Appendix — Swenson v. Stidham

Supreme Court brief1973

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INDEX

Volume I

Appendix A—Transcript in State v. Stidham, No.

45537 Al

Volume II

Appendix B—tTranscript in State v. Stidham, No.

No. 52406 A561

Appendix C—Transcript in Stidham v. State, No.

54674 A595

Appendix D—Opinion in State v. Stidham, No. 45537

: A697

Appendix E—Opinion in State v. Stidham, No. 52406

A721

Appendix F—Opinion in State v. Stidham, Reinstated

Appeal, Nos. 45537 and 54674 ... A725

Appendix G—Opinion in Stidham v. Swenson, Federal

Habeas Corpus, Civil Action No. 18121-2

Appendix H—Order Dismissing Appeal in Stidham

v. Swenson, No. 20337 A758

Appendix I—Order of United States District Court

Dismissing Reinstated Appeal in Stidham v. Swen- |

son, No. 20337 A759

Appendix J—Opinion of the United States District

Court in Stidham v. Swenson, No. 18771-2 A760

Appendix K—Opinion of the Eighth Circuit Court of

Appeals in Stidham v. Swenson, No. 20685 A765

Appendix L—Order Denying Petition for Rehearing

En Banc Before the United States Court of Appeals

for the Eighth Circuit in Stidham v. Swenson, No.

20685 A777

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A381

TROOPER R. C. CALDWELL,

BEING RECALLED, TESTIFIED:

Redirect Examination by Mr. Riley

Q. Will you state your name please? A. R. C.

Caldwell.

Q. You were sworn just a while ago to testify in this

case, weren’t you? A. Yes, sir.

[535] Q. Where do you live Mr. Caldwell? A. Fred-

ericktown.

Q. Up here in Madison Cotinty? A. Yes,

Q. You are with the Missouri State Highway Patrol?

A. Yes, sir.

Q. I will ask you, how long have you been with the

Patrol? A. Since the 14th day of December, 1942.

Q. Did you go to the Missouri State Penitentiary in

September of 1954? A. Yes, sir.

Q. When did you get there sir? A. I got there at

twenty-five minutes to eleven on September, the night

of September 22nd.

Q. Do you know the Defendant, James William Stid-

ham? A. Yes, sir

Q. Wiss was the first tins you eae tae? A. The

first time I ever saw him was on the morning of the 27th

of September.

Q. Where was that? A. In Death Row, at the Penj-

tentiary.

Q. Now, did you go tosDeath Row? A. Yes, sir.

Q. Did you take the Defendant anyplace? A. Yes,

sir, Patrolman Jenneman of the St. Louis Police Force

[536] and myself, took him from Death Row to the field

house of the Penitentiary.

Q. Did you go back to his cell to get him? A. I

didn’t go back to his cell, Patrolman Jenneman and a guard

A384

after he had written the statement out, as to why he would

. get himself implicated in the murder of somebody that

hadn’t really done anything to him.

MR. HENNELLY: Object to that Your Honor, and

ask rt it be stricken and the Jury instructed to disregard

it and a mistrial be declared, hearsay and not ‘binding on

this Defendant.

THE COURT: Overruled.

Q. Did he answer that statement?. A. I asked him

the words, I remember, as to whether—

THE COURT: Just state what his statement was.

A. Hesaid that Donnell was a snitch and had snitched

on some of the boys and that they had got a load of time

out of it, and that I was living my life under a different

code than he was living his, and that he respected my

code, whether I did his or not.

Q. I believe that is all.

[540] Recross-Examination by Mr. Hennelly

Q. Did he say that he was living under a different

code? A. Yes, sir

Q. Did you, by that code, think that he meant that

nobody should ever snitch on anybody else? A. I don’t

know what he meant, that is the words he said.

Q. But he did tell you that the reason Donnell was

killed was because he had informed somebody and had

snitched on somebody else, is that right? A. He told me

that the reason he wanted to kill Donnell was that he was

a snitch and that he had snitched on a bunch of the boys

and that they had got a load of time out of it.

Q. There isn’t any question about the fact that he

said that to you, is’there Trooper? A. If there was, I

wouldn’t make the statement.

Q. Nobody hit him and nobody did anything to him

and nobody held him from the — that is trie, isn’t

it? A. Yes, sir

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A385

Q. Nobody did anything like that to him, isn’t that

right? A. That is right.

Q. Now, Trooper Caldwell, you took him from Death

Row, is that correct? A. Yes, sir.

Q. And then you took him over to this shed? A.

To the field house.

[541] Q. To the fiela house? A. Yes, sir.

Q. Did you take him back to Death Row when you

were finished questioning him? A. No, sir.

Q. Was he in the same condition when you took him

out of Death Row that he was when you left that shed,

was he in the same physical condition? A. Yes, sir.

Q. He hadn’t shown any evidence had he of any of his

fingers being paralyzed as a result of being hung up? A.

He didn’t show anything like that.

_ Q. Didn’t make any complaint to you about ever

being mistreated, or anything like that, did he? A. No,

sir.

Q. Nobody had to lay a hand on him, did they, no-

body had to hang him up or do anything to him? A. There

wasn’t anybody that was hung up or beaten up, no, sir.

Q. Now, when you took him back after he had left

there Trooper, where was it that you said you took him to?

A. You mean from the field house, where we took him to?

Q. Yes, sir. A. After he made this statement?

Q. Yes, sir. [542] A. To O Hall.

Q. O Hall? A. Yes, sir.

Q. And did you place him in a cell there? A. I didn’t

place him in a cell. He was placed in a cell, but not by me.

Q. Had there been any conversation about the De-

fendant’s wrist watch before he left Death Row? A. Not

to my knowledge, no, sir.

Q. Did he have a wrist watch on? A. I don’t re-

member seeing one on him.

A386

Q. Well, did you assist in putting the handcuffs on

him? A. He was brought out from his cell by Patrol-

man Jenneman and one of the guards out to the front

and my handcuffs were placed on him, and his hands were

handcuffed to the back of him like this.

Q. And did those handcuffs remain on the back of

him during all of the oral interrogation? A. Yes, sir.

Q. And where was he in that room during that in-

terrogation? A. Sitting in a chair.

Q. Did he at anytime leave that position at that chair?

A. Not that I remember of.

Q. There was no, he made no movements after he

once sat down to the best of your knowledge, is that right?

A. As far as leaving the chair, I don’t remember him leav-

ing [543] the chair.

Q. Was he at a table when he was being interrogated?

A. Close to a table similar to that, but he wasn’t sitting

right up close to it.

Q. No further questions.

MR. RILZY: That is all.

THE COURT: I believe we will recess now for sup-

per. During the evening recess, remember the previous

statements of the Court not to talk to anyone or permit

anyone te talk te you sbout it, and don’t discuss the case

among yours .2 of reed anything about it or listen to

anything sbowt i, and the Sheriff will take you to the

hotel for your supper and we will recess until seven or

seven-fifteen.

And thereafter to-wit: On the same day, the follow-

ing order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 428) Tuesday, July 19th, 1955, Regular July 1955

Term :

Now at this time, it being supper hour, trial in this

cause is recessed for the Supper Recess. ;

A387

Now, supper recess being over, comes again the parties

by their respective counsel, and comes the Jury herein

impaneled. and sworn to try this cause, and whereupon

trial in this cause is resumed and progressés in the hearing

of the evidence herein.

[544] THOMAS JENNEMAN,

RECALLED, TESTIFIED:

Redirect Examination by Mr. Riley

Q. Will you state your name please? A. Thomas

Jenneman.

Q. Where are you employed sir? A. St. Louis Po-

lice Department.

Q. For how long have you been employed by the

St. Louis Police Department? A. Fifteen years ago last

December 24th.

Q. How old are you sir? A. Thirty-seven.

Q. I will ask you if you know the Defendant, James

William Stidham? A. Yes, sir, I do.

Q. Can you recall when you saw him the first time?

A. The morning of the 27th of September.

_Q. What year? A. 1954.

Q. And where were you? A. At the Penitentiary.

Q. Where was the first time you saw him? A. In

Death Row. ;

Q. You just tell us what you did and what hap-

pened. A. Trooper Caldwell and, on orders of Lieutenant

Eitzman went to Death Row to bring Stidham down to

the baseball field [545] athletic shack for questioning

concerning the murder of Walter Lee Donnell.

Q. And where did you go to get him? A. Death Row.

Q. Death Row? A. Yes.

Q. And you took him down to the recreation building

on the athletic field? A. Yes, sir.

A388

Q. Now, how was he taken down there? A. In the

Patrol car, Trooper’s car.

Q. And did you take him in the building? A. In

the athletic building?

Q. Yes. A. Yes, sir. of

Q. Were you there all the time he was there? ‘A.

Not all of the time, no, there was a couple of times that I

stepped outside.

Q. Now, during the time—I will show you what has

been marked as Exhibit 16 and 16-1, and ask you if you

ever saw that before? A. Yes, sir. I have.

Q. Now, is your name, does your name appear on

that exhibit? A. My initials on the first page and my

name on the second.

Q. Were you there when that exhibit was written?

A. Yes, sir, I was.

Q. All of it? A. Yes, sir.

[546] Q. Now, I will ask you if you or anyone in your

presence who signed that, who wrote that Exhibit— A.

Stidham wrote it.

Q. Didhesignit? A. Yes, sir.

Q. Inyour presence? A. Yes, sir.

Q. I will ask you if you or anyone in your presence

promised Stidham anything to make a statement? A.

No, sir.

Q. I will ask you if you or anyone in your presence

threatened Stidham? A. No, sir.

Threatened him in any way? A. No, sir

Strike him? A. No, sir. What did you say, trick

I said threaten? A. Threaten him, no, sir.

Now, did you or anyone in your presence hit,

strike, beat Stidham in any way, or in any manner? A.

No, sir.

Q

Q

?

Q. No,strikehim? A. No, sir.

Q

Q.

Pennine

A389

Q. Did you offer him any violence whatsoever? A.

No, sir.

[547] Q. Now, did you tell Stidham what to put in

that statement? A. No, sir.

Q. Who was doing the questioning? A. Lieutenant

Eitzman and Sergeant Little.

Q. Did you hear them tell him what to put in that

statement? A. No, sir.

Q. Did anyone tell him what to put in that state-

ment? A. No, sir.

Q. Did Stidham make any statement other than what

is contained in those sheets of paper? A. Made an oral

statement before he wrote this.

Q. I will ask you if you can recall anything that he

said orally, that isn’t in that statement? A. I recall him

saying that he had a grudge against Donnell, due to the

fact that Donnell snitched on him in July while they were

in E Hall.

And that was his reason for being put in Death

Row, the snitch was over a riot that was supposed to take

place in July.

MR. HENNELLY: I am going to object to that an-

swer and ask that it be stricken and the Jury instructed

to disregard it and a mistrial declared, as they are attempt-

ing to prove another crime, and it is an attempt to put the

reputation of the Defendant in issue.

THE COURT: The objection is overruled.

[548] Q. That is all.

Recross-Examination by Mr. Hennelly

Q. Officer Jenneman, had you been up in the Peni-

tentiary from the night that the riot began? A. Yes,

sir.

Q. What time did you arrive up there? A. Early,

about five-thirty the morning of the 23rd.

A390

Q. Five-thirty the morning of the 23rd? A. That

was Daylight Saving Time, four-thirty Jeff City time.

