# Appendix — United States v. White > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0262%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1971 - **Citation:** 401 U.S. 745 ## Text — SUPREME COURT OF THE UNITED STATES OcTOBER TERM, 1969 No. 46 UNITED STATES OF AMERICA, PETITIONER v. 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, v. 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, J. Date / 20/66 9/27/66 9/28/66 10/4/66 10/5/66 *9/20/66 10/13/66 10/13/66 10/20/66 10/27/66 11/2/66 11/4/66 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, J. 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 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 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 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 9/13/66 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, J. 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. 10 Date 11/4/66 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 11 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 12 Date 11/23/66 11 23/66 11 29/66 11/28/66 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 13 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 14 INDICTMENT (Filed Apr. 18, 1966.) Unrtep States District Court, NortHern District or Iuurnors, Eastern Division No. 66 CR 254 Unrrep States or AMERICA v. 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 15 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 16 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 18 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 19 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 20 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 - 21 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 ae 22 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. 23 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 24 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 25 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 26 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 27 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. 28 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? 29 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 30 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 31 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] . . . . [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? A. No, sir, I do not. 77 {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 78 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 — 79 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 _ sv \. 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. 81 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 82 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 — 83 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 84 (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. 85 (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 — 86 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: 88 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 89 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? 90 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? ee A. Mr. Jackson left the club at approximately 8:00 p.m. 91 [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 — 92 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 93 [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. _— 95 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. Eskridge leading the witness here and correcting his—— The Court: Mr. Eskridge, may I suggest to you that all you may do at this point is have the witness identify the exhibits. If they are offered and admitted, you may then ask the witness some questions. All you may do now is have them identified if the witness can identify them. I sustain the objection. = RETRO TCE NERA REN, SPN RCS TRO ERA PAD RENE IL ERA 96 By Mr. Eskridge: Q. Now as you stood there in the doorway beginning to your left and going to your right, how many rooms were there that you could see on the first floor? Mr. McDonnell: Objection. The Court: I sustain the objection. By the Witness: A. There were three rooms. The Court: I strike the witness’ answer and direct the jury to disregard it. Did you understand me, Mr. Eskridge? [491] Mr. Eskridge: Yes, your Honor. The Court: You didn’t seem to from your question that followed. By Mr. Eskridge: Q. Now I show you Exhibit No. 4 and ask you which way was your camera facing in that picture? A. My camera was facing west. Q. Exhibit No. 5, which way was your camera facing in that picture? A. My camera was facing east. Q. Would you describe the room that you were looking at as you looked east? Mr. MeDonnell: Objection, your Honor. The Court: I sustain the objection. Mr. Eskridge: I withdraw the question. The Court: This witness is not here to tell about rooms yet. As I understand it, you are seeking to have Defend- ant’s Exhibits 1 through 15, respectively, for identification, identified. The questions you are asking are not pointed toward identification; therefore I sustain the objection. [492] By Mr. Eskridge: Q. Will you look at Exhibit No. 6 and tell us in which direction was the camera facing on that picture? A. The camera was facing east. Q. And Exhibit 7? A. The camera was facing east. 97 . Exhibit 8? . The camera was facing west. . In which room? . In the farthest room. . And the camera was facing which direction on No. 9? . The camera was facing east in the farthest room— pardon me, west, I am sorry. Mr. McDonnell: I