partner and myself,

aptain Deputy Chief of Detectives Frank Pape, his

river, Jerry Sullivan, Detective Gerald Sullivan, Conway,

ficer Detective Higgins, and Felker.

Q. Where did you proceed from there, sir?

A. We then went to a residence, an apartment building

| 1424 South Trumbull.

Q. What transpired there?

A. We were stationed at various positions. I was sta-

oned in the rear of this first floor apartment building at

24 Trumbull, in the rear.

My partner then went into the front and the other detec-

ves entered the place. Detective Conway and myself were

e only ones that were outside.

Q. All right. Where were you stationed?

A. I was stationed—prior te entrance being made into

ye apartment, at that time I was stationed on the south

de of this apartment building and then stationed myself

t the back door of the kitchen of this apartment.

{0} Q. What did you observe with regard to how police

ficers gained entrance to the building?

A. Somebody let them in through the back door, that’s

re only thing I know of, while I was stationed on the

uth side, and then I stationed myself to the rear.

Q. Were you able to observe anything that transpired

) the apartment?

A. I was able to—the kitchen was lit. I was able to see

eople and police officers in the apartment.

Q. What did you observe the police officers doing?

A. I noticed them going into one room and then come

ut and then they were talking to a colored gentleman.

ee m ~—e

BR moe EN ea

EEE

60

Q. How was he dressed?

A. At that time he had a T-shirt on, I don’t remember

—it was a T-shirt or boxer shorts or both that he had op,

Q. Did he thereafter put on any other clothes?

A. He then disappeared from our view. They went

[41] to the front section of the apartment.

Q. What happened after that?

A. Then later this gentleman came out through the rear

kitchen entrance and handcuffs was placed on him by my

partner, Frank McMahon, and attached to his wrist, and

we transported him back to 1121 State Street.

Q. Do you know the identity of the gentleman you

arrested?

A. I did learn by name he was James Monroe.

Q. How was he dressed when he was brought out of

the apartment?

A. He was fully dressed, sir, but I don’t recall what he

was wearing.

Q. Pants?

A. Yes. He had pants on, and it was a short jacket,

I remember.

Q. And shoes?

A. And shoes. I think the pants still had paint on

them, because he remarked that he was doing some paint-

ing.

[42] Q. Were there thirteen police officers, yourself in-

cluded, who were out on this arrest?

A. No, sir.

Q. Did you see any police officers break through two

doors and gain entrance to the apartment?

A. No, sir.

Q. Did you see any police officer break through even

one door?

A. No, sir.

61

Q. Did you see any police officer forcing either of the |

Monroes, husband and wife, to leave their bed at gunpoint? g

A. No, sir, I did not. ;

Q. Did you see either of the Monroes standing naked in

the center of their living room at gunpoint? :

A. No, sir. ;

Q. Did you see either of them standing in the living

room naked?

A. No, sir.

Q Did you see any of the police officers sing any

of the Monroe children?

A. No, sir.

Q. Did you see any of the police officers herding chil-

dren into the living room?

[43] A. No, sir.

Q. Did you see Captain Pape strike Mr. Monroe several

times with his flashlight?

A. No, sir.

Q. Did you hear Captain Pape call Mr, Monroe ‘‘nig-

ger’ or ‘‘black boy’’?

A. No, sir.

Q. Did you see any police officer push Mrs. Monroe?

A. No, sir.

Q. Did you see any police officer hit or kick any or

several of the Monroe children?

A. No, sir.

Q. Did you see any police officer push several or any

of the Monroe children to the floor?

A. No, sir.

Q. Did you see any police officer ransacking every room

or any room?

A. No, sir,

Q. Did you see any police officer throwing clothes from

closets ?

A. No, sir.

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- COMET HE RIL LOE OSIM RALLIES EMER RN ELEY MOE ID NET LOT TOS

62

Q. Did you see any police officers dumping drawers}

[44] A. No, sir.

Q. Did you see any police officer ripping mattress

covers?

A. No, sir.

Mr. Kaveny: No further questions.

The Court: You may cross-examine.

Cross-Examination by Mr. Reuben.

Q. You were outside during the arrest, were you not,

Officer? You were outside of the apartment?

A. At the time when they entered, yes, sir, I was out-

side. I never did—

Q. You never went inside?

A. No, sir.

Q. So the fact is that you were not in a position to see

much of what went on in the apartment, correct?

A. That is correct, sir.

Q. Or hear much of what went on in the apartment, is

that correct?

A. That is correct, sir.

Mr. Reuben: That is all.

The Court: Is there any redirect examination?

Mr. Kaveny: No redirect, your Honor.

[45] The Court: All right. Thank you, sir. You are

excused.

The Witness: Thank you.

(Witness excused.)

The Court: You may call your next witness, Mr. Kaveny.

(There was a short interruption, after which the

following further proceedings were had herein,

in open court, in the presence and hearing of the

jury, to-wit:)

— aeRO RO aR 8.

63

The Clerk: Take the stand, sir. Raise your right hand

and be sworn.

(The witness was thereupon duly sworn.)

PATRICK D. CONWAY, called as a witness by the plain-

tiff herein, having been first duly sworn, was examined

and testified as follows:

Direct Examination by Mr. Kaveny.

Q. Would you state your name and address, please, sir.

A. Patrick D. Conway, 6842 North Dowagiac.

Q. Mr. Conway, you are employed how?

A. Presently?

[46] Q. Yes.

A. Iam a policeman for the City of Chicago.

Q. You have been in that capacity for how long?

A. Twelve and a half years, sir.

Q. Directing your attention to October 29, 1958, did

you have occasion to participate in the arrest of James

Monroe?

A. Yes, I did.

47} Q. Can you describe for us, sir, what transpired

prior to the arrest and regarding that arrest that you know

about ?

A. When I reported to work that evening we were told

that a picture of James Monroe was identified. Also, we

were shown his record and was told he was identified by

the vietim’s wife, Mrs. Saisi, and that we were to place him

under arrest in the early morning hours.

Q. Did you do so?

A. Yes, sir. We met on Roosevelt and St. Louis Ave-

nues at five or 5:30 in the morning.

Q. Who was present at that assembly point?

A. Deputy Chief Pape, Jerry Sullivan, myself, Detee-

SESTRD SAR SP SPO eon BOTAN AG : tame ae TSS

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—— LORELEI

64

tive Gerald Sullivan, Detective Anton Prunckle, and Johy

Higgins, Detective John Higgins.

Q. Approximately eight officers?

A. Yes, sir.

Q. After you met at the assembly point, did you proceed

to Monroe’s house?

A. We proceeded to the alley, yes, sir.

[48] Q. Were you given an assignment?

A. Yes. I was instructed by Deputy Chief Pape to

remain in the alley and guard against any type of escape

through the alley.

Q. What was the next thing that you observed, sir!

A. In about ten or fifteen minutes later, they came out

with James Monroe and placed him in the squad car, a

squad car.

Q. How was Mr. Monroe dressed at that time?

A. I believe he had some type of a jacket on, and nor-

mal street clothes.

Q. Was Mr. Monroe handeuffed?

A. Yes, sir.

Q. About what time of day was this?

A. At, I believe, the closest would be daybreak at that

time.

Q. Were there thirteen police officers assigned, includ-

ing yourself, to make this arrest?

A. No, sir.

Q. Did you see Captain Pape strike Mr. Monroe sev-

eral times with his flashlight?