Q. Did you at that time go down into Death Row?

A. No.

Q. Were you in B basement at anytime on the 23rd?

A. No, sir.

Q. Now, you are attached to what district in St. Louis?

A. Central.

Q. And Lieutenant Eitzman is your commanding of-

ficer, or at least one of your commanding officers down

there, isn’t he? A. Yes, sir.

Q. And these other officers, Billings and what is the

name of the other officer that testified here? A. Over-

beck.

Q. You are all out of the Central District? [549] A.

Yes, sir.

Q. Incidentally, how big a man are you? A. Five

foot eleven, one hundred and ninety-five pounds.

Q. One hundred and ninety-five? A. Yes, sir.

Q. Now, are you attached to any particular riot squad

or anything in the City of St. Louis? A. No, sir.

Q. I see. Now then, when you came up to—strike

that. On the day that this defendant was questioned, you

were one of the officers that got him out of his cell in Death

Row, am I correct in stating that? A. Yes, sir.

Q. Now, was there any conversation either directly to

you, or any conversation in your presence with respect to

a wrist watch that the Defendant had on? A. No, sir.

Q. There wasnone? A. No, sir. .

Q. Did he have a wrist watch on when you first got

back to his cell? A. When I first went to get him?

Q. Yes. A. Isawno wrist watch.

Q. ‘Did you go to his cell? A. Went to the door of his

cell.

[550] Q. And at the time that you went to the door

of his cell, was he laying down on the floor or standing

A391

up or where was he? A. Well, I don’t recall whether he

was laying down or standing up.

Q. And did you have some conversation with him

then? A. Icalled him.

Q. Did you tell him you were going to take him over

to the athletic shed? A. Didn’t tell him where, said come

along.

Q. Didn’t tell him where he was going, is that right?

A. No, sir.

Q. Did you stop at anytime in that classification room

and raise him up off of the floor? A. No.

Q. Didn’t do that, did you? A. No, sir.

Q. This time he was questioned over in the athletic

shed, is that right? A. I don’t know of any other time that

he was questioned.

Q. Allright. And can you tell me where these hand-

cuffs were put on? A. You mean what part of his body?

Q. Yes. A. On his hands, and his hands were be-

hind his back.

[551] Q. His hands were behind his back? A. Yes,

sir.

Q. And then he was taken out of Death Row and put

into one of the cars and taken some distance to this shack,

is that right? A. He was taken out of his cell there

shortly, or rather a small distance from his cell door is a

cage, there is a walkway there, and he was brought up to

the front gate of Death Row and there the handcuffs weré

put on him.

Q. There the handcuffs were put on him? A. Yes,

sir.

-~ Q. Now, when you took him in, did you take him in

a car over to the athletic field? A. Yes, sir.

Q. Can you give His Honor and this Jury any idea of

how far you had to drive to get him over there? A. From

the Death Row cell?

A392

Q. Yes, from the time you got into the car and you

drove him over to the athletic shed? A. I would say

perhaps close to a quarter or half a mile.

Q. Between a quarter and half a mile? A. Yes, sir.

Q. You know how close the Administration Building

is to Death Row? A.. No, sir.

[552] Q. Youdon’t? A. No, sir.

Q. But you took him between a quarter and half a

mile down there to question him, is that correct? A. Yes,

sir.

Q. Now then, when he got down there and as he was

sitting in the car, he was still handcuffed with his hands

behind him, is that right? A. Yes, sir. '

Q. Did either you or Trooper Caldwell have any shot-

guns with you or pistols when you went up there? A. I

had a riot gun.

Q. You had a riot gun? A. And my sidearms.

Q. And yoursidearms? A. Yes, sir.

Q. And with all that, you still handcuffed him to the

back, is that right? A. Yes, sir.

Q. And then you taken him down there, and when he

got in there, were there some officers in that room already?

A. Yes, sir.

Q. And tell us if you will, where were they in that

room? A. Seated at a table, and Lieutenant Eitzman was,

I don’t recall if he was seated at a table or standing behind

it, and Sergeant Little was seated at the side of the table,

and [553] I don’t recall just where Overbeck or Billings

were, but they were in the room, whether they were seated

or standing I don’t remember.

Q. Now then, do you, were you there for the first part

or all of the questioning Officer? A. When we first went

in it was a pretty hot day, and I stepped over to a fan that

was there, and I was fairly close to the fan. Shortly after-

wards I had to step outside, due to a severe cough that I

had, and I was outside for a few minutes.

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A393

Q. You say that it was a pretty hot day, this was

September, you say September 27th, is that right? A. Yes,

sir.

Q. Was it, was thesun shining? A. Yes, sir.

Q. And would you say it was real hot? A. It was

hot enough to where we were instructed by the Captain of

the St. Louis Police Department to remove our blouses and

go around in shirt sleeves.

Q. All right. Were you there while he was ques-

tioned at all in the beginning Officer? A. As I said, when

we first went into the room with him, I stepped over to

this fan, and shortly afterwards I stepped outside, due to

a severe cough, which I had spent fourteen days in the

' hospital because of.

Yes.

[554] Q. Did you come back in again? A. Yes, sir.

Q. And was he questioned then in your presence? A.

Q. And during that time Officer, did he deny that he

. had anything to do with the death of Donnell? A. I don’t

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recall anytime that he denied it, when I was in there.

Q. Youdon’t recall that? A. No,sir. —

Q. You know how long you were gone outside of the

room? A. Perhaps close to ten minutes.

Q. Close to ten minutes? A. Yes, sir.

Q. When you came back in, did you stand up close to

the position where he was being interrogated by the of-

ficers? A. I stood to his left, rather, I went over and sat

on a bench to his left against the wall.

Q. How far would you have been away from the De-

fendant at that time? A. Approximately four feet.

Q. Four feet? A. Yes, sir.

Q. But at no time did you hear him deny that he had

anything to do with the murder? A. Not while I was in

the room.

[555] Q. Not while you were there? A. No, sir.

A394

Q. Now was he admitting then when you were there

that he had something to do with the murder? A. Not

right at that moment, no.

Q. All right. Now, is it your testimony that nobody

hit him, nobody did anything to him, isn’t that right? A.

In my presence the man was never injured or struck in

any way.

Q. And—

THE COURT: Let the witness answer, he was an-

swering, go ahead and complete your answer. What were

you saying?

A. In my presence the man was never touched and

never injured and never threatened in any way.

Q. All right. Was he at anytime taken and lifted up

to the ceiling, rather lifted a few inches from the ground

with a rope which was attached to the handcuffs to the

back? A. No, sir.

Q. That wasn’t done wasit? A. No, sir.

Q. Did you leave that room at anytime after that

first time that you went outside? A. No, sir.

Q. And did he complain of any pain in his hands?

A. No, sir.

[556] Q. Could you see his hands? A. See both of

them.

Q. And there was nothing wrong with the hands when

you saw them, is that right? A. Not that I could see, no,

sir.

Q. You didn’t see any shrinking of the little finger

and the next finger on the left hand, did you? A. I did

not observe anything like that.

Q. All right. Now then, how long was he in there

before he mace a signed statement? A. I would say ap-

proximately twenty-five minutes or a little longer.

Q. Twenty-five minutes? A. Yes, sir.

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A395

Q. Now, was he still in the same position when the

statement was reduced to writing as he had been in when

he was making the oral statement? A. No, when he

started writing, the handcuffs were removed.

Q. And did he remain in the same chair and in the

same position? A. Same chair, but not the same position,

no.

Q. Allright. Now, at that time, were you all seated

around the table? A. Not all of us, no.

Q. Did anybody tell him anything to put in that state-

i ment? [557] ‘A. No, sir.

Q. Nothing at all, is that right? A. He was in-

: structed to state what his name was and his age.

PREETI CTD DAE at haat

Q. His name and his age? A. And that he was an in-

mate of the Penitentiary.

Q. You were there, you were right there, weren’t you?

A. Yes, sir.

Q. And he was instructed to give his name and his

age and that he was an inmate of the Penitentiary? A.

Yes, sir.

Q. Now, is that the only thing that anybody said to

him that was at that table during this interrogation, is

that the only thing that anyone said to him? A. Is that the

only thing anyone said to him?

Q. Yes, is that the only directions given to him with

regard to writing the statement? A. Yes.

Q. Theonly thing? A. Yes. ;

Q. No question about that now, is there Officer? A.

I don’t recall anything else that was said.

Q. Now, how long would you say it took him to write

the thing out? A. I would say possibly around fifteen or

twenty minutes.

[558] Q. Fifteen or twenty minutes? A. Yes, sir.

A396

Q. Now, after he got finished, did you put the hand-

cuffs on him again? A. I don’t believe we put them on

immediately, no.

Q. Did you put them on him after you got him out-

side? A. We put them on to take him back to O Hall,

where we took him.

Q. You didn’t take him back to where you got him,

did you? A. No.

Q. Were there at the time you went to Death Row

and got him, were there some other men celled in Death

Row? A. Yes.

Q. When you took him back down to O Hall, who

was with you at that time? A. Trooper Caldwell.

Q. Sir? A. Trooper Caldwell.

Q. Trooper Caldwell? A.- Yes, sir.

Q. Was that the last time that you saw the Defend-

ant Stidham? A. No.

Q. Did you question him at any time after that? A.

No, I didn’t question him.

Q. Iam sorry. Did you hear anybody else question

him after that? [559] A. No, sir.

Q. Did you see him down in the hospital down in

Springfield, Missouri? A. No, sir.

Q. You—did you go down there Officer? A. No, sir.

Q. No further questions Your Honor.

MR. RILEY: I believe that is all. Call Officer Bil-

lings.

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A397

CHARLES BILLINGS,

BEING RECALLED, TESTIFIED:

Redirect Examination by Mr. Riley

Q. Will you state your name please? A. Charles

Billings.

Q. You have been previously sworn, haven’t you?

A. Yes, sir.

Q. And how old are you Mr. Billings? A. Thirty-

five.

Q. By whom are you employed? A. St. Louis Metro-

politan Police Department.

Q. How long have you been Officer? A. Eleven

years.

Q. Are you acquainted with the Defendant, James

William Stidham? A. Yes.

Q. I will show you what has been marked as State’s

Exhibit 16 [560] and 16-1. Have you seen that instru-

ment before? A. Yes, sir.

Q. Do you know what it is? A. Yes, sir.

Q. Did you sign it? A. Yes, sir.

Q. Did you sign both pages? ‘A. I initialed the one

page and signed the other. .

Q. And were you present when that instrument was

written? A. Yes, sir.

Q. Who wrote it? A. James Stidham.

Q. And did he sign it? A. Yes, sir.

Q. Were you present when he signed it? A. Yes, sir.

Q. Where did this occur? A. In the field house at

the Penitentiary.

Q. Were you there when Stidham was brought in?

A. Yes, sir.

Q. Were you there all the time? A. Yes, sir.

A398

Q. Were you there when he left? A. Yes, sir.

Q. And I will ask you if at anytime you or anyone

else made [561] any promises to Stidham to get him to sign

this statement or make it? A. No, sir.

Q. I will ask you if you or anyone else in your pres-

ence threatened Stidham in order to get him to make this

statement? A. No, sir.

Q. I will ask you if you or anyone else hit, beat,

struck Stidham with anything, hands, fists, clubs or any-

thing? A. No, sir.

Q. Did you offer him any violence whatsoever? A.

No.

Q. Did he write this statement out in his own hand-

writing? A. Yes, sir.

Q. And did you or anyone there tell him what to put

in it? A. No, sir.

