# Appendix — Time, Inc. v. Pape > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0239%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1971 - **Citation:** 401 U.S. 279 ## Text ——~¥~¥“¥—§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. ae ae I 1 RP ee Abaya his 8 —- Bi 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 : t - dg ae Sad run Dakace® Ciera. oe . YS eee e rs ii 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 we. ha & ee a iv 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 ; oo | PPAF RE SS a ale de SOLD Sg NP OIL ed Lp APE MAE ee FZ APL AB ih ps ead a a ee . RA he Pi TSIEN Rate Sina eae pre ee OS REET SES ON = RB 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 i i ; ; ate” Sh. SER ae — | FIO FIFO OS BSR GN ALSO ERE EERE MES RT gee 8 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 = — — _ 3 SRE SRR RR acne re ORIN AT EEE OH eY oa es EEE : 0b ETON SPECS Rone HS oe 7 - | 9 : 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 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 i ees ee | VIIA OT SOL AL READ ALE TIO LE IM LEN MDE BILLIE POH SEAR PAI aE GN Se LPNS PAT OF De SR RA eB 3 - ‘4 = ‘ “ if § 2 a» xy = t %: 2 § 52 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 On he ee ee Se ee mk ae, 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. —_ ESLER TE ES I TNE 2 EMR 4 vans. i os st c ae a a ae et ESE FIA TPE ERLE TORR SER | tee a, PRT 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. a ek B EE stele ie a Pree tae oS 65 Sp aed Fee LOL TRING OM eee ee eee ee bee ¢ 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 Pe ET BV E PPT OPERA PITRE NETTIE CAME TALE AO LE Set ues See gos 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 Ororererer ERE EE LOIRE “ASR SPT as OTS we ict UREN DA BAA Nie ATE ATY NLL PH oe veiw ee 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] S So ERLE NYPL MEN EEE LENT LED IIE ICDA BOE I ORS I 4 t \ sag ye PFOPOoPES years. © OPore> 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? OI SEO PMGL LA NOL Toye SRI PEABO GOT POPP et PLUGS a 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. ‘% Di Soll Ea lh dy On La Ea = PPE ALLER YL BE ATILE ALOE LE LS TEL ONENESS ISITE LE GNI, ae Me 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. OPrpSrorererer i GLP EOL ELNGE LIEGE AT ESTOS NE SEGA OLE LEYS IEEE MEFE Sak Se 2 PES A hoa OT er Bee a a ERATE RASS aS Sy sent BAER INP He LO OA 92 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.) * ' [ E : t & a : ' i ; ; F ah TRAE TRACI RH Ni PPA TL SERN 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 ; > DEOL ERP L ERNE GEESE ALGER TLRNMEE RIEL LEGS LEIBA ELE LENE LESSEN BEGAN SOE ELLY MALES OSI DELI IL IO pa - © POE ees 96 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 —_— tee BI Sey 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. * Perey ae TR ey, eR ENR 7 Apdo MIME ERE ee ERE RMR UI HE wo SEO eT ee ee Sree eS 116 Mr. Kaveny: Objection, your Honor. The Court: The objection is sustained. [141] By Mr. Reuben: Q. What was the next thing that happened so far as you know? A. After when? Q. After you were told that Mr. Monroe had been iden. tified by Mrs. Saisi as one of the murderers? A. At the time I was told that, I was in my office. Q. Yes, sir. What did you do next? A. I then instructed the officers who relayed this jp. formation to me to go to the home some time between may- be midnight that evening and 5:30 or four o’clock the next morning for the purpose of determining the premises where Mr. Monroe lived, as to what kind of structure it was, Q. Kind of a reconnoitering or a reconnaissance sort of thing, is that right? A. No, I wouldn’t explain it as that. Q. What were the officers that you wanted to go to the Trumbull—to the Monroe apartment—to do? A. To see what kind of building he lived in, what [142] the structure was like. Q. What was the purpose of that? A. To determine how it would be—how many men might be necessary to cover it, and the manner in which it should be covered. Q. How many officers in fact went? A. Went where? Q. To the apartment. A. Well, when? Q. On the reconnoitering—to look the apartment over! How many officers went? A. You mean to obtain this information? Q. Yes. A. Two officers, to the best of my knowledge. i THERESE eae CPOE Se RT EE eS Pere we Ss PS LS a A BS AES ETS REE ER OT Me 117 Those were homicide officers? That’s correct. Were you told at the time who they were? I am quite certain I know who they were. Did they subsequently report back concerning their observations at Mr. Monroe’s apartment? (143] A. Yes, they did. I don’t recall whether it was in person or by telephone. Q. About what time was that? A. I wouldn’t recall. That was eleven years ago. Q. Would we be dealing, then, with the morning of the 29th? A. I would say so. Q. Would you say it was—well, how many hours before you went to the Monroe Apartment? Can you fix it? A. I couldn’t remember back as to when they called me or when they reported back to me. Q. What was the report? A. The fact that it was a three-story brick building and contained many apartments. Q. What did you next do in connection with the pro- posed arrest? A. I believe I told these men that I would meet them in the vieinity of Roosevelt Road and St. Louis Avenue at about six a.m. in the morning. Q. The two men that called and reported— A. The two men that reported, plus the other [144] four officers that testified here in this ease. Q. Who assigned the other four officers to rendezvous at St. Louis and Roosevelt? A. Cagney, Sergeant Cagney, who testified. Q. Did you know that four more officers were going to meet as well as the two and yourself? A. I believe I did, to the best of my recollection. [145] Q. So that when you started out, you started out— Q. A. Q. A. Q. ‘ j RSS re RES eee ITM ge S Rae - Se a | OREN RE RH SILOM oe Bee HBTS VRE eA Ag SR ee COO 118 when you started out to the Monroe apartment, you Started out with knowledge that eight police officers would be jp. volved in the arrest, is that correct? A. Six officers, plus myself