[49] <A. No, sir.

Q. Did you hear Captain Pape call Mr. Monroe

‘‘nigger’’ or ‘‘black boy’’?

A. No, sir.

Mr. Kaveny: No further questions.

The Court: You may cross-examine.

Q.

A.

Q.

65

Cross-Examination by Mr. Reuben.

You were in the alley the whole time, correct?

That is correct, sir.

Therefore, you really do not know what occurred

up in the Monroe apartment?

A.

No, sir.

Mr. Reuben: That is all.

The Court: Is there any redirect?

Mr. Kaveny: No redirect, your Honor.

The Court: All right. Thank you, sir. You are excused.

(Witness excused.)

The Court: You may call your next witness.

[50]

(There was a short interruption, after which the

following further proceedings were had herein,

in open court, in the presence and hearing of

the jury:)

(The witness was thereupon duly sworn.)

JERRY J. SULLIVAN, called as a witness on behalf of

the plaintiff herein, having been first duiy sworn, was

examined and testified as follows:

re re Fe

Q.

Direct Examination by Mr. Kaveny.

Would you state your name and your address, sir.

Jerry J. Sullivan, 1244 North Laramie Avenue.

Your occupation, sir?

Tam a Chicago police officer.

How long have you been so employed?

Twenty years.

Directing your attention to the morning of October

29, 1958, what was your assignment?

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66

A. I was assigned as a driver for the Deputy [51] Chief

of Detectives, Frank Pape at the time.

Mr. Reuben: I am sorry, I did not hear the last part

of the answer.

The Court: Will you read the answer, please?

A. (Read by the reporter.)

Mr. Reuben: Thank you.

By Mr. Kaveny: Q. Did you participate in the arrest

of James Monroe on that date?

A. Yes, sir, I did.

[52] Q. Would you tell us, sir, what transpired that

morning regarding this arrest and prior to the arrest

itself.

A. We had knowledge that a man by the name of

James Monroe, whose picture had been identified, had

killed a man by the name of Saisi. As I said, the indi-

vidual’s picture had been identified in the Identification

Section.

At the time Deputy Chief Pape was working the mid-

night watch. I was working the midnight watch along with

him. There had been no supervisor in the Homicide unit.

Captain Pape at the time was the only supervisor of super-

visory rank that was present in the Detective Division.

A plan was then formulated in which we were to go over

to Monroe’s home and place him under arrest for this

murder.

Q. Who were the other police officers that were with

you at that time, that is, in the morning at the time of the

arrest?

A. There was a Detective Gerald Sullivan of the Homi-

cide unit, Detective Frank McMahon of the Homicide unit,

Detective Anton Prunckle from the Homicide unit. Did

I say Frank McMahon?

[538] Q. I believe so, sir.

EO deh Ree A ee ee ae a ee Cie ne st a ee

67

A. Patrick Conway. I believe that’s all I can recall

at the present time.

Q. Were you given any duty assignment with regard

to this arrest?

A. I was assigned with the Deputy Chief of Detectives,

and I was told my duties were to obey his orders whatever

they may be.

Q. Did you accompany him into the house?

A. Yes, sir, I did.

Q. Did you observe how entrance was gained to the

house?

A. Yes, sir.

Q. How was that done, sir?

A. Captain Pape knocked on the front—on the back

door, rather. The door had a window in it which was,

you might say, in the upper third portion of the door.

After several knocks a light went on in the kitchen and

a young boy appeared at the door. The Captain produced

his star through the window pane and asked if James

Monroe lived at that particular home, and he was told—I

was standing right there—we were told that he did live

there. The boy then opened the door to let us in. We

asked where Monroe was at, where [54] his bedroom was,

and we were told that he was in the front portion of the

home, of the flat.

Q. How many police officers entered the apartment with

you at that time?

A. I believe it was just Pape and myself.

Q. What did you do?

A. We proceeded forward to the front end of the

house, down the hallway, which led from the kitchen to the

front room, and the bedroom was right at the end of the

hallway on the lefthand side of the hallway as you approach

the front room.

Q. Would you tell us what transpired at that time?

APY, OER EM

68

A. I turned on the light in the front room and the bed.

room, and Monroe—or the gentleman and a lady who were

in bed who later identified themselves as James Monroe

and Mrs. Monroe—were laying in bed. There were

couple of beer bottles laying on the floor, knocked over, and

we asked if he was James Monroe. He said yes. We asked

him to get out of bed, which he did.

Where was Mr. Monroe taken at that point?

A. Into the front room.

Who took him into the front room?

I did.

How was Mr. Monroe dressed at that time?

He had on a pair of shorts and a T shirt.

Was he given any clothing?

I gave him a pair of slacks and a pair of shoes,

What happened after that, sir, if you recall?

I proceeded to search the bedroom.

[56] Q. How did you go about doing that, sir?

A. Well, I went through the closet. I believe there was

a chest of drawers along the wall. There were pipes in

the upper portion of the room with a radiator on the ceil-

ing for heating purposes. I ran my hand along the radia-

tor, along the pipes.

Q. What were you looking for, sir?

A. Looking for a gun that was used in the murder, and

several shirts that were taken in this particular crime.

Q. Where was Mrs. Monroe while this was going on!

A. She was laying in bed.

Q. What happened after that?

A. I asked her if she would get out of bed. She did.

Q. How was she dressed?

A. She had some type of a jersey sweater-shirt of some

type on the top, and she wrapped the blankets around her

middle.

Q. Where did Mrs. Monroe go?

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69

A. I don’t recall; I didn’t pay any attention.

[57] Q. Did she ever change her clothes thereafter?

A. I believe she did. I believe she put a robe on some-

time later. I didn’t see when or how or where.

}

,

"]

'

Q. What was Captain Pape doing at this time?

A. Pardon me?

Q. What was Captain Pape doing at this time?

A. He helped me search the room, and he also inter-

viewed James Monroe.

Q. How many children in the family? :

A, Idon’t recall. I know there were three or four boys, t

teen-agers. One girl was a teen-ager, I believe, and a little )

child.

Q. Of these children, how many of them were in the

front room?

A. Well, during the time that we were there, I believe

that they were all in the front room at one time or another.

Q. Did any police officer bring any of these children

[58] into the room.

A. No. They walked in and out.

Q. Was there any conversation by any of these children

with you or with the police officers who were with you?

A. Well, there was verbal abuse. That is, we were

called several vile names by these children.

Q. Did Mr. Monroe engage in any conversation with

you people?

PSL REIL Ie TIRE DT IC IEE RE Sy OE

A. Not to me, he didn’t.

Q. Was Mr. Monroe then taken out of the house?

A, You, sir.

Q. How long were you in the apartment?

A. Somewhere in the vicinity of ten to fifteen minutes.

Q. Did you accompany Mr. Monroe to the squad ear? :

A. Yes, sir, ,

Q. Did you take Mr. Monroe to the police station? a

A. No, sir. t

‘paces hoa ad

70

Q. Tell me, sir, did you observe thirteen police [59]

officers, including yourself, making this arrest?

A. No, sir.

Q. Did you observe any police officer breaking through

one or two doors and then gain entrance to the house?

A. No, sir. There were no doors broken.

Q. Did you observe anyone waking the Monroe couple

with flashlights?

A. No, sir.

Q. Did you observe any police officer forcing the Mon.

roes at gunpoint to leave their bed?