Q. Prior to making this statement, did you hear

Stidham make an oral statement? A. Yes, sir.

Q. And I will ask you if you can recall anything that

Stidham said regarding Walter Lee Donnell, and confine

it to Donnell, if he made any statement regarding Walter

Lee Donnell, that isn’t in that written statement. A. He

said in his oral statement that Donnell had snitched on him

several months prior, and when they attempted another

riot, and that is why he was in Death Row.

[562] MR. HENNELLY: Same objection, if Your

Honor please.

THE COURT: Same ruling.

MR. RILEY: That is all.

Recross-Examination by Mr. Hennelly

Q. Officer, you are also out of the Central District,

downtown district in St. Louis, aren’t you? A. Yes, sir.

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A399

Q. And there is,of course a Police Department rule

against beating any prisoner, isn’t there? A. Yes, sir.

Q. And there is also, to your knowledge, there is also

a Federal Statute against beating any prisoner, isn’t there?

A. Yes, sir.

Q. All right. Now then, so let me ask you, none of

you, there was no beating done in your presence or no

beating done by you, was there? A. No, sir.

Q. Now then, I am going to ask you Officer, at the

time that Stidham first got there into that cellar, I am

sorry, into that shed, it was a shed, wasn’t it? A. It was

a field house. It wasn’t what I call a shed, no.

Q. How many rooms in that place? A. Oh, the only

room we were in was one big room.

[563] Q. All right. And can you give His Honor

and the Jury the dimensions of that room? A. Oh, about

twenty by thirty, thirty-five feet.

Q. And when he first came in there, were you all

standing or sitting around the table, or what were you all

doing? A. Standing and sitting.

Q. Isee. And he was manacled at that time, was he?

A. Yes, sir.

Q. And did he have a coat on? A. No, sir.

Q. Was he at anytime in your presence placed in a

chair, and a coat put around him? A. No, sir.

Q. Did anybody hit him with any sticks? A. No, sir.

Q. You have to answer sir, so the gentleman can

get it. A. I said no, sir.

Q. Were there any sticks in that building which could

be used for cork ball games, did you see any of those

+ around there? A. There were bats in the place.

Q. Bats? A. There was the sporting, sports office.

Q. Did anybody take any of those bats, or any of that

sporting equipment and make use, fool around with it in

front [564] of Stidham? A. No, sir.

A400

Q. Didn’t do that? A. No.

Q. When Stidham was first questioned, did he deny

having anything at all to do with the death of Walter Lee

Donnell? A. When he was first questioned.

Q. How long did he persist in that position Officer?

A. Oh, about twenty to twenty-five minutes.

Q. Now, I am going to ask you if at that time he

was taken and hung up with his hands in back of him and

suspended six or eight inches from the ground, with his

feet six or eight inches off of the ground? A. No.

Q. “That is not true? A. No, sir.

Q. All right. But in any event, nobody did anything

to him, did they? A. No, sir.

Q. But he then admitted that he had something to do

with it, is that right? A. Yes, sir.

Q. That is when he made an oral statement? A,

Yes, sir.

Q. Did anybody have to do anything at all to him in

a physical way? [565] A. Not in a physical way, no, sir.

Q. Now then, I will ask you Officer, how long did the

oral interrogation take? A. Oh, another twenty-five

minutes to half an hour.

Q. Twenty-five minutes to half an hour? A. Yes, sir,

or less maybe. I mean, I wouldn’t say for sure, but I would

say it was twenty or twenty-five minutes.

Q. Let me ask you this, have you St. Louis Officers

discussed this thing between yourselves at anytime? A.

We have discussed the case.

Q. Allright. I will ask’you this, did anybody tell the

Defendant what to write into that statement? A. No, sir.

Q. Nobody told him anything? A. No, sir.

Q. No further questions.

MR. RILEY: I believe that is all.

MR. RILEY: At this time the State offers State’s

Exhibit 16 and 16-1.

A401

MR. HENNELLY: The Defendant will object and ex-

cept to the introduction of State’s Exhibit 16 and 16-1 for

| the reason that it is hearsay, for the reason that it was

taken in violation of the Constitutional Rights of this De-

fendant, under both the State Constitution and the Fed-

eral Constitution and for the reason that at the time it

_ was taken this Defendant [566] had been in custody, both

' actual and technical custody, being an inmate of the Mis-

) souri State Penitentiary, and being manacled and being

_ handcuffed, and for the reason that a proper foundation

| has not been laid for its introduction and to introduce it

under these circumstances and with the evidence so far ad-

_ duced, would be a violation of all of the Constitutional

Rights of this Defendant.

THE COURT: The objection is overruled. Now then,

_ I suggest that the statement be read to the Jury.

MR. RILEY: Can I read it?

| THE COURT: I was going to add further, that it then

_ be shown to the Jury, but that it be read. I don’t see

- much point in letting each member of the Jury have to

read it through its entirety. I think if it is read to the Jury

at this time, and then passed to the Jury, that will be

sufficient.

| (Out of the hearing of the Jury)

: MR. RILEY: At this time, before I read the Exhibit

: to the Jury, I will ask counsel for the Defendant if he wants

| to interpose an objection to that part of the statement which

: refers to the sentence, which sentence he is now serving,

_ and the fact that he has two prior convictions.

| THE COURT: Three previous convictions is the way

it is written here.

MR. HENNELLY: I am objecting to the entire Ex-

hibit Your Honor, but I am certainly objecting to that sec-

tion. I think that it [567] is putting his character and repu-

tation of the Defendant in issue prior to the time that he

7

“

A402

takes the stand, but I am objecting to the whole statement,

and I had included that in it Your Honor.

THE COURT: Well, in view then of the objection of

that particular part as far as the introduction of Exhibit 16

and 16-1, the objection as to the Exhibit being received in |

evidence, is overruled, but as to that particular part, I

think, following the word “Penitentiary” in the fourth line, ~

the Court will strike out for the reading and exhibiting to _

the Jury, the following words, “serving a sentence of —

twenty-five years for armed robbery”, and then that

looks like a comma, “I have three previous convictions of

and then it looks like either a semi-colon or a comma, there

is some other punctuation after that now, I think that

would be the part that should not be read to the Jury.

Now in passing that to the Jury, I think possibly a piece of

paper could be cut and with scotch tape could be pasted

over that.

MR. RILEY: I believe it would be better to use a piece

of paper. The scotch tape could be taken off and the state-

ment wouldn’t be destroyed as it now is.

THE COURT: If you paste a piece of paper on it, it

would be, the possibility would be that you would never be

able to remove it.

MR. REX HENSON: I will take care of it Judge.

[568] THE COURT: I want to complete this record,

the statement, that is the part of the statement that is af-

fected by this ruling of the Court now reads, “My name is

James William Stidham. I am Twenty-five years of age.

I am from Kansas City, Missouri, I am at the present time.

an inmate of the Missouri State Penitentiary serving a

sentence of twenty-five years for armed robbery. I have

three previous convictions of Dyer Act at the time of the

riot in the Missouri State Penitentiary on September 22nd,

1954. I was confined in Cell 23 of Death Row at 6:50 ©

P.M.” €

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A403

MR. HENNELLY: That is the part you are taking out,

aren’t you Judge?

THE COURT: And then it continues on, but I am

taking out that part, the wording, “serving a sentence of

twenty-five year for armed robbery. I have three previ-

ous convictions of Dyer Act.” That is where the end of

that is.

MR. HENNELLY: You are not going to cut it out of

the statement are you?

THE COURT: No, he is going to put a piece of paper

over it and put that on there with scotch tape because you

can see through the scotch tape, to read any of the rest of

it. I think I will state to the Jury that certain parts of it

> are taken out. I don’t want to tell them any reason why

it is out or any of that kind of comment.

MR. HENNELLY: May the record show now that the

Exhibit 16 and [569] 16-1, being in its present form, with

the sections deleted which the Court stated it was order-

ing deleted, that Defendant still objects to its introduction

» for the reasons which I have heretofore stated, that it is

: hearsay, that it was taken in violation of the Constitutional

_ Rights under both the Federal and State Constitutions, and

_ that no proper foundation has been laid for its introduc-

. tion in its present form.

NT OG hi) on a OR: 5 Be TEM, MEE

THE COURT: You are not objecting to the fact we

deleted some of it, that don’t contain the full statement,

because you objected, that is the reason I sustained that

part of the objection.

MR. HENNELLY: I don’t think I can in good con-

fidence do such a thing. ;

THE COURT: The objection to the introduction as

deleted is noted and overruled. Gentlemen of the Jury,

the attorney for the State will now read to you Exhibit 16

and 16-1, and I want to mention to the Jury the fact that

, there is some scotch tape on this Exhibit and a portion of

» it has been ruled out by the Court and that accounts for

4 A404

the scotch tape that is on it. It will be, after it has been

read, it will be passed to you for your inspection, but that

part has not been received in evidence, and only such part

as you can see, and as the Prosecuting Attorney can now

read, are received in evidence for your consideration.

[570] By saying this, the Court isn’t and doesn’t intend

to give to the Exhibit any undue inference or to intimate

what the Court thinks of it. It is evidence in the case and

is received in evidence and is now for your consideration

as it now stands.

Exhibit 16 and 16-1, having been received in evidence

read in words and figures as follows:

James William Stidham September 27, 1954

My name is James William Stidham I am Twenty-five

years of age, I am from Kansas City, Missouri. I am at the

present time an inmate of the Missouri State Penitentiary.

At the time of the riot in the Missouri State Penitentiary

on September 22, 1954, I was confined in Cell 23 in Death

Row. At 6:50 P.M. on the above date I heard very loud

noises, pounding, hollering, etc., and as a result thereof

several rioting prisoners broke in Death Row, and Paul

Kenton unlocked my door whereupon I came out of the cell,

then myself and several other prisoners went to Crayton’s

cell with the purpose of attacking him but he had his door

lock blocked and we could not enter. After we left Cray-

ton’s cell I saw that Donald’s,cell had been open, and some-

one said lets get Donald, so we went in. Besides myself in —

Donald’s cell, I know that Paul Kenton, Laster, Thompson, ~

Linder, were also in the cell. I heard an exchange of words

between two guys referring to each other as Thompson and j

Linder. Kenton held Donald while Laster [571] stabbed

him several times with a ice pick, at the same time I

- slashed at him three or four times around the face and ;

neck with a knife that Kenton gave me when he opened =

——

A405

the door, when Donald fell to the floor Linder and Thomp-

son each said get Donald with the sledge and they pro-

ceeded to hit him with a sledge hammer and crow bar;

During this time someone was holding a flashlight that

| Kenton previously had. When we left the cell Donald was

- lying on his back with his head pointed toward the door.

| The knife I had was a regular kitchen knife about six or

seven inches in length, when I got back upstairs in B Hall,

I threw the knife on the floor near the west end on the

- south side of the building.

PRL. W.E. TJ.CB. RCC. E.O.

_ Exhibit 16

_ LWE

7/18/55

James William Stidham

Page 2

For the remainder of the night I just roamed around

the cell block until the riot ended.

/s/ James William Stidham

September 27, 1954

| 12:35 P.M.

Witnesses:

/s/ Lt. Walter Eitzman

/s/ P.R. Little, Mo. S.H.P.