and my driver, Q. Or a total of eight? A. Ora total of eight. Q. Six and two make eight? We can agree on that. How were you dressed that morning? Frankly, I don’t remember. This was eleven Years Did you have a coat on, civilian clothes? I was in civilian clothes, yes. Did you have a trench coat or overcoat? I may have. I don’t remember. What was the weather like that day? It was rather cool, as I recall. Was it foggy or clear? Well, I don’t remember that. Was it raining or precipitation or snow? I don’t remember that. . How was your driver dressed? [146] ee an LG GND Ge LOE, FCP, PODS RI 136 A. I can’t speak for Sullivan. Sullivan was behind me. Q. Where were the other two officers? A. To the best of my recollection, they remained a the rear door. Q. You mean the two that accompanied you in? A. Right. Q. Did you look over your shoulder to see them? A. No. Q. Did they hold the boy at the rear door? A. I couldn’t say anything about that. I did not see them. [179] Q. Was the bedroom the first door up the hall, or were there other doors before you got to the bedroom? A. To the best of my recollection, there was a door right off the kitchen to the left as we entered, and then up this long hall at the end of this long hall, as you ap. proached the dining room, there was another door, and this is the bedroom where Mr. and Mrs. Monroe were. Q. So there was a doorway on your left— A. To the best of my recollection. Q. This is pretty important. As much as you could remember would be very helpful, Captain. A. This is eleven years ago, Mr. Reuben. Q. Did anybody go to that left door? A. I couldn’t say. The boy indicated that Mr. Monroe was up at the end of the hallway. Q. Weren’t you concerned that somebody in that left doorway might have come out of there and let a shot loose? A. Well, you are always concerned. Q. What precaution did you take? A. I didn’t take any precaution. Q. So your testimony is that you rushed right [180] to the door indicated by the boy and didn’t look at any other doorways? A. That’s correct. 137 Q. And didn’t see who was in any other doorways? A. I was with three experienced other officers, with great experience, and they possibly may have watched the other bedroom. I don’t know. Q. Wait a minute. I am confused now. I thought the two officers remained in the kitchen. That was your testimony just a moment ago, wasn’t it? A. Yes. That’s correct. Q. Then who was going to protect your flank, as you went up the hall, from that left-hand doorway? A. The doorway was right at the kitchen, Mr. Reuben. The doorway was right at the kitchen, the place we first entered. Q. So that you had police officers who were going to wateh both the kitchen and that left-hand doorway, is that it? A, I assume they are experienced men. They have been on this type of investigation before, and they know their business. Q. You don’t know what happened, is that your testi- mony? [181] Mr. Kaveny: Objection. By Mr. Reuben: Q. As to observing of that left-hand door? The Court: He may answer. By the Witness: A. I wasn’t watching the door. I was on my way to the room where Mr. Monroe was. Q. Let me ask you a question: Were there people in that left-hand doorway? I believe later there were some children in that area. I mean when you went up the hall, the first time. I don’t know. To arrest Monroe. T don’t know. So there might have been? A Q. A. Q. A. Q. fen on | erent 138 A. There may have been, yes. Q. You never looked to see, is that your testimony? A. Yes, sir. Q. You were satisfied to go where the boy had indi- cated without looking to the right or to the left? Ts that your testimony? [182] A. I was satisfied that the men who followed me would cover me. Q. You were in front of them? A. That’s correct. Q. Now, there was a doorway to the left. Was the bedroom the next doorway? A. I don’t remember exactly. I know there was 4 doorway on the left right off the kitchen, and then there was another doorway up at the end of the hall which led into the bedroom where Mr. and Mrs. Monroe was. Q. Was there any other doorway besides the door on the left between the kitchen and the Monroe bedroom? A. It seems to me there was a closet door on the right, but IT am not certain of that. [183] Q. Did you look in that closet? A. Not I, no. Q. On the way up, did you look— A. No. Q. Did you know whether that was a room or a closet as you went up the hall to arrest Monroe? A. I didn’t know. Q. So that you just went very hurriedly up to the Monroe bedroom, is that correct? A. That’s correct, sir, The way I had indicated. Q. At the time you didn’t know it was Monroe’s bed- room? A. Oh, yes. The boy told me that was his bedroom up at the end of the hall. Q. I thought the boy just pointed. What did the hoy 139 say? ‘That is James Monroe’s bedroom up at the end of the hall there’’? A. Mr. Reuben, I think I stated that the boy either led us to this room or pointed to the room. Q. But you now said the boy told you that that was Mr. Monroe’s bedroom. I am asking you to give [184] that conversation. A. I said that before, that the boy told us Mr. Monroe was at the end of the hall in that bedroom, or he led us to it. Q. You are not sure now whether the boy told you it was a bedroom, is that it? A. Well, he somehow or other got to us that Mr. Mon- roe was in that bedroom. Whether he led us, or whether he told us, it was the first place we went looking for Mr. Monroe, and he was there. Was the door closed, or was the door open? To the best of my recollection, it was open. What did you do? Stepped into the bedroom. Stepped into the Monroes’ bedroom? Correct. Was there somebody behind you? Jerry Sullivan, I believe. I wasn’t looking to see who was behind me. I was looking to see who was in front of me. Q. So it could have been somebody else. [185] A. No. I was sure it would be a police officer. POP OorP oro Q. Did you hear footsteps behind you? A. I wasn’t listening for footsteps. Q. You weren’t? A. No. Q. When you went into the Monroes’ bedroom with Jerry Sullivan behind you, what did you have in your hands? Pde St FET: 140 