Appendix — United States v. White

Supreme Court brief1971

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SUPREME COURT OF THE UNITED STATES

OcTOBER TERM, 1969

No. 46

UNITED STATES OF AMERICA, PETITIONER

JAMES A. WHITE

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

INDEX

Page

Docket Entries (G@6C BR OG8)..... ccc ccc ccc en cnc cscnes 1

Docket Entries (G6 C R255)... 0... ccc cece cece cece cnes 8

Indictment ED orchid ka wh % RAS KK RR OAS OA AA CH 14

Indictment GNC GL Gk ub 54044040405 San senes 17

Transcript of Trial Proceedings commencing on November

Sy Cc c ew ea naw cnescccacunccgaguetencs 19

Testimony of Carl L. Jackson... ............0ccceee 19

Testimony of Robert J. De Fauw................... 40

Testimony of William G. Kerstann.................. 72

Testimony of David Joseph Connolly................ 81

Testimony of Robert J. De Fauw................... 84

PE TE PEE GEE cnn nnsvnnnawnceveccccsss

Testimony of Vernon D. Meyer..................0..

Testimony of Kenneth Cloud.....................00,

(1)

Oral Motion of Mr. Eekridge. ..........cccceccecess

Testimony of Canister Moore ................eeeeees

Testimony of Mary Jackson .............sccccsccees

Offer of Defendant’s Exhibits....................0..

Initial Opinion of the Court of Appeals..................

Opinion of the Court of Appeals en banc.................

ED Cn ccibns de uvasae hs syd CARA ROKK SWE ssnnshonesen

Order granting petition for writ of certiorari..............

—

{x tHE Unrrep Srares Disrricr Court ror THE NoRTHERN

District oF ILurNors

Docket Entries

66 C R 254

THe Unirep States,

James A. Wuite.

Sam Minerva.

* * * s *

Date Proceedings

4/18/66 Filed Indictment

* * * * *

4/18/66 Order indictment returned in open court, bond

posted in 66 CR 34 to stand as bond in this instance

—Campbell, J.

4/19/66 Defendant White, with counsel, enters plea of not

guilty. Defendant White given ten (10) days to

file any motions he may deem appropriate. Govern-

ment given five (5) days thereafter to reply to mo-

tions. Disposition of motions, if filed, set for May

13, 1966 at 2:00 P.M. Cause set for trial as to both

Defendants on June 1, 1966 at 10 A.M. Cause as to

Defendant Sam Minerva set for April 25, 1966 at

10 A.M. for arraignment and plea. Bail of Defen-

dant White of $25,000.00 posted in Cause 66 CR 34

shall stand as bail for Defendant White in Cause 66

CR 254. —Hoffman, J.

4/25/66 Cause continued to May 13, 1966 at 2 P.M. for

arraignment and plea as to Defendant Minerva.—

Hoffman, J.

5/6/66 Filed Appearance of Stanley A. Bass as Counsel for

Defendant White with Affidavit Under G. R. 39.

5/13/66 On motion of Defendant White for leave to file

eee a

Date Proceedings

instanter pre-trial motions, (1) Motion for Bill of

Particulars, (2) Motion for preliminary hearing or,

in the alternative, Petition for Writ of Mandamus

and Memorandum of Law in Support of motion,

denied, because not timely.—Horrman, J.

5/13/66 Cause as to Defendant Minerva continued to June

1, 1966 at 10 A.M. for arraignment and plea.

HorrMan, J.

5/27/66 Filed notice of motion and motion for continued

date for trial.

5/27/66 On motion of Defendant, Cause reset from June 1,

1966 at 10 A.M. to June 6, 1966 at 10 A.M. for

trial—Hoffman, J.

6/6/66 Filed appearance of Chauncey Eskridge as attorney

for James A. White and affidavit re G R 39.

6/6/66 Cause continued to June 14, 1966 at 10 A.M. for

trial as to Defendant White. Cause as to Defendant

Minerva continued to June 27, 1966 for arraign-

ment and plea.—Hoffman, J.

6/14/66 Cause continued to June 20, 1966 at 10 A.M. for

trial as to Defendant White.—Hoffman, J.

6/20/66 Cause continued to June 27, 1966 at 10 A.M. for

trial as to Defendant White.—Hoffman, J.

6/27/66 Cause continued to September 13, 1966 at 10 A.M.

for trial as to Defendant White and for arraign-

ment and plea as to Defendant Minerva.—Hoff-

man, J.

7/5/66 Filed Notice and Motion re defendant’s motions

(to JJH).

7/11/66 Defendants motion to reconsider and grant leave to

file motions is entered and continued to September

13, 1966.—Austin, J.

9/13/66 Motion of Defendant James A. White that this

Court reconsider and grant said Defendant leave

to file motions heretofore presented and denied

because not timely filed, is, hereby, denied.—Hoff-

man, J.

9/13/66 Cause continued to September 27, 1966 at 10 A.M.

for trial as to Defendant White and for arraign-

ment and plea es to Defendant Minerva.— Hoffman,

Date

/ 20/66

9/27/66

9/28/66

10/4/66

10/5/66

*9/20/66

10/13/66

10/20/66

10/27/66

11/2/66

11/4/66

Proceedings

Motion of Defendant James A. White for restrain-

ing order denied, for failure to comply with local

rules.—Hoffman, J.

Cause continued to September 28, 1966 at 10 A.M.

for trial as to Defendant White and for arraign-

ment and plea as to defendant Minerva.—Hoffman,

Cause continued to October 4, 1966 at 10 A.M. for

trial as to defendant White and for arraignment

and plea as to Defendant Minerva.—Hoffman, J.

Cause continued to October 5, 1966 at 10 A.M. for

trial as to Defendant White and arraignment and

plea as to Defendant Minerva.—Hoffman, J.

Cause continued to October 13, 1966 at 10 A.M.

for trial as to Defendant White and for arraignment

and plea as to Defendant Minerva.—Hoffman, J.

Filed Motion for Restraining Order, Notice, and

Memorandum in support of Motion for Restrain-

ing Order of Defendant James A. White. (To

JJH) (66 CR 255)

Cause continued to Oct. 20, 1966 at 10 A.M. for

trial as to defendant White and for arraignment

and plea as to defendant Minerva.—Hoffman, J.

Cause continued to Oct. 20, 1966 at 10 A.M. for

trial as to defendant White and for arraignment

and plea as to defendant Minerva.—Hoffman, J.

Cause continued to October 27, 1966 at 10 A.M.

for trial as to Defendant White and arraignment

and plea as to Defendant Minerva.—Hoffman, J.

Cause continued to November 2, 1966 at 10 A.M.

for trial as to defendant White and for arraignment

and plea as to Defendant Minerva.—Hoffman, J.

Cause continued to November 16, 1966 at 10 A.M.

for trial as to Defendant White and for arraign-

ment and pleas to Defendant Minerva.— Hoffman,

Filed Notice.

Filed Motion for consolidation of indictments (To:

JJH)

eR SPOR re ¢ OMT MERRY

Date Proceedings

11/9/66 Filed Notice of motion and motion for separate

trial for White (To JJH)

11/9/66 By agreement, motion to consolidate indictments

66 CR 255 and 66 CR 254 for trial, allowed.—Hoff-

man, J.

11/9/66 Leave to Defendant White to file instanter his mo-

tion to sever defendants and counts. Government

given five (5) days to file memorandum in opposi-

tion to motion.—Hoffman, J.

11/10/66 (By agreement: motion of the Government to sever

Sam Minerva from Counts 1, 2, 3, 4 and 6 of In-

dictment No. 66 CR 254 allowed, and motion of the

Government to dismiss Count 5 of Indictment 66

CR 254 allowed.)

Defendant White’s motion for a separate trial on

Counts 5 and 6 of Indictment No. 66 CR 254, or in

the alternative, that the Government be compelled

to elect between said Counts and other Counts con-

tained in Indictment Nos. 66 CR 254 and 66 CR

255 is hereby denied. U.S. Attorney directed to pre-

pare and submit draft order on Monday, Novem-

~ ber 14, 1966 at 10 A.M.—Hoffman, J. (Also on 66

CR255)

11/14/66 Ordered that in Counts 1, 2, 3, 4, and 6 of Indict-

ment No. 66 CR 254, the defendant, Sam Minerva,

be severed from the defendant James A. White, for

purposes of trial of James A. White; and further,

that Count 5 of Indictment 66 CR 254 be dismissed.

Further ordered that defendant James A. White’s

motion for a separate trial on Counts 5 and 6 of

Indictment 66 CR 254 or in the alternative, that

the Government be compelled to elect between said

Counts and other Counts contained in indictment

Nos. 66 CR 254 and 66 CR 255, is hereby denied.

(Drart)—Hoffman, J. (Also on 66 CR 255)

11/16/66 Cause called for as to Defendant White. Jury se-

lected and sworn. ******* Opening statements

heard for the Government. Defendant waives open-

ing statement. Evidence heard in part for the Gov-

ernment. Cause continued to November 17, 1966

at 10:00 A.M.—Hoffman, J.

Date

11/17/66

11/18/66

11/21/66

11/22/66

11/23/66

Proceedings

Leave to attorney Stanley Bass to withdraw as as-

sociate Counsel for defendant with the agreement

of the defendant made in open Court. Further evi-

dence heard for the Government. Cause continued

to November 18, 1966 at 10 A.M.—Hoffman, J.

Further evidence heard for the Government. Cause

continued to November 21, 1966 at 10:00 A.M.—

Hoffman, J.

Further evidence heard for the Government. Gov-

ernment rests. Motion of Defendant to dismiss

Count * 3 of Indictment 66 CR 254 denied. Motion

of Defendant to dismiss Count *4 of Indictment

66 CR 254 denied. Motion of Defendant to dismiss

all counts of Indictments 66 CR 254 and 66 CR 255

denied. Evidence heard in part for Defendant. Cause

continued to November 22, 1966 at 10 A.M.—Hoff-

man, J.

Further evidence heard for Defendant. Defendant

rests. No rebuttal evidence, both sides rest. De-

fendants renewed motions unsupported by argu-

ment and not restated made, or rather the motions

made at the close of the Governments case, denied.

Arguments heard. The Court instructs the jury,

alternates discharged, Marshals sworn. Jury retires

to consider its verdict or verdicts. (By agreement,

jury to sign, seal and separate, polling of jury

waived. Drart) Marshal ordered to furnish supper

for twelve (12) jurors and two (2) deputy Marshals.

Cause continued to November 23, 1966 at 10 A.M.

—Hoffman, J.

Filed verdict of guilty for James A. White.

Defendant fails to appear. Enter order of bond for-

feiture as to Defendant White in consecutive cases

66 CR 254 and 66 CR 255 respectively and Bench

warrant to issue. (Ordered Chauncey Eskridge, at-

torney for defendant, is ordered held in direct con-

tempt of this Court for failure to appear, as afore-

said, and he is fined $100.00 and costs and remanded

to the custody of the U.S. Marshal until such fine

is paid. (Drarr)). The Jury returns the following

verdicts. In Cause 66 CR 254—We, the Jury, find

Date

Proceedings

11/23/66 the defendant James A. White, guilty as charged in

11/29/66

11/28/66

11/30/66

the indictment. In cause 66 CR 255, We, the Jury,

find the defendant James A. White guilty as charged

in the Indictment. Judgements on verdicts in Cause

66 CR 254 and 66 CR 255 respectively. Cause con-

tinued to November 30, 1966 at 10 A.M. for disposi-

tion, and/or disposition of motions which may be

made or filed. Defendant remanded to the custody of

the U.S. Marshal. On motion of respondent Esk-

ridge, order and judgment holding respondent

Eskridge in contempt be and is vacated and set

aside., etc. Motion of Defendant for his enlarge-

ment on bail pending disposition set for November

30, 1966, denied. Motion of Defendant to vacate

order of bond forfeiture and to recall Bench war-

rant denied.— Hoffman, J.

Filed appearance of William R. Ming, Jr. as addi-

tional counsel for James A. White and affidavit re

G R 39

Filed Motion for judgmert of acquittal and/or for

new trial. Filed motion to vacate forfeiture of bail

(Both for White)

Filed information setting forth prior conviction of

James A. White.

Motion of Defendant for judgment of acquittal

notwithstanding the verdict denied. Alternate mo-

tion for a new trial denied. Leave to the Govern-

ment to file Information setting forth prior convic-

tion of Defendant White and certified copy of Judg-

ment and Commitment, in 55 CR 51. In cause 66

CR 254, Defendant White committed to the cus-

tody of the Attorney General for imprisonment for

a period of 25 years on each of Counts 1, 2, 3, 4 and

6 of the Indictment and fined $5,000.00 on each of

said Counts 1, 2, 3, 4 and 6 and costs of prosecution.

Sentences shall run concurrently and fines cumula-

tive. Defendant stand committed until fines and

costs are paid. In Cause 65 CR 255 Defendant

White committed to the custody of the Attorney

General for imprisonment for a period of twenty-

five (25) years on each of Counts 1 and 2 of the

Date

11/30/66

12/1/66

12/8/66

Proceedings

Indictment. and fined $5,000.00 on each of said

counts 1 and 2 and costs of prosecution. Sentences

shall run concurrently and fine cumulative. De-

fendant stand committed until fines and costs are

paid, etc. Sentences this day imposed as to Defen-

dant White in cause 66 CR 255 shall run coneur-

rently with the sentences imposed on said Defen-

dant in cause 66 CR 254. Fines assessed against

Defendant White in cause 66 CR 255 shall be cumu-

lative to the fines assessed against Defendant in

cause 66 CR 254. Defendant committed to the cus-

tody of the U.S. Marshal without bail. Defendant’s

motion to vacate order of bond forfeiture allowed.

Defendant's motion to permit Defendant to be con-

fined to the Cook County Jail for duration of his

appeal denied. (2 Drarrs)—Hoffman, J.

* * * *

Cause continued to December 1, 1966 at 10 A.M.

for an arraignment and plea as to Defendant Min-

erva.—Hoffman, J.

Cause continued to January 3, 1967 at 10 A.M. for

report and for disposition.—Hoffman, J. (Minerva)

> * . *

Filed Notice of Appeal of defendant White

Docket Enrrirs

66 C R 255

Tue Unrrep States,

Vv.

James A. Wuirr.

Date Proceedings

4/18/66 Filed Indictment

. * * * +

4/18/66 Order indictment returned in open court; bond

posted in 66 CR 34 to stand as bond in this instance

—Campbell, J.

4/19/66 Defendant, with Counsel, enters plea of not guilty.

Defendant given ten (10) days to file any motions

he may deem appropriate. Government given five

(5) days thereafter to reply to motions. Disposition

of motions (if filed) set for May 13, 1966 at 2 P.M.

Cause set for trial on June 1, 1966 at 10 A.M. Bail

of Defendant White of $2500.00 posted in Cause

66 CR 34 shall stand as bail for defendant in cause

66 CR 255.—Hoffman, J.

5/6/66 Filed Appearance of Stanley A. Bass as counsel for

Defendant White with Affidavit Under G. R. 39.

5/13/66 Defendant’s motion for leave to file instanter pre-

trial motions for Bill of Particulars denied because

not timely.— Hoffman, J.

5/27/66 Filed notice of motion and motion to continued date

for trial.

5/27/66 On motion of Defendant, cause reset from June 1,

1966 at 10 A.M. to June 6, 1966 at 10 A.M. for

trial—Hoffman, J.

6/6/66 Filed appearance of Chauncey Eskridge as attorney

for James A. White and affidavit re G R 39.

6/6/66 Cause continued to June 14, 1966 at 10 A.M. for

trial—Hoffman, J.

Date

6/14/66

6/20/66

6/27/66

7/5/66

7/11/66

9/13/66

9/20/66

9/27/66

9/28/66

10/4/66

10/5/66

9/20/66

10/13/66

10/20/66

10/27/66

11/2/66

Proceedings

Cause continued to June 20, 1966 at 10 A.M. for

trial—Hoffman, J.

Cause continued to June 27, 1966 at 10 A.M. for

trial—Hoffman, J.

Cause continued to September 13, 1966 at 10 A.M.

for trial—Hoffman, J.

Filed Notice and Motion re defendant’s motions.

(to JJH)

Defendant’s motion to reconsider and grant leave

to file motions is entered and continued to Septem-

ber 13, 1966.—Austin, J.

Motion of Defendant James A. White that this

Court reconsider and grant said Defendant leave to

file motions heretofore presented and denied be-

cause not timely filed is hereby denied.——Hoffman,

Cause continued to September 27, 1966 at 10:00

A.M. for trial.—Hoffman, J.

Motion of Defendant James A. White for restrain-

ing order denied for failure to comply with local

rules.—Hoffman, J.

Cause continued to September 28, 1966 at 10 A.M.

for trial—Hoffman, J.

Cause continued to October 4, 1966 at 10 A.M. for

trial—Hoffman, J.

Cause continued to October 5, 1966 at 10 A.M.

for trial.—Hoffman, J.

Cause continued to October 13, 1966 at 10 A.M.

for trial—Hoffman, J.

Filed Motion for Restraining Order, Notice, and

Memorandum in Support of Motion, for Restrain-

ing Order of Defendant James A. White. (To JJH)

(66 CR 254 )

Cause continued to Oct. 20, 1966 at 10 A.M. for

trial—Hoffman, J.

Cause continued to October 27, 1966 at 10 A.M.

for trial—Hoffman, J.

Cause continued to November 2, 1966 at 10 A.M.

for trial.—Hoffman, J.

Cause continued to November 16, 1966 at 10 A.M.

for trial —Hoffman, J.

Date

11/4/66

11/9/66

11/9/60

11/9/66

11/10/66

11/14/66

11/16/66

Proceedings

Filed Notice of motion.

Filed Motion for consolidation of indictments (To:

JJH) (66 CR 254)

Filed notice of motion and motion for separate

trial. (To JJH)

By agreement, motion to consolidate indictments

66 CR 255 and 66 CR 254 for trial, allowed.— Hoff-

man, J.

Leave to Defendant White to file instanter his mo-

tion to sever defendants and counts. Government

given five (5) days to file memorandum in opposi-

tion to motion.—Hoffman, J.

(By agreement, motion of the Government to sever

Sam Minerva from Counts 1, 2, 3, 4, and 6 of

Indictment No. 66 CR 254 allowed, and motion

of the Government to dismiss Count 5 of Indict-

ment 66 CR 254 allowed.) Defendant White’s

motion for a separate trial on Count 5 and 6 of

Indictment 66 CR 254, or in the alternative, that

the Government be compelled to elect between

said Counts and other Counts contained in Indict-

ment Nos. 66 CR 254 and 66 CR 255 is hereby

denied. U.S. Attorney is directed to prepare and

submit draft order on Monday, November 14, 1966

at 10 A.M.—Hoffman, J. (same motion on 66 CR

254.)