/s/ Ptn. Elmer Overbeck

/s/ Ptn. Charles Billings

/s/ Pat’n. Thomas Jenneman

/s/ R. C. Caldwell

[572] Exhibit 16-1

LWE

7/18/55

THE COURT: Now Gentlemen, the Exhibit which

has just been read to you, which has been received in evi-

A406

dence, may now be passed among yourselves, and any

Juror that wishes to read it in its entirety may do so. I

had the Prosecuting Attorney read it so that it might save

some time. If you just want to look at it and examine it, or

make any inspection that you wish, why you may do so.

MR. HENNELLY: May the record show that I am

now asking the Court to strike all of that from the record

which counsel read, the reading of the statement, and in-

struct the Jury to disregard it, and declare a mistrial.

THE COURT: Overruled.

MR. RILEY: State rests.

MR. HENNELLY: At the close of the State’s case,

the Defendant moves the Court to instruct the Jury to re-

turn a judgment of acquittal, especially to murder in the

first degree, for the reason that under the evidence in the

case, the State has failed to show that the burden of the

proof, especially with respect to murder in the first degree.

THE COURT: Are you just dictating that into the

record?

MR. HENNELLY: I am Judge, and I am going to

make another one Your Honor, a general motion for a

judgment of acquittal. [573] Comes now the Defendant

at the close of the State’s case, and moves the Court to

instruct the Jury to return a judgment of acquittal.

THE COURT: All right, the motion for reduction of

the crime from first degree is overruled, and the motion

for acquittal is overruled, at the close of the State’s Case.

The record may note that the Defendant objects and ex-

cepts to the ruling of the Court.

And thereafter to-wit: On the same day, the follow-

ing order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 428) Tuesday, July 19th 1955, Regular July 1955 Term

A407

Now at this time, comes the defendant herein, by

- counsel and offers Motion for Acquittal of Murder in the

_ First Degree at the close of State’s Case, which is refused

and overruled. Defendant objects and excepts, and con-

tinues to object and except to the ruling of the court.

And thereafter, to-wit: On the same day, the fol-

lowing order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 428) Tuesday, July 19th, 1955, Regular July 1955

Term . >

Now comes the defendant herein, by counsel and of-

fers [574] Motion for Acquittal which is refused and over-

ruled by the Court. Defendant objects and excepts to the

ruling of the Court, and continues to object and except.

MR. HENNELLY: Let me put on the guy from the

Bureau of Vital Statistics with the Death Certificate, and

I intend to put on the woman from the hospital secondly.

At the time she gets ready to go on, if you have got some

objection to it, I will make an offer of proof, and let me

get rid of her. I take the position that it is admissible,

and that it is a Jury question, notwithstanding the fact

that I submitted it to the Court at first in order for the

Court to determine, and whatever the Court says, of

course, will be done

THE COURT: Call whoever you wish to and I will

rule on them as I come to them.

A408

CLYDE BRIDGER,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Hennelly |

Q. What is your name, please? A. Clyde A. Bridger.

Q. How do you spell your last name, sir? A.

B-r-i-d-g-e-r.

Q. Sir, what is your occupation, or profession? A.

State Registrar of Vital Statistics.

[575] Q. And how long have you been in that po-

sition, sir? A. Six years.

Q. And what are your duties in that position? A.

To file the original records, birth records, stillbirths or

death, permanent records.

Q. Have you a subpoena duces tecum which His

Honor issued to produce in His Honor’s Court the offi-

cial records with respect to the Death Certificate of one

Walter Lee Donnell? A. I have.

Q. Is it with you now at this time? A. It is.

Q. Mark it Exhibit F.

Reporter marked Exhibit F, a Death Certificate.

Q. Let me ask you this, when were you served with

a subpoena in this case? A. On the morning of July 14th.

Q. On the morning of July 14th? A. Yes, sir, that

is correct.

Q. I will hand you now what has been marked for

the purpose of identification as Defendant’s Exhibit F,

and I will ask you what that is? A. That is a standard

Certificate of Death of the original Death Certificate.

Q. Of who? A. Walter Lee Donnell.

Q. Are you the keeper of those records, sir? [576]

A. Yes, I am the keeper of that record.

Q. And it is kept in the normal course of business

and under your custody and control,.is that correct? A.

Yes, sir.

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A409

Q. At this time the Defendant will offer into evi-

dence if Your Honor please, Defendant’s Exhibit F.

MR. RILEY: No objection.

THE COURT: Is that, let me ask the witness, is that

an original record, is that the only one that is on file?

A. That is the only original record on file, a dupli-

cate is kept by a local officer under my jurisdiction.

THE COURT: What I was wondering, if there was

something that could be agreed upon, as a photostat that

could be substituted for the original.

MR. RILEY: Isn’t this a photostat? A. This is the

original.

MR. HENNELLY: He can send a photostat down.

A. I can supply a photostat Your Honor, I can sup-

ply a photostat in any quantity that you need.

THE COURT: Could we keep this until tomorrow?

A. No.

THE COURT: There is a man here who can photo-

stat it. I thought you had it there.

MR. HENNELLY: This has been changed Your

Honor.

A. No, this is the one before it was changed.

(577] THE COURT: .Here is a photostatic copy with

your certificate on it.

A. Yes, sir, that is correct. Let me look at it one

minute and see if everything I have got here is clearly—

THE COURT: Do you want to compare it?

MR. HENNELLY: Yes, I would like to.

‘THE COURT: Can it, inasmuch as the witness has

identified the photostat, can it be agreed that same be

marked Exhibit FF, and used for the purposes of the ex-

hibits of the original in this case?

MR. RILEY: Yes.

T

THE COURT: Inasmuch as Exhibit F is a part of

the permanent files of the State of Missouri.

Reporter marked Exhibit FF, photostat of Exhibit F.

Reporter marked Exhibit G, Death Certificate.

Q. Now, I want you to refer, if you will sir, to State’s

Exhibit FF, which may the record reflect FF, as well as

F has been accepted in evidence?

' ‘THE COURT: He is looking at both of them and we

are going to use Exhibit FF, for the purpose of introduc-

tion in this case.

MR. HENNELLY: Now, referring to State’s Exhibit

FF, can you tell me when that was originally filed?

A. Yes, sir, originally filed in my office on Septem-

ber 27th, 1954.

[578] Q. Now, was that Exhibit later amended? A.

Yes, sir, it was.

Q. And when was it amended? A. On July 15, 1955.

Q. Would you, could you identify the record as it

existed, a photostatic copy of the record as it existed

prior to the time that it was amended? A. Yes, sir, |

can

A410

Q. I will hand you what has been marked for the

purpose of identification, as Defendant’s Exhibit G, and

I will ask you whether or not that is the—or was the of-

ficial record prior to the time that it was amended? A.

This is a certified photostatic copy of the original record

before it was amended.

Q. Was that record kept in the normal course of

business? A. Yes, sir, the original was. .

Q. And under your custody and control? A. Yes,

sir.

Q. You will certify that was the original record at

the time you were served with a subpoena duces tecum

on September 14th? A. Yes, sir.

—————_—___

A411

Q. I will offer this first in evidence, Your Honor.

MR. RILEY: I don’t have any objection.

THE COURT: All right, this may be received in evi-

dence, that [579] is Exhibit'FF, and Exhibit G.

Exhibit FF, having been received in evidence, and

the Reporter not being furnished a photostatic copy of

same at the time of the preparation of this transcript, for

that reason same is not copied into this record.

Exhibit G, having been received in evidence, reads in

words and figures as follows:

THE DIVISION OF HEALTH OF MISSOURI

STANDARD CERTIFICATE OF DEATH

FILED SEP 27 1954 State File No. 30116

Reg. Dist. No. 77 Primary Reg. Dist. No. 3016

Registrar’s No. 251

1. Place of Death

a. County—Cole

b. City—Jefferson City

c. Length of stay (in this place) 3 yrs.

d. Full name of Hospital or Institution—State Peni-

tentiary

2. Usual Residence

a. State—Tennessee

b. County—Unknown

c. City or Town—Brentwooa

d. Street Address—RR+#1

3. Name of Deceased—Walter Lee Donnell

4. Date of Death—September 22, 1954

5. Sex—Male

6. Color or race—white

7. Married.

8. Date of birth—February 20, 1924

9. Age— 30 7mo. 2days.

10. Usual occupation—truck driver

10b. Kind of business—unknown

[580] 11. Birthplace—unknown

12. Citizen of what country—U:S.

13a. Father’s name—unknown

13b. Mother’s maiden name—unknown

14. Name of husband or wife—(wife) Margaret L. Donnell

15. Was deceased ever in U. S. Armed Forces? Unknown

16. Social Security No.—Unknown

17. Informant name—State Penitentiary Hospital Records

18. Cause of Death

1. Disease or condition directly leading to Death—

By bullet wounds of gun in unknown hands

19b. Major findings of operation - - - E981x |

22. I hereby certify that I attended the deceased from

19........, to , 19........, that

I last saw the deceased alive on , 19........

and that death occurred at ? P.M. from the causes pa

on the date stated above.

23a. Signature—/s/ Ben S. Markway, Sheriff Cole County

23b. Address—Box 426 Jefferson City, Mo.

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A413

+ 23c. Date signed—9-23-54

| 24a. Burial, Cremation, Removal—Removal

24. Date—September 24, 1954

3 24c. Name of cemetery or crematory—National Cemetery

j 24d. Location—Nashville, Tenn.

Date Rec’d by Local Reg.—Sept. 23-1954.

Registrar’s Signature—/s/ R. P. Dorris M.D. N.R.

_ 25. Funeral Director’s Signature—/s/ Sylvester Dulle J.D.,

Mo.

THIS IS A CERTIFIED COPY OF AN ORIGINAL

DOCUMENT

| [581] State of Missouri )

) ss.

City of Jefferson )

I HEREBY CERTIFY that the above is an exact

_ photostatic reproduction of the certificate for the person

named therein as it now appears in the permanent records

of the Department of Public Health & Welfare of Mis-

souri. Witness my hand as State Registrar of Vital Sta-

tistics and the Seal of the Division of Health of said De-

partment this date of July 11, 1955.

/s/ Clyde A. Bridger,

State Registrar of Vital Sta-

tistics

(Seal)

Exhibit G,

LWE

1/19/55

Q. Now, I want you to refer to State’s Exhibit, De-

i fendant’s Exhibit G, and under cause of death, will you

A414

read please what was the cause of death? A. By bullet

wound of gun in unknown hands.

Q. And that is the official record of the Death Cer-

tificate of Walter Lee Donnell? A. At that time, yes.

Q. Now then, if you will please, would you look at

FF and tell us what the amended record shows? A. The

amended record now shows, injuries multiple, extreme

stab wounds in heart and lung, brain, trauma and crush-

ing injury [582] of skull, autopsy, yes. Item 28 reads

homicide. Item 21 reads September 22nd, 1954. Item 21,

by parties unknown.

Q. By parties unknown? A. Yes, sir.

Q. And I will ask you whether or not you didn’t—

strike that. Do you know who it was that caused the

amendment of that record? A. Only by nature of a tele-

phone call.

Q. And did you recognize the voice? A. No. I

presumed that I knew.

Q. Well, I don’t think it would be admissible. I

think it would be hearsay. I have no further questions

at this time.

Cross-Examination by Mr. Riley

Q. Mr. Pritchard— A. My name is Bridger.

Q. Pardon me. Why was the, do you have any infor-

mation there attached to that exhibit showing why the

Death Certificate was changed or amended? A. You

mean the type of evidence that was presented?

Q. Yes. A. It was presented in the form of an af-

fidavit.

Q. And whose affidavit was that? A. Ben S.

Markway, Sheriff of Cole County, Missouri.

[583] Q. Now, who signed the original certificate? A.