A. No, sir.

Q. Did you observe any police officer at gunpoint

forcing the Monroes to stand naked in the center of the

living room?

A. No, sir.

Q. Did you observe the Monroes at any time standing

naked in the center of the living room?

A. No, sir.

Q. Did you observe any police officer rousing the six

Monroe children?

[60] A. No, sir.

Q. Did you observe any police officer herding any of

these six children into the living room?

A. No, sir.

Q. Did you at any time overhear Captain Pape call

Mr. Monroe either ‘‘nigger’’ or ‘‘black boy”’ or both?

A. No, sir.

Q. Did you observe Captain Pape at any time striking

Mr. Monroe with his flashlight?

“A, No, sir.

Q. Did you see any police officer push Mrs. Monroe?

A. No, sir.

Q. Did you see any police officer place any hand on

Mrs. Monroe?

71

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:

7

oka eg

A. No, sir.

Q. Did you observe any officers hitting the several

Monroe children?

A. No, sir. ;

(61] Q. Did you observe any police officer kicking any

on the Monroe children?

A. No, sir.

Q. Did you observe any police officer pushing the chil-

dren to the floor?

A. No, sir.

Q. Did you observe police officers or any of them ran-

sacking every room in the house?

A. I searched one bedroom, but I-—

Q. Did you ransack that bedroom?

A. Just for the purpose of searching for the shirts, as

I said, and the gun.

Q. When you searched the bureau, what did you do?

A. ITopened the drawers and stuck my hand underneath

the clothes and into the clothes, as they were folded, and

searched for this particular weapon.

Q. Did you take any of the clothes out of the drawer?

A. No, sir.

Q. Did you close the draw r after you had done that?

A. Yes, sir, surely.

[62] Q. Did you follow the same procedure through all

the drawers?

A. Through all the drawers.

Q. What did you do about the closet?

A. I went through the closet. There were several bags

of clothing that were on the floor of the closet and several

pieces of clothing that were hung up on hangers.

Q. What did you do in regard to that?

A. TI patted them down, I searched them with my hands;

I patted them and I left them. 4

Q. Did you throw anything out of the closet? :

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72

A. No, sir, I didn’t.

Q. Did you observe any other police officer throwing

clothes from closets onto the floor?

A. No, sir.

Q. Did you observe any police officer dumping drawers}

A. No, sir.

Q. Did you observe any police officer ripping maitress

covers?

A. No, sir.

Q. You have been a police officer for how long?

A. 20 years.

[63] Q. How long were you with the Homicide Division?

A. I was in the Detective Division,

Q. I beg your pardon. How long have you been in the

Detective Division?

A. Well, I was in from 1951 to 1961.

Q. What is your present duty assignment?

A. I am now a sergeant in the Robbery Section in

Area 6.

Q. How long have you been in that rank and position!

A. Iwas promoted to sergeant in January of 1961, and

I have been in the Robbery Section since May of 1963 as

a sergeant.

Q. Until the present time?

A. Yes, sir.

Mr. Kaveny: No further questions.

The Court: You may cross-examine.

Cross-Examination by Mr. Reuben.

Q. Officer Sullivan, in 1958 you were Captain Pape’s

chauffeur, is that correct?

A. Yes, sir.

Q. Now, you said that you went out to arrest James

Monroe for the murder of somebody. You know [64] now

that James Monroe did not murder that person, do you not?

73

A. Yes, sir.

Q. He was never charged with the murder, was he?

A. No, sir, he wasn’t.

Q. Now, did you testify in the case which James Mon-

roe brought against Captain Pape?

A. Yes, sir.

Q. In the Federal Court here?

A. Yes, sir.

Q. You testified for Captain Pape?

A. I testified because I was named in the suit by James

Monroe and his attorneys.

Q. When you walked into the Monroe bedroom, were

they awake or were they asleep?

A. I believe they were asleep.

Q. Did you put a flashlight on them?

A. No, sir.

Q. Nobody put a flashlight on them. Is that your tes-

timony?

A. Not to my knowledge. We turned on the lights, a

light switch.

Q. Neither you nor Captain Pape put a flashlight on

them. Is that your testimony?

[65] A. Not to my knowledge, no.

Is it your testimony that you searched the bedroom?

Yes, sir.

Where was Mrs. Monroe?

She was in bed.

. So you had your back turned to her while you were

searching?

A. At times,

Q. She remained in bed, is that correct?

A. Not the entire time, no.

Q. At what point did she get up?

A. When I asked her to get out of bed because I wanted

to search underneath the mattress.

erore

74

Q. I see. You had completed every other part of your

search?

A. Just about, yes, sir.

Mr. Reuben: Thank you.

The Court: Is that all, Mr. Reuben.

Mr. Reuben: Yes, your Honor.

The Court: Is there any redirect, Mr. Kaveny?

Mr. Kaveny: No redirect, yeur Honor.

The Court: All right. Thank you, sir. You are excused,

[66] (Witness excused.)

The Court: You may call your next witness,

Mr. Kaveny: May we have a moment, your Honor?

The Court: Would you like a short recess?

Mr. Kaveny: Yes, your Honor.

The Court: All right. We will take a five minute recess,

Take the jury to the jury room.

[67] The Clerk: The case on trial.

The Court: Are you ready to proceed?

Mr. Kaveny: Yes.

Mr. Reuben: Yes, your Henor.

The Court: You may call your next witness.

Mr. Kaveny: Thank you, sir.

(There was a short interruption, after which

the following further proceedings were had

herein, in open court, in the presence and hear-

ing of the jury, to-wit :)

The Clerk: Take the stand, please.

Raise your right hand, please.

(The witness was thereupon duly sworn.)

eatin RD owes EVR ES A REAP OONT

75

PRANK A. MeMAHION, called as a witness on behalf of

the plaintiff herein, hiaaving been first duly sworn, was

examined and testified as follows:

Direct Examination by Mr. Kaveny.

Q. State your name, your address, and your present

occupation, sir.

\. Frank A. MeMahon, 7906 South Whipple Street,

Chieago. I am an Assistant General Agent for the [68]

John Hancock Mutual Life Insurance Company.

Q. Mr. McMahon, in October, 1958, you were employed

by whom?

A. By the City of Chicago, Department of Police.

Q. What was your duty assignment at that time?

A. I was a detective in the Homicide Section of the

Detective Bureau.

Q. Directing your attention, sir, to the morning of

Qctober 29, 1958, did you have occasion to participate in

the arrest of James Monroe?

A. Yes, sir, I did.

Q. Will you describe for us, sir, what oceurred prior

to the arrest, regarding that arrest?

A. Yes, sir. When I reported for duty at midnight on

October 29th, I was informed by the sergeant, Edward

Cagney, that a James Monroe, whose picture was shown

to me, and his criminal record, had been identified as one

of two men who had killed Peter Saisi.

[69] Q. Were you given any directions at that time, sir?

A. Yes, sir, I was old to effect his arrest, to assist in

effecting his arrest.

We had no immediate sergeant that particular night on

the midnight watch, so we were informed that the Deputy

Chief of Detectives, if at all possible, Frank Pape, would

meet us and assist us in the arrest.

ote ae

76

Q. Did you meet with Captain Pape?

A. Yes, sir, we did.

Q. When did you do that?

A. It was approximately 5:15 or 5:30 that morning.

Q. Where did you meet him?

A. On Roosevelt Road at St. Louis, sir.

Q. After you met him—incidentally, how many officers

were there, including yourself and Captain Pape, at

Roosevelt and St. Louis?