Ordered that in Counts 1, 2, 3, 4, and 6 of Indict-

ment 66 CR 254 the defendant Sam Minerva, be

severed from the defendant James A. White: and

further, that Count 5 of indictment No. 66 CR 254

be dismissed.

Further ordered that defendant James A. White's

motion for a separate trial on Counts 5 and 6 of

Indictment 66 CR 254, or in the alternative, that

the Government be compelled to elect between said

Counts and other Counts contained in Indictment

Nos. 66 CR 254 and 66 CR 255 is hereby denied.

—Hoffman, J. (Same motion and draft on 66 CR

254).

Cause called for as to Defendant White. Jury

selected and sworn * * * *

Date

11/17/66

11/18/66

11/21/66

11/22/66

11/23/66

Proceedings

Leave to Attorney Stanley Bass to withdraw as

associate counsel for defendant with the agreement

of the defendant made in open Court. Further

evidence heard for the Government. Cause contin-

ued to November 18, 1966 at 10 A.M.—Hoffman, J.

Further evidence heard for the Government. Cause

continued to November 21, 1966 at 10 A.M.—

Hoffman, J.

Further evidence heard for the Government.

Government rests. Motion of Defendant to dismiss

Count 3 of Indictment 66 CR 254 denied. Motion

of Defendant to dismiss Count *4 of Indictment

66 CR 254 denied. Motion of defendant to dismiss

all counts of Indictments 66 CR 254 and 66 CR 255

denied. Evidence heard in part for Defendant.

Cause continued to November 22, 1966 at 10 A.M.

—Hoffman, J.

Further evidence heard for Defendant. Defendant

rests. No rebuttal evidence, both sides rest. De-

fendant’s renewed motions unsupported by argu-

ment and not restated made or, rather the motions

made at the close of the Government’s case, denied.

Arguments heard. The Court instructs the Jury,

alternates discharged, Marshals sworn. Jury retires

to consider its verdict or verdicts. (By agreement,

jury to sign seal andseparate, polling of jury waived.)

(Drart) Marshal ordered to furnish supper for

twelve (12) jurors and two (2) deputy Marshals.

Cause continued to November 23, 1966 at 10:00

A.M.—Hoffman, J.

Defendant fails to appear. Enter order of bond

forfeiture as to Defendant White in consolidated

cases 66 CR 254 and 66 CR 255 respectively, and

Bench warrant to issue. (Ordered Chauncey Esk-

ridge, attorney for Defendant is ordered held in

direct contempt of this Court for failure to appear,

as aforesaid, and he is fined $100.00 and costs and

remanded to the custody of the U.S. Marshal until

such fine is paid. (Drarr)) The Jury returns the

following verdicts. In Cause 66 CR 254—‘‘We, the

Jury, find the defendant, James A. White, guilty as

Date

11/23/66

11 23/66

11 29/66

11/28/66

11/30/66

11 30/66

Proceedings

charged in the indictment.” In cause 66 CR 255,

“We, the Jury find the defendant, James A. White,

guilty as charged in the Indictment.” Judgment on

verdicts in Cause 66 CR 254 and 255 respectively.

Cause continued to November 30, 1966 at 10:00

A.M. for disposition and/or disposition of motions

which may be made or filed. Defendant remanded

to the custody of the U.S. Marshal. On motion of

respondent Eskridge, order and judgment holding

respondent Eskridge in contempt be and is vacated

and set aside, ete. Motion of defendant for his

enlargement on bail pending disposition set for

November 30, 1966, denied. Motion of Defendant

to vacate order of bond forfeiture and to recall

Bench Warrant denied.—Hoffman, J.

Filed verdict on James A. White of Guilty as

charged.

Filed appearance of William R. Ming, Jr., as

attorney (additional attorney) for James A. White

and affidavit re G R 39.

Filed Motion for judgment of acquittal and/or for

new trial.

Filed motion to vacate forfeiture of bail.

Filed information setting forth prior conviction of

James A. White.

* * * *

Motion of Defendant for judgment of acquittal

notwithstanding the verdict denied. Alternate

motion for a new trial denied. Leave to the Govern-

ment to file Information setting forth prior convic-

tion of Defendant White and certified copy of

Judgment and commitment 55 CR 51. In cause

66 CR 254, defendant White committed to the

custody of the Attorney General for imprisonment

for a period of 25 years on each of Counts 1, 2, 3,

4 and 6 of the Indictment and fined $5,000.00 on

each of said Counts 1, 2, 3, 4 and 6 and costs of

prosecution.

Sentences shall run concurrently and fines cumula-

tive. Defendant stands committed until fines and

—

Date Proceedings

11/30/66 costs are paid. In cause 66 CR 255, defendant White

committed to the custody of the Attorney General

for imprisonment for a period of twenty five (25)

years on each of Counts 1 and 2 of the Indictment,

and fined $5,000.00 on each of said counts 1 and 2,

and costs of prosecution. Sentences shall run con-

currently and fines cumulative. Defendant stands

committed until fines and costs are paid, ete.

Sentences this day imposed as to Defendant White

in cause 66 CR 255 shall run concurrently with the

sentences imposed on said Defendant » use

66 CR 254. Fines assessed against Defen «+ © site

in cause 66 CR 255 shall be cumulative | *«

fines assessed against Defendant in Cause 66 UR

254. Defendant committed to the custody of the

U.S. Marshal without bail. Defendant’s motion to

vacate order of bond forfeiture allowed. Defend-

ant’s motion to permit Defendant to be confined in

the Cook County Jail for duration of his appeal

denied. (2 Drafts)—-Hoffman, J.

11/30/66 Filed Certified copy Commitment of James White

of May 10, 1955, in cause No. 55 CR 51.

* + * a *

12/8/66 Filed Notice of Appeal of defendant White * * *

* * * * *

PET SRE PL SIT ER LTE NLT PHONE PAB TST GO

INDICTMENT

(Filed Apr. 18, 1966.)

Unrtep States District Court, NortHern District or

Iuurnors, Eastern Division

No. 66 CR 254

Unrrep States or AMERICA

James A. Wuirr anv Sam Miverva

Vio: Title 26, United States Code, Section 4705 (a), Internal

Revenue Code of 1954; Title 21, United States Code,

Section 174

The April, 1966 Grand Jury charges:

On or about December 16, 1965, at Chicago, in the North-

ern District of Illinois, Eastern Division, James A. White

and Sam Minerva, defendants, did unlawfully sell, barter,

exchange and give away approximately 58.320 grams of

heroin, a narcotic drug, to Harvey Jackson not in pursuance

of a written order from the said Harvey Jackson on a form

issued in blank for that purpose by the Secretary of the

Treasury of the United States, or his authorized delegate;

in violation of Title 26, United States Code, Section 4705

(a), Internal Revenue Code of 1954.

Count II

The April, 1966 Grand Jury further charges:

On or about December 16, 1965, at Chicago, in the North-

ern District of Illinois, Eastern Division, James A. White

and Sam Minerva, defendants, fraudulently and knowingly

did receive, conceal, buy, sell and facilitate the transporta-

tion, concealment and sale of approximately 58.320 grams

of heroin, a narcotic drug, after it had been imported and

brought into the United States contrary to law, knowing

that the said narcotic drug had theretofore been imported

and brought into the United States contrary to law; in

violation of Title 21, United States Code, Section 174.

Count III

The April, 1966 Grand Jury further charges:

On or about December 29, 1965, at Chicago, in the North-

ern District of Illinois, Eastern Division, James A. White

and Sam Minerva, defendants, did unlawfully sell, barter,

exchange and give away approximately 131.976 grams of

heroin, a narcotic drug, to Harvey Jackson not in pu ’suance

of a written order from the said Harvey Jackson on a form

issued in blank for that purpose by the Secretary of the

Treasury of the United States, or bis authorized delegate;

in violation of Title 26, United States Code, Section 4705

(a), Internal Revenue Code of 1954.

Count IV

The April, 1966 Grand Jury further charges:

On or about December 29, 1965, at Chicago, in the North-

ern District of Illinois, Eastern Division, James A. White

and Sam Minerva, defendants, fraudulently and knowingly

did receive, conceal, buy, sell and facilitate the transporta-

tion, concealment and sale of approximately 131.976 grams

of heroin, a narcotic drug, after it had been imported and

brought into the United States contrary to law, knowing

that the said narcotic drug had theretofore been imported

and brought into the United States contrary to law; in

violation of Title 21, United States Code, Section 174.

Count V

The April, 1966 Grand Jury further charges:

On or about January 8, 1966, at Chicago, in the Northern

District of Illinois, Eastern Division, Sam Minerva, de-

fendant, did unlawfully sell, barter, exchange and give

away approximately 1,119.610 grams of heroin, a narcotic

drug, to James A. White not in pursuance of a written

order from the said James A. White on a form issued in

blank for that purpose by the Secretary of the Treasury

of the United States, or his authorized delegate; in violation

of Title 26, United States Code, Section 4705 (a), Internal

Revenue Code of 1954.

Count VI

The April, 1966 Grand Jury further charges:

On or about January 8, 1966, at Chicago in the Northern

District of Illinois, Eastern Division, James A. White and

Sam Minerva, defendants, fraudulently and knowingly did

receive, conceal, buy, sell and facilitate the transportation,

concealment and sale of approximately 1,119.610 grams of

heroin, a narcotic drug, after it had been imported and

brought into the United States contrary to law, knowing

that the said narcotic drug had theretofore been imported

and brought into the United States contrary to law; in

violation of Title 21, United States Code, Section 174.

A True Bill, (s)

,——, Foreman,

(s) ———, ——, United States Attorney.

JIM calf

INDICTMENT

(Filed April 18, 1966)

Unirep States District Court, NortHerN District or

Inurnots, Eastern Division

No. 66 CR 255

Unirep States or AMERICA

James A. WHITE

Vio: Title 26, United States Code, Section 4705 (a),

Internal Revenue Code of 1954, Title 21, United States

Code, Section 174

The April, 1966 Grand Jury charges:

On or about December 9, 1965 at Chicago, in the North-

ern District of Illinois, Kastern Division, James A. Wurre,

defendant, did unlawfully sell, barter, exchange and give

away approximately 29.651 grams of heroin, a narcotic

drug, to Harvey Jackson not in pursuance of a written

order from the said Harvey Jackson on a form issued in

blank for that purpose by the Secretary of the Treasury

of the United States, or his authorized delegate; in viola-

tion of Title 26, United States Code, Section 4705 (a), In-

ternal Revenue Code of 1954.

Count II

The April, 1966 Grand Jury further charges:

On or about December 9, 1965, at Chicago, in the North-

ern District of Illinois, Eastern Division, James A. Wuire,

defendant, fraudulently and knowingly did receive, conceal,

buy, sell and facilitate the transportation, concealment and

sale of approximately 29.651 grams of heroin, a narcotic

drug, after it had been imported and brought into the

United States contrary to law, knowing that the said nar-

SET or

cotic drug had theretofore been imported and brought into

the United States contrary to law; in violation of Title 21,

United States Code, Section 174.

A True Bill, (s) ——, ——, Foreman.

(s) ——, ——, United States Attorney.

JJM:alf

Ix THE Unitep States Districr Court, Norruern District

oF ILurno1s, Eastern Diviston

66 C R 254

66 C R 255

Unirep Srares or Amenica, Plaintiff,

vs.

James A. Wuirr, Defendant.

Transcript of proceedings had at the trial of the above-

entitled cause before the Hon. Junius J. Horrman and a

jury commencing on the 16th day of November, 1966, at

the hour of 10:00 o’clock a.m.

PRESENT:

Hon. Epwarv V, Hanranan, United States Attorney, by

Mr. J. J. McDonneui, Assistant United States Attorney,

appeared on behalf of the government;

Mr. Cuauncey Eskrivce, appeared on behalf of the de-

fendant.

[2-8] ** *

[9] * * * Cart L. Jackson, a witness called by and on

behalf of the government, having been first duly sworn,

was examined and testified as follows:

Direct examination.

By Mr. McDonnell:

[10] Q. How long have you been so employed as a federal

narcotic agent in the Chicago area?

A. Five years.

Q. Calling your attention, sir, to the month of December,

1965, did you have occasion to know and to speak to a man

named Harvey Jackson?

A. Yes, I did.

Dd Tait Uy ahr PRA TL ERET I II NT, 7 ad

Q. In what capacity did you speak to him, sir?

A. As an agent of the Federal Bureau of Narcotics, and

he was working at that time as an informant for the Federal

Bureau of Narcotics.

Q. Just to set the record straight, Mr. Jackson, is he

any relation by marriage or by blood to you?

A. He is not.

Q. Do you know where Harvey Jackson is today?

A. No, I do not.

Q. When was the last time that you saw the said Harvey

Jackson?

A. January Sth of this year.

Q. Have you and other agents of the Federal Bureau of

[11] Narcotics attempted to locate Harvey Jackson?

A. We have.

Q. What have you donre to locate him, sir? Please tell

the ladies and gentlemen of the jury.

A. We have visited his residence at 6141 South Drexel

Boulevard. We have visited areas where he was known

to hang out. We visited a place where he had worked at

one time previously. We checked with Missing Persons,

and the FBI has also made endeavors to locate him.

[12] Q. Specifically, Agent Jackson, calling your atten-

tion to December 9th at around 6:00 p.m., did you have

occasion to be in the offices of the Federal Bureau of

Narcotics?

A. Yes, I did.

Q. Were you there alone!

. No, I wasn't.

. Who was with you?

. Agents Robert J. DePauw and William ©. Kirstann.

. What occurred there!

. We had a conversation.

. Pursuant to that conversation, did you have occasion

to go somewhere?

A. Yes, I did.

Q. Where did you go?

{18} A. I went with Agents Robert J. DeFauw and Wil-

liam C. Kirstann to 57th and the Outer Drive.

Q. Calling your attention to around 7:00 p.m.—Strike

that, please.

Orovreor

What happened when you got to 57th and Lake Shore

Drive?

A. We waited there until approximately 7:00 p.m., at

which time we were joined by Harvey Jackson who met

with us.

Q. What happened when you got to 57th and Lake Shore

Drive around 7 :00?

A. We were joined there by Harvey Jackson.

Q. What happened when Harvey Jackson came there?

A. When Harvey Jackson arrived, we had a conversation

with him, after which he was searched by Agent DeFauw

for money and narcotics, he had neither on his person.

His automobile was then searched thoroughly for money

or narcotics and I found neither in the automobile. Agent

DeFauw then placed the radio kel transmitter set on his

person, strapped it to him, and we had a further conversa-

tion.

[14] Q. Tell the ladies and gentlemen of the jury just

what a radio kel set transmitter is, please.

A. It is a small transistorized radio transmitting device

which transmits voices or sounds which can be picked up

on receiving units from this device.

Q. Have you used such a device before in your profes-

sional capacity?

A. Yes, I have.

Q. How many times have you used such device?

A. Many times.

Q. Now what occurred after the kel set was strapped on

{15] and the set was tested?

A. Harvey Jackson and I drove to his residence at 6141

Drexel, entered that residence and waited there.

Q. What is located at 6141 South Drexel, if you re-

member?

A. It is a 2-story frame building that sets back about

40 yards—not 40 yards, about 50 feet from the street.

Q. You same frame. You mean a wooden frame build-

ing, is that correct?

A. Yes.

Q. Do you have any idea about what time you arrived

there?

A. About 7:45.

ss - SP STR Qe es

> a a i mers PII

Q. Calling your attention to approximately 8:00 p.m. on

December 9, 1965, do you know what happened at that time?

A. Yes, I do.

[16] Q. Would you tell the ladies and gentlemen of the

jury, please?

A. Harvey Jackson and I were standing in the front

room, that is, the living room of his residence when we

saw the defendant James White drive up in a black 1962

convertible Cadillac and park in front of the residence.

James White left the car and walked to the gateway to the

yard of the residence, opened the gate, and then I left the

front room and went to the kitchen closet and concealed

myself in the kitchen closet.

Q. Would you describe the kitchen closet for us?

A. The kitchen closet is the width of the two doors in

the back door at the rear of the court room.

Mr. McDonnell: Let the record indicate approximately

six feet, Counsel?

The Court: The witness has given his impression. Evi-

dently counsel isn’t interested in joining you in an esti-

mate. They are under no obligation to.

Mr. McDonnell: Yes, sir. May I continue, your Honor?

[17] The Court: You certainly may.

By Mr. MeDonnell:

Q. Continue, Agent Jackson, with your description of

the closet.

A. There are two doors that open similar to the two

doors in the back. They come together, pull out, not in.

They pull out together.

Q. They pull out towards the kitchen part, is that cor-

rect?

A. That is right.

Q. Now when you say you secreted vourself in the closet,

what did you do?

A. After I entered the closet, I cracked the door of the

closet where I could observe the area of the kitchen,—that

is, more specifically the kitchen table.

Q. What happened after you secreted yourself in the

closet?

A. There was a knock on the door. Jimmy White was

let inside the apartment.

The Court: Who is Jimmy White?

The Witness: James White, I am sorry, your Honor.

James White, the defendant.

By Mr. McDonnell:

[18] Q. Do you see the man that you have been calling

Jimmy White and that you have just now referred to as

James White? Do you see him in this courtroom?

A. Yes, I do.

Q. Would you point him out?

A. He is seated there at the counsel table between the

two counsel.

The Court: Which one.

The Witness: The one in the middle in the brown suit.

Mr. McDonnell: May the record reflect the fact that the

witness has pointed out the defendant James White?

The Court: The record may indicate that the witness

has identified the defendant in open court.

By Mr. McDonnell:

Q. What transpired then, Agent Jackson?

A. After the knock on the door, Harvey Jackson went

to the door, opened the door, and he and James White

came through the living room into the kitchen and Harvey

Jackson took a seat at the kitchen table.

{191 Q. Was there any conversation?

A. Yes, there was.

Q. Could you overhear that conversation?

A. Yes, I could.

Q. Would you relate it to the ladies and gentlemen of

the jury?

A. Yes.

Q. Relate the conversation you overheard as best you

can recollect.

Mr. Eskridge: Objection, your Honor.

The Court: Why?

Mr. Eskridge: The witness has testified that one Harvey

Jackson he is unable to find. Now this conversation is

alleged to have taken place with a third party present.

We have no way of telling what the conversation was if

a conversation was had with one Harvey Jackson.

The Court: Except he said the defendant was there.

I overrule the objection.

By Mr. McDonnell:

Q. Would you please state the conversation to the best

of your memory?

[20] A. Harvey Jackson greeted James White, said

‘*Hello.”’

Harvey Jackson said, ‘‘Come into the kitchen.’’