Ben S. Markway, Sheriff of Cole County.

A415

4 tobecorrected? A. Yes, sir, it does.

7 . @Q. And only if the party making the Death Certifi-

cate submits an affidavit? A. That has been the cus-

= tom before I ever came there and I have followed it since.

4 Q. Anybody who makes an original certificate and

+ then submits an affidavit under oath, why you permit

* those certificates to be corrected? A. That is correct.

Q. And you make the corrections in your office? A.

+ Yes, sir.

Q. And this certificate here was corrected? A. That

Q. The first certificate shows that, doesn’t show that

© an autopsy was performed, does it? A. May I refer to

Exhibit G?

' Q Yes, Exhibit G. A. No.

. Q. The second certificate as corrected, shows that

+ an autopsy was performed? A. FF does show such.

[584] Q. That is all.

Redirect Examination by Mr. Hennelly

Q. You testified last week in the Kenton case, didn’t

you? A. I did not.

: Q. Was the record seen in the Kenton case, to your

_ knowledge? A. No.

Q. It was not? A. Not the original record.

Q. Was the photostatic copy sent? A. Yes, I am

pretty sure it was.

Q.’ The photostatic copy was sent? A. I think so.

Q. And after that time, ihe record was changed,

isn’t that correct? A. That is my understanding. Let

me put it that way.

Q. No further questions.

MR. RILEY: That is all.

PEERLESS Par S

Q. And does your office permit Death Certificates

A416

THE COURT: These have been received in evi- —

dence. Do you wish to show them to the Jury?

MR. HENNELLY: May they be passed to the Jury’

THE COURT: Yes.

MR. HENNELLY: I have no further questions.

MR. RILEY: That is all.

THE COURT: (Out of the hearing of the Jury)

The record can show that we have been discussing here

for a moment the [585] matter of the reception or the

introduction into evidence of the record of State Hospital

No. 1, which has been previously testified to by the wit-

ness, Mrs. Alma Miller. The file folder was marked as

Exhibit B, as an exhibit for the Defendant, and another

portion thereof was marked Exhibit C, and Exhibit C-1,

being two pages of the same report, and which is enti-

tled, Re: James Creighton, C-r-e-i-g-h-t-o-n No. W4266,

April 14, 1954, and starts out, Social Data, and Exhibit

B, a part of said file entitled, Confidential: For Profes-

sional Use Only. This Exhibit, together with Exhibits |

14 and 15; letters from said file have previously been —

identified by the aforesaid witness as part of the record

of the file of James Creighton, in the Missouri State Hos-

pital No. 1 at Fulton, Missouri. And the Court has sug- —

gested and intimated his feeling that these records are

subject to objection and should not be received in evi- |

dence, and is suggesting to counsel that inasmuch as they _

have already been identified, all that would be necessary —

at this time would be merely the offering of these Exhib- |

its into evidence by counsel. That the only purpose of —

calling Mrs. Miller to the stand would be to identify, and —

just merely reiterate what she has already testified to. 4

Now, I think the record should further show that if coun- —

sel for the Defendant accepts this method of offering that ~

he has not and is not waiving any of his right relative to |

the offering of this Exhibit, by [586] not reputting this |

_ a ee Re TAOS AN eS eT ae eS

Sis idl GD ag Sates tai A i a hl Sp RAL Se 2 Sg EGG OS ted Ce Secgltpl ced ecb tega Papa Bisnis pats i

A417

® witness on the stand, and certainly I don’t want to pre-

clude you from calling her to the stand and making an

effort to identify them, but it seems to me like it would

be just a waste of time to further identify what she has

already identified. If you will just make your offer and

then the State can make their objection, and then the

Court can rule upon those objections.

MR. HENNELLY: Defendant offers into evidence,

and I might say that the Court has already accepted into

evidence only for the purpose of passing upon the origi-

nal—

THE COURT: The question of the competence of

the witness Creighton to testify.

MR. HENNELLY: That is right, and the Court in-

dicated to counsel that if counsel wanted to submit them

at a later time, that counsel would have to re-submit

them.

THE COURT: Re-offer them.

MR. HENNELLY: Re-offer them. If I want to read

them to the Jury.

THE COURT: And I believe that photostatic copies

of these may be sent down by this witness to take the

place of those exhibits in the record, in the event that the

record is transcribed.

MR. HENNELLY: Yes, under those circumstances,

the Defendant will offer into evidence, Defendant’s Ex-

hibits C and C-1, and Exhibit D, Defendant’s Exhibit D!

[587] MR. RILEY: At this time the State objects to

= the introduction of Exhibits C and C-1, for the reason

+ that the witness who has identified this has stated that

% she does not know who prepared this Exhibit, or in what

| 4 manner it was prepared, and for the further reason that

it is hearsay and for the further reason that it doesn’t

q prove or disprove any issues in this case, and for the

further reason that it contains opinions and conclusions

~

of unknown parties. That is all. State objects to the

introduction of Exhibit D, Defendant's Exhibit D, for the

same reason.

THE COURT: All right, the objection will be sus-

tained.

MR. HENNELLY: Very well, Your Honor.

MR. RILEY: In order that the record will be com-

plete on behalf of the State, I offer Exhibits 14 and 15.

THE COURT: They are already in evidence, as far

as the transcript of the record is concerned, and need not

be recopied. They are not before the Jury. And so they

will be available for the Court upon appeal if the matter

is appealed, to look at and determine. You can exclude

them from the transcript Mr. Ehlers, since they are al-

ready a part of the record, and photostatic copies can be

supplied.

MR. RILEY: I expect you are making the same rul-

ing on my offer as you made on his?

THE COURT: Iam not going to receive them.) Well,

maybe I ought to let you make an objection, if you want

to make one.

[588] MR. HENNELLY: Excuse me, I am put in a

ridiculous position.

THE COURT: Let me say this, with the evidence,

without an objection, the record may show that the Court

will not permit Exhibits 14 and 15 to be read to the Jury,

but they are in the record as far as the transcript is con-

cerned, so they may be considered in connection with all

of these questions in passing upon its admissibility into

evidence by the Court on Appeal.

THE COURT: Gentlemen of the Jury, as I men-

tioned to you, I don’t know if it was this morning or yes-

terday evening, in a trial of this type, there are various

matters that have to be considered by the Court out of

the hearing and in the presence of the Jury, relative to .

A418

A419

admissibility or inadmissibility of evidence and testimony

in the case. You have to be very patient and have had

to be on two occasions today at least when matters had

to be taken up, and first you were excluded from the Jury

Room, and then just this evening when we had some mat-

ters to take up which we could take up here outside of

your hearing, without having to send you out of the Court

Room. I have also during this little lull in the proceed-

| ings, as far as the Jury is concerned, but we were pass-

'ing upon a legal matter here, and I have inquired of

counsel as to the further witnesses that will be used, and the

;

| possibility of using further witnesses and I have determined

' from what information that has been [589] given me,

- that it would be impossible for us to complete all of the

testimony in this case tonight. And in other words, to

_ go to the final conclusion of the case. You see after all

the testimony has been received, you still have to have

the instructions of the Court and the argument of coun-

sel, and so it would be impossible and it would be wrong

: from a physical standpoint for everybody concerned, to

try to continue on with this case this evening. So we are

going to recess again for the evening, and I feel confident

that this case will probably be concluded sometime to-

-morrow morning or shortly afternoon tomorrow. During

the recess again tonight, you are instructed not to become

separated from each other or permit anybody ® talk to

you about it, or discuss it with you. You will be in the

custody of the Sheriff for the evening, and arrangements

have been continued for your rooms down at the hotel,

and any needs\that you have, you can contact the Sheriff

relative to those and he will see if they can be met for

you. So with that, the Court will be in recess until to-

morrow morning at nine o’clock, and all witnesses that

are here are ordered back at that time.

A420

And thereafter, to-wit: On the same day, the fol-

lowing order was entered of record:

[590] Circuit Court Record, Butler County, Missouri ( Book

62, page 428) Tuesday, July 19th, 1955, Regular July 1955

Term

Now at this time, trial in this cause is recessed for

the Evening Recess and the Jury is placed, by the Court,

in the custody of the Sheriff of Butler County, Missouri,

and it is ordered by the Court that this cause be laid over

to July 20th, 1955.

And thereafter, to-wit: On the 20th day of July,

1955, the following order was entered of record:

Circuit Court Record, Butler County, Missouri (Book 62,

page 429) Wednesday, July 20th, 1955, Regular July 1955

Term

Now on this day, again comes the parties herein, the

Prosecuting Attorney of Cole County for the State, and

the defendant herein, in person and by counsel, Mark

Murray Hennelly, and also comes again the jury herein

impaneled and sworn to try this cause. Whereupon, the

trial is resumed in this cause, after night recess, and

progresses in the hearing of the evidence to the conclu-

sion thereof.

JAMES WILLIAM STIDHAM,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Hennelley

Q. What is your name, please? [591] A. James Wil-

liam Stidham.

Q. Mr. Stidham, when were you born? A. Febru-

ary 2nd, 1926.

Q. Have you got a birth certificate with you? A.

Yes, I do have.

A421

Q. Mark this Defendant’s Exhibit H.

Reporter marked Exhibit H, birth certificate of James

William Stidham.

Q. We offer this in evidence, if Your Honor please.

THE COURT: All right, there being no objection,

it may be received in evidence.

Exhibit H, having been received in evidence, reads

in words and figures as follows:

JEFFERSON COUNTY BOARD OF HEALTH

BUREAU OF RECORDS AND VITAL STATISTICS

Birmingham, Alabama

CERTIFIED COPY OF BIRTH RECORD

Full name of Child—James William Stidham—File No.

879 Bm

Color or Race—White Sex—Male Date of Birth—Feb.

2, 1926

Place of Birth—8509 Walker Ave., Birmingham, Alabama.

Usual Residence of Mother—Same |

Father of Child—William Sylvester Stidham

Birthplace—Texas

Mother of Child—Opal Hughes Birthplace—Mississippi

Physician or Midwife in Attendance—J. C. Smith, M. D.

[592]Date Certificate Filed—February 1926

STATE OF ALABAMA )

)

JEFFERSON COUNTY )

I hereby certify that the above is a true and correct

abstract of information contained in the original birth

certificate as filed and permanently recorded in the Bu-

reau of Vital Statistics, Jefferson County Board of Health,

Birmingham, Alabama, and is issued under the provisions

A422

of Section 42, Title 22, State Code of Alabama, 1940, as

amended.

/s/ Geo. A. Denison, M. D.

Health Officer.

By: /s/ Geo. V. Fruss,

(Seal) Registrar of Vital Statistics.

Date of Issue—January 18, 1955.

Exhibit H

LWE

7/20/55

Q. So that Mr. Stidham, how old were you then on

the night of September 22nd, 1954? A. I was twenty-

eight years old. —

Q. Twenty-eight? A. Yes, sir.

Q. Now then, I am going to ask you, refer you, if

you will, to State’s Exhibit 1, which is the plat to your

rear, and indicate to the Court and Jury where you were

celling at that time? [593] A. At that time, I was in the

cell next door to the shower.

Q. What was the number of your cell? A. I don't

know the number of the cell.

Q. I see. You were next to the shower though?

A. Yes. .

Q. Which direction were you from Creighton? A.

I was west from there.

Q. Now, can you indicate where Creighton was? A.

I was never at his cell. I only know he was in an east-

ward direction from me.

Q. Now, point which way you mean, eastward? A.

That direction.