don’t—may I object now, Judge, unless the witness clarifies his statement? I don’t know which way the camera was. The Court: I don’t either. By Mr. Eskridge: Q. Would you look at Exhibit No. 9—— The Court: He made an answer to a question. [493] By Mr. Eskridge: Q. Tell us in which room you were and in which direction was the camera facing. A. I was in the farthest room; the camera was facing west. Q. Would you look at Exhibit No. 10 and tell us which room you were in and which way the camera was facing? A. I was in the farthest room; the camera was facing west. . Could you further identify the farthest room? . Yes. . What kind of room was it? . It was Mr. McDonnell: Objection, your Honor. The Court: I sustain the objection. We are not identi- fying rooms here, sir. I don’t seem to get any contact with your mind. This witness may identify only the exhibit. He is not here at the moment to testify about the location of rooms. You may ask him only about those exhibits at this point, and if he can identify them, he may. [494] By Mr. Eskridge: Q. Would you look at Exhibit 11 and tell me The Court: Just ask him what they are. 98 By Mr. Eskridge: Q. What is it? A. Yes. It is a photograph of the farthest room facing west. Q. The camera—— A. The camera was facing west. Q. Would you look at Exhibit No. 12 and tell us what this is, which way the camera was facing? A. The camera was facing west; the photograph is of the farthest room. Q. Would you look at Exhibit No. 13 and tell us what that is and which way your camera was facing? A. The camera was facing east and the farthest room. Q. Would you look at No. 14 and tell us where that is and which way the camera was facing? A. The camera was facing east and the farthest room. Q. Would you look at No. 15 and tell me what that is? [495] A. A photograph showing the west—-west, and the entrance to the street. Q. From where? A. From the rooms and closets as they appear at 6141 Drexel. Mr. MeDonnell: I object. I don’t think there has been a proper foundation for any of this. The Court: Let me see them. (Documents handed to the Court.) The Court: Who are the boys in this picture? Are these your boys? The Witness: No, sir. The Court: They just happened to be there? The Witness: Yes, sir. The Court: The boys in the picture? The Witness: Yes, sir. The Court: The objections of the government to De- fendant’s Exhibits 1 to and including 15, respectively, for identification, will be sustained. Mr. Eskridge: May I address the Court outside the presence of the jury, your Honor? [496] The Court: On that ruling? Mr. Eskridge: Yes, sir. 99 The Court: No, no. Those pictures just don’t serve to prove anything. There has been no foundation laid for them and I will let my ruling stand. I will deny your request for a hearing outside the presence of the jury. By Mr. Eskridge: Q. Now the exhibits, Mr. Moore, Exhibits 1 through 15, where were you when these pictures were taken? Mr. McDonnell: Objection, your Honor. The Court: I sustain the objection. I have sustained objections to the admission of these exhibits. You may not question the witness in respect to them now. Mr. Eskridge: I want to ask him to describe the premises. The Court: No. You may ask him anything that doesn’t relate to exhibits which have been denied admission into evidence. That is, I do not say that any question you ask [497] will necessarily be proper; you certainly may not refer to exhibits, objection to which have been sustained. Mr. Eskridge: Your Honor, one of the witnesses here testified that he was in a room, in the kitchen The Court: You just ask this witness any question you like that has nothing to do with these exhibits, and if they are proper, I will let the witness answer. If they are not, and if there is objection made, I will have to deal appro- priately with the objection. By Mr. Eskridge: Q. Mr. Moore, as you approached the door, the outer door at 6141 Drexel, would you tell us on the front of the premises where that door was?’ Was it near the—— Mr. McDonnell: Objection to the leading question. The Court: Yes. That is suggestive of the answer. I sustain the objection. Mr. Eskridge: I withdraw the question. [498] By Mr. Eskridge: Q. Would you tell us how many doors lead into the front entrance of 6141 Drexel? A. One door. s Would you describe for us where that door is? . It is to the right of the building, to the south. At the south wall? . Yes, sir. . How close to the south wall was that door? . Perhaps a foot or less. . One foot or less? Yes. . Now as you opened the front door and stepped from the street into the entrance, what is the first thing you see? A. A stairway. Q. As you step into the inner—as you step into the door, what is the next opening that you see? A. There is a door to the left. Q. How far is that door from the entrance? A. About three feet or more. Q. Now as you stand in that door looking to the north, [499] how many rooms would you see beginning at your left? A. One room. Q. The room in front of you? A. Yes. Q. And is there another room that you may see from that door? Mr. McDonnell: Objection, your Honor. The Court: I sustain the objection. By Mr. Eskridge: Q. Would you describe the number of rooms that you see as you stand in that door? A. Three rooms. Q. Now did you go into the room—did you go in each of those three rooms? A. Yes, sir. Q. Describe each of the three rooms that you went into. A. As you enter from the doorway, there is a large room to your left, there is a smaller room, and to your right there is a kitchen. Q. Did