A. Myself, my partner Anthony Prunckle, there was

Officers Conway and Sullivan, there was Officer Felker,

who is now deceased, sir, and his partner, John Higgins,

and Captain Pape and his driver, Sullivan.

[70] Q. A total of eight?

A. Yes, sir, eight.

Q. After you met with these people at that time and

place, what did you do?

A. We met with Captain Pape at Roosevelt and St,

Louis and proceeded to the home of Mr. Monroe, the apart-

ment of Mr. Monroe.

Q. When you arrived there, did Captain Pape make

any duty assignment for you?

A. Yes, sir. He instructed me to go to the front of the

building and remain there until he notified me to do other-

wise.

Q. Did you do that?

A. Yes, sir, I did.

Q. How long did you remain out there, sir?

A. Iwas only out there for a very short period of time.

It was a minute, two minutes at the very, very most.

I no sooner got out there when Captain Pape was motion-

ing me to come in.

Q. And did you?

A. Yes, sir, I did. I went in through the front of the

building.

aes Shy

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17

[71] Q. Who let you in?

A. A woman who later was identified as Mrs. Monore.

(72] Q. How was Mrs. Monroe dressed at that time?

A. I ean recall that she had a robe. It was like a

flowered robe.

Q. Did you enter the living room, sir?

A. Yes, I did.

Q. Tell us that you observed transpiring in the living

room at that time.

A. A man who was identified as Mr. Monroe was

standing in the living room and Captain Pape was in the

living room, and I was instructed to stand at the hallway

of the living room.

Q. Did you observe anyone carrying on any conversa-

tions at that time?

A. There was a lot of conversation. There was a lot of

talking and yelling.

Q. Who was doing the yelling?

A. There were children, five or six children were scream-

ing and yelling.

Q. How old were these children?

A. They ranged in age, sir, from very young, three or

four years old, up to fifteen or sixteen, if memory serves

me right.

Q. Which of these children were doing the yelling?

[73] A. All of them seemed to be yelling, sir.

Q. What was the nature of their yelling, sir?

A. Well, they were swearing at us for being police in

their home.

Q. Did Mr. Monroe participate in this?

A. Mr. Monroe seemed all right. He was standing there

talking to Captain Pape.

Q. How was Mr. Monroe dressed at that time?

A. In underclothing, sir. He had shorts and some type

ofa T shirt on.

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78

Q. Was he thereafter dressed?

A. Yes, a pair of dungarees and some type of a shirt

was given to him to put on.

Q. Was he taken from the house?

A. Yes, sir.

Q. What was the elapsed time that you were there?

A. In the house, sir?

Q. Yes, sir.

A. Ten minutes, it seems like. Ten minutes would bea

long time. Ten or fifteen minutes.

Q. Now, sir, were thirteen police officers with you when

you went to that apartment to make that [74] arrest?

A. No, sir.

Q. You were investigating a murder at that time?

A. Yes, sir. A crime in fact had been committed and I

was told that James Monroe was identified as the man re-

sponsible for the murder.

Q. Did you see any police officer break through any door

to gain entrance to that house?

A. No, sir, I did not.

Q. Did you see any police officer break through two

doors to gain entrance?

A. No, sir, I did not.

Q. Did you see any police officer wake the Monroe

couple with flashlights?

A. No, sir. AsI said, when I got in, they were up.

Q. Did you see any police officer force either of the

Monroes to leave their bed and stand naked in the center

of the living room?

A. No, sir.

Q. Did you see any of the police officers rouse any of

the six Monroe children?

A. No, sir, I did not.

Q. Did you see any police officer herd any of [75] the

Monroe children into the frent room?

79

A. No, sir, I did not.

Q. Incidentally, regarding the children, was there any

police officer having those children in custody?

A, Not to my knowledge.

Q. Were the children free to move about?

A, They were moving about, yes, sir.

Q. Did you see Captain Pape strike Mr. Monroe with

his flashlight?

A. No, I did not.

Q. Did you see him strike Mr. Monroe with his flashlight

several times?

A. No, I did not.

Q. Did you hear Captain Pape call Mr. Monroe ‘‘nig-

ger’’?

A. No, I did not.

Q. Or ‘black boy’’?

A. No, I did not, sir.

Q. Did you see any police officer push Mrs. Monore?

A. No, I did not.

Q. Was Mrs. Monroe in the custody of any police officer?

A. No, sir.

Q. Was she free to move about?

(76) A. Yes. She let me in.

Q. Did you see any police officer hit any of the Monroe

children?

A. No, I did not.

Q. Did you see any police officer kick any of the Monroe

children?

A. No, sir, I did not.

Q. Did you see any of the police officers push any of the

Monroe children to the floor?

A, No, sir.

Q. Did you see any police officer ransack—strike that.

Did you see the police officers, or any of them, ransacking

every room in the house?

ENG PLE REDE Ss LEE POLES POO ES RET

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80

A. No, sir.

Q. Did you see the police officers ransack any room jp

the house?

A. No, I did not.

Q. Did you see any police officers throwing clothes

from closets onto the floor of any room?

A. No, sir.

Q. Did you see any police officer dumping drawers!

A. No, sir, I did not.

[77] Q. Did you observe any police officer ripping a

mattress?

A. No, sir, I did not.

Q. How long were you a police officer in 1958?

A. Thirteen years in 1958.

Q. How long had you been assigned to the Homicide

Division in October of 1958?

A. Three and a half years, sir.

Q. How long after that did you remain in the Homicide

Division?

A. Until October 1st, 1960.

Q. Did you terminate your employment with the Police

Department at that time?

A. Yes, sir. I resigned.

Mr. Kaveny: No further questions.

The Court: You may cross examine.

Mr. Reuben: Thank you.

[78] Cross-Examination by Mr. Reuben.

Q. Did you observe, Officer, any of the searching of

the house?

A. No, sir, I did not see any searching.

Q. So that in your presence there was no searching

at all?

A. No, sir.

SiN CT 6 Ry CRE EY PORT ROR TUNE TS SE Uk BES SNS elie NOTE ita” \

81

By Officer Sullivan or anybody?

No.

Did you observe Mr. Monroe with either Captain

Pape or with Officer Gerry Sullivan, say, in the living

room ?

Q.

‘

Q.

~

Yes, sir, I did.

Mr. Monroe was a colored gentleman, wasn’t he?

Yes.

And he was a gentleman, wasn’t he?

He was to me, yes.

And Mrs. Monroe was a lady, was she not?

She sure was.

A colored lady?

Yes.

Is it your testimony that you heard the three-year-

old how: for example, swearing and cussing?

[79] A. Iheard all of the children yelling, screaming and

swearing. Which one said what or did what, I don’t know.

Q. So it is not your testimony that all of the children

were swearing, is it, Officer?

A. Yes.

Q. Isee. Including the three-year-old?

A. Well, I know he was there. What he was—

Q. Isee. What cuss words did the three-year-old utter,

Officer ?

Mr. Kaveny: Objection.

The Court: If he knows, he may answer.

By the Witness: A. I don’t know.

By Mr. Reuben: Q. Now, when you and your brother

officers went to the home of Mr. Monroe, did you believe

he was a murderer?

A. I was informed that he had been identified as a

man who had killed Peter Saisi.