Q. Down at that end? A. Yes, sir.

Q. Now then, I am going to ask you, did you at any-

time—strike that. On the night of September 22nd, 1954,

A423

did anything, did you hear any unusual noises or hear

anything unusual? A. Yes, sir, I did.

Q. Approximately what time did that begin? A. I

would say around six-thirty.

Q. Now, I am going to ask you Mr. Stidham, at any

time after six-thirty, did you tell Mr. Donnell that if you

got out, you were going to kill him? A. No, sir, I did

not.

[594] Q. Did Mr. Donnell say anything, did you

hear him say anything after six-thirty on that night? A.

Yes, sir, I did. . °

Q. What did he say? A. He was talking up and

down the walk saying that he was afraid of some guys

in St. Louis who were intending to kill him.

MR. RILEY: Ask that that be stricken out, purely

hearsay, what Donnell said.

THE COURT: This is the Defendant and Donnell is

the party alleged to be deceased, the objection will be

overruled.

Q. Now then, I will ask you, did you tell Mr. Creigh-

ton that you were going to kill him that night? A. No,

sir, I didn’t.

Q. Did you at anytime while you were in Death

Row, tell Creighton you were going to kill him? A. No,

sir, I didn’t.

Q. Did Mr. Creighton, can you tell His Honor and

this jury what Mr. Creighton said, anything he said to

you during those times? A. Yes, sir, on numerous oc-

Q. What did he do? A. He threatened to kill me

and threatened to kill practically everybody in Death Row

at different times.

MR. RILEY: Now, if the Court please, we object to

what he [595] said to everybody else. I don’t mind what

he said to this man.

A424

THE COURT: The way in which that answer came,

and the scope of it, I think the last part of the answer may

be stricken at this time. Now the witness may testify

what Creighton told him, because Creighton has testified.

Q. Well, did you hear Mr. Creighton say anything in

such a tone of voice that you could hear him from the

time you were in Death Row up to the night of September

22nd? A. Yes, sir, I did, several times he said that

he would kill two others—two other guys while he was

in the Penitentiary and he intended to kill me at the same

time.

MR. RILEY: This is not what he said to this Defend-

ant Your Honor.

A. Yes, sir, he said that to me.

THE COURT: No he testified that is what he heard

Creighton say at this time, 6:30. Go ahead

Q. All right, I am going to ask you on the night in

question, which is September 22nd, 1954, at the time that

you heard these unusual noises, did anybody by the name

of DeLapp hol) ar hack to you, and holler, “Slick, we are

coming in tc get you wt”? A. There was so much noise

threughout the prison that I cannot say, because I don’t

know his voice, in fact 1 only knew him on sight.

[596] Q. Let me ask you this, did you have any con-

versation, you directly, from your cell, to anybody who

was up in front knocking on any of those doors? A. No,

sir, it was impossible on account of the noise.

Q. Now then, I am going to ask you sir, did you get

out of your cell that night? A. Yes, sir, I did.

Q. Tell us what time approximately you got out of

your cell? A. I would say around eight o’clock.

Q. And do you know who let you out of your cell?

A. I don’t know, but some colored fellow, I think his name

was Ford.

A425

Q. And what did you do when you got out of your

cell? A. I went upstairs.

Q. Who did you go upstairs with? A. Don Lyons

and Bill Crabtree.

Q. Now, when you say you went upstairs, did you

leave this section in B basement? A. Yes, sir, I went

directly upstairs from here, which would be B Hall.

Q. All right. And did you, were you joined by any-

body else at anytime? A. Yes, sir.

Q. And by whom were you joined? [597] A. Red.

Q. And what is his name, what is his name, if you

know? A. I don’t know his first name.

Q. And where did you spend the rest of that night?

A. It was in a cell that belonged to Don Lyons and

Crabtree.

Q. And what were you doing in there? A. Listen-

ing to the radio and drinking coffee.

Q. I am going to ask you Mr. Stidham, did you make

any, did you go into Mr. Donnell’s cell on the night in

question? A. No, sir, I did not.

Q. Did you kill Mr. Donnell, or did you slash him

or cut him with a knife or anything on the night in ques-

tion? A. No, sir, I ama thief, but I am not a murderer.

Q. Now then, let me ask you this, were you ques-

tioned by the police after that time? A. Yes, sir, I was.

Q. How many times after that were you questioned?

A. The first time was shortly after midnight on Sep-

tember 24th.

Q. Who questioned you then? A. Members of the

State Highway Patrol.

Q. Where? A. At the classification room at the

Q. I am going to show you what has been accepted

by His Honor, as evidence in this Court, as State’s Ex-

A426

hibit 11, and [598] ask you if that is the classification

room? A. That appears to be.

Q. Is that where you were questioned? A. Yes, sir.

Q. Now, did this questioning, did they question you

concerning the death of Walter Lee Donnell? A. Yes,

sir.

Q. What did you tell them at that time? A. They

asked me if I knew Donnell and that is the Trooper asked

me that, and I told them that only on sight, and they

asked me if I knew who killed him, and I told them no,

and they asked if I participated in it, and I told them no.

They made several threats to me trying to make me say

that I did know who killed him, and I didn’t know, and

I couldn’t say, and they also questioned me about dif-

ferent parts of the riot, which I didn’t know anything

about and couldn’t have known anything about.

Q. Now then, how long did you stay in the classifi-

cation room on that occasion? A. Probably an hour

and a half.

Q. Now, when they got through questioning you in

the classification room at this time, where did they take

you? A. Near the end of that interrogation, I offered te

take a lie detector test, and truth serum and show them

that I was completely innocent of this crime, and that

ended the [599] interrogation, and I was taken to my

regular cell.

Q. You went back to your regular cell? A. Yes.

Q. Nobody struck you or did anything to you at that

time? A. No, sir. P

Q. So you were taken back to your regular cell? A

Yes, sir.

Q. Now, were you questioned at anytime after that

Mr. Stidham? A. Yes, sir, I was.

ail

Q. How many times after that were you questioned?

A. The next time I was taken out of my cell, I believe

it was on the 26th.

Q. And where were you questioned then? A. In the

same room.

Q. Who questioned you there? A. Members of the

Patrol.

Q. And for how long were you questioned? A. It

was around an hour.

Q. And you continued to deny that you had anything

todo with the murder? A. Yes, sir, I did.

Q. Now then, I will ask you, were you questioned at

any other time Mr. Stidham? A. Yes, sir, I was.

[600] Q. Tell His Honor how many other times you

were questioned by either the State Highway Patrol or by

members of the St. Louis Police Department? A. They

used to stop in front of my cell during the rounds and ask

questions concerning the murder of Donnell, and each time

I would deny it.

MR. RILEY: I wish that the witness would speak up.

A. Each time I advised them that I didn’t know any-

thing about the crime.

Q. Now then, were you on September 27th, were you

questioned? A. Yes, sir, I was.

Q. And I will ask you Mr. Stidham, where did you,

where were you celling on September 27th? A. I was in

Death Row. .

Q. Still in your same old cell? A. Still in the same

cell. ;

Q. And I am going to ask you sir, who came and got

you? A. There was a State Trooper and a St. Louis

Policeman.

Q. Now, what happened when they came to your cell

for you? A. They came to my cell around ten o’clock in

the morning and said let’s go, and I stepped to the door,

A427

A428

and one of the Policemen told me to pull off the watch, or

they probably would break it, or mess it up some way, so

I taken my watch off and gave it to the trusty. Then my

hands were cuffed behind me and I was taken in front of

B and C Hall, and placed [601] in a Patrol car and driven

down to what is known as the athletic shed, or field house.

Q. Now then, were you questioned in the athletic

shack sir? A. Yes, sir, I was.

Q. Tell us what happened as soon as you got in there.

A. As soon as I went in there, there was a stool chair

sitting on the floor, and I was placed in this chair and as

soon as I was placed in there, some officer got in front of

me and put handcuffs on my ankles and put a belt around

my ankles, and something that locked, like a GI Belt, and

at the same time they were taking the cuffs off of my hands

and putting a heavy~Coat on me, and then cuffed them,

handcuffed them, and a belt on my arms behind me.

Q. Did they rehandcuff your arms behind you? A.

Yes, sir.

Q. Now, what happened then, sir? <A. Lieutenant

Eitzman, I didn’t know his name at that time, but I learned

his name, he asked me to tell everything that I knew about

the riot and what happened on Death Row the night of the

riot. I told him that I didn’t participate in the riot and I

didn’t know what happened on Death Row the night of the

riot.

Q. Did he ask you if you had anything to do with the

death of Walter Lee Donnell? [602] A. Yes, sir, he did

Q. What did you tell him? A. I told him I abso-

lutely didn’t.

Q. All right. And for how long did you continue to

deny it sir? A. Well, I told the officers that I had been

interrogated several times prior to that time, and that each

time I had told them I didn’t know anything about the

murder or about the riot, and I told Lieutenant Eitzman

A429

I was willing to take a lie detector test and truth serum

test to show that I was completely innocent of the crime

that he was asking me about, and at that time, Lieutenant

Eitzman said, give him the lie detector test, and they had

a rope on my handcuffs and they elevated me off of the

floor and suspended me in the air.

Q. Now, at that time, approximately how many

inches off of the ground were your feet? A.’ I would say

between six inches and a foot.

Q. All right. Now, how long did you remain in that

position? A. Around fifteen minutes the first time.

Q. Did they continue to question you while you were

in that position? A. Yes, sir, they did. They didn’t ques-

tion me, they accused me.

[603] Q. All right. Did you at that time tell them

that you had anything to do with the death of Walter Lee

Donnell? A. I told them I was completely innocent of it,

and didn’t know anything about the riot.

Q. Did they cut you down? A. Yes, sir, after about

fifteen minutes.

Q. Then what happened? A. I was taken over to a

table and they talked to me and asked me to write a state-

ment that they would dictate concerning the murder.

. Q. How many times were you hanging there sir, did

they put you back up again the second time? A. Yes,

when I refused to sign the statement.

Q. Then how long did you hang there on the second

occasion? A. It was quite sometime. I lost consciousness

twice while I was hanging there on the second occasion,

and near the end though, I heard one of the officers say

that I had been up there thirty-five minutes, and during

this time I knew that my hand and left arm had become

paralyzed and numb.

A430

Q. Now, did they do anything else to you besides that

sir? A. Yes, sir, they did while I was hanging there, they

took something like a stick, a ballbat, and I was beaten in

front and beat on the body with that.

[604] Q. Now, after you had been up there thirty-five

minutes sir, did you, were you taken down the second time?

A. Yes, I was.

Q. What happened then? A. I was in real great

pain, and I could no longer resist the torture.

Q. So what happened? A. And I agreed to write

whatever they would dictate.

Q. All right. Now, I am going to show you what has

been introduced into evidence as State’s Exhibits 16 and

16-1, and ask you if that is the statement that you wrote?

A. It appears to be, yes, sir.

Q. And this is your signature on it, isn’t it? A. Yes,

sir, it is.

Q. All right. Now then, this statement starts out,

My name is James William Stidham, and I am twenty-five

years of age. Now, as a matter of fact, how old were you

that night sir? A. I was twenty-eight years old.

Q. Now, who told you to put down twenty-five years

of age? A. The policemen.

Q. And do you know which one of the officers was

dictating to you? A. Sergeant Little of the Highway

Patrol.