A flashlight. Did you have your hand on your gun? Right, sir. Was the room light or dark? When we went to the bedroom, it was dark, What did you do? I may have turned my flashlight on. I don’t remem. ber. Or the light may have been turned on hy the boy who accompanied us, Or it may have been turned on by Sulli- van, I don’t remember, Q. If the boy accompanied you? A. If the boy accompanied us. rorere>r Q. He is a kind of man or boy in motion. [186] Mr. Kaveny: Objection, your Honor. The Court: The objection is sustained. Mr. Reuben: I withdraw it. By Mr. Reuben: Q. What did you see in the bedroom? A. Two persons lying in bed, when the light was turned on. Q. Were they lying face down on the pillow, face up, or what? A. Face up, to the best of my recollection. Q. Did you recognize anybody in the bed? A. I think T recognized Monroe from the picture. Q. Could you tell immediately whether the other person Was a man or a woman? A. Yes. Q. In that instant second? A. I would say so, sir. Q. Was Officer Sullivan behind you? A. He was in the room. Q. He was with you? A. Right. The Court: We will take a five-minute recess, 141 (187) Take the jury to the jury room. (A brief recess was thereupon taken, after which the following further proceedings were had herein, in open court, in the presence and hearing of the jury:) {188} The Clerk: Case on trial. The Court; Are you ready to proceed, Mr. Reuben? Mr. Reuben: Yes, sir. The Court: Will the witness take the stand, please. FRANK PAPE, heretofore called as a witness in his own behalf, having been previously duly sworn, resumed the stand and testified further as follows: Cross-Examination by Mr, Reuben (Resumed). \. Before the recess we had you and Officer Sullivan in the Monroe bedroom, When you approached the bed, were the eyes of the people in the bed open or closed? A. I don’t know. Q. Did you approach the bed? A. As I walked toward the bed I accidentally kicked over these beer bottles, and maybe it aroused them. I don’t know. (. When you first saw them, were their eyes open or closed ? A. I don’t remember that. Q. You approached the bed with what in your hand? (189) A. Only a flashlight. Q. Did you stir the bed or—I will withdraw that. Which side of the bed did you approach, the left-hand, the right-hand or the foot or the head? A. As we turned into the bedroom the man was sleep- ing on the outside, the lady was sleeping on the inside, HORTA TNE ETI RNR PARR AE 142 His head was toward the west wall of the bedroom, Jy other words, they would be facing us as we came into the bedroom. Q. They would be facing you? A. That’s right. Q. Was the headboard against the wall? A. Well, I don’t remember that. They were facing ys as they lied in bed. Q. One side was against the wall? A. That’s correct. Q. Did you approach the foot of the bed or the right side of the bed? A. The right side of the bed from the doorway, Q. From the doorway you approached the lady’s side of the bed? A. No, no. The man’s side of the bed. [190] Q. I see. Where was Officer Sullivan, alongside of you? A. I wasn’t watching Officer Sullivan. Q. My question is: Do you know where Officer Sullivan was? A. Ido not, other than he was in that room with me. Q. When you approached the bed did you shake the bed? A. No, no. Those people were awakened either by us walking into the room, by the light or by my inadvertently kicking over these beer bottles, Q. You were coming in pretty fast, were you not? A. No. Q. You were walking in leisurely, is that your testi- mony? A. I would say cautiously. Q. Cautiously. You said that you went hurriedly up the hall. When did you change your speed? A. T said rather hurriedly up the hall. As we stepped 143 into the bedroom I myself, | would say, from normal police procedures, stepped in slowly. {191} Q. You stepped in slowly with your hand on the flashlight? A, With the flashlight in my hand, Q. I take it you had your gun hand ready in case you needed it, right? A. Thad my gun in my pocket with my hand on it. Q. Good. You went up to the foot of the bed, is that right, or to the right side of the bed? A. I went to the side of the bed to the best of my recollection. Q. How close to the bed did you get? A. I would say a matter of possibly—I didn’t get to the bed when the people were aroused, to the best of my recollection. Either the light, the bottles or our walking into the bedroom— Q. Did you finally get to the side of the bed, the right side? A. TI would say so, ves. Q. So you were right next to the bed, correct ¢ A. Well, T was in the room in the vicinity ef the bed. [192] Q. So you could look down? A. That’s correct, sir. Q. You looked down with your flashlight and with your hand on your gun, correct? A. I don’t reeall whether ny flashlight was on or not. Q. At any rate, your hand was on your gun and you looked down at these people? A. My gun was in my pocket, and T had my hand on it. T did not have a holster on, so that it was obvious to the occupants that T had my hand on a gun, (). It was? A. It was not, 4, — —_ 7 jun ei Mee ag est Bs Dts Wi kn eT ‘ LRA 2 es Net te ie se ; RS, h wt ~¥ 4 LOLOL IY BOOB POINOL BN LPR ESTE TICLES DORE BOND AE LO ALA OLAS LEO LIES ALIVE SLED OVE LDL GAS ILE LE ITN LEE IATD MELLEL ONS GI RPM 144 Q. It was not? A. They may have assumed that I did, but— Q. You had your hand in your right pocket, is that correct? A. That’s correct, sir. Q. Was the safety on the gun? A. The safety is always on a police gun. Q. Was it at that moment, sir? A. A safety is always on a police, an automatic safety, [193] Q. Isee. You could shoot it without releasing the safety, is that your testimony? A. Yes. Q. So your hand is in your pocket and you are right over them, is that it? A. My hand in my pocket. Q. You are right over them, and by that time they are aroused, is that right? Mr. Kaveny: Objection, your Honor. He asked two questions there. The Court: Objection sustained. By Mr. Reuben: Q. You get to the right side of the bed with your hand in your pocket, correct? Mr. Kaveny: I believe there are still two questions, your Honor. The witness has testified that he stepped into the room and the people were roused by the commo- tion or noise. We are getting two questions here, ‘You were standing by the side of the bed with your hand on your gun.’’ The Court: If he can answer, he may answer, [194] By the Witness: A. I don’t recall. I was in the bedroom. I had a flashlight in my one hand, the light was on, not the flashlight. It may have been the overhead light. I don’t know whether the flashlight was on or not. Thad my hand on my gun in my pants pocket. 145 By Mr. Reuben: Q. 1 want to find out how close you got to the Monroes’ bed. Mr. Kaveny: Objection, your Honor. May counsel then ask that question instead of going through this discourse about what he was doing and how he was doing it?! He is asking the question how close he was to the bed, but he has gone into quite a discourse on how close and was he standing over them. The Court: The objection is overruled. Proceed. By Mr. Reuben: Q. Were you touching the bedclothes when you finally stopped your forward motion with your pants legs, say? (195] Mr. Kaveny: Objection, your Honor. The Court: Objection sustained. There are two ques- tions. Mr. Reuben: I am sorry, your Honor. By Mr. Reuben: Q. When your forward motion was stopped, Captain, how close to the Monroes’ bed were you? A. Well, this was a small bedroom, and being in the room at all you would be rather close to the bed, which was the largest piece of furniture in the room. Q. You could look down on them? A. IT was looking down on them. Q. When you did say something, what were the first words that you said? A. I said, ‘‘Are you James Monroe?’’ to the man, addressing the man. Q. To the man. Now, say that to me as vou said it to Mr. Monroe the morning of October 29, 1958, in the tone and the loudness which vou used. A. T said, ‘Are you James Monroe?”’ Q. In a conversational tone, is that correct? [196] A. That is correct. Mr. Kaveny: Objection, your Honor. ha re PEAT ONE IM THREE _— LORE BEATE LIES SN SLE BI OMe LED Oe SORE APES PAPAL POI S De acted 146 The Court: He has answered. Proceed. [197] By Mr. Reuben: Q. What did Mr. Monroe say to you? A. He said, ‘‘Yeah,*’ or ‘*Yes,’’ or something. He rp. plied in the affirmative. Whatever it was, I don’t remember. Q. Did he appear to have been roused from sleep! Was he wide awake at that moment, or what? A. No; he appeared to have been drinking. Q. Had he been asleep or was he aroused, or what? A. I don’t know whether he had been asleep or not, Mr. Reuben. Q. In other words, your testimony is that he was fuzzy, is that correct? Mr. Kaveny: Objection, your Honor. The Court: If the witness can testify on the basis of that, he may answer. By the Witness: A. I said the man appeared to be drinking, and that’s all I can tell you about it. By Mr. Reuben: Q. You cannot tell us whether he was fuzzy or alert, just that he appeared to have [198] been drinking, is that right? Mr. Kaveny: Objection, your Honor. The Court: Objection sustained. The witness has al- ready answered. By Mr. Reuben: Q. What did you then say to him! A. I said, ‘‘We’re police officers; we want to talk to you. Get out of bed.” Q. Did you say that just as you have said it at this moment? A. Yes. I had no animosity toward this man. Mr. Reuben: Your Honor, I move to strike that. The Court: It may stand. By Mr. Reuben: Q. Did you say, ‘‘Please get out of bed’’— A. No. Se eaares ERT SLE RR SPA. 147 Q. —or ‘‘Get out of bed’’ or— Mr. Kaveny: Objection, your Honor. By the Witness: A. No. The Court: Just one minute. Have you finished your question, Mr. Reuben? (199) Mr. Reuben: Yes, sir. The Court: You have already asked as to what tone of voice he said it in, and he has already answered. The objection is sustained. By Mr. Reuben: Q. What did he do or say? A. He got out of bed. He complied. Q. Immediately? A. Yes. Q. What happened then, so far as you know? A. He was taken into the living room by Officer Sul- livan. Q. Did you accompany him into the living room? A. I don’t recall whether I did or not. That’s eleven years ago. Q. You do not recall whether you stayed in the bedroom or went into the living room? A. I know I was in and out? Mr. Kaveny: Objection, your Honor. He is characteriz- ing the. gentlemen’s testimony again. {200} The Court: He may answer. By the Witness: A. I was in and out of the bedroom possibly one, two or three times. I don’t recall at this late date whether I took Monroe from the bedroom to the liv- ing room. I know that Sullivan did; I don’t know whether I accompanied him or not. By Mr. Reuben: Q. Let me refresh your recollection, Captain Pape. Do you remember testifying in open court yesterday ? A. Well, I testified. Q. Do you remember yesterday saying as follows, and cs EI LL AALS EASA OF SPL I SITS LE, PONTE ARMENIA IEE YY IE OL PBT SIL CSR 148 I am reading, your Honor, from Page 106 of yesterday's transcript: ‘*T said, ‘We want to talk to you; get out of bed,’ so he got up and I put him in custody of Office Jerry Sullivan, who testified here, and we walked out to the living room of this apartment.” Then, on Page 107, Mr. Kaveny said: ‘*Q. What did you do after Mr. Monroe was taken out of the room?’’ Your answer was at that time, Captain Pape: [201] ‘““A. I went back into the bedroom and I began looking into a closet for the shirts that were de. scribed as having been taken in this robbery and murder.”’ Now, I ask you, sir, do you remember what you next did when Mr. Monroe was taken out of bed? [202] Mr. Kaveny: I object, your Honor. This is im- proper impeachment. I presume counsel is attempting to impeach since he read the record from yesterday. The gentleman has testified a moment ago that he did not recall whether he did or did not escort Mr. Monroe into the front room with Sergeant Sullivan. The record from yesterday is no different than it is today. If he is going to impeach him he should then lay the proper foundation. I do not believe this particular item is material for impeachment purposes. The Court: It differs from his testimony at the present time. The objection is overruled. Proceed. Mr. Reuben: Would you read the question, please. Q. (Read by the reporter.) By the Witness: A. To the best of my recollection, I don’t recall whether I went with Jerry Sullivan and Mr. Monroe to the living room or whether I remained. 