you enter into the kitchen? A. Yes, sir. Q. Where was the opening in the wall which led into the kitchen? frererere 101 [500] Mr. MeDonnell: Objection. The Court: I sustain the objection. By Mr. Eskridge: . Would you describe the west wall of the kitchen? - On the west wall is a door as you enter the kitchen. . Where is that? . It is to the right. . At which wall? . The south wall. Now did you enter the kitchen? . Yes, sir. - How many doors did you see within the kitchen? . There was the rear entrance and the door to the right? Q. Did you go into that door to the right that you speak of? A. No, sir. Q. On which walls were each of these doors? A. A door on the west wall—east wall and south wall. Q. Now would you describe the outward appearance of each of those doors. [501] A. The outward appearance of each door is one flat layer of board. Q. Did you within the kitchen see any doors or openings in the wall which had two doors? A. No, sir. Mr. McDonnell: Objection. The Court: I sustain the objection. Mr. MeDonnell: I ask it be stricken. The Court: I strike the answer of the witness and direct the jury to disregard it. Mr. Eskridge: That is all, your Honor. The Court: Is there any cross examination of this wit- ness? Mr. McDonnell: One question, your Honor. PFOPOPObOLO Cross-examination. By Mr. McDonnell: Q. Were you ever in this house before November 17, 1966? 102 A. No, sir. Mr. McDennell: That is all. The Court: You may go. (Witness excused.) [503] Mary Jackson, a witness called by and on behalf of the defendant, having been first duly sworn, was exam- ined and testified as follows: Direct examination. By Mr. Eskridge : Q. Would you give us your name and your address? A. Mary Jackson, 6549 Blackstone. Q. Please keep your voice up. How long have you lived at 6549 Blackstone? . Approximately around about three weeks. From where did you move? . 6141 Drexel. Are you married or single? I am married. To whom are you married? To Harvey Jackson. . Would you describe Harvey Jackson for us, his physi- cal appearance? Mr. McDonnell: I object to this. The Court: I sustain the objection. I don’t know how to describe a man. I don’t know how the witness could [504] describe him. You mean is he tall, is he short? Mr. Eskridge: Yes. The Court: Is that what you want to know? Mr. Eskridge: Yes, the physical description. The Court +Is-ke tall or short? The Witness: He is kind of short. The Court: You don’t object to short people, do you? The Witness: No. OPOPOoror -— 103 By Mr. Eskridge: Q. Do you know what his height is? A. Not exactiy, I don’t. I don’t know whether he is— I don’t know because I don’t know my own. How long did you live at 6141 Drexel? Two years. With whom did you live there? By myself until February of this year. Who else lives there? With my children. And who else? And my husband, my husband and myself. ] Q. Who lives with you at 6549 Blackstone? A. My husband and my children. Q. And your husband’s name is A. Harvey Jackson. Q. When is the last time you saw your husband Harvey Jackson? A. Last night. Q. Did anyone help you move from 6141 Drexel? Erororeore — ? Mr. MeDonnell: Objection, your Honor. By the Witness: A. My husband and—— The Court: I sustain the objection. If the witness made answer, I strike her answer and direct the jury to disregard it. By Mr. Eskridge: Q. Has your husband Harvey Jackson left the city as far as you know? Mr. MeDonnell: I object, your Honor. The Court: I sustain the objection. She said she saw him last night. Is that right, young lady? The Witness: Yes, that is. By Mr. Eskridge: [506] Q. Within the last twelve months, do you know a 104 whether or not your husband left the city for any exten- sive length of time? A. Well, he had worked out of town. Q. For how long a period of time? A. Approximately around about a month or two, I think. Q. Can you fix the time when that was? A. No, I can’t. I really can’t because I didn’t keep up with it too much. Q. Was it in the winter of this year, the spring or the summer? : Mr. McDonnell: I object to that. The Court: I sustain the objection. You needn’t answer that question. By Mr. Eskridge: Q. Can you fix the seasons of the year of 1966 when your husband went out of town? Mr. McDonnell: Objection, your Honor. That is presum- ing he went out at all seasons. The Court: I will sustain this objection. All you are en- titled to ask is a ‘‘when’’ question, Mr. Eskridge. By Mr. Eskridge: [507] Q. Is that your best recollection, that you don’t re- member when it was? A. Well, it could have been around about in July or August. [508] Q. Now, Mrs. Jackson, I call your attention to on or about December 9, 1965. Were you living at 6141 Drexel at that time? A. Yes, I was. Q. Do you know a man named Carl Jackson? A. No, I don’t. Q. I point to a man here, I point to a man who is Carl Jackson and ask you if you have ever seen this man before? A. No, I haven’t. Q. What time in December, 1965, did you get off from work, if you were working? ——— 105 A. LT usually get off at four and be home at five. Mr. McDonnell: Objection, your Honor. I don’t know (509] what type of shift she worked in December, but I would imagine that she had hours. I don’t know what day he is referring to or anything. The Court: Yes. I think there should be a preliminary question. I will sustain the objection. By Mr. Eskridge: Q. On or about December 9, 1965, do you know what your working hours were? A. From eight until four, and I would be home at five. Q. When you came home, did you have a usual routine? A. Well, I