Q. Well, then, you did believe he was a murderer?

A. I knew a crime in fact was committed and I had

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82

reasonable grounds to believe that James Monroe [89]

was one of the people wanted for it, sir.

Q. So that you thought you were arrcsting a murderer!

A. I was doing my job of arresting James Monroe,

Q. And you thought James Monroe was a murderer,

is that correct?

A. I did not know he was a murderer.

Q. You did not know whether he was a murderer or

not?

A. No. I could not judge the man.

. You thought he might be innocent, is that it!

. Possibly, yes.

. You had no feelings either way?

A. Other than, as I stated, that I had reason to belieye

—I knew a crime had been committed and he had been

identified as being responsible for the crime.

Q. So that you knew he was identified as a murderer—

A. Yes.

Q. —by somebody?

A

Q

Q

A

Q

Yes.

. Is that correct?

[81] <A. That is correct.

Q. And I take it that Captain Pape knew that, is that

correct?

A. Yes.

Q. So that you were dealing with a man accused of

murder, a murder suspect, is that correct?

A. Right.

Q. And it is your testimony that through all this every-

thing was calm and peace and quiet in terms of the officers’

demeanor and the way they approached the Monroes, is

that correct?

A. Yes, sir.

Q. And they were very gentle with accused murderer

Monroe?

LONE TICE NIM EI 8

83

A. Yes, sir. I had a nice conversation with Mr. Mon-

roe.

Q. You Did.

A. Yes.

Mr. Reuben: Thank you.

The Court: Is there any redirect?

Mr. Kaveny: No, your Honor.

The Court: All right. Thank you, sir. You are excused.

The Witness: Thank you.

(82] (Witness excused.)

The Court: You may call your next witness.

(There was a short interruption, after which

the following further proceedings were had

herein, in open, in the presence and hearing

of the jury, to-wit:)

The Clerk; Take the stand, sir. Raise your right hand,

please.

(The witness was thereupon duly sworn.)

GERALD T. SULLIVAN, called as a witness on behalf

of the plaintiff herein, having been first duly sworn,

was examined and testified as follows:

Direct Examination by Mr. Kaveny.

State your name and your address, please, sir.

Gerald T. Sullivan, 7808 South Wood.

Your occupation, sir?

I am a policeman, a police officer.

Your rank?

Lieutenant.

What division, sir?

The Central Services Division, the Bureau of Staff

Services,

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84

How long have you been a police officer?

26 years.

How long have you been a lieutenant?

Seven.

Prior to that where were you assigned, sir?

I wa: assigned to the Homicide Division for thirteen

Were you a sergeant in the Homicide Division?

I was, for about four months or five months.

You were, prior to that, a detective?

Yes,

In the Homicide Division?

Yes.

Directing your attention, sir, to the morning of

October 29, 1958, did you have occasion to participate in

the arrest of James Monroe?

A.

Q.

I did.

Will you tell us, sir, regarding that arrest, what

transpired prior to the arrest?

A.

Well, I was working the midnight shift and I came

to work shortly before midnight, and I was informed that

we had to meet Chief Pape, Deputy Chief Pape at that

time, and go and pick up a man by the [84] name of

Monroe, whose picture was identified in the B. of I.

>OPO>O

Was there a partner with you?

Yes, Patrick Conway.

All right. Did you proceed to make that arrest!

Yes. We met Chief—

Go ahead, sir.

Yes, sir. We met Chief Pape and we proceeded to

the wlibtens.

Q. Where did you meet Captain Pape?

A.

It was on 12th Street. I don’t know whether it was

12th and Trumbull or—to my best recollection, 12th and.

Trumbull or St. Louis, I’m not positive.

Bae str

85

Q. Who was present besides you and Captain Pape and

your partner, Conway?

A, There were Howard Felker, John Higgins, Prunckle

and MeMahon.

Q. Were these all members of the Homicide Division?

A. Yes, sir.

Q. Did you proceed from there—

A. To the home of James Monroe.

Q. All right. Will you tell us how entrance was [85]

gained into the home?

A, Well, Chief Pape and Detective Gerry Sullivan and

nyself and John Higgins went to the back door.

The other men—my partner, Pat Conway, I think was

stationed in the alley or in the back yard, and others were

deployed around the house, stationed around the building.

When we got to the back door, Chief Pape rapped on

the door and shortly thereafter a young boy came, put the

light on in the kitchen and Chief Pape told him that we

were the police and showed him the star, and he was ad-

mitted, he and Gerry Sullivan.

They went in and shortly thereafter Chief Pape—the

light went on in the front part of the apartment and Chief

Pape called myself and John Higgins in and when we got

in, Monroe was standing in the parlor.

[86] Q. Who was with Mr. Monroe in the parlor at that

time?

A. Chief Pape.

Q. How was Mr. Monroe dressed?

A. To the best of my recollection, I think he had a pair

of shorts on, and a T-shirt.

Q. Was he thereafter given any clothing?

A. Yes, he was, shortly thereafter.

Q. What transpired after that, sir, if you recall?

A. Well, there were a number of children there. How

many, I don’t know, but they were running back and forth

oe

oer Se eee ws ele ee ee Basa ae .

86

in the house, and there was a little disturbance on their

part, but other than that, Monroe was given his Clothes ang

he was informed that his picture had been identified, The

total time we were there, I imagine, was about ter minutes,

and we left.

Q. Was Mr. Monroe informed that his picture had been

identified in connection with a murder?

A. That I don’t recall. I don’t think so, I think it Was

in connection with a robbery, I think that he was told.

[87] Q. Is there something about good police work that

you would not tell him that he had been charged with a

murder at that time?

A. Certainly.

Q. Did you see Mrs. Monroe?

A. Yes, sir, I did.

Q. How was she dressed?

A. When I came in she had a blanket or something

wrapped around her. Later on, I believe she had a robe on.

I don’t know where she changed or how she changed, but

when I saw her first, she had a blanket Wrapped around

her.

Q. Incidentally, Officer, did Mrs. Monroe change into

her robe in front of any police officer?

A. Not that I know. I didn’t see her change.

Q. Did you see any police officers conducting any search

of the apartment?

A. I was stationed in the parlor with John Higgins. |

didn’t see anything in any of the rooms. When we came in

we stayed in the parlor, Higgins and I, with Monroe.

Q. Did you hear any of the conversation of the [88]

children directed toward the police officers?

A. To the best of my recollection, it wasn’t good lan-

guage. They were calling us names and nastv words.

Q. Did Mr. Monroe use any language like that?

A. He was talking, but I can’t recall exactly what he

87

said, but he was talking fairly loud, but what he said I

can’t recall, exactly what he said.

Q. Did you hear any language of Mrs. Monroe?

A, Well, she was abusive, yes.

Q. Was Mr. Monroe placed under arrest?

A. Yes, he was.

Q. How was he dressed when he was placed under

arrest?

A. He had a pair of dark blue pants on. They looked

like work pants. They had either paint or plaster or some-

thing on them, and he had a dark jacket. He was given

his shoes, and that’s when we left.

Q. Was he placed in a squad ear?

A. Yes, he was.

[89] Q. Did you accompany him in that squad cart

A. No, sir.

Q. Now, Lieutenant Sullivan, were there thirteen police

officers involved in this arrest at Mr. Monroe’s house?