They entered the kitchen and Harvey Jackson took a

seat. James White stood at the table and then he took

from his right jacket pocket a blue wrapped package and

laid it on the table. Harvey Jackson asked James White

how many ounces were in the package. James White said,

‘*One good ounce.’’

Harvey Jackson said, ‘‘When will I get some more?”

James White said, ‘‘Just wait, I’ll come by tomorrow

and pick the money up first.’’

Q. Was anything else said at that time?

A. Not to my knowledge, with the exception that James

White told Harvey Jackson that he had a few stops to make

and that he was going to leave and he would see him

tomorrow morning.

Q. Did James White leave then?

A. Yes, he did.

Q. Incidentally, the James White you refer to now, is

that the James White you referred to previously as Jimmy

White?

[21] A. That is correct.

Q. And that is the defendant?

A. That is correct.

Q. After James White left, what did you do?

A. After James White left, I picked the blue wrapped

package up from the table, put it in my pocket and walked

to the door where I observed James White go into his ear,

enter his car, and he drove south on Drexel from my view.

I waited there a few minutes with the informant,—that is,

I waited with Harvey Jackson a few minutes. We then left

the resident, entered his car and drove back to 57th and

the Outer Drive where we had met earlier with Agents

DeFauw and Kirstann, and at that time I gave that blue

aie

5 eT eee gre :

PRES RS SES REO eR S z CNRS RENTS LF SY Pee a EI ae

wrapper package that White had put on the table to Agent

DeFauw.

» . - * *

[28] Q. Calling your attention specifically to 9:00 a.m.

[29] in the morning of December 10, 1965, did you have

occasion to go to 57th and Lake Shore Drive?

A. Yes, I did.

Q. Who was there when you got there, if anyone, or

did you go there—Strike that.

How did you go there?

A. I drove to that area with Agents Robert J. DeFauw

and William C. Kerstann.

Q. What happened when you got there?

A. We met with Harvey Jackson.

Q. After you met with Harvey Jackson, what happened?

A. After we met with Harvey Jackson, we had a con-

versation after which we drove in Agent DeFauw’s auto-

mobile—that is, Harvey Jackson, William C. Kerstann and

myself, along with Robert J. DeFauw, who was driving the

automobile, we drove to 65th Street and the Outer Drive

where a public outside telephone was located.

Q. What happened at that location, Agent Jackson?

A. At that location Harvey Jackson made a telephone

[30] call which was monitored by me with his permission.

Q. When you say ‘‘monitored’’ would you tell the ladies

and gentlemen of the jury what you mean?

A. I listened in on the conversation. I listened with

Harvey Jackson from the receiver to a conversation that

he had with someone.

Q. Did you see the number that was dialed?

A. Yes, I did.

Q. Will you tell the ladies and gentlemen what number

was dialed?

A. Harvey Jackson dialed the telephone number AB4-

1130.

Q. Did you on a subsequent occasion check that number

and see who the listing was for?

A. Yes, I did.

Q. Do you know who the listing was for at that time?

A. Yes, I do.

Q. Who was it?

BAER AES OEE ESR OY YE ee Oh STR RE CPOE Ip TR eCRTRE WER ORE ER IEEE

A. At that time that telephone number was listed to

Francis Thompson, 7500 South Wentworth Avenue, Chi-

cago, Illinois.

[31] Q. Do you know where the defendant James White

lived at that time?

A. 7500 South Wentworth.

Q. Have you ever heard the defendant James White’s

voice before December 10, 1965?

A. Yes, I had.

Q. Have you heard it subsequent to December 10, 1965?

A. Yes, sir.

Q. You say you monitored a phone call on December 10,

1965, around 9:15 or so, is that correct?

A. Yes, sir, that is correct.

Q. Did you recognize the voice on the telephone as you

listened in?

Mr. Eskridge: Objection.

The Court: I will overrule the objection.

By the Witness:

A. Yes, I did.

By Mr. MeDonnell:

Q. Whose voice was it?

A. It was the voice of

[32] Mr. Eskridge: Objection, your Honor. The moni-

toring device is a device which interrupts conversation

between two people, and in this case the defendant is identi-

fied as being the person on the phone and this is in violation

of the law both of Illinois and federal law, and the Federal

Constitution.

The Court: I will overrule your objection.

By Mr. McDonnell:

Q. Did you recognize the voice that spoke to you over

the phone and to Harvey Jackson over the phone?

A. Yes, I did.

Q. Whose voice was it?

A. It was the voice of the defendant James White.

Q. As best you can recall, please relate the conversation

FEELERS ESOT BERET EEN Lee IOI IS ALES

between Harvey Jackson and the defendant James White.

Mr. Eskridge: I make the same objection, your Honor.

The Court: I will make the same ruling. I overrule your

objection.

By the Witness:

A. James White answered the telephone.

[33] Harvey Jackson said, ‘‘This is Harvey.”’

James White said, ‘‘This is Jimmy. What is it?”’

He said, ‘‘I’m leaving the house in a little while and you

better come over and get the money now.”’

At the time James White said, ‘‘I’ll be over in about

an hour to pick up the money.”’

Harvey Jackson said, ‘‘I’ll be waiting.”’

Q. How long did this conversation last, if you remember?

A. Three seconds, three or four seconds.

Q. After that conversation, what, if anything happened?

A. After that conversation we went back to 57th and the

Outer Drive where Harvey Jackson was searched for money

and narcotics by Agent Robert J. DeFauw and Agent Ker-

stann in my presence. He didn’t find anything.

He then placed the radio kel set transmitter underneath

his outer garments. We tested it to see if it was working,

after which Harvey Jackson and I entered

[34] Q. Exeuse me. Did you say you tested to see if it

was working?

A. Yes.

Q. Was it working?

A. It was working, yes.

Q. All right. What happened after this?

A. After that Harvey Jackson and I entered his auto-

mobile and drove to his residence at 6141 South Drexel.

Q. Is that the same place that you previously testified

about?

A. It is.

Q. Tell us what happened when you arrived there, sir?

A. We arrived there, I had a cup of coffee, we talked,

we had conversation until approximately 10:30 or 10:45.

Q. What happened at 10:45, if you remember?

A. At approximately 10:45 a.m., from the window I ob-

served James White to drive up in a 1964 yellow convertible

Thunderbird.

Q. Did you see him after that?

A. Yes. He left the car and started for the gate to the

[35] yard of the residence. Then I went back to this

kitchen closet that I had concealed myself in previously

and concealed myself again.

Q. Is that the same closet you spoke of earlier?

A. It is the same closet, yes.

Q. What did you do with the doors of that closet?

A. I cracked the doors to where I could observe part of

the kitchen and the table immediately in front.

Q. When you say cracked the doors, can you fully explain

what you mean by that?

A. I opened them part way where I could see without

being seen.

Q. Is that a big closet?

A. Yes, it’s a pretty good-sized closet. The width is about

the size of the doors in back and it goes back, oh, I guess

about eight feet from where the doors open, it goes hack

about eight feet.

Q. Anything in there?

A. Yes, there was some junk in there.

[36] Q. Calling your attention to after you went in this

closet, what, if anything, happened that you remember?

A. James White came to the door, knocked on the door.

Harvey Jackson let him in. They came in and Harvey

Jackson told him to come in the kitchen and take a seat.

He entered the kitchen and they took seats at the kitchen

table.

Q. Both of them sat down, sir?

A. Yes, they did.

Q. What happened then?

A. After they sat down at the table, Harvey Jackson—

James White asked Harvey Jackson if he had the money.

Harvey Jackson said, ‘‘Yes.’’

Harvey Jackson took from his pocket the $1,000 that

Agent DeFauw had given him, counted the money out on

the table, handed it to James White who in turn counted

the money himself and put the money in his pocket.

Q. You saw this, is that correct?

A. Yes, I did.

(). What happened after this had transpired?

A. After he counted the money, James White told Harvey

Jackson—no, Harvey Jackson asked James White when he

[37] —he says, ‘‘ When am I going to get some more stuff?”’

James White said, ‘‘Saturday night, December 14th.”’

He said, ‘‘If there’s—’’ as I recall, he said, ‘‘Saturday

night, December 14th.’’ I think he said, ‘‘If there’s any

change in plans, I’ll give you a call, but if I call you, then

you’ll know that I mean the original designated time’’ which

was 6:00 p.m.

Q. Did he have occasion to leave then?

A. Yes, he did.

Q. After he left, what happened?

A. After James White left, Harvey Jackson and I waited

a few minutes until White was out of view, went to his car

and entered, drove back to 57th and the Outer Drive and

met with Agents DeFauw and Kerstann.

Q. Were they there when you got there?

A. No, they were not.

Q. How soon after you got there did they arrive?

A. I think about 15 or 20 minutes.

A. What happened when they arrived?

[38] A. When they arrived, Agent DeFauw—we had a

conversation, Agent DeFauw, Kerstann and I with the

informant? Agent DeFauw then took the radio kel trans-

mitter set from Harvey Jackson’s person—that is, he took

it from underneath his outer garments, and then we, as I

recall, drove to the office of the Bureau of Narcotics.

Q. Now, Agent Jackson, on the occasion that you saw

James White the defendant transfer the narcotics or the

blue package to the informer Harvey Jackson, did you see

Harvey Jackson deliver to the defendant a narcotic written

order transfer issued in blank by the Secretary of the

Treasury or his delegate?

Mr. Eskridge: Objection.

The Court: Why?

Mr. Eskridge: The question is leading.

The Court: I don’t how he can ask it in any other way.

I will overrule the objection.

By the Witness:

A. No, I did not.

— SERIES RPT ENE ATP NT EEN LS OMEED GE PEIN LO OTE EAE SI SNOT NE AE TEINS

By Mr. McDonnell:

Q. Did you or anyone in your presence deliver to Harvey

[39] Jackson such a blank to give to the defendant James

White?

A. No.

Q. Agent Jackson, calling your attention to Saturday,

December 11, 1965, at approximately 5:00 p.m., do you

know where you were then?

A. Yes, I do.

Q. Where were you, if you remember?

A. As I reeall, I was at 59th and Stony Island.

Q. Were you there alone?

A. No, I was not.

Q. Who was there with you?

A. Agents DeFauw and Kerstann.

Q. Anybody else?

A. There were other agents of the office of the Bureau

of Narcotics, yes.

Q. Was there anybody else there besides agents of the

Bureau of Narcotics and yourself?

A. Harvey Jackson.

Q. What happened at that location at that time?

A. At that location we had a conversation with Harvey

Jackson. Agent DeFauw searched him for money and nar-

coties. He didn’t have either.

[40] He then strapped the radio kel transmitter set on

his person and we tested to see if it was in working order.

Q. Was it in working order?

A. It was.

Q. What happened then?

A. After that Harvey Jackson and I entered his ear and

drove to Lake and Wells Street where Harvey Jackson

parked on Wells Street between Lake and Wacker on the

east side of the street across from a parking establishment.

Q. Calling your attention specifically to about 6:00 p.m.

on December 11, 1965, did you have oceasion to see the

defendant Jimmy—excuse me, James White?

A. Yes, I did.

Q. Tell the ladies and gentlemen of the jury just what

happened, please?

A. At about 6:00 p.m. the defendant White came from

the west on Lake Street, made a turn, parked in front of a

OLE ARENT GT LEME LEPTIN IED SUP LINEN. MTSE IE I

RI Oe Pee a

restaurant on the southwest corner. At that time I signaled

for Harvey Jackson to leave his car.

{41] @. What happened then?

A. Harvey Jackson left his car, started walking about

half a block—well, he walked about half a block, but before

he could get to the car, James White drove off.

Q. What did you do then?

A. After James White drove off, I went and met with

Harvey Jackson. We sat there for a few minutes.

I got out of the car, crossed the street to the parking area,

and we waited there for about an hour.

Q. Now calling your attention to approximately 7:00 or

7:15 p.m., did you have occasion to see other members of

the Federal Bureau of Narcotics?

A. Yes, I did.

Q. Who did you see?

A. Agents Kerstann, DeFauw, and there were other

agents I don’t remember.

Q. What happened when you saw them?

A. We had a conversation with Harvey Jackson.

Q. What happened after that conversation, if you re-

member ?

[42] <A. After the conversation with Harvey Jackson, we

went to the telephone.

Q. Who do you mean by ‘‘we’’?

A. Agent DeFauw, Harvey Jackson, Kerstann and my-

self.

Q. What happened at the telephone? Where was the

telephone, by the way?

A. As I recall, the telephone was in this drug—I am

sorry, it was in the restaurant on the southwest corner

that the defendant had parked in front of.

Q. What happened at that location?

A. At that location Harvey Jackson made a telephone

call to the defendant’s residence.

Q. What did you do?

A. I monitored it.

Mr. Eskridge: Objection. The witness stated that Har-

vey Jackson made a telephone call to the defendant’s resi-

dence. There is no way or nothing certainly in this evidence

of how this witness knew or that this witness

—

The Court: If he didn’t do anything, he may state he

didn’t.

[43] You may answer over objection.

By Mr. MeDonnell:

Q. Agent Jackson, you were present when a phone call

was made, is that correct, sir?

A. Yes, I was.

Q. Who dialed the number?

A. Harvey Jackson.

Q. What number did you see him dial?

A. AB4-1130.

Q. Is that the same number that was dialed before at 67th

and the Outer Drive, sir?

A. That is correct.

Q. Did you hear the voice at the other end of that phone?

A. Yes, I did.

Q. Did you hear the voice at the other end of the phone

on December 11, 1965?

A. Yes, I did.

Mr. Eskridge: Pardon me. Do I understand that there

was a radio device or some kind of an electronic device

attached to a telephone?

The Court: Are you asking me? I am not the witness.

[44] If you have any objection, you make your objection.

I can’t answer your question. I am not the judge of the

facts here. I have told the jury that the jury will judge

the facts from the evidence. You will be afforded an oppor-

tunity to ask questions on cross examination, Mr. Eskridge.

Mr. McDonnell: May I proceed, your Honor?

The Court: You certainly may.

By Mr. McDonnell:

Q. What specifically did you do after he dialed that num-

ber?

A. I listened in on the receiver—that is, I put my head

close to his where we both could listen in on the receiver

and could hear the voice.

Q. Did you recognize the voice on the other end of the

receiver?

A. Yes, I did.

- aes

: uni PRAM RPE BIG aE Hoe SSE BEG

(). Whose voice was it?

A. The defendant James White’s.

[45] Q. What was said between Harvey Jackson and the

defendant James White?

A. At that time James White answered the telephone and

Harvey Jeckson said, ‘This is Harvey.’’

James White said, ‘‘ Yes.’’

Harvey Jackson said, ‘‘What happened? 1 waited down

here about two hours on you and I didn’t get a chance to

meet you.”’

He said, ‘‘Well, | was there and 1 waited about a few

minutes, and I left. You know I don’t like to linger around

when I got something on me.’’

(). Was that the end of the conversation?

A. Harvey Jackson asked James White when he was

going to get some more heroin, he said ‘‘stuff.’’

James White said, ‘‘ Well—”’

As I recall, this was when he said, ‘‘December 14th.’’

Q. Now in the business that you are in, Agent Jackson,

is the language of the street can you tell the ladies and

gentlemen of the jury what ‘‘stuff’’ means?

A. Heroin.

[46] Q. Now you say that the defendant James White

said he could get some more stuff on the 14th, is that cor-

rect, sir?

A. That is correct.

Q. What happened after he said that?

A. After he said that, he told Harvey Jackson that he

would call him.

Q. All right. And then what did you do?

A. That was the extent of the conversation, as I recall.

Harvey Jackson hung up the receiver and we left. We left

the restaurant and went back to his car. I went with him,

Agent DeFauw and Kerstann back to their car and we

drove back to the office of the Bureau of Narcotics.

Q. What happened at the Bureau of Narcotics, if you

remember?

A. We had conversations with Harvey Jackson.

Q. Do you specifically remember if Harvey Jackson had

the kel set at this time?

A. The kel set was taken from his person at that time.

Q. Were you on duty as a Federal Bureau of Narcotic

Agent on December 14, 1965?

a PEAR TPR HOSES NAIR EE HRN TNO RL HR NTA HMR OS RTI” RNR

[47] A. As I recall, I was on another investigation or |

might have been on leave. I think I was on another in-

vestigation.

Q. Calling your attention to December 16th, were you

still on leave or on an investigation?

A. I think I was on leave on the 16th.

Q. Calling your attention to December 28, 1965, at ap-

proximately 3:30 p.m., did you have occasion to be in the

vicinity of 67th and Stony Island in the City of Chicago?

A. Yes, I did.

Q. Were you alone or were you with someone?

A. I was with Agents Robert J. DeFauw and Raymond

L. Vinsik.

Q. What happened there, if you remember?

A. We met with Harvey Jackson.

Q. What occurred when Harvey Jackson came?

A. When Harvey Jackson came, he was searched by

Agent DeFauw for money or narcotics, his person was

searched. Then his car was searched. I searched his car

for money or narcoties and I found neither. Agent Defauw

then placed the radio kel transmitter set on his person.

[48] Q. What happened after the kel set was placed on

his person?

A. Agent DeFauw gave Harvey Jackson $1200 in official

advance funds—$1250, I am sorry.

Q. At that time was the kel set in good working order?

A. It was.

Q. Now after the $1250 was given to the informant Har-

vey Jackson, what did you do?

A. Harvey Jackson and I entered his car and drove to

his residence at 6141 South Drexel.

Q. Calling your attention to approximately 6:00 p.m.,

what, if anything, happened? That is 6:00 p.m. on Decem-

ber 28, 1965.

A. Harvey Jackson and I were sitting in the front room

facing the window. About 6:00 p.m. I observed the defend-

ant White drive up in this black 1962 Cadillac and park his

car. He then started for the gateway to the yard of the

residence.

Q. What did you do then?

A. I went to this closet and concealed myself.

[49] Q. Was this closet the same closet you have spoken

of on two prior occasions?

Arman EK BT TREE

wel’ iit a ea aah dead. hed il ata al

A. It is.

Q. What happened after you got in the closet?

A. After I got in the closet, there was a few minutes and

then there was a knock at the door. Harvey Jackson opened

the door and he and James White walked into the kitchen.

Q. Was there a conversation between James White and

Harvey Jackson?

A. Yes, there was.

Q. Did you overhear it?

A. Yes, I did.

Q. Will you tell the ladies and gentlemen of the jury and

his Honor just exactly what you remember you overheard?

A. Harvey Jackson greeted James White, told him that

he had been expecting him and that he was waiting on him.

At that time I think James White said, ‘‘It’s getting

colder. It’s a little colder than I thought it would be.’’

They then entered, they then took seats at the table, and

[50] White asked Harvey Jackson if he had the money.

Harvey Jackson said, ‘‘ Yes, I have $1250.”

James White said, ‘‘ All of it?’