would come and do the usual thing, come in and prepare supper for the family. Q. What time did you prepare your supper for the family? Mr. McDonnell: Objection. The Court: Why? Mr. McDonnell: There is no date specified. The Court: The date, as I understand it, is December 9, 1965. Is that what you want to know about? [510] Mr. Eskridge: Yes, sir. The Court: What day—what time did you prepare supper on December 9, 1965, is what the lawyer wants to know. The Witness: Yes. Well, around about between five- thirty and six o’clock. By Mr. Eskridge: Q. Your dinner hour was how long? A. Oh, around about an hour. Q. What did you do after you finished dinner, if any- thing? A. Well, the children sometimes would look at, watch television downstairs, and we would go upstairs. Q. Now, Mrs. Jackson, how many kitchens are located at 6141 Drexel? A. Only one. Mr. McDonnell: Objection. The Court: I will sustain the objection. — 106 Mr. McDonnell: I ask it be stricken from the record and the jury be instructed to disregard the answer. The Court: Yes. I direct the jury to disregard that ques- [511] tion. If the witness made answer, I strike the an- swer an direct the jury to disregard it. By Mr. Eskridge: Q. Would you describe the rooms that are located on the first floor of 6141 Drexel? A. There are six rooms on the first——. On the first floor? Q. On the first floor. A. No, there are three rooms on the first floor and a full bath. Q. And on the second floor? A. There is six rooms with a half bath. Mr. McDonnell: Objection. I withdraw the objection, your Honor. The Court: I will let the question and answer stand. Mr. Eskridge: I didn’t hear either one. Counsel was talking. The Court: You heard your question. Mr. Eskridge: Counsel was talking as the witness was talking. The Court: Oh, well. Do you want to ask your question again? You may. Mr. Eskridge: Let the witness answer again. [512] By Mr. Eskridge: Q. Would you describe the rooms on the second floor? A. There is six rooms on the second floor. Q. Would you describe them? A. There is a living room and then there is a—— Mr. McDonnell: I am going to have to object, your Honor. The second floor is not relevant. The Witness: And a half bath. The Court: Just a minute, please, Miss Witness—Madam Witness. What is the relevancy of the second floor? Mr. Eskridge: I will withdraw that question. 107 By Mr. Eskridge: Q. Would you describe the rooms on the first floor of 6141 Drexel? A. As you come in out of the hallway, you step into a living room. Then there is another small room and then a [513] kitchen, and then there is a full bath. Q. Would you describe for us the kitchen? A. The kitchen has a pantry. It has a back door, but the back door is always locked. Q. You spoke of a pantry. On which wall in the kitchen is the pantry? A. It would be to my right. Q. What wall would that be, north, east, south or west? A. I imagine it would be to the north. Q. Now—— Mr. McDonnell: I am sorry, Judge. I didn’t hear the witness’ answer. The Court: I didn’t either. Did you get it, Miss Reporter? Please read it. (Record read.) By Mr. Eskridge: Q. With your back to the back door looking to the west or looking toward Drexel, on which wall was the pantry? A. Well, it would be on the east wall then. Well, you have to kind of excuse me because I get my directions on [514] the north, east and south mixed up. But I know it is to my right as you come in through the door. Q. As you walk into the kitchen, the pantry would be to your right? A. To my right. Q. How many doors were on that pantry? A. Just one. Q. Was there any other closets or pantries in that kitchen? A. No. Mr. McDonnell: Objection. The Court: I will strike the answer. I strike the witness’ answer and direct the jury to disregard it. 108 By Mr. Eskridge: Q. Was there more than one pantry? A. Just the one. Q. Were there any other doors in the kitchen? A. A back door but the back door was always locked. Q. As you lived at 6141 Drexel, did you have any pets? A. Yes, I had a Doberman and then a small dog. [515] Q. A what? A. A Doberman pinscher. Then I have a small dog. The Court: What is a Doberman pinscher? I know but there may be some on the jury who do not know what a Doberman pinscher is. The Witness: Well, she is a Doberman pinscher dog mixed with collie. The Court: It is a big dog? The Witness: Large dog. By Mr. Eskridge: Q. Where did you keep the large dog in December of 1965? A. Always in the house. Q. Was there a reason why you kept the dog in the house? Mr. McDonnell: Objection. The Court: I will sustain the objection. By Mr. Eskridge: Q. Why did you keep the dog in the house? Mr. McDonnell: Objection. The Court: I will sustain the objection. By Mr. Eskridge: [516] I show you Defendant’s Exhibits Nos. 1 through 15——_ The Court: Exhibits for identification. Mr. Eskridge: I meant for identification. By Mr. Eskridge: Q. I ask you to look at Defendant’s Exhibit No. 1 and tell us what that is, this picture here? 109 Mr. McDonnell: Objection. The Court: I think the witness has a—he has a right to ask the witness what it is. That doesn’t mean necessarily that it will be admitted. Mr. McDonnell: I withdraw the objection. The Court: But I think the witness may say if she knows what it is. By Mr. Eskridge: Q. What is it? A. This is the house where I lived. Q. Speak up so the jury can hear you. A. This is the house where I used to live. Q. As you look at that picture, what do you see? Mr. McDonnell: Objection. The Court: I will sustain the objection. By the Witness: [517]