A. No. There were only the men IT meptioned.

Q. About eight?

A, Myseif and Conway, Higgins and Felker, Prunckle

and MeMahon, Chief Pape and Jerry Sullivan,

Q. About eight?

A. Eight.

Q. You were investigating a murder?

A. We were assigned to this. T didn’t take part in the

original investigation, but the men that had been assigned

to it asked us to make this arrest and we came to work.

Q. This arrest was being made in connectian with a

robbery ?

A. That’s right, yes.

Q. This gentleman was one of the accused?

A. That’s right.

Q. Did you see any police officer break through [90)

two doors to gain entrance to the apartment?

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88

A. No, sir. The door was opened for us.

4. Did you see any police officer break through one

door to gain entrance to the apartment?

A. No, sir.

[91] Q. Did you see any police officer wake the Monroe

couple with flashlights?

A. No; absolutely not.

Q. Did you see any police officer force either of the

Monroes at gunpoint to leave their bed?

A. No.

Q. Did you see any police officer force either of the

Monroes at gunpoint to stand naked in the center of the

living room?

A. No, sir, absolutely not.

Q. Incidentally, Lieutenant Sullivan, did you see either

of the Monroes at any time without clothes on?

A. No.

Q. Did you at any time see any police officer point a

gun at either of the Monroes?

A. No.

Q. Did you see any police officer rouse any of the Mon-

roe children?

A. No, I didn’t. I was in the parlor. I didn’t see any

of it.

Q. Did you see any police officer herd the six Monroe

children into the living room?

A. No, no.

[92] Q. Were the children free to move about?

A. They were moving about very freely,

Q. Was there any police officer in charge of the chil-

dren?

A. Not that I can recall.

Q. Was there any police officer in charge of Mrs.

Monroe?

A. No, sir.

Pees eA

sok ae

89

Q. Did you see Captain Pape strike Mr. Monroe several

times with his flashlight?

A. No.

Q. Did you see Captain Pape strike Mrs. Monroe on

one occasion with his flashlight?

A. No, sir.

Q. Did you hear Captain Pape call Mr. Monroe

“nigger’’?

A. No.

Q. Did you hear Captain Pape call Mr. Monroe ‘black

boy’’?

A. No.

Q. Did you see any police officer push Mrs. Monroe?

A. No, sir, I did not.

Q. Did you see any police officer lay a hand [93] on

Mrs. Monroe?

A. None whatsoever.

Q. Did you see any police officer hit any of the Monroe

children ?

A. No, sir.

Q. Did you see any police officer kick any of the Monroe

children ?

A. No, sir.

Q. Did you see any police officer push any Monroe child

to the floor?

A. No.

Q. Did you see any police officer ransack any room in

the house ?

A. No, sir, I didn’t,

Q. Did you see the police officers ransack every room

in the house?

A. No, sir.

Q. Did you see the police officers throwing clothes from

the closets to the floor?

A. No, sir.

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90

Q. Did you see the police officers dumping drawers}

A. No.

Q. Did you see the police officers ripping [94] mat.

tresses?

A. No, sir.

Q. Incidentally, how long were you in the Homicide

Division?

A. Approximately 13 years.

Q. You left that Division?

A. After I was promoted to Lieutenant.

Q. The date or the year of that?

A. That was January of ’61.

Q. Since then you have been where?

A. Well, I was assigned to the 8th District for a short

time till January—I was promoted October 1 of ’61. I beg

your pardon. I left the 8th District January 13th and I

was assigned to the Chief of Patrol as an aide and as aq

liaison between the Patrol and the Detective Division, |

remained there until November of last year, a year ago last

November, about 14 months ago, and I was then assigned

as the commanding officer of the Auto Pound Division, the

Bureau of Staff Services. That’s where I’m stationed nov,

Q. You are commander of the Auto Pound District,

Bureau of Staff Services at the present time,

A. That’s right.

[95] Mr. Kaveny: Thank you, sir. I have no further

questions.

The Court: You may cross-examine, Mr. Reuben.

Cross-Examination by Mr. Reuben.

Q. You had no search warrant when you went to the

Monroes’ house or apartment, did you?

A. No, sir.

Q. You were informed that you were going to arrest a

man who had been accused of murder, correct?

91

That’s right?

You were armed?

I was armed?

Were you?

Yes, sir, yes.

All the officers were armed, I take it?

Certainly.

Was Mr. Monroe a colored gentleman?

Yes, he was.

Q. Mrs. Monroe was a colored lady?

Yes, sir.

This was just a very mild treatment of the Monroes

when you went into the house of an accused murderer, is

that correct?

Mr. Kaveny: Objection, your Honor. That is a charac-

terization.

The Court: Objection sustained.

Mr. Reuben: I will withdraw the question and rephrase

it, your Honor.

By Mr. Reuben: Q. When you went to the Monroes’

apartment, you thought you were arresting a man who had

committed a violent crime, correct?

A. Yes. He was accused of murder.

The Court: Will you please speak up, sir, so that all

members of the jury can hear you.

The Witness: Yes, sir.

By Mr. Reuben: Q. It would be customary to make an

extensive search of the house of such a person, would it not?

A. Ordinarily we would search, yes.

[97] Q. It would be customary to be pretty firm in your

treatment of such a person, would it not?

Mr. Kaveny: Objection, your Honor, as to what was

customary,

The Court: He may answer, if he knows what was usual

and customary.

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By the Witness: A. Normal procedures. If we take a

man into custody, we make sure he’s in custody. There is

no difference in any arrest. The arrest is the same.

By Mr. Reuben: Q. You mean that you would treat

a person that you were arresting for disorderly condue

about the same way that you would treat a person that you

were arresting who was charged with murder?

Mr. Kaveny: Objection, your Honor.

The Court: Objection sustained.

Mr. Reuben: No further questions.

[98] Redirect Examination by Mr. Kaveny.

Q. Lieutenant Sullivan, in October of 1958 you had beer

in the Homicide Division for some time?

A. Yes, sir.

Q. You had been in the Homicide Division for some

time after October, 1958?

A. That’s right.

Q. Was the arrest of Mr. Monroe and the procedures

followed any different than the procedures followed in

arresting anyone accused of murder?

A. No, sir. They were normal operating procedures,

We were following departmental rules and regulations,

Mr. Kaveny: No further questions.

Recross Examination by Mr. Reuben.

Q. When you arrest a murderer, do you look for a

weapon?

A. Ordinarily we would, yes, sir.

Q. Do you take more precaution than you would [99]

with a person who was charged with a lesser crime?

A. Well, when you arrest a man you have to take

normal, ordinary precautions, not only for your own life

but to maintain and keep the man in custody. The same

Po REECE S esters on, —

93

precautions are standard operating procedures, whether it

be for robbery, murder, burglary, and so forth.

Q. All of the felonies?

A. That’s right.

Q. All of the violent crimes. Your procedures are

geared to deal with the person who may be violent, is that

not correct, Officer?

A. Yes, and—

Mr. Reuben: You have answered my question. Thank

you.

Redirect Examination by Mr. Kaveny.

Q. Were you going to finish your answer to Mr.

Reuben’s last question, Officer?

The Court: Did you finish your answer, sir.

(100] By the Witness: A. I was going to say that a

man arrested for disorderly conduct could be just as dan-

gerous to us, to our own lives, and the police officers’ lives,

as aman arrested for murder.

Mr. Kaveny: No further questions. Thank you.

The Court: All right. Thank you, sir. You are excused.

(Witness excused.)

The Court: You may call your next witness, Mr. Kaveny.