He said, ‘* Yes.”’

Harvey Jackson counted out the money on the table.

After he counted the money out, he handed it to James

White who then counted the money. James White put the

money in his pocket. At that time Harvey Jackson asked—

James White said, ‘‘I can’t stay around, I got to leave.

I got a couple more stops to make.”’

Harvey Jackson asked James White, he said, ‘‘Are you

going by Harry B’s?’’

He said, ‘‘No, somebody you don’t know.”’

Q. Was there any further conversation?

A. As I recall, there was not.

Oh, yes, there was some more conversation. James White

told Harvey Jackson that he would in the future have to get

the money that he was getting from him for the narcoties,

he would have to receive it faster because, he said, ‘‘The

Dago wants the money and I can’t be waiting around for it.

I got to give the guy his money.”’

[51] Q. All right. Was that the end of the conversation

then?

A. Yes, it was.

Q. What happened after that conversation ended?

A. After that conversation, James White told Harvey

eT ee ok OE TE a a ee CRA 7%

—

Jackson that he would see him later. He left. I waited

around a few minutes and I came out of the closet.

Q. What did you do then?

A. I walked to the door, saw James White get in his car,

and he drove off. Harvey Jackson and I waited a few

minutes and then we drove back to 67th and Stony Island

where we met with Agents DeFauw and——

Q. Iam sorry, T didn’t hear.

A. We went to 67th and Stony and waited for Agents

Vinsik and DeFauw. I don’t think they showed up and

we drove to the office of the Bureau of Narcotics.

Q. Calling your attention to after the defendant James

White left the residence of Harvey Jackson at 641 South

Drexel, did you have occasion to search the informant?

[52] A. Yes, I did. I searched his person for money and

narcotics. He didn’t have cither. And I took the kel set

from his person.

Q. After you got to the Bureau of Narcotics—after you

returned to the Bureau of Narcotics, what, if anything,

occurred at that location?

A. We waited there for Agent DeFauw and Agent Vinsik

who did come a little time shortly after. After they arrived

with other agents of the Federal Bureau of Narcotics, we

had a conversation with Harvey Jackson.

Q. You had a conversation?

A. Yes.

Q. Now calling your attention again to your being in the

residence of Harvey Jackson at 6141 South Drexel, did you

see the defendant James White at that time, or did you see

the informant Harvey Jackson at that time deliver to the

defendant James White a written narcotic transfer order

issued in blank for that purpose by the Secretary of the

Treasury or his delegate?

A. No, sir, I did not.

Q. Did you or anyone in your presence deliver to Harvey

[53] Jackson such an order to deliver to James White.

A. No.

Q. Calling your attention to January 5, 1966, Agent Jack-

son, specifically calling your attention to around 5:00 p.m.,

do you know where you were at that time on that date?

A. Yes, I was at 67th and Stony Island.

Q. Were you there alone or were you with someone?

A. I was with other agents.

—

Q. Was there anybody else there?

A. Harvey Jackson, yes.

Q. What happened at that location?

A. Agents Robert J. DeFauw, William C. Kerstann, Har-

vey Jackson and myself had conversations.

Q. After the conversations were over, what did you see?

A. After the conversations, Agent DeFauw searciied Har-

vey Jackson’s person for money and narcotics. He then

placed the radio kel transmitter set underneath his outer

garments. I searched Harvey Jackson’s car for money or

narcotics. I found neither. We had further conversations

[54] and after that Agent Robert DeFauw gave Harvey

Jackson $1300 official advance funds.

Q. Did you have occasion to do something after Harvey

Jackson received the official advance funds? Did you have

oecasion to go somewhere or do something after Harvey

Jackson received the $1300?

A. Yes. Harvey Jackson and I entered his car and drove

to his residence at 6141 Drexel.

Q. Calling your attention specifically to his residence, do

you remember what time you arrived there?

A. About 5:30.

Q. When you got to his residence, what did you do?

A. We waited there until about 6:00 p.m., as I recall.

Q. Calling your attention specifically to between the hours

of 6:00 and 6:20 p.m., what, if anything, occurred that you

remember?

A. At that time James White drove up in this same black

1962 convertible Cadillac. It is a white top with a black

bottom. He parked the car

[55] Q. Excuse me. Is that the same car you have been

referring to previously?

A. Yes, but I had not mentioned the white top.

He parked the car, left the car and started—that is, he

started toward the gate to the entrance to the yard of the

residence.

Q. What did you do then?

A. I went to this same closet and concealed myself after

he had entered the date.

Q. What happened then?

A. After I entered the closet, I heard a knock on the door.

Then I heard Harvey Jackson invite the defendant inside

the house. Inside the house Harvey Jackson told James

White to come into the kitchen and have a seat. They

entered the kitchen, took seats at the table, and at that time

James White asked Harvey Jackson if he had the other

money. Harvey Jackson said, ‘‘Yes, I got $1300.’’ He

counted out $1300 that he took from his pocket, counted

the money out, put it on the table. James White picked

the money up, he counted it, and tola Harvey Jackson that

[56] he had counted it too fast. After James White counted

the money, he told Harvey Jackson that he now owed him

$950 and that he wanted that as soon as possible. Harvey

Jackson said, ‘‘When do you want it?’’

James White said, ‘‘Come by the restaurant and I'll get

“.”

Q. Was there any further conversation that you remem-

ber, sir?

A. Yes, there was. Harvey Jackson asked James White

when could he expect more heroin?

James White said, ‘‘Probably after I get back from out

of town.’’ He said, ‘‘I’m leaving town, I won’t be back

until after the 8th,’’ and he says ‘‘ You’ll need some because

there’s going to be a panic.’’

Harvey Jackson said, ‘‘There is?’’

He said, ‘‘Yes.’’ He said, ‘‘ You better hurry up and get

it to me then.”’

As I recall, he then told Harvey Jackson that he had

some more people to see, he mentioned that he had to see

Marry B. and his brother, and then there were a couple of

other people he had to see, and he then told Harvey Jackson

[57] to come by the club with the rest of the money and

they would talk about getting the stuff.

. Was this the end of the conversation?

. Yes, that was the end of the conversation.

. Did you see what happened then?

. James White left.

. What hapened after White left?

. After White left, Harvey Jackson and I waited a few

minutes in his residence. While we were waiting, I took

the kel set from his person, put it in my pocket. I searched

him. We then drove in his car back to 67th and Stony

Island where we met with the agents that we had met with

earlier, Agents Kerstann, DeFauw, and there were other

REBELS OORT Be ASTI ETI REY OTD OYE RAEN 0 TRENT ee aes hy

OPO YO

agents from our office, and all of us then drove to the office

of the Bureau of Narcotics where we had conversations

with Harvey Jackson and the other agents.

[61] Cross-examination.

By Mr. Eskridge:

Q. Mr. Jackson, you spoke of an informant by the name

of Harvey Jackson. Now you testified that you last saw

him in January of 1966?

A. To the best of my knowledge that’s the last time I

saw him, yes.

Q. Now have you been to his home since that time?

. Yes, I have.

. Does he still live there?

. No, he doesn’t.

Did you make an effort to find out where he moved to?

. Yes, our office has made efforts to locate him.

Did you make an effort?

Yes, I have made efforts.

- What did you do in the efforts that you made to locate

this ‘Harv ey Jackson?

[62] A. I talked with his wife. She stated she didn’t know

where he was. I visited a couple of places that she said he

frequented, a couple of taverns not too far from there. I

checked with the Light Company. We checked with Missing

Persons of the Police Department. Also the FBI made

endeavors to locate Jackson.

rh ererer

Q. How long ago was it that you went to his home?

A. Around July or August.

Q. And you talked to his wife?

A. Yes.

Q. What kind of work did he do?

Mr. MeDonnell: Objection, your Honor.

The Court: I sustain the objection.

By Mr. Eskridge:

Q. Did you know where he worked?

Mr. MeDonnell: Objection.

The Court: I will sustain the objection.

— OSI san RimeROSS ore See te ee ASAT UIOMACS NipENSGS Ott Ap Lee

By Mr. Eskridge:

Q. Besides going to his home and talking to his wife, did

you go anywhere else to look for him besides the taverns?

(63] A. We checked with Missing Persons at the Police

Department.

Q. Did you go any other place?

A. No.

Q. Just the taverns and his home?

A. The taverns, his home and the FBI made some en-

deavors, and we checked with Missing Persons of the Police

Department.

[64] Q. When you got to Harvey Jackson’s home, do I

understand that Harvey Jackson permitted you to enter

his home?

A. I went with him. He opened the door and I went in

with him.

Q. When you went in with him, did he give you per-

mission to move into his closet, or did you ask him?

[65] A. Yes, he had given me permission. He had men-

tioned that there was a closet and that he usually did busi-

ness with James White in the kitchen.

. * * * *

[107] Rosert J. DeFavw, a witness called by and on behalf

of the government, having been first duly sworn, was exam-

ined and testified as follows:

Direct examination.

By Mr. MeDonnell:

Q. Now calling your attention, Agent DeFauw, to Decem-

[108] ber 9, 1965, around 7:00 p.m. that evening, do you

know where you were?

A. Yes. I was at 57th and the Lake Shore Drive, Chi-

cago, Illinois.

Q. Were you there alone?

A. No. I was in the company of Agent Jackson and

Agent Kerstann.

Q. Did you have occasion to meet someone there?

A. Yes. I met Harvey Jackson at that location.

Q. After Harvey Jackson came, what happened, if any-

thing?

A. We had a conversation.

[109] Q. Pursuant to that conversation did you do any-

thing?

A. Yes. I searched Harvey Jackson, found neither nar-

cotics nor money on his person. Subsequent to the search I

placed a kel set transmitter under Jackson’s outer clothing.

Q. What is a kel set transmitter?

A. It is a radio transmitter which is capable of trans-

mitting voices and sounds which we are able to receive over

our car radio.

Q. How far can these voices and sounds be transmitted?

A. That depends a lot on the area in which you are in

in the city. We have received communication up to a mile.

Q. Calling your attention to this evening around 7:15

p.m., did you have occasion after you strapped the kel set

transmitter onto Harvey Jackson, did you have occasion

to do something?

A. I had Jackson speak at various ranges from our

vehicle and I was able to hear his voice over our receiver.

Q. Was the Kel set in good working operation?

[110] <A. Yes, it was.

Q. What happened then, Agent DeFauw?

A. Agent Jackson and Harvey Jackson then entered Iar-

vey Jackson’s vehicle and I followed them to 6141 Senth

Drexel, the residence of Harvey Jackson.

Q. On the way there did you have occasion to do any-

thing concerning the kel set transmitter?

A. Yes. Agent Jackson spoke to Harvey Jackson. I

blinked my headlights to show them I was receiving their

transmissions.

Q. After you got to 6141 South Drexel—

By the way—Strike that, Miss Reporter.

What is in the vicinity of 6141 South Drexel?

A. Directly across the street from the informant’s resi-

dence is a convalescent home.

Q. How big is that?

STN RE EEE Se tg

A. It is quite a large building, it almost takes up the

entire block.

Q. Now after you arrived at 6141 South Drexel, what

did you do?

[111] A. I instituted surveillance of 6141 South Drexel,

the residence of Harvey Jackson.

Q. Were you there alone or were you there with someone?

A. I was with Agent Kerstann.

Q. Calling your attention to around 8:00 p.m., did you

; have occasion to see someone that you know?

i A. Yes, I did.

Q. Who did you see?

A. Lobserved James A. White park a 1962 Cadillac con-

vertible in front of 6141 South Drexel and enter that ad-

dress.

: Q. Could you describe the Cadillac convertible?

q A. It is a black convertible with a white top and it has

: 1965 Illinois license No. LA 2621.

Q. Do you see the same person in court today that you

$ saw on that occasion?

: A. Yes, sir, I do.

Q. Would you point him out, please?

A. He is seated behind counsel wearing a brownish-

4 colored suit.

Q. Is that the man that you know as James A. White?

‘ [112] A. Yes, it is.

5 Mr. McDonnell: Would the record reflect the fact that

% the agent has pointed out the defendant James A. White?

} The Court: The record may indicate that this witness

2 has identified the defendant White in open court.

i By Mr. McDonnell:

4 Q. Now after Mr. White pulled up in his Cadillac, what,

if anything, happened?

A. I observed him park the vehicle in front of 6141 South

Drexel and enter that residence.

Q. Did you have occasion to do anything then?

A. IT heard Harvey Jackson say, ‘‘Hello, Jimmy. Come

on in and sit in the kitchen away from the children.”’

PARE PREY EE RLY HE DELLA EIEN PURE ERP LER TPL INE PILES, MFRS TA EG Aw 3 |

—

[115] Q. I now show you what has been marked as Gov-

ernment’s Exhibit Z and ask you if that refreshes your

recollection.

The Court: That is Z for identification.

Mr. McDonnell: Yes, sir.

By the Witness:

A. Yes, it does. This is a memorandum report which I

prepared on December 14, 1965, and my signature appears

at the bottom of the first page.

By Mr. MeDonnell:

Q. Does that refresh your recollection?

A. Yes, it does.

Q. Would you tell us now what the conversation was

between the defendant James A. White and the informer

Harvey Jackson without reading therefrom?

Mr. Eskridge: Objection. He is reading from some-

thing

The Court: He hasn’t started to read yet. The question

was put to him with a direction to the witness not to read.

[116] He may answer over the objection.

By the Witness:

A. Generally the informant stated, ‘‘ Hello, Jimmy. Come

on in. Sit in the kitchen away from the children.”’

| Then I heard White’s voice stated, ‘‘I’ve got the package

for you’’ and I heard Harvey Jackson state

Mr. Eskridge: I am sorry, your Honor, I still can’t hear

him.

The Court: Try shouting at Mr. Eskridge. The lawyer

ean’t hear you.

The Witness: Can you hear me now, Mr. Eskridge?

I then heard the informant say, ‘‘How much is in the

package?”’

IT heard White’s voice state, ‘‘ There’s a pretty good ounce

in there.”’

Then I heard the informant state, ‘‘You know I don’t

have the money yet.’’

And I heard White’s voice state, ‘‘I’ll be back tomorrow

morning to pick it up.’’

And the informant said, ‘‘ All right. I'll see you then.”

[117] I heard the defendant White say, “‘I’ve a couple

of stops to make.’’

And that was the end of the conversation as I remember

it.

By Mr. McDonnell:

Q. Subsequent to the conversation, what, if anything,

did you see?

A. Isaw James White leave 6141 South Drexel and enter

his vehicle.

Q. What, if anything, did you do then?

A. I followed White to 7500 South Wentworth Street

where I observed him park his car and enter a dwelling

located at that address.

Q. Would you describe that dwelling, if you can?

A. It is a brick, one-family home. I would say it is a

fairly nice-looking home, it is quite expensive, I would say.

Q. Now at that location what did you do?

A. I continued surveillance of White’s residence for

approximately 45 minutes and then the surveillance was

discontinued. =

Q. What did you do then?

[118] A. I returned to 57th and Lake Shore Drive where

I met with Agent Jackson and Harvey Jackson.

Q. What occurred at that location?

A. Agent Jackson handed me a blue paper package which

I examined.

Q. Will you tell the ladies and gentlemen of the jury

what your examination consisted of?

A. I found the blue paper to contain a piece of aluminum

foil which further contained a plastic bag which contained

a quantity of white powder.

Q. Would you tell the ladies and gentlemen what you

did then?

A. I performed a field test with a marquis reagent on a

small portion of the white powder contained in the plastic

bag in the presence of Agent Jackson and Agent Kerstann,

and I observed a positive reaction.

Q. Tell the ladies and gentlemen what a positive reaction

on a field test is.

A. A marquis is an acetic solution, and if one places an

opiate into this solution, the solution turns a purplish color.

Q. What happened on that occasion?

1119] A. The solution turned a purplish color.

Q. What did you do then?

A. I then retained custody of the evidence. Then I

searched Harvey Jackson and I found neither narcoties

nor money on his person. Subsequent to the search I

removed the kel set transmitter from Jackson.

Q. What happened after you removed the kel set trans-

mitter?

A. Agent Jackson, Agent Kerstann and Harvey Jackson

and I then returned to the offices of the Bureau of Narcotics.

[121] Q. After the kel set was placed on Harvey Jackson,

did you have occasion to do something concerning it?

A. Yes. I furnished Harvey Jackson with $1,000 of pre-

viously-recorded official advance funds.

Q. With regard to the kel set, did you have occasion to

do something concerning the kel set, sir?

A. We tested the kel set transmitter and found it to be

in working order.

Q. Subsequent to your giving Harvey Jackson the

$1,000—

Incidentally, where did you get the $1,000?

A. From the office of the Bureau of Narcotics at Chicago,

Illinois.

Q. After you gave Harvey Jackson the $1,000, what, if

anything, did you do?

A. Agent Jackson then entered Harvey Jackson’s vehicle

and they drove to 6141 South Drexel. I followed them to

that location.

[122] Q. Calling your attention to approximately 10:45

a.m. on December 10, 1965 did you have occasion to see

someone that you know?

A. Yes, sir, I saw James A. White.

Q. Is that the defendant?

A. The defendant James A. White park a 1964 Thunder-

bird convertible in front of 6141 South Drexel. The thun-

derbird convertible at that time had a 1965 Illinois license

plate on it FG 8688.

Q. Are you sure of the license number of that auto-

mobile?

A. I may be mistaken.

Q. Have you reviewed your file on the license number

at all, Agent DeFauw?

A. Yes, I have reviewed my file, but I may be mistaken

on the plate number.

Q. Did you write down the license number?

A. Yes.

Q. Subsequent to that did you have occasion to find

out who the license plate on that automobile was listed

as belonging to?

A. The vehicle was registered to a Frances White at

7500 South Wentworth.

Q. Do you know who Frances White is, sir?

[123] A. I believe she is the wife of the defendant James

A. White.

Q. Calling your attention to that date, December 10,

1965, at approximately 10:45 a.m., did you have occasion

to see where the defendant James A. White proceeded

after he left the automobile?

A. I observed the defendant White enter 6141 South

Drexel.

Q. Whose home is that, if you know?

A. The residence of Harvey Jackson.

Q. What occurred after that?

A. After that I heard a conversation between Harvey

Jackson and James White.

Q. Can you state fully from your memory with exactness

that conversation?

A. I can state merely:

Mr. Eskridge: Objection. This was a conversation over

a radio and the objection was made before, your Honor,

that the radio communication was in violation of the

statute.

The Court: I overrule the objection.

: = * * .

a? =

A. No, I cannot.

Q. Is there anything that will refresh your recollection?

A. Yes, the report which covers that particular event.

Q. I now show you what has previously been marked as

Government’s Exhibit Z for identification. I ask you to

look at it and I ask you if that will refresh your recollec-

tion?