149 (203] By Mr. Reuben: Q. Would you have left Mrs. Monroe alone? A. Well, Mrs. Monroe was left alone all the time she was in the apartment. I don’t know why not. Q. So that your answer is you would have left Mrs. Monroe alone? A. She was left alone. Mr. Kaveny: Objection, your Honor, to the characteri- zation. The Court: He has already answered. Mr. Kaveny: I move to strike it. The Court: It may stand. By Mr. Reuben: Q. Was there a closet in the Monroe bedroom ? A. Yes, there was, Q. Was there a search made of the closet before Mr. Monroe was taken into the living room? A. I don’t know. I searched the closet. Whether he was on his way, whether he was in there, I do not know. Q. Officer, how did you know that somebody was not hidden in the closet, remembering that you were looking for two men at the time you arrested Mr. [204] Monroe? A. Iam sure if he was there I would have found him. Q. However, as I understood your testimony yesterday, you and Officer Sullivan left Mrs. Monroe and went into the living room, leaving Mrs. Monroe in the bedroom un- guarded? A. I said I may have gone to the living room. Q. What precaution did you take that Mrs. Monroe was not armed that day? A. That’s the hazards of the occupation. It happens every day. Q. Did you take any precautions? A. Insofar as what, sir? f é £ ® i e ' f r DRE AT AS IPP BSP agers 150 Q. To insure that Mrs. Monroe did not have a Weapon under her bedclothes? A. No. She may have had, but she did not, apparently, Q. Did you look under the bed before you took Mr. Monroe out of there? A. No, I did not. Q. Did anybody? A. I couldn’t say. [205] Q. Did you look in the closet before you took Mr. Monroe out? A. No, I don’t think so, to the best of my recollection, Q. Did you have any conversation with Mrs. Monroe at the time that you had your conversation with James Monroe? A. At the time? Q. Yes, at the moment when you were at the bedside with Mr. Monroe. A. Not that I recall at this time. Did she say anything to you? You mean at that moment? Yes, sir. Not that I reeall. Did you know that she was Mrs. Monroe at that moment? A. I assumed she was. Q. I would like you to answer, sir, whether you knew at that moment that that was Mrs. Monroe? A. I assumed she was. Mr. Kaveny: Objection, your Honor. The Court: It may stand. [206] By Mr. Reuben: Q. How long after Mr. Monroe was taken out of the bedroom did you begin to search the bedroom? A. I would say very shortly. Q. Where was Mrs. Monroe? erere 151 A. In the bed. Q. She was in the bed. Did she have the bedclothes up to her neck or bedclothes to her waist, or where? A. Well, she was wearing a black knitted— Mr. Kaveny: Objection, your Honor. Well, I will withdraw it. The Court: All right. By the Witness: A. As the woman was lying in bed, she was wearing 2 black knitted what appeared to be a sweater which you could see probably from the neckline up. By Mr. Reuben: Q. You still had your hand on your flashlight or on your gun at that point? A. I wouldn’t know; I don’t know. Q. When you started to search the bedroom, did [207] you encounter any of the Monroe children? A. No. Q. Wasn’t there a baby in the corner? A. No. I think the baby might have been, to the best of my recollection, in the corner of the living room, not in the bedroom. [208] Q. At what point did you see the baby? A. Sometime during the course of the period we were in the home, to the best of my recollection. Q. Monroe was taken to the living room? A. Right. Q. When Monroe was taken to the living room, was that when you saw the baby? A. I don’t recall when I saw the baby. It was sometime during the time we were in the apartment. It seems to me there was a young baby in a crib or basket of some sort. Q. Who was in the bedroom with you and Mrs. Monroe when you searched? A. Just her and myself. Q. Did you have a conversation with Mrs. Monroe? A. Yes, I did. She addressed a question to me. reg a | panes 152 Q. What was her tone? Was she frightened? A. No, I don’t believe she was frightened. Q. Perfectly calm? A. I would say she spoke to me in a normal tone. Q. She did not seem concerned at all over what (209) had happened, is that correct? Mr. Kaveny: Objection, your Honor. The Court: If he was able to observe, he may answer, By the Witness: A. Whether she was concerned or not, I don’t know. By Mr. Reuben: Q. You could not tell, is that your testimony? Mr. Kaveny: Objection, your Honor. The Court: Objection sustained. The witness has an. swered. By Mr. Reuben: Q. Now, what did you search—strike that. What was the conversation with you and Mrs. Monroe that day? A. She asked me if I would step out of the room so she could get up, and IT said to her that it wasn’t necessary that she get out of bed and if she wished to do so that all she had to do was wrap the blankets which were covering her and get up. Q. What was your tone to Mrs. Monroe? Were you soft-spoken and gentle with her or were you harsh? Mr. Kaveny: Objection, your Honor. That is more [210] than one question. Mr. Reuben: T am just asking for his tone. The Court: Objection overruled. Proceed. By the Witness: A. You are asking for her tone or my tone? By Mr. Reuben: Q. Your tone. A. Normal. Q. Normal conversational tone? 153 A. That’s correct. Q. Where did you search first in the bedroom? A. The closet was the only place I looked. Q. You opened the door to the closet, sir? A. No. I don’t know whether it had a door on it. It was open. If it had a door on it, it was open, and I’m not certain it did have a door on it. Q. Was it deep or shallow? A. A rather shallow, normal clothes closet. Q. What was in your hand at the moment? A. A flashlight. Q. You had the flashlight in your hand. Now, you go into the closet. Tell us just what you did. [211] A. There were just a few articles of clothing in the closet. On the