Mr. Kaveny: May I have a sidebar discussion, your

Honor?

The Court: Do you want the reporter?

Mr. Kaveny: No.

(There was discussion between court and coun-

sel at sidebar, out of the hearing of the jury,

which was not reported.)

(101) (The witness was thereupon duly sworn.)

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94

FRANK W. PAPE, the plaintiff herein, called as a Witness

in his own behalf, having been first duly Sworn, was

examined and testified as follows:

Direct Examination by Mr. Kaveny,.

Would you state your name, please.

Frank W. Pape.

What is your rank in the Police Department?

Captain of Police, Traftic Division.

How long have you been in the Police Department!

A. Thirty-three years.

[162] Q. In October of 1958 you were Deputy Chief

Detective?

A. Iwas.

Q. On October 27, 1958, did you have occasion to par-

ticipate in the investigation of Mr. Saisi’s murder?

A. I did.

Q. Did you interrogate Mrs. Saisi?

A. I did.

Q. Did she describe to you the assailants of her

husband?

A. She did.

Q. Would you tell us how she described her assailants?

A. She said that there were two colored men who had

shot and killed her husband in the basement of her home,

and that while both men were tall, one was exceptionally

tall, that he was so tall that his head almost struck the

ceiling of their basement. We measured the height of

that basement. It was approximately six foot two. In

other words, the gentleman she described would have been

over six foot two in height.

[103] Q. Did she give you any weight that the men

might be?

A. He was a well-built man, and along with the murder

erere

95

of her husband, she stated that these two men had taken

some White shirts from the closet, and she had one white

shirt that had been left behind and it had a trade name on

it, which we took.

Q. Did you participate in the arrest of James Monroe

on October 29, 1958?

A. I did.

Q. Who were the police officers who were with you at

that time?

A. The seven police officers who testified here previ-

ously.

Q. Would you describe to us, sir, how entrance to the

building was obtained?

A. I proceeded to an area close to this home at 1424

Trumbull Avenue. I met the officers who were so assigned

to this investigation. They were not assigned by me; they

were assigned by Sergeant Cagney who testified here, and

when we got to the area, the place of appointment, we went

to the home at 1424 South [104] Trumbull Avenue.

Earlier that morning, prior to meeting the officers, I

assigned two of them to go to 1424 Trumbull Avenue for

the purposes of seeing what type of a structure this was.

They reported back to me that it was a large building

containing many apartments, and I believe we had previ-

ous information that Monroe resided in the basement

apartment on the south side of this building.

Q. Prior to that arrest, sir, were you given any infor-

mation regarding this gentleman?

A. Officer MeMahon and his partner came in to me and

said they had been assigned by Sergeant Cagney to make

an arrest of one person, James Monroe, whose picture had

been identified by Mrs. Saisi as having been one of the two

men who had murdered her husband. They presented me

at that time—I asked if they had any picture, and they

showed me a picture of this gentleman. I asked if he had

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any criminal background, and they gave me his criminal

record. I scanned both of these things and then passed

them back to the officers.

[105] Q. What time of the day was it when this arrest

was effected?

A. Approximately six a.m. on the morning of the 29th,

Q. How did you post your police officers?

A. I posted several of them outside of the building,

I went to the back door.

Q. Who accompanied you into the house?

A. When we got to the back door, I knocked on the door

and there was a large glass on the door, and suddenly the

light went on in the kitchen, and a small boy—when the

light flickered or went on, I saw the small boy standing in

the middle of the kitchen. I said that we were police officers,

and asked if James Monroe lived in that apartment, and he

said he did.

In the meantime, I said ‘Will you open the door?”’ The

young boy opened the door, and I said, ‘‘Where is James

Monroe?” and he said, ‘‘Up in the front bedroom.”’

I proceeded to the front bedroom with my partner and

driver, Jerry Sullivan. As we got into the bedroom [106]

I had a flashlight in my hand. I don’t recall—a light was

turned on. I don’t recall whether I turned on a flashlight

or whether someone turned on a light in the bedroom.

As I proceeded toward the bed in which these two people

were sleeping, I kicked something accidentally and I looked

down, and it was two quart beer bottles. I believe when

I kicked these beer bottles this aroused the occupants of

the bed, and they looked up at me, and I said, ‘Are you

James Monroe?’’? And the man answer, ‘‘ Yes,’’

I said, ‘‘We want to talk to you; get out of bed,’’ so he

got up and I put him in custody of Officer J erry Sullivan,

who testified here, and we walked out to the living room of

this apartment. In the meantime—

97

(107; @. Hlow was Mr. Monroe dressed when he was

brought into the living room?

A. He was wearing a pair of shorts, and a T-shirt.

Q. Did you accompany Mr. Monroe into the living

room ?

A. I don’t recall whether I did or not.

Q. Was Mr. Monroe given any other clothing?

A. He was given a pair of dungaree pants to put on,

and I noticed a white substance on the pants, and I said,

“Are you a plasterer?’’ And he said, ‘‘ Well, I do plaster-

ing part-time. ’’

Q. Where was Mrs. Monroe at this time?

A. Mrs. Monroe was in the bed.

Q. What did you do after Mr. Monroe was taken out

of the room?

A. I went back into the bedroom and I began looking

inte a closet for the shirts that were described as having

been taken in this robbery and murder.

Q. Who was in the bedroom besides you and Mrs.

Meroe?

A. To the best of my knowledge, I was looking into this

closet, and the only one that may have been [108] in the

room with me was Mrs. Monroe.

Q. Was your driver in the room at that time?

A. He may have been there; I don’t know. I know he

was in the room at some time.

Q. After you completed that part of your search, what

did you do?

A. While I was looking into this closet, Mrs. Monroe

said to me, ‘‘Will you step out of the bedroom so I ean

get up?”’ And IT said, ‘‘It isn’t necessary for you to get

out of hed, but if you wish to do so, just wrap the covers

around you and get out.’’

Well, I paid no more attention to her, and I continued

looking into this closet. There was some soiled clothing on

of

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98

the floor, such as may have been underwear and shirts of

one sort and another, and I looked at these things. In the

interim some children had awakened and they were ru.

ning abvut the apartment, and then Mr. Monroe was speak.

ing in a very loud voice and complaining that it would

upset his neighbors that [109] we were in his home, and I

said to Mr, Monroe, ‘‘ Your neighbors won't know we were

in your apartment if you will just lower your voice. You're

the one who is making all of the noise here.”

He said, ‘‘ Well, what am I being arrested for?” And I

said, ‘Your picture has been identified in a robbery,” and

he said, ‘‘T haven’t been involved in any robbery.”

It was shortly thereafter when we were taking him from

the apartment, and he said, ‘‘Can I change my clothes?”

And I said, ‘‘No,’’ I said, ‘‘I don’t think that would be

necessary. You may only be gone a short while and you'll

be back.’’

We then went out of the apartment, and after we took

him out of the apartment, handeuffs were placed on him

and he was put into a squad car and transported to the

Detective Division.

Q. Captain Pape, after he was placed in the squad car,

did you ever see Mr. Monroe again?

A. Never saw him until several years later. I never

saw him before that.

[110] Q. Did Mrs. Monroe get out of bed?

A. After speaking to Mrs. Monroe, the next time I saw

her she was standing in the long hallway just adjacent to

this bedroom, and it seems to me that she may have had a

hathrobe on, so sometime during the time T was in the

closet she apparently must have gotten from bed.