A. Yes, it will.

Q. Are you finished?

A. Yes, I am.

Q. Would you state now the conversation that you heard

on December 10, 1965, at 6141 South Drexel?

A. As I observed James A. White enter 6141 South

Drexel, I heard his voice say, ‘‘Hi. Have you got the

money?”’

And I heard Harvey Jackson say, ‘‘Yes, I’ve got the

grand.”’

[125] Q. Could you identify the voices?

A. Yes.

Q. Continue, please.

A. I then heard Harvey Jackson mumbling some num-

bers. Then I heard Harvey Jackson say, ‘‘Here, you

count it to make sure it’s right.’’

I then heard the defendant White’s voice mumbling

some numbers and I heard him say, ‘‘Yes, it’s all here.’’

I then heard White say, ‘‘I’ll have another one for you

Saturday.”’ He said, ‘‘I’d like you to meet me at six

o’clock at Lake and Wells Street, but if there’s any change,

I’ll call you on the phone, and if I tell you to meet me

at four, that means to meet me at six, because you never

know when the telephone is funny.’’

So the informant agreed to that, and that terminated

the conversation to the best of my knowledge..

Q. Subsequent to the termination of this conversation,

Agent DeFauw, did you have occasion to see the defendant

James White again?

A. Yes, I did.

[126] Q. Where did you see him?

A. I observed him leave Harvey Jackson’s residence,

enter the Thunderbird convertible, and I followed him

back to 7500 South Wentworth Street where I observed

him park the car and enter his residence.

Q. Did you stay in that vicinity?

A. For a short period of time.

Q. Did you have occasion to go somewhere else after

that?

~ nar

A. Yes. Agent Kerstann and I then returned to 57th

and Lake Shore Drive where I met with Agent Jackson

and Harvey Jackson.

Q. What happened at 57th and Lake Shore Drive?

A. We had a conversation.

(). In pursuance of that conversation, did you have occa.

sion to do anything?

A. Yes, I searched Harvey Jackson and found neither

narcotics nor money on his person. I then removed the

kel set transmitter from Harvey Jackson.

[133] Q. Agent DeFauw, calling your attention to De-

cember 11, 1965, at approximately 5:00 p.m., do you have

any idea where you were at that time on that date?

A. Yes. I met with Harvey Jackson, Agent Jackson

and Agent Kerstann at 59th and Stony Island Streets.

Q. What occurred at that location?

A. We had a conversation.

Q. Pursuant to that conversation did you do something?

A. Yes. I searched Harvey Jackson, found neither nar-

cotics nor money on his person, I then placed the kel set

transmitter under his outer clothing and tested the trans-

mitter to make sure it was working.

Q. Was it working, sir?

A. Yes, it was.

[134] Q. What happened then?

A. Agent Jackson searched Harvey Jackson's vehicle.

Then Agent Jackson and Harvey Jackson drove to the

vicinity of Wells and Lake and I followed them to that

location.

Q. What happened in that vicinity?

A. T observed Harvey Jackson park his personal vehicle

about mid-block between Lake and Wacker Drive on the

east side of Wells Street.

Q. And in what position would his car be facing?

A. His vehicle was going north.

Q. What did you dot

A. I instituted surveillance in the vicinity of Lake and

Wells Streets.

Q. Calling your attention to approximately 6:00 p.m.

did you have occasion on that date to see anyone that you

know?

A. Yes. I observed the defendant James A. White park

his 1962 black Cadillac convertible bearing license No.

LA 2621 on the west side of Wells Street just south of Lake.

Q. Now what position would his car be facing?

{135} <A. His car was facing south.

Q. What happened at that time?

A. I observed the defendant White remain at that loca-

tion for a very short period of time and then he drove off

south on Wells Street out of view.

(). Did you see anybody else in that area that you know?

A. I observed Harvey Jackson walking south on Wells

Street to the place where the defendant White had parked

his ear.

Q. Did they meet?

A. No, they did not.

Q. After the defendant James A. White drove off in his

Cadillac, what did you do?

A. Imet with Agent Jackson, Harvey Jackson and Agent

Kerstann and we had a conference.

Q. Calling your attention to around 7:00 or 7:15 p.m.,

what, if anything, occurred?

A. We entered a restaurant which is located on the west

side of Wells Street south of Lake Street, I believe it is

called Pixley Ehlers’ restaurant.

Q. What occurred in that restaurant, sir?

[136] A. Agent Jackson and Harvey Jackson went to the

public telephone. I observed Harvey Jackson dial tele-

phone number AB 4-1130 and I observed Agent Jackson

place his ear close to the receiver while Harvey Jackson

spoke.

Q. Could you hear the conversation?

A. No, I could not.

Q. Subsequent to that conversation, did you have occa-

sion to go to Columbus Drive in the City of Chicago?

A. Yes. Subsequent to the conversation, Agent Jackson,

Agent Kerstann, Harvey Jackson and I proceeded to Co-

lumbus Drive just north of Congress where we had a con-

ference.

Q. What happened there?

A. I searched Harvey Jackson, found neither narcotics

nor money on his person, and I then removed the kel set

transmitter which I had previously placed on him.

Q. What did you do then?

= a RR Re RT ae ee e Se hile tat

A. We returned to the offices of the Bureau of Narcotics

where we had a conference.

[138] Q. Now calling your attention, Agent DeFauw, to

December 14, 1965, and specifically to the hour of 7:00 p.m.

that evening, did you have occasion to be in the vicinity

of 59th and Stony Island Avenue in the City of Chicago?

A. Yes, I did.

Q. Were you there alone?

A. I was with Agent Kerstann and Harvey Jackson.

Q. What happened at that time and place?

A. I searched Harvey Jackson, found neither money nor

narcotics on his person. Agent Kerstann searched Harvey

Jackson’s vehicle and found neither money nor narcotics

in the vehicle.

I then placed the kel set transmitter on Harvey Jackson

under his outer clothing, tested the transmitter and found

it to be in working order.

Q. What happened after you tested the kel set?

[139] A. I furnished Harvey Jackson with $360 of pre-

viously-recorded official advance funds.

Q. What happened then?

A. Harvey Jackson entered his vehicle and I followed

him to 7500 South Wentworth.

Q. What did you see at that location, if anything?

A. I observed him park his car and enter the residence

at 7500 South Wentworth.

Q. Do you know who lives there? Strike that.

Did you know who lived there on December 14, 1965!

A. Yes, I did.

Q. Who lived there then?

A. James A. White.

Q. After Harvey Jackson entered the residence at 7500

South Wentworth, did you have occasion to do something

or hear something?

A. Yes. I received voices over the radio in my vehicle.

Q. Did you recognize any of the voices that you heard!

A. Yes, I did.

[140] Q. Whose voices were they?

A. The voices of the defendant James A. White and

Harvey Jackson.

Q. Can you recall specifically what the conversation be-

tween Harvey Jackson and the defendant James White was

on December 14, 1965, at 7500 South Wentworth Avenue?

TROT NN IS NTS AINE TTI SRR YEATES COTE

A. No, I cannot.

Q. Is there anything that will refresh your recollection?

A. Yes, the report governing the event which took place

on that date.

Mr. MeDonnell: Mark this as Government’s Exhibit Y

for identification.

By Mr. McDonnell:

Q. I now show you what has been marked as Govern-

ment’s Exhibit Y for identification and I ask you if this

is the report to which you testified?

A. Yes, this is the report which states the event which

took place on December 14, 1965.

[141] Q. Specifically calling your attention to paragraphs

3 and 4, do you recognize those paragraphs?

A. Yes, I do.

Q. Does this refresh your recollection as to the con-

versation between the defendant Harvey Jackson, the in-

formant, and the defendant James A. White on December

14, 1965, at 7500 South Wentworth Avenue?

A. Yes, it does.

Q. Would you read it, please, and refresh your recol-

lection?

Are you finished, sir?

A. Yes.

Q. Has your memory been refreshed?

A. Yes, it has.

Q. Will you please tell the ladies and gentlemen of the

jury the conversation that you overheard between the de-

fendant James A. White and the informant, Har «vy Jack-

son?

A. I heard James A. White state, ‘‘Do you have $360?”’

I heard Harvey Jackson’s voice reply, ‘‘ Here it is, here’s

the $360. You count it.’’

[142] Q. Did you recognize these voices?

A. Yes, I did.

Q. They were the voices of whom?

A. They were the voices of the defendant James A.

White and Harvey Jackson.

Q. Please continue, Agent DeFauw.

A. I then heard the defendant White mumble some num-

bers, and after that I heard him say that he’d give Harvey

Jackson another two ounces on Thursday, December 16,

1965, and he stated he wanted $1250 for two ounces and

he wanted the money within a week and a half after he

delivered the merchandise.

I also heard the defendant White state that he wanted

Harvey Jackson to move the stuff faster and he stated that

the Dagoes wanted their money sooner than what they had

been getting it.

That’s all I recall of the conversation.

Q. Is your memory exhausted as to the conversation

now?

A. Yes, it is.

Q. Is there anything that will refresh your memory?

[143] <A. Yes, the report.

Q. I again show you the report to which you referred,

Government’s Exhibit Y for identification, and I ask you

to refresh your recollection.

Is your recollection refreshed?

A. Yes, it is.

Q. Would you please state the rest of the conversation?

A. The informant then inquired as to the quality of the

stuff which he was to receive and I heard White reply that

**The stuff is so good that after you cut it twice, it’ll jump

out of your man’s hand on the street.’’

Q. What happened then?

A. I then heard the defendant White instruct Harvey

Jackson that he should meet him on Thursday, December

16th, at 6:00 p.m. sharp in front of Hyman’s Men’s Cloth-

ing Store, which is located on the east side of Clark Street

just south of Wacker Drive.

Q. Was that the extent of the conversation that you

remember now?

[144] A. He instructed the informant not to be late like

he was the previous Saturday.

Q. What happened then?

A. I then observed Harvey Jackson leave 7500 South

Wentworth and enter his vehicle.

Q. Calling your attention to the vicinity of 76th and

Wentworth on December 14, 1965, did you have occasion

to see somebody that you knew?

A. Yes, I did.

Q. Who did you see?

A. I was with Agent Kerstann and I saw Harvey Jack-

son at that location.

is TIN RT AE re ESS

—

Q. What happened at that location?

A. We had a conference.

Q. What happened after the conference?

A. I searched the informant and found neither money

nor narcotics on his person. I then removed the ke! set

transmitter from the informant’s person.

Q. What did you do then?

A. Agent Kerstann, Harvey Jackson and I then returned

to the offices of the Bureau of Narcotics where we had a

conference.

[145] Q. Calling your attention to approximately 5:30

p.m. on December 16, 1965, did you have occasion to be

in the vicinity of 59th and Stony Island?

A. Yes, I was in that vicinity.

Q. Were you alone?

A. I was with Agent Kerstann.

Q. Did you have occasion to see anybody that you knew?

A. I spoke with Harvey Jackson also at that location.

Q. What happened after you spoke with Harvey Jack-

son?

A. I searched Harvey Jackson, found neither money nor

narcotics on his person. I then placed the kel set trans-

mitter on Harvey Jackson under his outer clothing. I

tested the transmitter to make sure that it was in working

order, and it was, and I observed Agent Kerstann search

Harvey Jackson’s vehicle, and he found neither narcotics

nor money in the vehicle.

Q. Afetr the search of Harvey Jackson and Harvey

Jackson’s vehicle, did you have occasion to go somewhere

at that time?

A. Yes, I did.

Q. Where did you go?

[146] <A. I followed Harvey Jackson as he drove to a

parking lot which is located on the southeast corner of

Clark and Wacker Drive.

Q. What happened then at that location?

A. He parked his vehicle in that parking lot and then

walked to the front of the Hyman’s Men’s Clothing Store

which is located approximately mid-block between Wacker

Drive and Lake Street on the east side of Clark Street.

Q. Calling your attention to approximately 6:00 p.m.

that evening, did you have occasion to see anybody that

you knew?

ae PEE EERE EIEIO LE BE. NERS TIN IERIE INDO REE RT MOAN:

A. Yes, I observed James A. White meet with Harvey

Jackson in front of Hyman’s Men’s Clothing Store.

Q. Is that the defendant James A. White?

A. Yes, it is.

Q. What did you see then, if anything?

A. Jackson and the defendant White then walked to

Jackson’s car, centered the car and drove out of the parking

lot.

Q. Did you have occasion to see anybody else in that

area that you recognized?

[147] A. Yes, there were many agents in the area at

that time.

Q. Now after you saw the defendant James White and

the Federal Bureau of Narcotics informant Harvey Jack-

son drive off in Jackson’s car, what did you do?

A. I followed the two subjects in Harvey Jackson’s ear.

Q. What, if anything, transpired during this following

procedure?

A. They drove in the vicinity of the Loop area and the

near north side for approximately two hours. During that

period of time I heard conversations between the defendant

White and Harvey Jackson as they were received over the

2-way radio.

[148] Q. Would you tell the ladies and gentlemen of

the jury what that conversation was to the best of your

memory?

A. To the best of my memory, the conversation was

strictly about stuff and the price of stuff and quality of

heroin.

[149] Q. Is your memory exhausted as to the conversa-

tion between White and the informant on that evening?

A. Yes, it is.

(). Is there anything that will refresh your recollection?

A. The report which governs the events which took place

on that date.

Q. I now show you what has been previously marked as

Government’s Exhibit Y for identification and ask you to

look at it to see if it will refresh your recollection.

Are you finished with that report?

SI eS AE a Tei : LF ae ee .

-_-

A. Yes, I am.

Q. Does it refresh your recollection?

A. Yes, it does.

Q. Will you please tell the ladies and gentlemen of the

jury and his Honor what the conversation was to the best

of your recollection?

A. After having a general conversation about heroin

and the quality of heroin, I heard White say, ‘‘I have to

meet my man right on time because he won’t wait.’’

Q. What happened then?

[150] A. I then observed him stop Harvey Jackson’s

vehicle at Franklin and Wells Streets where I observed

Harvey Jackson leave the car. I observed the defendant

James A. White then drive the informant’s vehicle. He

proceeded to State and Randolph Streets where I observed

an unidentified white male enter Harvey Jackson’s car

with the defendant White.

Q. Did you continue to follow the car?

A. Yes, I did.

Q. What happened then after the male entered the car?

A. They drove west on Randolph Street to approximately

half a block west of State Street where I observed the

white male leave the car.

A. What did you do then?

A. I followed the white male.

Q. Now calling your attention to 9:00 p.m. that evening,

did you have oceasion to be on the south side of Chicago?

Exeuse me. Calling your attention to 9:00 p.m. that eve-

ning, did you have occasion to be in the vicinity of Colum-

bus Drive and Congress Streets?

[151] A. Yes, I did.

Q. Were you there alone?

A. I met with Agent Kerstann and Harvey Jackson at

that location.

Q. What occurred there?

A. Harvey Jackson handed me a brown paper bag which

I examined and found to contain a white paper bag which

further contained a plastic bag which contained a quantity

of white powder.

Q. What did you do then?

A. I performed a field test on a small portion of the

white powder contained in the plastic bag with a marquis

reagent in the presence of Agent Kerstann, and I observed

a positive reaction indicating the presence of an opiate.

— EERO NEA IIE AEE NE SRY CLS EY SON ERTEENEREEN TAREE

Q. What happened after you performed this field test?

A. I retained custody of the evidence.

Q. After that what occurred, if anything?

A. I then searched Harvey Jackson and found neither

narcotics nor money on his person. I then removed the

kel set transmitter which I had previously placed on his

person and I conferred with the subject.

[152] Q. After that conversation did you have occasion

to go somewhere?

A. After my conversation with Harvey Jackson, I ob-

served Agent Kerstann search Harvey Jackson’s vehicle,

and he found neither narcotics nor money in the vehicle.

Q. What happened after that?

A. Harvey Jackson, Agent Kerstann and I then pro-

ceeded to the offices of the Bureau of Narcotics where |

tested, weighed and sealed the evidence, placed the evi-

dence in a lock-seal type evidence envelope which I placed

in my personal locker for safekeeping pending delivery

to the United States chemist.

[168] Q. Calling your attention to December 28, 1965, at

approximately 3:30 p.m., did you have occasion to be in the

vicinity of 67th and Stony Island Avenue here in Chicago?

A. Yes, I did.

Q. Were you alone?

A. I was in the company of Agent Vinsik and Agent

Jackson and Harvey Jackson.

Q. What happened at that location at that time?

A. We had a conference and subsequent to the confer-

ence I searched Harvey Jackson. I found neither money

nor narcotics on his person.

[169] I then placed the kel set transmitter beneath his

outer clothing, tested the transmitter to make sure it was

functioning properly.

Q. Was it functioning properly?

A. Yes, it was.

Q. And what happened then?

A. Agent Jackson and Harvey Jackson then entered

Harvey Jackson’s vehicle and drove to 6141 South Drexel

Street where I observed Harvey Jackson park his ear and

I observed both Agent Jackson and Harvey Jackson enter

Harvey Jackson’s residence.

eras tae

SUS Ba

SN ee 2

Q. Before Harvey Jackson and Agent Jackson left the

vicinity of 67th and Stony Island, did you have occasion

to do anything with the person of Harvey Jackson?

A. I furnished Harvey Jackson with $1250 of previously-

recorded official advance funds.

Q. Now calling your attention to the location outside of

Harvey Jackson’s home at 6141 South Drexel, what spe-

cifically did you do when you arrived there, sir?

A. I instituted surveillance at that location.

{170} Q. Calling your attention specifically to approxi-

mately 6:00 p.m. on the evening of December 28, 1965, did

you have occasion to see somebody that you know?

A. Yes, I observed the defendant James A. White park

his 1962 black Cadillac convertible in front of Harvey

Jackson’s residence. He left his vehicle and entered 6141

South Drexel.

Q. After he entered 6141 South Drexel, did you have

occasion to hear or do something?

A. Yes, I heard the defendant James A. White and

Harvey Jackson. I heard the defendant White ask Harvey

Jackson if he had the $1300.

Q. You heard voices, is that correct?

A. Yes.

Q. Did you recognize those voices at that time?

A. Yes, I did.

Q. Whose voices were they?

A. They were the voices of the defendant James A. White

and Harvey Jackson.

Q. Did you overhear their conversation?

A. Yes, I did.

Q. Would you please relate to the ladies and gentlemen

of the jury and to his Honor, Judge Hoffman, the text of

[171] the conversation as best you can?

A. As I recall, the defendant James White asked Jackson

if he had the money.

Jackson told him he had the money.

Then I heard the informant mumbling some numbers,

and then I heard the defendant White state, ‘‘You count

too fast, man. Give me the money, I’ll count it.’’

So then I heard the defendant White count $1250.