floor there were some soiled, what appeared to me to be underwear, possibly, men’s under- wear,— Q. The clothes that were— The Court: Let the witness finish answering. Mr. Reuben: I am sorry, your Honor. By the Witness: A. (Continuing) There were some T shirts and probably a couple of T shirts and maybe men’s trunks and maybe a couple of sport shirts or shirts of one sort that a man would normally wear, and we were looking for a certain brand of shirts and I looked at the shirts. It wasn’t of the brand that we were seeking, and I looked at the soiled linen on the floor, and that was the end of the search insofar as I was concerned. [212] Q. Now let me ask you this: The clothing in the closet that was clean—there was some clean clothing? A. There was some clothing hanging on hangers, yes. A couple of items. Several items. Q. Did you take it off the hanger, or just how did you do it? 154 A. I don’t remember that. I looked at the labels in the collar. Q. Did you pick up the hanger and put the flashlight on it? A. I don’t remember that. Q. You don’t know what you did? A. I looked at the clothing. I looked at the labels in the shirts, They were not of the kind we were seeking, and I just left them there. Q. Then you put them neatly back? A. I didn’t say I took them off. Mr. Kaveny: He has not testified he took them off the hooks. Mr. Reuben: I am trying to find out what he did. Mr. Kaveny: Then let him answer what he did. The Court: There will be no comments. [213] Address all remarks to the Court. I will rule on it. We will proceed. By Mr, Reuben: Q. Did you take the clothing that was on the hanger off the hanger? A. I don’t recall. Q. At any rate, if you did take them off, you would put them back, is that your testimony? Mr. Kaveny: Objection, your Honor. The Court: The objection is sustained. By Mr. Reuben: Q. The soiled clothing, did you pick it up, or did you examine it with your foot, or how did you examine it, Officer Pape? A. I would pick it up to look at the labels. Q. You bent down and picked it up? A. I am assuming that that is what I did. This is eleven years ago. Q. So you can’t recall, is that your testimony? Mr. Kaveny: Objection. Peg 155 By the Witness: A. I know I looked at the labels in whatever clothing was in there. By Mr. Reuben: Q. Well, you do not recall [214] whether you bent down or what you did. A. No. I don’t recall whether I bent down. I know I looked at them. How I looked at them I don’t know. Q. Was your back to Mrs. Monroe at that time? A. I don’t even know if Mrs. Monroe was in the room at the time, because the next time I saw Mrs. Monroe was when I turned around, she was out in the hall. Q. You don’t know who was in the room with you, if anybody? A. That’s correct, sir. Q. Could any of the children have come in the room while you were there? A. May have. I don’t know. They were all over the place. Q. So at any rate, your back was exposed to any un- friendly person while you were searching the closet, is that correct, Officer Pape? A. I don’t know that there was any unfriendly person : in the place. Q. When you turned around after your search, was Mrs. Monroe still in bed? (215) A. No. She was not? No. Did you examine the bedding then? No, I did not. Did you cause anybody to examine the bedding? No. Did anybody examine the bedding in your presence? The bedding was examined, IT believe, by Officer Sullivan. Q. In vour presence? — SS AEROS RAL RT TR TT ae I PPP rf PrP PT TRIN RN a 156 A. I don’t know whether it was in my presence or counsel, Q. Did he do it before or after you examined the closet? A. I couldn’t tell you that. (216] Q. Did you look under the bed? A. No, I didn’t look under the bed. Q. What other furniture was in the room besides the bed? A. I don’t recall. Q. Was there a dresser? Mr. Kaveny: Objection, your Honor. The Court: If he recalls now, he may answer, By the Witness: A. I don’t reeall. Officer Sullivan testified there was. I don’t reeall. By Mr. Reuben: Q. Did you search anything besides the closet in that room? A. No, sir. Q. So that in any event, if there was a dresser, you didn’t search it? A. That’s correct, sir. Q. After you finished the search of the Monroe bed: room, what did you do? A. While I was in searching, checking this closet, Mr. Monroe was out in the living room talking very loudly, complaining of our presence in his home. I went out to him and said, ‘‘Now, Monroe—’**, What [217] he stated was that his neighbors would resent the commotion, or whatever, and I said, ‘‘ Well, if you will lower the tone of your voice, why, your neighbors won't even know we have been here’? He made some remark as to what he was being arrested for. I don’t know if it was at that moment or not. T said in connection with the picture identification for armed robbery. Somewhere during ten minutes we were in the some I told Mr. Monroe that. Q. Is it not a fact, Officer Pape, that Mr. Monroe made no commotion or any great objection concerning the arrest? Rot, is Sos Gain eat wernt n eet hy ee act ae ae ee —ram——__ ne OH RS OMRON KR KEES ; 157 A. Mr. Monroe— Mr. Reuben: 1 would like the question answered yes or no, your Honor. The Court: Yes or no, By the Witness: A. I don’t know how I can answer that question yes or no, without explaining. By Mr. Reuben: Q. You can’t answer the question yes or no? ‘Phe Court: The witness has so stated. (21s) By Mr. Reueben: Q. Is it not the fact that Mr. Monroe raised no great objection concerning arrest of him? \. Well, I would say he was not abusive. Q. So that he did not raise any great objection con- cerning it? \. Idon’t expect he was happy about it, but he was not abusive. Q. The commotion in the apartment was caused solely hy the children, was it not? A. Well, the greatest majority of it was, and then only the loud speaking of Mr. Monroe, as I related, and I went out and spoke to him. We had no great problem with Mr. and Mrs. Monroe. It was the children. Q. It was with the children, was it no? A. That’s correct. Q. They were upset and frightened? Mr. Kaveny: Objection. The Court: He may answer, if