Q. Allright. Now, with respect to this section of the

[605] statement that Paul Kenton, Laster, Thompson,

Linder were also in the cell, now did you see any of those

men around there sir? A. I wasn’t around the cell myself,

so I couldn’t have seen any of them.

Q. What about, did you, did somebody tell you to

write down two guys referring to each other as Thompson

and Linder? A. Yes, sir, the St. Louis Policemen said

write those guys down, because they knew they was im-

A431

plicated in the crime, and those guys, Donnell testified

against both guys.

Q. You know which St. Louis Police Officer told you

that? A. No, sir, I don’t, because I do not know who

they were, but I do know that it was a St. Louis Police

Officer. I believe it was Overbeck.

Q. Isee. Now then, I am going to ask you Mr. Stid-

ham, after you got finished signing that statement, I am

going to ask you if you told any of those Police Officers

there that the reason you killed Donnell, was because he

had snitched on some friends of yours? A. No, sir.

Q. Well, had he snitched on any friends of yours?

A. Not that I know of. I didn’t know the guy except when

I seen him in Death Row.

Q. All right. And did you tell him that you wanted

to kill Creighton and that you would kill Creighton again?

[606] A. No, sir, I didn’t.

Q. All right. A. I told them that Creighton was

always acting like a raving maniac on Death Row, and

would sometimes go berserk and out of his head and rage

for hours at a time, threatening to kill me and other guys

around there, and that he had been in an argument and

he said he had killed two other guys and I will kill you

too.

Q. Now then, when you got finished signing this

statement, what did they do with you? A. Well, they in-

structed me that under no circumstances was I to ever re-

veal the torture and the hanging that I went through in the

field house, because it would cause an F.B.I. investigation,

and might cause them some trouble if I did, and that they

would have a chance to get me later, or get to me later or

something, and they said, made some kind of a comment

about showing us hoosiers something, a policeman made

a comment.

A432

Q. I will ask you this sir, were you taken back to

your cell on this occasion? A. No, sir, I wasn’t.

Q. Where did they take you to this time? A. What

is known as O Hall.

Q. And what was the, can you give us some descrip-

tion of that cell sir? A. Yes, it was just a bare floor, a

small cell with nothing [607] in it.

Q. And how long did you remain in that cell? A. |

went in that cell on Monday and was taken out Wednes-

day morning I believe.

Q. Did anybody visit you? A. No, sir. Somebody

attempted to visit me.

Q. Who attempted to visit you? A. The Priest at

the prison.

Q. TheChaplain up at the Prison? A. Yes, sir.

Q. Did they permit him to visit you? A. No, sir.

MR. RILEY: Just a minute, wait until I object. |

object to this unless this witness knows of his own know!l-

edge or saw that they did not permit him to visit him.

THE COURT: Yes, that can be answered, you can

answer that if you saw or actually know.

A. Iknow of my own knowledge.

MR. RILEY: You mean you know from an opinion

that you have?

A. No, sir, I know of it of my own knowledge.

THE COURT: He may testify what he knows of his

own knowledge.

Q. Tell us the circumstances under which you know

that of your own knowledge, that the Chaplain tried to

visit you. A. The Chaplain came to the door and shook

the door and said [608] he wanted in, and there was sev-

eral officers outside of the cell in the hallway, and they

got in a huddle near my door, and said that is the Priest

and these guys are beaten up too bad to let the Priest in

to see them, and they refused to let him in.

A433

Q. Now then, let me ask you this sir, did you leave

the Penitentiary at anytime after that? A. Yes, I did.

I left on September 29th, Wednesday morning.

Q. Where did you go? A. I went to the Cole County

Court House.

Q. Let me ask you this, did you, were you taken at

any time to a hospital? A. Yes, sir, I was taken to the U. S.

Medical Center at Springfield, Missouri.

Q. And did you talk to some doctors down there?

A. Yes, sir, I talked to at least two of them.

Q. Did you tell them what had happened to you?

A. Yes, sir, I told the doctors that I had been hanging

up by my arms and at that time my left hand and arm

was stiff, paralyzed, and my fingers drawn up in that

shape where I couldn’t straighten them out, and I didn’t

have any strength in my left hand, and I told the doctors

that.

Q. No further questions.

Cross-Examination by Mr. Riley

Q. Stidham, you say that you were twenty-eight

years Old in [609] September of 1954? A. Yes, sir.

Q. I will ask you if on September 29th or September

30th, 1954, if you didn’t tell the authorities at the Spring-

field Federal Penitentiary that you were thirty-four years

old? A. No, sir, I didn’t. I said my age wasn’t asked at

Springfield.

Q. If their records say that you were thirty-fout

years of age on that date, are they wrong?

MR. HENNELLY: Object to that, that is argumenta-

tive.

A. They didn’t ask my age.

THE COURT: Sustained.

Q. How long were you in O Hall? A. From Mon-

day until Wednesday.

A434

Q. I will ask you if you didn’t testify—what time

Monday? A. Around noon.

Q. Until what time Wednesday? A. In the morn-

ing.

Q. What time in the morning? A. About eight or

eight-thirty.

Q. I will ask you if yesterday, on preliminary hear-

ing on this matter, if you didn’t testify that you were put

in O Hall for three days? A. I said it covered a period of

three days, that is Monday, Tuesday and Wednesday.

[610] Q. Well, actually you were there six hours less

than two days, weren’t you? A. Well, if you count it up,

yes, I probably was.

Q. Now, when you were questioned in the classifica-

tion room, how many officers, the first time, how many

officers were there? A. I didn’t count them, but I would

say there was around fifteen.

Q. Now, who were they? A. Well, some of them

I still don’t know their names. Some of them I do know

their names now. .

Q. Who do you recall? A. Lieutenant Barton, State

Highway Patrolman, Sergeant Olin Curtis.

Q. Who is Sergeant Olin Curtis? A. Of the High-

way Patrol.

Q. Whereis hefrom? A. Kansas City.

Q. Heis from Kansas City? A. Yes.

Q. Doyouknow him? A. Upon sight, yes.

Q. Do you know Sergeant Olin Curtis? A. Yes, sir,

Q. And you are sure that Olin Curtis was there in

the classification room on September 24th? [611] A. Yes,

I am because he told those State Highway Patrolmen there

at that time that he didn’t think it would do any good to—

Q. I can’t hear you. A. He told those State High-

way Patrolmen there at that time that he had arrested

me in Kansas City before and interrogated me there.

A435

Q. You are sure that it was Sergeant Olin Curtis

from Kansas City, and you know him personally? A. I

know him upon sight.

Q. Well, I say, I want you to be sure. What time

was that? A. That was about three A.M. in the morning.

Q. Three A.M. in the morning of what day? A.

September 24th.

~ Q. Well, didn’t you just testify just now that it was

after midnight on the 24th? A. Three A.M., I think that

is after midnight. .

Q. No, that would be after midnight on the 23rd. A.

Well, it was:after the 23rd, then.

Q. When you said the 24th, it actually wasn’t the

24th, it was the 23rd, wasn’t it? A. It was after midnight

on the 23rd, yes.

Q. All right. Now, who did the questioning? A.

Lieutenant Barton. He did the majority of it.

Q. Now, I will ask you if yesterday here, you didn’t

say that [612] Olin Curtis did most of it?

MR. HENNELLY:. Excuse me, I am going to object,

if Your Honor please, to the use of any of the material that

was put before the Court in the motion to exclude certain

elements, for the reason that by the very nature of that

testimony, that was testimony for the Court only, for the

purposes of the Court determining whether or not the state-

ment was voluntary, and that it may not subSequently be

used for the purposes of impeachment.

MR. RILEY: It is prior inconsistent statements Your

Honor. .

THE COURT: I think any prior inconsistent state-

ment upon oath is admissible for the purpose of impeach-

ment. I wouldn’t permit the State to merely refer to it for

the purposes of bringing out some things that may not be

pertinent before this Jury, but certainly if there is, or should

appear to be any inconsistency between the statement pre-

A436

viously made under oath, whether in the presence of this

Jury or not, I think they would be admissible for the pur-

pose of impeachment.

MR. HENNELLY: Very well.

THE COURT: The objection will be overruled.

MR. RILEY: I will repeat my question. I will ask

you if yesterday, the testimony here before the Court, if

you didn’t say that Olin Curtis did most of the questioning?

A. I beliewe I said Mr. Riley that he participated in

it.

[613] Q. Didn’t you use the words, most of it? A.

He did participate in that, in that interrogation.

Q. Now, who else was there? A. Lieutenant Barton

of the State Highway Patrol, Sergeant Nash, Sergeant

Little of the Highway Patrol, and Trooper Caldwell and

Inman and Barkley.

Q. Whoelse? A. Some of them I learned the names

later.

Q. Who were they? A. Lieutenant Barton, Nash,

and Inman, Barkley, Caldwell, and Little, and Curtis and

there were several others there.

Q. That is seven, you say there were fifteen? A.

Yes, sir. * ;

Q. Now, you say you learned the— A. Yesterday

I believe I said I learned eight of them.

Q. Who were the, name the eight that you learned

their names later on. A. Barkley, Nash, Inman.

Q. No, I mean of the eight that you haven’t men-

tioned? A. Well, there is one more that I don’t recall

right at the moment.

Q. Whatis that? A. There is one more that I named

yesterday.

Q. Who is that one more? A. I don’t know that now.

[614] Q. You don’t know any of these other eight?

A. Well, I believe that I named eight of them yesterday.

A437

Q. Barton, Caldwell, Barkley, Inman, Nash, Little

and Curtis, seven asI count them. A. Yes, sir.

Q. How big is this classification room? A. I

couldn’t estimate it.

Q. Well, could you show the jury what space in this

room would equal the area of that classification room? A.

I would say that it is as large as the Jury box.

Q. About the size of the Jury box? A. Yes, sir.

Q. And was there a table in there? A. There was,

but it wasn’t in the position at this time.

Q. Where was it? A. It was more or less in the

center of the floor.

Q. Well, how many chairs were in there? A. I don’t

know, some of the officers were sitting and some standing.

Q. How many were sitting and how many were

standing? A. I don’t know.

Q. Now, you say that this room is about the size of

this Jury box? A. I never did have any reason to look it

over real good Mr. Riley, but I would say at this time that

itis about that [615] size.

Q. You have been in that room a number of times,

haven’t you? A. Yes, sir.

Q. I mean you have been in there times other than

when the Patrol took you there, haven’t you? A. I have.

Q. And you tell this Jury that there were fifteen of-

ficers in there, as well as this table? A. Yes, sir. In fact

I seen eighteen ball players in that room.

Q. That would be sixteen, and that room is about as

big as this Jury box? A. I would say it is about that size.

Q. Now, with twleve men sitting in that Jury box,

could you find room to put that table?

MR. HENNELLY: Certainly object to that, that

would be argumentative.

Q. Stidham, you have been convicted of a crime?

A. Yes, sir, I have.

A438

Q. Tell this Jury when and where? A. I was con-

victed April 2nd, 1943, at Memphis, Tennessee.

Q. On April 2nd, 1943, at Memphis, Tennessee, for

stealing an automobile, and where else? First, what sen-

tence did you receive? [616] A. I received three years in

the Reformatory.

Q. Where else, and what other crimes have you been

convicted of? What Court was that Stidham? A. In Fed-

eral Court.

Q. All right. Then convicted of any other crimes?

A. I don’t have any other convictions against me other

than this present one, and the one I just mentioned.

Q. What crime are you convicted of, serving now?

A. Robbery.

Q. What sentence do you have? A. Twenty-five

years.