Q. Was that the extent of the conversation, Agent

DeFauw??

_ a VED REA ™

A. That is as much as I can recall at this time with any

accuracy.

Q. Is your memory exhausted as to that conversation?

A. Yes, it is.

Q. What will refresh your memory?

A. The report which covers the event which took place

on that date.

Mr. McDonnell: Mark this as Government’s Exhibit X

for identification.

[172] By Mr. MeDonnell:

Q. I show you what has been previously marked as Gov-

ernment’s Exhibit X for identification and I will ask you

to read it to determine whether that will refresh your

recollection.

Have you finished?

A. Yes.

Q. Does that refresh your recollection?

A. Yes, it does.

Q. Would you tell his Honor and the ladies and gentle-

men of the jury the text of the conversation?

A. After I heard the defendant White count the money,

I heard the informant ask when he would be able to obtain

some more stuff.

White said, ‘‘I’ll be able to get some more for you to-

morrow.’’ He stated that Jackson would have to get the

money faster because the Dago is insisting on fast delivery

of the money. So then I heard the defendant White state

that he had to leave, he had another stop to make and that

terminated the conversation.

[173] Q. After the termination of the conversation, what

happened, if you recall?

A. I observed the defendant White leave 6141 South

Drexel, enter his Cadillac, and I followed him to the vicinity

of 63rd and Cottage Grove Streets where I lost him in

traffic.

Q. What did you do then?

A. I returned to 67th and Stony Island where I met with

Agent Jackson, Agent Kerstann and Harvey Jackson.

Q. What happened then, if you recall?

aaa eee CaP AES

a8 SE LE EET I RE TIES oe

. a)

A. We had a conference.

Q. What happened after the conference was ended?

A. We returned to the offices of the Bureau of Narcotics

where we had another conference.

Q. Calling your attention to December 29, 1965, at ap-

proximately 5:00 p.m., did you have occasion to be in the

vicinity of Columbus Drive and Congress in the City of

Chicago?

A. Yes, I did.

Q. Were you there alone?

A. I was with Agent Kerstann and Harvey Jackson.

[174] . What happened at that time at that location?

A. At that location Harvey Jackson and I had a con-

ference. Subsequent to the conference I searched Harvey

Jackson and I found ncither money nor narcoties on his

person.

I then placed the kel set transmitter beneath his outer

clothing, tested it to make sure it was functioning properly.

Q. Was it functioning properly?

A. Yes, sir, it was.

Q. What happened after you tested it?

A. I observed Agent Meyer search Harvey Jackson’s

automobile. He found neither money nor narcotics in it.

Q. What happened after Agent Meyer searched Jack-

son’s auto?

A. Agent Meyer and I followed Harvey Jackson as he

drove to the parking lot which is located on the southeast

corner of Clark at Wacker Drive.

Q. What happened at that location, if you remember?

[175] <A. I observed Agent Connolly in the vicinity. Then

Agent Meyer and I proceeded to the vicinity of Randolph

and State Streets where we instituted surveillance.

Q. After the informant Harvey Jackson parked his car

at the parking lot there on the southeast corner of Clark

and Wacker, did you have occasion to see what he did, if

anything?

A. He exited his vehicle and entered a bar which I be-

lieve is called the 225 Club.

Q. Where is that bar located?

A. It is located just south of the parking lot on the east

side of Clark Street.

Q. Calling your attention to approximately 5:45 p.m.,

OE EIEN IE SL REINS OWT REESE

—

do you remember where you were at that time on December

29, 1965?

A. Yes, with Agent Meyer I instituted surveillance at

the vicinity of Randolph and State Street.

Q. Did you see anybody you know at that location at

that time?

A. Yes, there were other agents in the vicinity that I

knew.

Q. Did you see anybody that you now know as a man

named Sam Minerva?

[176] A. At approximately 6:09 p.m. I observed Sam

Minerva standing:

Mr. Eskridge: Objection, your Honor. This is putting

testimony in the witness’ mouth. I have asked your Honor

to admonish counsel about his leading the witness.

The Court: I will do it later. I ean’t—I do not agree

that he is putting anything in the witness’ mouth.

Do you feel anything in your mouth, Mr. Witness?

The Witness: No, your Honor.

The Court: The question, Mr. United States Attorney,

is suggestive of an answer. Therefore, I will sustain the

objection.

By Mr. McDonnell:

Q. Other than Agent Meyer and other agents of the

Federal Bureau of Narcotics, did you see anybody else

that you know?

A. Yes, I saw Sam Minerva approach the bus stop at the

northeast corner of Randolph and State Streets at approxi-

mately 6:00 p.m., and I observed him stand in that bus stop.

[177] Q. What else, if anything, did you observe about

Mr. Minerva?

A. He was carrying a white shoe box under his left arm.

Q. Calling your attention to a few minutes later, did

you see anybody else in that area that you knew?

A. Yes, I observed the defendant James White driving

east on Randolph Street from Wabash and he approached

the bus stop.

Q. What happened then?

A. I observed the defendant White after he approached

State Street, and he continued north on State Street out

of my view. A few minutes later I again observed him

driving east on Randolph from Wabash to the bus stop.

Q. Do you remember what the defendant White was

driving at this time?

A. A 1958 blue Chevrolet station wagon.

Q. What happened at that time?

A. He pulled into the bus stop and I observed Minerva

enter his vehicle.

Q. Did you have occasion to do something then?

[178] A. I observed the defendant White with Minerva

drive off, continue east on Randolph for approximately a

half a block at which time I observed the defendant Minerva

leave the 1958 Chevrolet station wagon and I noted that

he was carrying a black leather briefcase under his left arm.

Q. What happened then?

A. I instituted surveillance of Sam Minerva.

Q. Now calling your attention to approximately one hour

or an hour and ten minutes later, approximately 7:10 p.m.,

did you have occasion to be on the south side of the City

of Chicago?

A. Yes, I did.

Q. Where were you, if you remember?

A. I was in the vicinity of Stony Island and Midway

Plaisance.

Q. What happened at that location?

A. I instituted surveillance of Harvey Jackson’s auto-

mobile.

Q. What specifically did you do?

A. I followed Harvey Jackson as he drove to the vicinity

of 62nd and South Drexel. He parked his car at that loca-

tion and I was joined there by Agent Meyer.

[179] Q. What happened at that location?

A. Agent Meyer and I approached Harvey Jackson’s

vehicle and Harvey Jackson handed me a brown paper bag

which I examined.

Q. Will you tell the ladies and gentlemen of the jury

what you found in the brown paper bag, if anything?

A. Upon examination I found that the brown paper bag

contained an inner brown paper bag which contained a

white paper bag which further contained a plastic bag

which contained a quantity of white power.

Q. What did you do then?

eS Ee bk

—

A. I performed a marquis reagent field test on a small

portion of the white powder which was contained in the

plastic bag.

Q. What was the result of your field test?

A. I observed a positive reaction which indicated to me

the presence of an opiate.

Q. What did you do then, Agent DeFauw?

A. I retained custody of the evidence and then I searched

Harvey Jackson’s person and found neither narcotics nor

money on him.

[180] Subsequent to the search I removed the kel set

transmitter from his person.

Q. Did you have occasion to do anything then?

A. L observed Agent Meyer as he searched Harvey Jack-

son's vehicle. He found neither money nor narcotics in the

vehicle.

Q. Then what happened?

A. We had a conference and then we returned to the

offices of the Bureau of Narcotics where I weighed, tested

and sealed the evidence.

[188] Q. Agent DeFauw, calling your attention to the

oth day of January, 1966, did you have occasion to be in

the vicinity of 67th and Stony Island Avenue in Chicago

around 5:00 p.m.?

A. Yes, sir, I did.

Q. What, if anything, happened there?

A. I was in the presence of Agent Jackson, Harvey

Jackson and Agent Kerstann.

Q. What, if anything, took place at that location and

at that time?

A. We had a conference, and subsequent to the confer-

ence I searched Harvey Jackson. I found neither narcotics

nor money on his person. I then placed the kel set trans-

mitter beneath his outer clothing. I tested it to make sure

it was functioning properly.

Q. Was it functioning properly?

A. Yes, sir, it was.

Q. What happened then?

A. I then observed Agent Jackson search Harvey Jack-

son's vehicle. He found neither narcotics nor money.

————————

{189} Q. Calling your attention to approximately 5:30

p.m. in the vicinity of 6141 South Drexel, did you have

occasion to be in that location at that time?

A. Yes, I did.

Q. What were you doing there, sir?

A. Prior to arriving there, I furnished Harvey Jack-

son

Mr. Eskridge: Objection. The quesiion was what was

he doing there.

The Court: I think that is right.

Mr. Eskridge: I move it be stricken.

The Court: That was the question. Will you answer

that question, please, Mr. Witness.

By the Witness:

A. I instituted surveillance of Harvey Jackson's resi-

dence at 6141 South Drexel.

By Mr. McDonnell:

Q. Calling your attention to approximately 5:00 p.m. on

the 5th of January, 1966, did you have occasion to——

Mr. Eskridge: Objection, your Honor. This is what I

am objecting to. He is suggesting in the form of questions

the answers to be given by the witness.

{190} The Court: I haven’t heard the question yet. I

can’t tell. I overrule the objection.

By Mr. McDonnell:

Q. You testified that you—Strike the last question,

please—You testified that you strapped a kel set onto the

informant Harvey Jackson around 5:00 p.m. at 67th and

Stony Island Avenue, is that correct, sir?

A. That is correct.

Q. Did you do any other thing to the informant?

A. Yes. I furnished Harvey Jackson with $1300 of pre-

viously-recorded official advance funds.

Q. What happened then, sir?

A. Harvey Jackson and Agent Jackson then entered

Harvey Jackson’s vehicle and proceeded to 6141 South

Drexel.

Q. What did you do?

A. I instituted surveillance in that vicinity.

Q. Calling your attention to 6:20 p.m. that night, did

you have occasion to see anybody that you knew?

[191] A. Yes, sir, I did.

Q. Who did you see?

A. I observed the defendant James White park his 1962

black Cadillac convertible in front of the informant'’s resi.

dence and enter 6141 South Drexel.

Q. What happened after his entry into that location, sir!

A. After his entry I heard the defendant White's voice

and I heard Harvey Jackson’s voice.

Q. Do you know what they said?

A. Just generally. I recollect just generally what the

conversation was.

Q. Give us your general recollection.

Mr. Eskridge: Objection.

The Court: I would say that the better form to ask the

witness what he heard as best he can recall.

Mr. McDonnell: All right, your Honor.

The Court: I sustain the objection to the question as put.

By Mr. McDonnell:

[192] Q. Agent DeFauw, would you tell his Honor, Judge

Hoffman, and the ladies and gentlemen of the jury the

conversation that you heard between the defendant James

White and the informant Harvey Jackson as you remem-

ber it?

A. As I remember, I heard the defendant White state,

‘*Do you have the $1300?”

I heard Harvey Jackson state that he did.

Q. Is that the extent of the conversation as you recall

it, sir?

A. I heard Harvey Jackson mumbling some numbers,

and then I heard the defendant White say, ‘‘Let me count

the money so I know it’s right.” Then I heard the de-

fendant White mumble some numbers.

Q. Is that all you heard or all that you remember hear-

ing, sir?

A. To the best of my recollection, yes.

Q. Is your recollection exhausted as to what you heard

on that occasion?

A. Yes, it is.

Q. Can your recollection be refreshed by anything?

A. Yes.

Q. What will refresh your recollection?

{193] A. The written report which was submitted which

contained the events that took place on that date.

Mr. McDonnell: Mark this as Government’s Exhibit W.

(Said exhibit was thereupon marked Government’s Ex-

hibit W for identification.)

By Mr. McDonnell:

Q. I now show you, Agent DeFauw, what has been pre-

viously marked as Government’s Exhibit W for identifi-

cation and I ask if that will refresh your recollection?

A. Yes, it will.

Q. Would you look it over, please?

Have you finished?

A. Yes, I have.

Q. Does that refresh your recollection, sir?

A. Yes, sir, it does.

Q. Would you tell Judge Hoffman and the ladies and

gentlemen of the jury the conversation as your recollection

is refreshed on it?

[194] A. After I heard the defendant James A. White

finish cowiting the $1300, I then heard him advise the

informan: that the informant owed him an additional $950

and he wanted the money by Friday.

He also instructed the informant that he was to pay the

money at the Dining House Aluminer at 7:00 p.m. on the

date requested. He stated that he might leave town and

he wanted to get stuff not only for the informant but also

for Harry B. and his brother. He then stated that he

would like the informant to purchase $12,000 worth of

heroin at a time and he stated that the informant would

have to come up with the money in advance before he

would make the delivery. He stated that there was going

to be a panic in the near future. He then said that he had

to leave, he had a couple more stops to make, and that

terminated the conversation.

Q. After the conversation was terminated, what, if any-

thing, occurred?

——————

A. I observed the defendant White leave 6141 South

Drexel, enter his ’62 Cadillac convertible, and I followed

him to the vicinity of 76th and South Halsted.

[195] Q. What happened at that location?

A. I observed the defendant White enter the Dining

House Aluminer Restaurant located at 7537 South Halsted.

Q. Do you know who owns that restaurant?

A. No, sir, I do not.

Q. What happened after the defendant White entered

the restaurant?

A. I continued surveillance in that area until approxi-

mately 12:00 midnight when the surveillance was discon-

tinued.

Q. What did you do then?

A. Returned to the offices of the Bureau of Narcotics.

Q. Calling your attention to January 7, 1966, at approxi-

mately 5:30 p.m., did you have occasion to be in the vicinity

of 59th Street and Stony Island Avenue in the City of

Chicago?

A. Yes, sir.

Q. Were you alone, sir?

A. I was with Agent Kerstann.

Q. Were there any other people around that you knew?!

A. There were other agents in the vicinity.

[196] Q. What happened at that location and at that

time?

A. We met with Harvey Jackson and we had a conversa-

tion.

Q. After the conversation ended, what, if anything, did

you do?

A. I searched Harvey Jackson, found neither money nor

narcotics on his person. Then I placed the kel set trans-

mitter on Harvey Jackson beneath his outer clothing. I

tested the transmitter to make sure it was working.

Q. Was it in working condition?

A. Yes, it was.

Q. What happened then?

A. Agent Kerstann searched Harvey Jackson’s vehicle,

found neither money nor narcotics in it. I then furnished

Harvey Jackson with $950 of previously-recorded official

advance funds.

Q. What happened after you gave the $950 to Harvey

Jackson?

A. I then followed Harvey Jackson as he drove to the

vicinity of 76th and South Halsted Street.

Q. What did you see at that location?

[197] <A. I observed him park his vehicle almost directly

across the street from the Dining House Aluminer, which

is a restaurant.

Q. Then what happened?

A. I observed him leave his vehicle and enter that estab-

lishment.

Q. After Harvey Jackson entered the establishment, the

Dining House Aluminer, what, if anything, did you do?

A. I continued survellance in the vicinity of the estab-

lishment.

Q. Calling your attention to approximately 7:00 p.m.,

what, if anything, did you do at that time?

A. I heard the voice of the defendant James A. White.

Mr. Eskridge: Objection, your Honor. The question

was what did he do.

The Court: What did you?

By the Witness:

A. I continued surveillance in the vicinity of 7537 South

Halsted.

By Mr. McDonnell:

Q. Did you hear something at that time?

[198] A. Yes, I did.

Q. What did you hear?

A. I heard the voice of the defendant James A. White

and I heard the voice of Harvey Jackson.

Q. Will you relate to the best of your memory what you

heard Harvey Jackson say and what you heard James A.

White say?

A. At this time I don’t recall exactly the nature of the

conversation.

Q. Is your memory totally exhausted as to the nature

of the conversation?

A. Yes, it is.

Q. Will something refresh your recollection?

A. Yes.

Q. What will refresh your recollection?

RPGS Se Fas oe rt 2 EKITS POT? os te Oo

A. The memorandum report which was prepared which

contains the events that happened on that date.

[200] Q. I show you what has been previously marked as

Government’s Exhibit V and ask you if that refreshes your

recollection, sir?

A. Yes, it does.

Q. Would you tell Judge Hoffman and the ladies and

gentlemen of the jury the conversation you overheard at

that time and place?

A. I heard the defendant White say ‘‘I’m going to pick

your stuff up tomorrow.”’’

He then asked Harvey Jackson if he had the $950, and

I heard Harvey Jackson answer that he did.

I then heard Harvey Jackson count various numbers,

after which I heard him say, ‘‘Now you count it to make

sure it’s right.’’

Then I heard the defendant White’s voice count the

money. He advised Harvey Jackson that the price of the

heroin would increase $100 per eighth of a kilogram, and

he further advised Harvey Jackson that he would meet

{[201] him at Randolph and Wells Street and he asked

Jackson if he knew where that was. Then I heard the

defendant White state ‘‘Instead of meeting me at Ran-

dolph and Wells, meet me at Lake and Wells.’’

Mr. Eskridge: I am sorry. I missed that.

The Witness: At 6:00 p.m.

By Mr. McDonnell:

Q. Was that the end of the conversation?

A. No, it wasn’t.

Q. Would you relate a further conversation if you re-

member it?

A. I also heard the defendant White state that he was

going to get three things, and that the package that he was

going to give the informant, the informant would be re-

quired to pay $2,500 for the amount which he was to receive.

I further heard the defendant White state he wanted

{202] the informant Jackson to sit on the other things

for him.

ret MLL TNE ERIE TAT SE

Q. What happened then, Agent DeFauw?

A. That terminated the conversation.

Q. What, if anything, did you do at that time?

A. A short while later I observed Harvey Jackson leave

the Dining House Aluminer, enter his vehicle, and he drove

to the vicinity of 76th and Vincennes Street where Agent

Kerstann and I met him.

Q. What happened at that time at that location?

A. I had a conversation with Harvey Jackson. Subse-

quent to the conversation I searched him and found neither

money or narcotics on his person.

I then removed the kel set transmitter from his person

and advised him to meet me on January 8th at approxi-

mately 3:30 p.m.

Q. Now calling your attention to January 8, 1966, at

approximately 6:00 p.m., did you have occasion to be in

the vicinity of State and Randelph Streets here in the City

of Chicago?

A. Yes. I was in that vicinity.

[203] Q. What were you doing there?

A. I was conducting surveillance.

Q. Conducting surveillance on what?

A. Of the vicinity of the bus stop, which is located at

Randolph and State.

Q. Did you see somebody that you knew?

A. Yes, I observed Sam Minerva standing in the bus

stop which is located at the northeast corner of Randolph

and State Streets.

Q. What was he doing?

A. He was standing at the bus stop and he had a brown

leather briefcase under his left arm.

Q. What happened at that time?

A. I continued surveillance of Sam Minerva along with

other agents.