he knows. By the Witness: A. I wouldn’t say they were fright- ened. By Mr. Reuben: Q. TI didn’t hear the answer. A. They weren’t frightened. (219) Q. TI didn’t hear your answer. The Court: Read the answer. A, (Read by the reporter.) —— EERE EE LIOR LEE, EAI ast a 158 By Mr. Reuben: Q. Were they upset? A. Well, they engaged in a lot of obscenities, so they certainly weren’t frightened or they wouldn’t have acted in that fashion. Mr. Reuben: Your Honor, I move that be stricken, The Court: It may stand. Proceed. [220] By Mr. Reuben: Q. Were the children quite up. set? A. They were running about the premises shouting ob- secenities, yes. Q. Were they quite upset, Officer Pape? A. I would say so. I was describing their conduct. Q. You then went back into the living room, and— A. When are we talking about? Q. We are now talking about after you searched the bedroom. You went back in the living room. You just testified about a conversation with Mr. Monroe. Did you then or at any time attempt to ascertain the number of persons who were in that apartment? A. No. Q. Did you ever attempt to ascertain to identity of any persons in that apartment, other than Mr. Monroe? A. To the best of my recollection, I asked Mr. Monroe if these were all his children. To the best of my recollec. tion. He said no, that some were his by a previous marri- age and some were his wife’s. Monroe was [221] a com- paratively young man, and, as I say, some of these children were fourteen, sixteen years of age. Q. You never did get a count or an inventory of the number of people that occupied that apartment. Can we leave it that way? A. No. I didn’t take inventory. Q. Were any other rooms searched besides the Monroe bedroom? A. T would presume so. 159 y. Did you search any other rooms? A. No, sir. gy. Did you instruct anybody to search any other room? A. These were experienced men, and they know how to proceed in these investigations. I wasn’t there to in- struct them as to how they were to proceed. Q. So you gave no order to search any room. All that vou know is that the bedroom was searched for the evi- dence in question? \. The bedroom that I was in. Q. That’s correct. \. And I am assuming the others were searched [222] as well. Q. You are assuming. Did anybody after the arrest in the detail ever tell you that they had searched the Monroe apartment? A. Tasked the question as to whether any of the men found the shirts we were seeking, and the answer was no. Q. Did you ask what rooms they had searched? A. Oh, no. No. Q. Did you inquire as to whether anybody looked for or found a weapon? A. Well, 1 would normally ask that. Q. Did you? A. I would presume I did, and I certainly would expect an experienced police officer to report to me if he found a weapon in the apartment. Q. So that when you left the apartment that morning, you were satisfied in your own mind that the entire apart- ment had heen searched by you and your men, correct? A. To a certain degree. Q. Well, to what degree? \. Well, because of the fact of the commotion [223] raised by these children and the obscenities and so on, I might say T was very happy to leave there. ie * EE KESAD Ye ngnccr ae : * PARACEL ee PELE Ce FEE LITT ILO LOO, nr a OTe 160 Q. Even if you left some evidence behind? A. Well, I would believe that we didn’t leaye any evidence behind, but I was very happy to get out of there. Q. And you were satisfied that you had, you or your men, searched for anything that would have been relevay; to the crime that you were investigating, is that right? A. I would say yes. Q. Now, did the men who were at the back or the fron door even come in? A. Yes. I believe that the man whom T left at the back door—of course, they followed me in shortly after Sullivan and I came in, and then Mrs. Monroe permitted one or two of the officers who were at the front to come in. She opened the door and let them in. Q. I am just a little mixed up. You came in with Officer Sullivan, and then there were two other men that came in— A. At the door with me when I knocked on the [224] door. Q. I am talking about the two men that were left at the back door. Did they come in? Did you see them in the apartment? A. T know that the one officer who testified here, Pat Conway, did not come in. He remained either in the gangway or the alley. Whether the others came in or not, IT don’t know. Q. Now, it is your testimony that Mrs. Monroe went and opened the front door and invited these two officers int A. That is the testimony, yes. [225] Q. Did vou hear her talk to them? A. No. Q. Do you know how she invited them in? A. No, I do not. Q. Did vou see her at the front door? ROP SF or eeetauy POR ea NT At 5° SN R _ or SEL ae Se as a 's 161 A. Well, it was testified here that she opened the door for them and let them in. Iam assuming that the testimony is correct. Q. You did not see Mrs. Monroe invite the men in? A. No. Q. Nor did you see how they got in, did you? Or did Well, | know they were admitted by her. Q. You know they were admitted, but you don’t know how, is that correct? A. That’s correct. “4 i—] = ~ LIER OE LEY OIG: ED OIE Q. So at some point seven of the eight police officers were in the apartment, is that correct? A. No, that is not correct. Q. All right. I fell off the track somewhere. If there were eight in the detail, the two from the front came in— (226] A. I didn’t say the two from the front came in. Soest od ste, Ripe Sd She permitted some officers at the front to come in. She went to the door. Whether they both came in or not, I : don't know. One of them testified here that he came in. I . assumed he did. : Q. All I would like to know, sir, is how many police E oficers of your detail did you see in the Monroe apart- 5 ment that morning? : A. I don’t know. T wasn’t counting police officers. : Q. Well, did you see any of the front door detail men : in the apartment? : A. Any of the what? Q. The front door detail men in the Monroe apartment. A. The only police officers I recall vividly seeing in the apartment was Jerry Sullivan, and I believe Lieutenant Jerry Sullivan, who testified here, and another officer. I think it may have been—I can’t recall. The reason I re- member them being in the apartment so well is when I want EILEEN ENE A BIEL LEI E LEYTE LDS GIT! OG MEES, 1 OG LD RES, PONS LST REG SET TR ME er ens ee = PL ST A a Pe EE 8 WE EL Re soe a 162 up and spoke to Monroe, they were standing there with him. [227] Q. Who gave the order to the police Officers to leave the apartment? A. I would. Q. Well, what did you say? A. I said, ‘‘We'll leave.’’ In the meantime | told Mrs, Monroe—she said, ‘‘Where are you taking Mr. Monroe?” I said to the detective bureau. Q. Do you remember who said, ‘‘ We'll leave”? to? A. I just said it in the apartment, that we had coy. pleted our search, I believe, and whatever was necessary, and we left. Q. Where were you standing when you gave the order, Captain Pape? A. I don’t remember that. Q. Did you shout it to the rest of the apartment so all the officers in the back part would know it, or just how did you get the word to all of the officers in the apartment to leave with you? A. Well, if I was in the living room and there were two or three officers there, and I said, ‘‘Let’s leave,’’ and we were taking Mr. Monroe out, and when he [228] asked to change his clothes, and I said that won’t be necessary, cer- tainly the other officers, whom we may have passed, if they were in the apartment, would naturally follow us out. I am assuming that this is what happened, because we all left there. Q. Did you leave through the front door or the back door? A. The back door. Q. The same way you came? A. That’s right, sir. Q. In the living room Mr. Monroe was in his shorts, I believe you testified, is that correct? Ses Fae oN OSTEO ANNE BP PERT NARI 163 A. That was testified to here. Q. Did you see him in his shorts? 4. When I saw Mr. Monroe he had a pair of dungarees on, With the plaster on them. Q. Did you give him the pair of dungarees? A. No, I did not. Q. Do you know who did, of your own knowledge? A. Yes. Sullivan gave them to him. (229] Q. Where did he get them from? A. I believe from the bedroom in which the man had been steeping. Q. Where in the bedroom? A. He got them from the bedroom. I don’t know where. They may have been—I don’t know if there was a chair or dresser there. I wouldn’t know where he got the pants from. He may have gotten them out of the closet. I don’t know. Q. So maybe Sullivan was in the closet as well as you, is that correct? A. That’s possible. Q. You weren’t in there at the same time, is that cor- rect? A. That’s true, Q. Now, is it your testimony that throughout this morn- ing you never used any obscenities to the Monroes? A. That is absolutely correct. Q. And that you never said things about their race to them? A. That is absolutely correct. Q. Have you ever, in arresting suspects in your [230] 33 years on the police foree ever used an obscene word to an accused? Mr. Kaveny: Objection, your Honor, as not being mate- rial. The Court: The objection is sustained. Ta Pe VEL EOS EAE PeTPE MAIS _ - * +e . PERE Ae gan Ls Oa See ee = OPEB LOO LIVE ILL LE OSLO OI CO ETE IY PNA RS ETRE ANY ENS LOY GRR: ia 164 Mr. Reuben: I would like to be heard. The Court. It is what was said at the time. The objec. tion is sustained. By Mr. Reuben: Q. Have you ever used a harsh word —strike that. Did you use any kind of a harsh word to the Monroes or any of their children that morning? A. No. I bore no animosity toward the Monroes, Q. You said nothing to them unkind? You made yo curses or anything? A. That’s correct. Q. Even though you were glad to get out of that apart- ment? A. Iwas very happy to leave. Mr. Kaveny: Your Honor, if I may be heard— [231] The Court: He has answered. It may stand, By Mr. Reuben: Q. At no time did you use any of the words Mr, Kaveny asked you about in that apartment or in connection with the Monroes? Is that your testimony? A. Would you repeat the words? Mr. Kaveny: Objection. The Witness: Would you repeat what Mr. Kaveny questioned me on? That is the answer IT gave. By Mr. Reuben: Q. You don’t recall the words Mr. Kaveny asked you whether or not you used in the Monroe apartment yesterday? Is that what you are saying! Mr. Kaveny: Objection, your Honor. The Court: The objection is overruled. By the Witness: A. Would you tell me what the words were, and I will answer the question. By Mr. Reuben: Q. You don’t remember now? [232] Is that your testimony? A. Well, Mr. Kaveny asked me many questions. Q. Mr. Kaveny asked you about the use of some words, 165 some curse words, and some words of aspersion about Mr. Monroe’s race. A. Well, if you will repeat it, I will answer the question. Q. You can’t answer unless I repeat it, is that your testimony ? A. I think I know what you are referring to, but I want to be sure. Q. Will you answer my question, sir? Mr. Kaveny: Objection, your Honor. The Court: The objection is sustained. Mr. Reuben: That is all. The Court: No further cross-examination? Mr. Reuben: No, sir. The Court: Any redirect? Mr. Kaveny: I do have some redirect, your Honor. The Court: How long will it take? I just want to know approximately. (233] Mr. Kaveny: I would like to adjourn for lunch, if we may, The Court: All right. Will you take the jury to the jury room? We will recess until two o’clock. Ladies and gentlemen of the jury, I also want to inform you that we have a Judges’ meeting at three o’clock for the day, and if you desire to make any calls or otherwise in connection with it, I wanted you to know that fact. We will go from two to three o’clock this afternoon. Thank you. (There was a short interruption, after which the following further proceedings were had herein, in open court, out of the presence and hearing of the jury:) The Court: Mr. Kaveny, just approximately how long do you think your redirect will take? * ‘) PES IEE: SATO et RY OP eT OORT GEORDIE LAO LLL LE OTE. SIRS Usety Med 2A eon ane a 166 Mr. Kaveny: Five, ten minutes, your Honor, [234] The Court: [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0239%3A01. Public record. Not legal advice.