[111] Q. In whose custody was James Monroe—strike

that.

In whose custody was James Monroe conveyed from the

bedroom to the living room?

99

A. I believe it may have been my driver, Jerry Sulli-

van’s.

Q. In whose custody was he in the living room?

A. The second Jerry Sullivan.

Q. Did you hear any of the conversation of the chil-

dren?

A. Yes.

Q. Would you describe it for us, please.

A. Well, the children were running about the apart-

ment shouting obscenities at us, and I said to Mrs. Monroe,

I said ** Would you ask your children to step into the—go

into the back of the apartment there? We don’t want any

problems. ”’

I don’t recall whether she complied with my request

or not.

Q. Iam sorry. Did the children go to the back?

A. I don’t know.

[112] Q. How many children were there, if you recall?

A. Well, it seems to me that there were five or six

children.

Q. Do you know their ages, generally?

A. I would say there was one young child, there may

have been another one about eight or nine, and then the

others were teen-agers.

Q. How long, Captain, were you in the apartment?

A. Roughly, about ten minutes.

Q. Now, Captain, were there thirteen police officers

with you when you made this arrest?

A. No, sir, there was not.

Q. You were, though, investigating a murder?

A. That is correct.

Q. And you were making an arrest in connection with

a murder?

A. That is correct.

Q. Of supposedly the assailant?

100

A. The assailant of Mr, Saisi.

[113] Q. Now, did you, in gaining entrance, or your

police officers, in @ ning entrance to this apartment, break

through two doors?

A. No, sir.

Q. Did you break through one door?

A. No, sir.

Q. Did you wake the Monroe couple with flashlights?

A. Not to my recollection. I don’t know about that,

Q. Did you or any of your police officers force either

Mr, or Mrs. Monroe to leave their bed at gunpoint?

A. No, sir,

Q. Incidentally, were any of the police officers’ guns

drawn?

A. Well, mine wasn't. I can’t speak for the others, |

don’t know.

Q. Did you keep your gun drawn at all times?

A. No, I did not have my gun drawn.

Q. Did you replace the gun in the holster?

A. I don’t wear a holster.

Q. Did you replace your gun?

{114} A. I carry my gun in my pocket.

Q. Did you replace it in your pocket?

A. I didn’t have my gun out.

4). I am terribly sorry, sir. I misunderstood you. You

did not have your gun out?

A. No. I did not draw my gun.

. At any time?

A. No.

Q. Did you see any other?

A. I did have my hand on it.

Q. In your pocket, though?

Q. Did you point that gun in the pocket at the Monroes?

A. No.

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101

Q. Did you see any police officer with his gun drawn?

A. No, not to my recollection.

(115] Q. Did you see any police officer at gunpoint force

either Mr. or Mrs. Monroe to leave their bed?

A. No, sir.

Q. Did you see any police officer force either Mr, or

Mrs. Monroe or both to stand naked in the center of the

living room?

A. No, sir.

Q. Did the police officers rouse the Monroe children?

A. No, sir.

Q. Was any police officer detailed to take care of the

Monroe children?

No.

Were the children free to move about?

Yes, they were.

Was Mrs. Monroe free to move about?

Yes, she was,

Was any police officer detailed to keep her in eus-

tody?

A. The only person that wasn't free to move about was

Mr. Monroe.

Q. Did you observe any police officer herding the Mon- 7

roe children into the living room?

A. No.

(116} Q. Did you, sir, strike Mr. Monroe with your

flashlight ?

No, sir.

Did you, sir, strike Mr. Monroe with any instrument?

No, sir.

Did you strike Mr. Monroe with your fists?

No, sir.

Did you put any hand on Mr. Monroe?

No, sir.

102

Q. Did you, sir, call Mr. Monroe, during the course of

this transaction, ‘‘nigger’’ or ‘black boy’’?

A. No, sir.

Q. Did you observe any officer pushing Mrs, Monroe!

A. No, sir.

Q. Did you observe any police officer hitting any of the

Monroe children?

A. No, sir.

Q. Did you observe any police officer kicking any of the

Monroe children?

A. No, sir.

Q. Did you observe any police officer pushing any of the

Monroe children to the floor?

[117] <A. No, sir.

Q. Did you observe any police officer ransacking any

room in the apartment?

A. The only search made of the room was a normal

search, looking for the possibility of a Weapon or these

shirts that I had related here.

Q. Did you observe any police officers making a search!

A. The only one whose search I can account for js my

own. I wasn’t observing what the men were doing.

Q. In making your search, what did you do, sir?

A. I went to this closet where there was some clothing,

not too many articles of clothing. Some were hanging and

some were on the floor.

Q. What did you do with them, sir?

A. I looked at the labels of the clothing, of whatever

shirts were in this room, or were in this closet, and there

may have been only one or two of them. As a matter of

fact, the apartment didn’t have too much in it.

Then I looked at the soiled clothing which was lying on

the floor of this closet, which only was several [118]

articles.

103

Q. Did you withdraw any of this clothing from the

closet? é

A. No. 1

Q. Did you move any of it about?

A. No.

Q. Did you observe any police officer throwing clothing

from the closet?

A. No.

Q. Did you observe any police officer dumping drawers?

A. No sir. '

Q. Did you observe any police officer ripping mattress

covers? :

A. No, sir. }

Q. You are presently a Captain of Police? :

A. That is correct.

Q. In 1958 you were Deputy Chief of Detectives?

A. That is correct.

Q. How long were you Deputy of Detectives? :

A. A little over two years, until I was promoted to ;

(Captain. :

Mr. Kaveny: No further questions.

The Court: You may cross-examine.

[119] Mr. Reuben: May I begin in the morning, your

Honor?

The Court: What is that?

Mr. Reuben: May I begin in the morning?

The Court: Let’s proceed until four-thirty, and then

you ean continue in the morning.

Mr. Reuben: All right.

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Cross-Examination by Mr. Reuben.

Q. You have not been continuously 33 years on the

police force, have you, on active duty, have you, Captain?

A. Well, actually, I eliminated the time that I have

been away from the Department. ;

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104

Q. I see.

A. I have been on the Department 36 years,

away for four years.

Q. Where did you go?

A. To Arlington-Washington Park, Speciatized Map.

agement Services, as the Director of Security.

[120] Q. You worke? for the race track for many years,

sir?

A. Four years under contract.

Q. Then you returned to the Police Department?

A. That is correct.

Q. What were those years?

A. I went to the Specialized Management Services in

May of—April, I believe, or May of 1961, and I returned

to the Police Department in May of 1965.

Q. So that you were working for Arlington Park at

the time that Time Magazine’s article that you are suing

over here appeared on the stands, is that correct?

A. That is correct.

Q. Now, you said that you did not see Monroe unt]

several years after 1958.

A. Correct.

Q. When was the next time you saw him?

A. Ina court room in the old building across the street.

Q. You mean in the Federal Court Building?

A. Correct.

[121] Q. In the Federal Court House that has now been

torn down?

A. That is correct.

Q. Is that your testimony?

A. That is correct.

Q. And that is when Mr. Monroe was suing you under

the Civil Rights Act in the Federal Court, correct?

A. That is correct.

Q. He recovered a judgment against you, did he not?

A. A small percentage of what he sued us for.

I was

105

Q. Was he the only one who obtained a judgment

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Appendix — Time, Inc. v. Pape · 401 U.S. 279 | Frix