Q. Do you know Agent Allen Pringle and Agent Charles

Hill of the Federal Bureau of Narcotics?

A. Yes, sir, I do.

Q. Did you have a conversation with them that day at

that time?

A. Agent Pringle advised me that

Mr. Eskridge: Objection.

—

[204] The Court: Yes. The answer to that is yes or no.

Did you know?

That is what you want to know, isn’t it?

Mr. McDonnell: Yes, sir.

By the Witness:

A. Yes, sir, I do know them.

The Court: He says he knew them. Ask another ques-

tion.

By Mr. McDonnell:

Q. Did you have a conversation with them at around

6:00 or 6:05 p.m.?

A. Yes, I did.

Q. After this conversation what did you do?

A. I remained in the vicinity of the bus stop in which

Sam Minerva was standing.

Q. Did you see anybody at around 6:05 p.m. that you

knew?

A. Yes, I observed the defendant James A. White driving

a 1958 blue Chevrolet station wagon.

Q. What did he do, if you know?

A. He was driving east on Randolph Street from Wabash

and as he approached State Street, he drove north on

State Street out of my view.

[205] Q. Did you have occasion to see him at any other

time that night?

A. Yes. A few minutes later I observed him driving

from Wabash onto Randolph Street in an easterly direc-

tion—in a westerly direction toward State Street.

Q. What did you do then?

A. I observed the defendant White pull in to the curb

at the bus stop, reach over, open the right-hand passenger

door of the station wagon.

Q. Where were you at this time?

A. I was approximately two feet from Sam Minerva.

Q. Would you tell us the conditions of the sidewalk there

at that time?

A. There were many people standing in the bus stop.

Q. All right. Now after Mr. White pulled over in his

ear, what, if anything, occurred?

-—

A. I observed the defendant White open the passenger

door on the right side of his vehicle and I observed Sam

Minerva approach the car. I heard the defendant White

say, ‘‘Come on, man, give me the package. I’ve got to

{206] get out of here.”’’

Q. What happened then?

A. I observed Sam Minerva hand the brown leather brief-

case into the car and state that he would pick up the money

later.

Q. What did you do then, if anything?

A. At that time I immediately identified myself as a

federal narcotic agent and placed the defendant White

under arrest.

Q. What happened after you placed the defendant White

under arrest?

A. I seized the brown leather briefcase which Sam Mi-

nerva handed him.

Q. What did you do with the brown leather briefcase?

A. I retained custody of the briefcase and later examined

its contents.

Q. What did you find in the briefcase?

A. Inside the briefease I observed four brown paper

packages.

Q. Did you look into these packages or what did you

do with these packages?

A. I examined the packages in the presence of Agent

Meyer, Agent Vinsik and Agent Kerstann.

[207] Q. What did you find?

A. I found each of the brown paper packages to contain

a white paper bag which further contained a plastic bag

which contained a quantity of white powder.

Q. What, if anything, occurred at that time?

A. I performed a marquis reagent field test on a small

portion of the white powder contained in the packages in

the presence of Agents Kerstann, Vinsik and Meyer, and

I observed a positive reaction indicating the presence of

an opiate.

Q. Did you have occasion to do something with the four

packages that you had?

A. I retained custody of them.

Q. What happened then, Agent DeFauw?

A. That evening I returned to the offices of the Bureau

of Narcotics.

Ree ees oa SLRS IY hr la Pree

Q. Did you do anything at the Bureau of Narcotics?

A. Yes, I maintained custody of the evidence and I placed

the evidence in my personal locker for safekeeping.

Q. Calling your attention to December 12, 1966——

[208] The Court: Do you mean that?

Mr. MeDonnell: Excuse me, January 12, 1966.

By Mr. McDonnell:

Q. Did you have occasion to do something with the

packages that you received on January 8, 1966?

A. Yes, I removed the brown briefcase and the four

brown paper packages and all the contents from my per-

sonal locker and I weighed, tested and sealed the evidence

in two separate lock-seal type evidence envelopes in the

presence of Agent Kerstann.

[228] Wruiuam C. Kerstann, a witness called by and on

behalf of the government, having been first duly sworn,

was examined and testified as follows:

Direct examination.

[229] Q. Calling your attention to approximately 8:25

p.m. on the night of December 16, 1965, do you know where

you were at that time?

A. Yes, sir, I do.

Q. Where were yout

A. I was in the vicinity of State and Randolph, Chicago,

Illinois.

Q. What were you doing there, sir?

A. At that time Agent DeFauw and I were conducting

surveillance of James A. White who at that time was in

a 1958 model Oldsmobile owned by Harvey Jackson.

Q. Did you see the defendant James White on that

occasion?

A. Yes, sir, I did.

Q. Would you point out the man you saw on that occa-

sion?

A. He is the gentlemen seated at the defense table

directly to the left of Mr. Eskridge.

Mr. McDonnell: Let the record reflect, your Honor, the

fact that the witness has identified the defendant in this

[230] cause?

The Court: The record may indicate that this witness

has identified the defendant in open court.

By Mr. McDonnell:

Q. Agent Kerstann, you say you were with Agent

DeFauw at this time, is that correct?

A. Yes, sir.

Q. What, if anything, did you see the defendant do?

A. I observed Mr. White drive west on Randolph Street

in the 1958 Oldsmobile. As he approached the intersection

of State and Randolph, he stopped the automobile at that

location and motion to a white male subject who was

standing in the bus stop on the northeast corner of State

and Randolph.

Q. Do you know who the white male subject was, or did

you know at that time who the white male subject was?

A. At that time, no, sir, I did not.

Q. Do you know who he is now, sir?

A. Yes, sir, I do.

Q. Do you know his name?

(231) <A. Yes, I do.

Q. What is that name?

A. His name is Sam Minerva.

Q. After the defendant motion to Mr, Minerva, what hap-

pened, if you remember?

A. The subject came over and entered the car on the

passenger side and then Mr. White continued driving

west on Randolph. At approximately Clark and Randolph

the white male subject left the car and walked out of my

view.

Q. What did you do then?

A. At that time Agent DeFauw left the car and I con-

tinued to follow Mr. White.

Q. Where did you follow him?

A. I followed him to the intersection of Lake and Wells.

ise pacts

= PE Ee, ey eC is

- al il el at i a

At that time he stopped the car and he motioned to Harvey

Jackson or Harvey Jackson, who was standing on the south-

west corner, entered the car at that time.

Q. What happened then?

A. At that time I heard a conversation which was trans-

mitted by a radio transmitter which was on the informant’s

person.

Q. Did you recognize the voices in the [232] conversation

or the voice in the conversation?

A. Yes, I did.

Q. Whose voices were they?

A. They were the voices of Harvey Jackson and Mr.

White.

Q. Had you heard the voice of Harvey Jackson before

this time?

A. Yes, sir, on numerous occasions.

Q. Had you heard the voice of James A. White before

this time?

A. Yes, sir, on several occasions also.

Q. You recognized these voices, is that correct?

A. Yes, sir, I did.

Q. To the best of your memory, Agent Kerstann, will

you repeat the conversation that was had between the de-

fendant White and the informant Harvey Jackson?

A. Mr. White said that he had just met his man on time

and gotten the package from him. He then told Harvey

Jackson that he would leave the package on the seat beside

him and in case he got stopped by the police, he could get

rid of it. Then Mr. White said that he had to meet [233]

another man and that he would have to go.

Q. Then what happened, if you remember?

A. At this time Mr, White left the ear at the intersection

of Lake and Wells. I stopped behind them a short dis-

tance away, approximately half a block, and then I watched

Mr. White proceed out of my view.

After he had proceeded out of my view, I got out of my

car and walked up to Harvey Jackson’s car.

Q. What did you do when you got to Harvey Jackson’s

automobile?

A. I entered the car with Harvey Jackson and at that

time Harvey Jackson pointed to the brown paper sack

which was on the seat beside him.

— ADMITS SEE Om RTE ETE

Q. After he pointed to the brown paper sack, what

happened?

A. I parted the top of the brown paper sack and I

noticed that it contained a white paper sack, and I did not

do anything further with the sack at this time.

Q. I now show you what has been previously marked

as Government’s Exhibit No. 5 for identi- [234] fication and

No. 6 for identification and I ask you if you recognize these

two items, sir?

A. Yes, I can identify these.

Q. What are these items?

A. These are the two sacks. They are a different color

at this time because they have been processed through cer-

tain chemicals. These are the two sacks which I saw in the

front seat of Harvey Jackson’s vehicle.

Q. How do you recognize them?

A. The 3-by-5 card which is attached to them bears my

initials.

Q. What did you do after you saw these sacks?

A. I had a short conversation with Harvey Jackson and

after that conversation Harvey Jackson drove ‘o the area

of Columbus Drive and Congress.

Q. What occurred at that location?

A. We stopped at that location and waited for Agent

DeFauw.

Q. Did Agent DeFauw come to that location?

A. Yes, he did.

Q. About what time did he arrive there?

A. I don’t recall the exact time. It [235] was sometime

between 9:00 and 9:30 p.m.

Q. What occurred when he did arrive there?

A. He entered the car at that time and at that time Mr.

Jackson pointed to the brown paper sack and Mr, DeFauw

picked it up, or he handed the sack to Mr, DeFauw. Mr.

DeFauw then opened the sack and took out the white paper

sack,

Q. What happened then?

A. He then opened the white paper sack and I noted that

it contained a plastic bag which contained a large quantity

of white powder.

Q. What, if anything, did you do or did you see?

A. I then observed Agent DeFauw perform a marquis

——

reagent field test on a sample of this white powder and |

noticed a positive reaction.

Q. What happened then?

A. Agent DeFauw then searched the informant. He found

no money nor narcotics at this time. Then he removed the

small radio transmitter from the informant’s person.

Q. Did you have occasion to do anything then?

A. Yes. After Agent DeFauw and Mr. Jackson [236] left

the car, I searched the car and found no money nor narcotics

in the car at that time.

Q. What happened after you searched the informant’s

ear?

A. Agent DeFauw, Mr. Jackson and I then came to the

office of the Bureau of Narcoties.

Q. What occurred there, if you remember?

A. At that time Agent DeFauw removed the evidence and

placed it in a substitute container. I initialed the container,

then Agent DeFauw weighed it and sealed it in a govern.

ment lock-sealed evidence envelope.

. >. . . .

[239] Q. Now, Agent Kerstann, do you know Harvey

Jackson?

A. Yes, sir, I do.

Q When did you first know him? When did you first

meet him?

A. I first met him sometime the first part of December,

1965.

Q. Have you seen him since?

A. Yes, sir, I have.

Q. When was the last time you saw him?

A. To the best of my recollection, it was sometime in the

month of March of 1966.

Q. Do you know where he was living on that occasion?

A. At that time T believe he was still living on South

Drexel here in Chicago.

Q. Did you talk to him on that oceasion?

A. Yes, sir, I did.

Q. Have you since talked to him?

A. Yes, sir, I have.

Q. Do you knew where he is now?

No, sir, I do not.

{240} Q. When was the last time you had any contact with

him?

A. To the best of my recollection, it would be sometime

in either the month of June or July of this year.

Q. Have you made any efforts to contact him?

A. Yes, I have.

Q. Would you tell exactly what efforts you have made

to contact Harvey Jackson?

A. Well, I have contacted his wife on several occasions

in an attempt to elicit from her information as to his where-

abouts, and on each occasion she would not tell me or she

would not give me any information in regard to where

he might be.

Q. Is that all you have done?

A. No, sir. I have also conducted a search through the

Chicago Police Department. I also contacted the Motor

Vehicle Department in regard to his driver's license and

also any information on his 1966 registration on his car.

We did obtain that, but it was registered to [241] his old

address.

Q. What else have you done, if anything?

A. We have also contacted the Milwaukee Police De-

partment in regard to the fact that we figured or we had

a belief he may be in that area.

Q. What did that contact reveal, if anything?

A. It revealed negative information as far as we were

concerned,

Q. When was the last time that you contacted

Harvey Jackson's wife ‘concerning the whereabouts of

Mr. Harvey Jackson?

A. I have attempted in the last couple of days but I have

been unsuccessful. The last time I successfully contacted

here would probably be abeut sometime in the month of

September.

Q. Have your attempts to locate—what have your at-

tempts to locate Harvey Jackson revealed, if anything?

A. Well, they reveal, I believe, he is still in the Chicago

area but as far as an exact location, I have been unable to

find him.

LIE NTO NS REND

Cross-Examination.

(242] By Mr. Eskridge:

[254] Q. You say you last contacted his wife (255] Mrs.

Jackson in September, 1966; how did you contact her?

A. By telephone.

Q. Did you ever see Mrs. Jackson?

A. Not to my recollection, no.

Q. How do you know it was Mrs. Jackson you were talk-

ing to?

A. She answered my questions in regard to her husband

Harvey so I assumed that it was Mrs. Jackson.

Q. Did you ask her?

A. Lasked her if she had heard from her husband.

A. And this person on the other end of the telephone

said what?

A. Said yes, that she had.

Q. What else did she say?

A. She said that he had had an automobile accident, that

he had been in the hospital for a short time, and that she

did not know where he was at this time.

Q. Did you ask her which hospital he was in?

A. Yes, I did.

Q. Which hospital was he in?

(256] A. She did not know.

Q. Did you check the hospitals?

A. I checked a few hospitals. I could not check every

hospital in the area. And she was under the impression

that the accident did not happen in Chicago, so I had no

way of checking every hospital in the State of Illinois.

Q. Did you ask her where approximately this hospital

was?

A. I did, yes.

Q. What did she say?

A. She did not know.

Q. Did you check any of the local hospitals around the

City of Chicago?

Mr. Me Donnell: Objection, your Honor. Asked and

answered.

ey en ERNE

—

The Court: I think the question was answered. I will

sustain the objection.

By Mr. Eskridge:

Q. Did you search the records of automobile accidents

kept by the Secretary of State?

A. Yes, I did.

Q. What did you find out?

A. I could find no record of any auto- [257] mobile acci-

dent involving Mr. Jackson.

Q. Did you check with the Chicago Police Department

to see whether or not they had him under arrest?

A. Yes, I did.

Q. What did you find out?

A. No record.

Q. Did you check the Cook County Hospital?

A. I don’t recall,

Q. You don’t. Did you or didn’t you?

Mr. Me Donnell; I object to counsel arguing with the

witness.

The Court: That is argument. I sustain the objection.

By Mr. Eskridge:

Q. Did you check Provident Hospital?

The Court: Will you let me rule on the objection, sir, if

you don’t mind?

Mr. Eskridge: I am sorry. I withdraw the question.

The Court: I have a place in this, too. This isn’t just be-

tween you and the witness, sir.

I sustain the objection.

[258] By Mr. Eskridge:

Q. Did you check at Provident Hospital?

A. I don’t recall which hospitals I checked, sir.

Q. You have no recollection at all?

A. Not at this time, no.

Q. Why did you check the Milwaukee Police De-

partment?

A. Because for a period of time I was receiving long

distance telephone calls from Mr. Jackson from Milwaukee.

| —

. ee FR a vy REer hr he os

\. Did you check the hospitals there?

A. No, sir, I did not.

Q. Did you check the Municipal Court index to see

whether or not he was in jail?

Mr. Me Donnell: Object, your Honor, as asked and

answered.

The Court: I sustain the objection.

The Municipal Court index wouldn’t indicate whether a

man was in jail or not. He might be in jail as a result of my

order. That wouldn’t appear in the Municipal Court index.

By Mr. Eskridge:

[259] Q. Did you check the Police Department arrest

records to see whether or not he was under arrest?

Mr. Me Donnell: I object. I believe that has been asked

and answered.

The Court: I will sustain the objection.

By Mr. Eskridge:

Q. Did you check the files of this court to see whether

or not he was under arrest in this court?

A. I don’t believe I did, sir.

Q. When you say you tried within the last couple of days,

what did you do?

A. I called Mrs. Jackson.

Q. Where did you call her?

A. I tried her home phone number.

Q. You tried her home phone number. Did anybody

answer?

A. No, sir.

Q. And that is the extent of it?

A. No, I tried another phone number.

Q. What number? What other phone number did you try?

[260] A. It is a phone number of where she works at this

time.

Q. Did you talk to her?

A. No, sir, I did not.

Q. Would you give us that telephone number?

Mr. Me Donnell: I object to that, your Honor.

The Court: Why?

Mr. Me Donnell: I don’t think it is relevant in this case.

I tell you what, Judge, I will withdraw the objection and

we will give Mr. Eskridge the telephone number.

The Court: If you know it, you may give it.

The Witness: I don’t know the phone number as such.

I know the building she works in and how she can be reached.

The phone number is in my files in the office.

Mr. Eskridge : I take it counsel will give me the telephone

number and address.

Mr. Me Donnell: You can have it right now, Mr. Eskridge.

Will you be good enough to write it [261] down and give

it back to me, please?

By Mr. Eskridge:

Q. Did you call at this telephone number where she works

to talk to her?

A. I called the number. I did not talk to her, no.

Q. Is this within the last couple of days?

A. Yes, sir.

Mr. Eskridge : That is all.

The Court: Have you finished your cross examination?

Mr. Eskridge: Yes, your Honor.

> * * al =

[263] Davi JoserH ConNoLLy, a witness called by and

on behalf of the government, having been first duly sworn,

was examined and testified as follows:

Direct Examination.

[267] Q. Calling your attention to around 5:49 p.m. on

December 29, 1965, did you have occasion to see the de-

fendant James A. White at that time on that day?

A. Yes, I did.

Q. Where did you see him?

A. As he departed from Hyman’s Clothing Store.

[268] Q. What did you do?

A. I observed him as he walked north on the east side

of the street to the parking lot where he had previously

— POR PROMRD ee ls

enEREP ete ay PATE FEE Nar HER

parked his car. He entered his car then and drove to Clark

Street and proceeded south. I followed him in my vehicle

as he proceeded south to Lake Street. At Lake he turned

east and he proceeded east on Lake Street to Wabash, south

on Wabash to Randolph, and when he approached Randolph,

he turned west. Then I continued to follow him. He manipu-

lated the vehicle he wis driving into the northbound or,

rather, the northern lanes westbound until he reached the

intersection of State and Randolph.

Q. What occurred there?

A. At that location I observed Agent Meyer. Agent

Meyer signaled to me and I understood the signal and as a

result of that I continued driving and I drove to the area

of the tavern at 225 North Clark Street.

Q. Proceed.

A. And I continued to maintain surveillance at the

tavern.

Q. Calling your attention to approxi- [269] mately 6:10

or 6:15 p.m., Agent Connolly, did you have occasion to see

something at that time?

A. Yes, I did.

Q. What did you see, please?

A. While I was maintaining surveillance of the tavern, I

saw James White accompanied by Harry B. Williams drive

to and park in front of the tavern, the tavern that is at 225

North Clark Street. White was driving the car, Harry B.

Williams was a passenger. White got out of the car and

proceeded to and entered the tavern at 225 North Clark.

He was in there just a short period of time, perhaps five

minutes, and he left that tavern and he returned to his auto-

mobile and he drove that automobile south to Clark Street

out of my view. I noticed at that time that Agent Meyer

in his vehicle was following the vehicle driven by Mr. White.

Q. What did you do then?

A. I continued to maintain surveillance of the tavern.

Q. What was the next thing you saw, if anything?

A. At about 6:25 p.m. I saw Harvey Jackson [270] leave

that tavern. He walked north to the intersection of Wacker

Drive and Clark Street to the same parking lot that White

had previously parked in and he entered his vehicle, a 1958

Oldsmobile.

Q. What did you do then?

OEE OH REL BE TEP I ay POMEL LYE IL VRE TR SEE ATOR ANF AE 5

—

A. I then continued to maintain surveillance of Harvey

Jackson as he drove that vehicle south on Clark Street

across Lake Street to Randolph where he also turned west.

At that location he proceeded west to Walls and then north

on Wells to Lake Street.

Q. What happened there, if you remember?

A. I noticed that the car previously driven by White was

parked at the southeast corner of Wells and Lake Street. I

saw Jackson as he drove his car and parked it in front of

the stationwagon in which White and Williams were seated.

Q. What did you do then?

A. Again I continued to maintain surveillance and I saw

White leave his car carrying a brown paper bag in his left

hand. He walked to the driver’s side of Jackson’s car and

he handed the brown paper bag through the window to

Jackson [271] who was seated behind the wheel of his car.

. What happened then, Agent Connolly?

. There appeared to be a brief conversation.

Could you overhear that conversation?

. Yes, sir.

. Did you recognize the voices in that conversation?

. No, not both of them.

. After the conversation had ended, what happened, if

you remember?

A. White returned empty-handed to his car and he seated

himself behind the wheel, the driver’s seat. Then I saw

Harry B. Williams get out of White’s car also carrying a

paper bag. He carried that bag to the car of Jackson and

he entered in the passenger side of the front seat with

Jackson.

OrPOPoro

[273] Q. Calling your attention specifically to 5:15 p.m.

on January 8, 1966, did you have occasion to see the de-

fendant James White?

A. Yes, I did.

Q. Will you tell his Honor Judge Hoffman and the ladies

and gentlemen of the jury what you saw, sir?

A. Again White left his house, again in the same vehicle,

that is, the ’58 blue Chevrolet station wagon which was

parked outside. He got into the car, he drove that car from

that location to the Dan Ryan, and as he reached the area

(274] of Garfield Park, as a result of congested traflic, I lost

him from view.

Q. Calling your attention to approximately 6:05 p.m.,

January 8, 1966, do you know where you were at that time?

A. Yes, sir.

Q. Where were you?

A. I was parked in the vicinity of Randolph and State

Streets.

Q. Did you have occasion to see somebody at that lo-

cation?

A. Yes, sir.

Q. Who did you see?

A. I saw both a person by the name of Sam Minerva and

I saw a car driven by White, the same car, as he approached

the corner of State and Randolph.

Q. What, if anything, did you do?

A. I got out of my car as he approached that area, and

then those two people were placed under arrest as a number

of agents surrounded the area.

[309] Rosert J. DeFauw, a witness called by and on

behalf of the government, having been previously duly

sworn, resumed the stand, was examined and testified fur-

ther as follows:

Cross-examination.

By Mr. Eskridge :

[321] Q. Did you, as you sat in the ear, record this con-

versation on something?

A. I wrote the conversation in longhand on paper. I took

notes relative to the conversation, yes, sir.

[322] Q. You took notes of the whole entire conversation!

A. The conversation I understood, I took notes, yes, sir.

(377] ArTuur Lewis, a witness called by and on behalf of

the government, having been first duly sworn, was examined

and testified as follows:

Direct examination.

* * * * =

[379] Q. Calling your attention to December 29, 1965, at

approximately 4:30 p.m., do you recall where you were,

Mr. Lewis?

A. Yes, sir. i was on duty on December 29, 1965. I was in

a radio car at the area of 7500 South Wentworth Street here

in Chicago, Lllinois.

Q. What were you doing there, sir?

A. I was in the radio car with Narcotic Agent David W.

Connolly, who was the driver. We were maintaining a sur-

veillance of the residence at 7500 South Wentworth at about

4:30 p.m. on that date.

Q. Do you know who lives there, or who lived there at

that time?

A. Yes, sir, I did.

Q. Who lived there?

A. The defendant James White.

Q. Now specially calling your attention to approximately

4:30, what, if anything, did you see, sir?

A. At approximately 4:30 p.m. on December [380] 29,

1965, while in that area, that is, at 7500 South Wentworth,

I observed the defendant James White leave that building.

It is a one-family home. I observed him come out of the

front door and enter a blue Chevrolet station wagon. I be-

lieve it was about a 1958, the year was about a 1958. He was

carrying a small black briefcase.

Q. What then did you do, if anything?

A. After Mr. White entered the Chevrolet station wagon,

Agent Connolly and I took up surveillance of the moving

vehicle being driven by Mr. White.

Q. When you say you took up surveillance, do you mean

you followed him, sir?

A. That is correct.

Q. Do you recall where you followed him?

A. It is my recollection that we followed him north on

Lae SPT ap ag ate . e — —

' wea 2. Sar ry a i i ct a nia ea Ee ee eae

—

State Street into the Loop area through Van Buren and

then to the area of Clark and Wacker.

Q. When you got to the area of Clark and Wacker, what,

if anything, happened, if you recall?

A. At about the southeast corner of Clark and Wacker,

Mr. White pulled the car into [381] a parking lot, turned

the car over to an attendant and got out.

Q. What did you do then?

A. I left the vehicle which was being driven by Agent

Connolly and followed the defendant White into a tavern at

—I believe the address was 219 North Clark.

Q. Are you sure of that address?

A. Yes, sir, I am sure it was 219 North Clark.

Q. What did you do after you went to the tavern?

A. Let’s see, It was about 5:05 or 5:15 p.m. Mr. White

had gone in before me. I came in immediately after him and

I observed him standing at the center of the tavern talking

to a man known to me as Harry B. Williams.

Q. How long did you remain in the tavern, Agent Lewis!

A. I remained in the tavern until approximately 6:45 or

7:00 p.m.

Q. Did the defendant James A. White remain in the

tavern that long?

A. No, sir, he did not.

[382] Q. What did he do?

A. As I previously stated, at about 5:10 he entered the

tavern. He talked with Harry B. White for -about ten

minutes and he left,—that is, the defendant White left at

about 5:20 p.m. At about 5:25 p.m. Harry B. Williams left.

(391] Vernon D. Meyer, a witness called by and on behalf

of the government, having been first duly sworn, was ex-

amined and testified as follows:

Direct examination.

[395] Q. Now calling your attention to approximately 6:05

p.m. on December 29, 1965, do you know where you were at

this time, sir?

-—

A. Yes, sir, I do.

Q. Where were you?

A. I was at the corner of State and Randolph Streets.

Q. What occurred there, if anything?

[396] A. At that time I saw James White drive to the

northeast corner of State and Randolph in a 1958 blue

Chevrolet station wagon. I saw a person that I now know as

Sam Minerva who was carrying a white shoe box under

his arm enter the car with James White.

Q. What did you do then, if anything?

A. I followed James White and Sam Minerva as they

drove west on Randolph Street across State Street for about

a half a block and then stopped. At that location the person

I now know as Sam Minerva got out of the car carrying

a black briefcase. He did not have the white shoe box.

Q. What happened then after Mr. Minerva exited car?

A. I received a signal from Agent Connolly and I then

followed James White as he drove west on Randolph Street

to the front of the Greyhound bus station. At that location

he stopped his car and a person that I now know as Harry B.

Williams entered the car with him.

Q. What did you do then?

A. I followed James White and Harry B. Williams to the

front of the 225 Club on North [397] Clark Street.

Q. What happened at that location?

A. At that location James White got out of the car. Harry

B. Williams remained seated in the car and James White

entered the 225 Club.

Q. Did you have occasion to remain in that area?

A. I did until James White came out and returned to his

car and drove to the southeast corner of Lake and Wells

Street where he parked.

Q. What did you do?

A. I took a position on the corner of Lake and Wells

where I could see Mr. White’s car and waited.

Q. What, if anything, did you see?

A. A few minutes later I saw Harvey Jackson arrive in

his ear, park on the same corner in front of the car that

James White was driving.

Q. Now you mentioned the name James White. Do you

know the defendant in this cause, James A. White?

REDS OY SNE CREAN LPA ROOD AIO eRe AGE TRAE OVE RE RL fa Me

PEIN YOLEN RCA RO OE:

A. Yes, sir, I do.

Q. Will you point him out to me?

A. Yes, he is seated at counsel table [398] to my left on

the left-hand of his attorney.

Mr. Me Donnell: May the record indicate that the witness

has identified the defendant in open court, your Honor?

The Court: Yes, the record may indicate that this witness

has identified the defendant White in open court.

By Mr. Me Donnell:

Q. Now after you saw the defendant James White park

his automobile, what, if anything, occurred?

A. James White got out of his car carrying a brown paper

sack, walked to the driver’s side of Harvey Jackson’s car

and handed the sack to Harvey Jackson. He then asked

Harvey Jackson if he would take Harry B. south with him

and Harvey Jackson said yes.

Q. Did you recognize the voices on the transmitter?

A. Yes, sir, I did.

Q. Had you heard these voices before?

A. Yes, sir, I had.

Mr. Eskridge: I beg your pardon, your Honor, I missed

some of this testimony.

[399] The Court: Would you like to have it read?

-. Mr. Eskridge: Yes.

The Court: Read it.

“pms Shin

(Question read.) __

The Court: You may continue.

By Mr. Me Donnell:

Q. Did you recognize these voices?

A. Yes, I did.

Q. Whose voices were they?

A. They were the voices of Harvey Jackson and James

White.

Q. Would you repeat to the best of your memory what the

voices said?

SPRL ELI LOMA FONE MP PRG WAS 6 hm OC ERIE T AOU MDE OPI RIE LT REN GPR PYRE Tr

A. Mr. White said, ‘‘ Will you take Harry B. south with

you?’’ And Harvey Jackson said, ‘‘ Yes, I will.’’

Q. What happened then?

A. At that time Mr. White returned to his car and briefly

thereafter Harry B. Williams got out of his car and walked

to the car of Harvey Jackson and entered that car with him.

Q. What did you do on this occasion, if anything?

[400] A. I then followed Harvey Jackson and Harry B.

Williams south via the Lake Shore Drive to Midway

Plaisance, west on Midway Plaisance to about Kimbark

Street where Harry B. Williams got out of the car. Harvey

Jackson then continued and drove to 62nd and Drexel where

he parked the car he was driving.

Q. What happened there, if anything?

A. At that location I was met by Agent DeFauw and

the two of us entered the car with Harvey Jackson.

Q. What occurred then?

A. Harvey Jackson then gave Agent DeFauw a brown

paper sack which had inner containers holding a white

powder.

Q. What happened then?

A. Agent Defauw removed the radio transmitter from

Harvey Jackson, and in my presence conducted another

search of Harvey Jackson and his automobile.

* . . * *

[429] Kennetru Cuiovp, a witness called by and on behalf

of the government, having been first duly sworn, was ex-

amined and testified as follows:

Direct examination.

» * *. - *

[430] Q. Agent Cloud, calling your attention to approxi-

mately 6:30 p.m. on January 7, 1966, do you know where you

were at that time and on that date?

A. Yes, I was in the vicinity of the Aluminer Lounge

located at 7537 Halsted Street.

Q. What were you doing there?

A. I was working in surveillance of the defendant James

White.

Q. Calling your attention to specifically 6:30 p.m., what, if

anything, did you do?

A. I went inside the Aluminer Club at that address and

ordered a Schlitz beer and a hamburger and French fries.

Q. Do you know who was in the place at that time?

A. Yes, there was one female behind the bar and the

defendant James White was seated at the bar.

[431] Q. Do vou know Harvey Jackson?

A. Yes. Harvey Jackson was assisting the Bureau of

Narcotics in the James White investigation.

Q. Did you have occasion to see Mr. Jackson that evening?

A. Yes, Harvey Jackson came into the Aluminer Lounge

at approximately 7:00 or 7:10 p.m. and sat at the rear of

the bar with the defendant James White.

Q. Did you see what they did, if anything?

A. Yes, Mr. Jackson had some conversation with the

defendant.

Q. Could you overhear that conversation?

A. No, Icouldn’t. I wasn’t close enough to them.

Q. What happened then?

A. During that conversation Harvey Jackson took out a

sum of money. He counted that money on the bar and

passed it to the defendant James White.

Q. What did White do, if anything?

A. White counted the money that he received from Mr.

Jackson. He received the money [432] from Mr. Jackson

and counted it.

Q. What happened then, if you remember?

A. They had some more conversation; then both Harvey

Jackson and the defendant James White left the bar and

walked to the rear of the club out through a back door.

Q. You could not see them after that, is that correct?

A. No, I couldn’t.

Q. Did you have occasion to see the informant Harvey

Jackson later on that evening?

A. Yes, they reappeared from the back of the club,

Harvey Jackson and James White. They had some more

conversation and then Harvey Jackson left the club al-

together.

Q. About what time was this, if you remember?

A. Mr. Jackson left the club at approximately 8:00 p.m.

[475] Mr. Eskridge: My next motion, your Honor, is to ex-

clude these radio conversations on two grounds: One, that

the radio conversations are in violation of the Illinois Eaves-

dropping Statute and in violation of the public policy of the

State of Illinois.

Mr. Me Donnell: I object to that, your Honor. They are

not in violation of the federal policy or federal law. The de-

fendant may not be prejudiced by electronically overheard

conversations as evidenced by Lopez vs. United States, 373

U.S. 427 and 440, a 1963 case, United States vs. Pullings,

321 Fed. 2d 287 at page 295, 1963, a Seventh Circuit case;

United States vs. Victoria, 284 Fed. 2d 451 at page 455, 1960,

[476] a Seventh Circuit case ; On Lee vs. U.S., 343 U.S. 747,

a 1953 case; Rathburn vs. the United States, 355 U.S. 107 at

page 111; U.S. vs. Walker, 320 Fed. 2d 472 at pages 474 and

6; MeGee vs. Williams, 329 Fed. 2d 470, 1964, a Seventh

Cireuit case.

The Court: Mr. Eskridge, you are not the only lawyer

who has raised the point. Im the present state of the law, it

is against you.

Is your motion to strike all testimony relating to these

radio communications?

Mr. Eskridge: Yes, sir. And in addition——

The Court: I deny the motion. We have gone into it care-

fully in numerous cases here and I am satisfied that that

evidence is admissible.

Mr. Eskridge : Does the Court take into consideration both

the Fourth Amendment and the Fifth Amendment to the

Constitution?

The Court: To the extent that the cases did, I do.

Mr. Eskridge: Your Honor, I would like at this time to

move the Court to require the government to give me a

demonstration of this radio transmitter Kel set in order for

the Court and the jury to determine whether it is possible to

determine voice identification over one of these sets.

[477] The Court: What is your authority for that?

Mr. Eskridge: I have no authority except that the radio

communications which were testified to by the government

—

were words which they said they overheard over their trans-

mitter and which they identified as the voice of the defendant

James White.

The Court: You may reply.

Mr. Me Donnell: We object to this, your Honor. There is

no authority for this. He is demanding now that we put on

a proposed defense for him after we have finished with our

ease. He has had ample time to cross examine the witnesses

relative to the voices heard over the sets and at this time we

object to any other display.

The Court: I deny the defendant’s motion.

* 2 * * *

{484] Canister Moors, a witness called by and on behalf of

the defendant, having been first duly sworn, was examined

and testified as follows:

Direct examination.

By Mr. Eskridge:

Q. What is your name?

A. My name is——

The Court: Oh, you are going to have to talk up. There

is a man back there in the last row who wants to hear you.

By the Witness:

A. My name is Canister Moore.

By Mr. Eskridge:

Spell your first name.

. C-a-n-i-s-t-e-r.

Where do you live, Mr. Moore?

. 500 East 81st Street.

What is your trade or occupation?

. Photographer.

The Court : What is it?

The Witness: Photographer.

rOPrO ro

[485] By Mr. Eskridge:

Q. I show you Defendant’s Exhibits Nos. 1 through 15

and ask you if you have seen those before.

A. Yes, sir.

Q. What are they?

Mr. Me Donnell: Objection.

The Court: He may identify them. I will overrule the

objection. He may tell what he thinks they are.

By the Witness:

A. Photographs.

By Mr. Eskridge:

Q. Do you know who prepared—who took the photo-

graphs and developed the photographs?

. Yes, sir.

. Who?

. Myself. I did.

. When did you take the pictures that are in your hand?

. November 17th.

. That was last Wednesday?

. Yes, sir.

Q. Would you look at Defendant’s Exhibit No. 1, [486]

the first one on top, and tell me does that truly portray what

it purports to show as it existed on November 17, 1966?

A. This is a front entrance——

Mr. Me Donnell: Objection, your Honor.

‘he Court: Yes, I will sustain the objection to the

question.

By Mr. Eskridge:

Q. Does it truly portray what it purports to show as it

existed on November 17, 1966?

A. Yes, sir, it does.

Q. Now look at each of those exhibits that are in front of

you and tell me whether or not they trv!» portray what they

purport to show as it existed on November 17, 1966.

Mr. Me Donnell: I object to this, Judge.

_—

A. 6141 Drexel.

Mr. McDonnell: I object to this. I don’t know what

he means by ‘‘entrance,’’ your Honor. Is it the door or

gate or

The Witness: This is the open front door showing the

stairs.

The Court: All he is doing now is trying to identify

these exhibits. If they are not identified in a proper

manner, we will deal appropriately with any offer that

[489] is made.

Mr. McDonnell: Yes, sir.

By Mr. Eskridge:

Q. Which way was your camera facing as you took the

photograph, Exhibit 3, and the entrance which you de-

scribed?

A. My camera was facing east as I took the photograph.

Q. Now as you walked into the entrance at 6141 Drexel,

in which direction did you walk to go into the entrance of

the first floor group of rooms?

A. I walked east and made a turn to the left in order

to go into the first room.

Q. As you stood there in that doorway, how many rooms

did you see beginning at your left which would be westward

and going to your right which would be eastward?

A. Two rooms visible.

Q. Would you describe the two rooms beginning to the

left?

A. They would be to the right

Q. To your right?

_A. To my left.

[490] Mr. McDonnell: I object to Mr. Eskr

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