Q. What County was that from? A. Jasper County.

Q. When was that? A. I received the sentence on

May 28, 1952.

Q. Was that robbery in the first degree with a dan-

gerous and deadly weapon? A. It was robbery, yes, sir.

Q. Now, how many times were you questioned in

your cell? A. The State Troopers and the St. Louis

Police, they were patroling in front of the cell maybe

every hour or every two hours, and on several occasions

they would stop in front of my cell.

Q. Now, who were those troopers? A. They was

just members of the State Highway Patrol and [617] St.

Louis Police.

Q. How many times were you questioned? A. I

would say four or five days time, a day probably, total

number up to twenty-five times in five to eight days.

Q. Now, how long did they question you? A. They

would stop and ask me questions about the crime, and |

would tell them I didn’t know anything about it, and I

certainly knew I wasn’t involved in it.

A439

Q. There were other inmates present at the time

weren't there? A. No, sir, there wasn’t.

Q. You mean you were in Death Row all by yourself?

A. There was one inmate two cells from me.

Q. Who was that? A. That was Rollie Laster.

Q. Where was Ford? A. Ford, he was a few cells

up the line toward the west.

Q. And where was Coffman? A. He was in the

same direction up that way.

Q. And where was Booker? A. He was up near

the west end.

Q. And where was Heaton? A. He was next door

to me.

Q. And where was Reece? [618] A. He was up

on the far west end.

Q. Now, you were next to the shower, weren’t you,

just west of the shower? A. Yes, sir, I was.

Q. Now, if the testimony has been that No. 22 is the

shower, you would have been in 23, is that right? A. If

22 was the shower, I was in 23, yes.

Q. Now, where was Laster? A. He was one cell

east of the shower.

Q. Then he would have been in 21? A. Yes, he

would have.

Q. And who was in 24? A. 24 that would be the

cell next door to me, would be Heaton.

Q. And anybody in 25? A. I believe Hoffman was

in that cell.

Q. Hoffman? A. Yes, sir. -

Q. And 26? A. Ford.

Q. And 27? A. I don’t recall anybody being in that

cell.

Q. All right, twenty-eight? A. I don’t recall any-

body beirig in that cell.

A440

Q. And 29? A. I don’t believe anybody was in that

one either.

{619] Q. 30? A. Booker, I think Booker was in 30

or 31. Se

Q. And 32? A. That was Reece.

Q. Then when these Patrolmen questioned you there

in your cell, there were other inmates all around there,

weren’t there? Heaton was right next to you, just two

feet from you? A. Heaton was next door, yes.

Q. And Rollie Laster was just one cell that separated

you? A. That is correct.

Q. Now, could those two inmates have heard what

the Patrolmen said to you?

MR. HENNELLY: Object to that, being a conclusion

on the part of this witness.

Q. Did he question you in a loud voice?

THE COURT: Sustained.

A. No, sir, it wasn’t Mr. Riley.

Q. Well, they weren’t inside of the cage, they was

in the aisle out here? A. Yes, but they was in a low voice,

they wasn’t what you would call a loud voice. I think

more of a normal tone of conversation would cover it.

Q. Now, you say that, do you know DeLapp? A.

Upon sight only.

Q. And you went up to B Hall, and who were you

with? [620] A. Don Lyons and Bill Crabtree.

Q. And who else? A. Those were the only two that

I went upstairs with. When I got up there, there was

another guy named Reed, he was with us.

Q. And who else? A. Those were the only ones.

Q. All night long? A. Those are the only guys that

I was with during the entire night, yes.

—

Q. Allright. Now, I will ask you if you recall when

the loud speaker was brought in that night? A. No, sir,

I don’t.

Q. You don’t? A. No, sir.

Q. Did you hear a loud speaker? A. Well, I heard

some noise, and there was so many different noises Mr.

Riley. I can’t say whether I heard a loud speaker or not.

Several radios were going.

Q. I will ask you if you weren’t with DeLapp, Hoover

and Laster in B Hall when the loud speaker was brought

in? ’

MR. HENNELLY: Object for the reason that the

time is not sufficiently fixed, and the question is too vague,

indefinite and uncertain, particularly since the witness has

testified that he doesn’t know about the loud speaker.

THE COURT: The witness testified of course who he ~

was with, [621] and the Prosecuting Attorney would have

a right to cross examine him upon that. The objection

will be overruled.

Q. Were you or weren’t you? A. I don’t recall a

loud speaker Mr. Riley.

Q. I am asking you, were you with DeLapp, Laster

and Hoover? A. No, sir.

Q. At no time during that night up in B Hall were

you with those three inmates? A. The only time I seen

DeLapp that night, he was standing on the steps of B and

C Hall. :

Q. And when was that? A. That was when I first

went upstairs. =

Q. And what time was that? A. I don’t know the

exact time, I would say around eight o’clock.

Q. You stayed in the cell all the time? A. My cell?

Q. Whatever cell you went to? A. Part of the time,

yes.

A441

A442

Q. What did you do the rest of the time? A. Well,

about midnight, we stayed there and listened to the radio,

and several news casts were coming over about the riot,

and we drank some coffee.

Q. Whatelse? A. And then—

[622] MR. HENNELLY: Speak loudly, the Reporter

is having difficulty, and he has to write it.

A. Lyons and myself, we walked up and down the

hall of B Hall. |

Q. What hall? A. B Hall.

Q. How long did you walk? A. I don’t know, not

too long, probably an hour.

Q. What else did you do? A. And then we went

back to the cell.

Q. What cell? A. I really don’t have any way of

knowing whose cell, who is up there Mr. Riley.

Q. Well, was it Lyons’ cell? A. I don’t know

whether it was his cell or not. I can’t say to my own knowl-

edge.

Q. Did you stay in that cell the rest of the night?

A. Yes, sir.

Q. Did you see Shaky Dietzel up there that night?

A. No, sir, I didn’t.

Q. Never saw Dietzel? A. No, sir, I didn’t.

Q. I believe you testified that you were hung up by

this rope down in the field house fifteen minutes? A. I

certainly was, yes, sir.

Q. I will ask you if you can stand up here and show

this Jury just how that was done? [623] A. Mr. Riley,

I believe that we could show it better if you would bring

a rope and handcuffs in here and I can demonstrate it.

THE COURT: Can you stand up and show how it

was done, is the question, the position that you were in.

A. I don’t believe I can stand up and show you how

it was done.

A443

Q. You don’t believe you could do it? A. But I think

I can explain the procedure to you from this chair.

Q. I was just wondering if you could show the J ury,

but you don’t think you can do it? A. I was brought in

and I was told to sit in a chair, or seat.

Q. Now, that is, I asked you if you could stand out

here and show this Jury just how you were hung up. A.

My hands and cuffs and belt were behind me.

Q. They were cuffed? A. Yes, sir. And my ankles

were cuffed and the belt and then I was lifted off of the

floor.

Q. Which way? A. I was lifted off of the floor by

a policeman, and after I was so many inches off the floor,

the rope was tied, and what I believe is a web partition

and the rope was tied in there, and I was dangling in mid-

air.

[624] Q. What is a web partition? A. It is, I would

call it a partition that separates the room which we were

in, and another room, but it has those square holes in it,

probably that big a square.

Q. The partition does? A. I believe it does, yes.

Q. Well, what was the rope tied to? A. Well, the

end of the rope was tied into this partition.

-Q. Tied into it? A. I believe it was, yes, sir.

Q. Where was the other end? A. The other end

was on the ceiling.

Q. Now,— A. In some fashion. '

Q. What fashion? A. When I was hanging up in

that position, I didn’t look to the ceiling and I don’t be-

lieve I could have looked at the ceiling if I wanted to.

Q. Now, how long were you down there? A. How

long was I down there?

Q. Altogether? A. Altogether?

Q. Yes. A. In that building?

A444

Q. Yes. A. I don’t know definitely, but I believe

that I went down around ten A.M. in the morning and

left somewhere around 12:30.

Q. And you just hung out in the middle of that

room? [625] A. No, not in the middle of the room.

Q. Well, where was it? A. As you come in the

door it was on the left hand side and near the center of

the room. That is near the center going toward the end.

Q. These Policemen just held you up like that and

tied you, is that right? A. The rope was already tied

on the handcuffs before I was held up. The rope had

already been attached to the handcuffs before they held

me up, and after I was held up off of the floor, they released

me. They released their hold from me, but I remember

one of the officers said let him down real easy, because

if you let him down, let him drop, he will break both arms,

‘and so they eased me down gently.

Q. If you fell on the floor, if they let you down hard

and you fell on the floor, it would have turned your arms

loose, wouldn’t it?

MR. HENNELLY: Object to that as argumentaliv’

A. At that time Mr. Riley—

THE COURT: Overruled.

A. At that time Mr. Riley—well not with the end

of the rope attached to the web partition, no, sir, and also

attached onto my arms.

Q. Well then, you were leaning against the parti-

tion, weren’t [626] you? A. No, sir. However, I was

close enough to the partition where that I could draw

my legs up and touch the partition.

Q. Well, if this rope went through the partition, and

the other end was on your arms, and they raised you

up, wouldn’t you be against the partition? A. No, sir,

I wouldn’t be Mr. Riley, because the way this rope was,

A445

I would say that it was attached to the ceiling probably

eighteen inches from this web partition.

Q. Oh, it was attached to the ceiling? A. Attached

to the ceiling and then connected to the web partition.

Q. And was shere more than one rope down there?

A Oh, I only seen the rope that I was hanging with.

Q. Well, they cut you down after the first fifteen

minutes? A. Yes, they released me after fifteen min-

utes.

Q. What did they use for a rope the second time?

A. The same rope. »

Q. Well, they just cut it? A. I didn’t say they cut

it

Q. Didn’t you say they cut you down? A. I said

they released me.

Q. I will ask you if on direct examination, you didn’t

say they cut you down after fifteen minutes? A. Well,.

they released me after fifteen minutes.

[627] Q. They released you, then they didn’t cut

you down? A. Well, I would express it even like that

Mr. Riley.

Q. What? A. I would even express it that they did

cut me down. That is saying that they released me.

-Q. Now, which arm was paralyzed? A. My left

one. .

Q. Did it injure your right one at all? A. Yes, sir.

Q. What did it do? A. It, my handcuffs, they

slipped down over this heavy coat sleeve, and it scarred it.

Q. Did it scar your right arm? A. Yes, sir.

Q. How big a scar? A. Well, I believe it circled

my wrist.

Q. How long did that scar last? A. That was ten

months ago, it wasn’t a few days.

A446

Q. Well, did you have that scar circling your wrist

when you got to the Springfield Penitentiary? A. Yes,

I did.

Q. Did you show it to them? A. Yes, sir, I did.

But I was mainly concerned about my left hand, because

it was paralyzed and numb. That is the one I talked to

the doctor about mostly.

[628] Q. But did you show them that scar? A. As

I said Mr. Riley, I was mainly concerned with my left

hand, and arm, and my fingers were drawn up.

Q. I didn’t ask you that, I asked you if you showed

them that scar at Springfield, the one that circled your

wrist? A. The one that circled my right wrist?

Q. Yes. A. I believe that I did Mr. Riley.

Q. Well, did you or didn’t you? A. I would say

that I did, yes.

Q. All right. What other scars or bruises did you

have on you? A. I had scars and bruises on my legs.

Q. Now, which leg? A. On both of them, around

my ankles.

Q. Now, where on your legs? A. On the shins and

the ankles.

Q. Have any on your stomach? A. Yes, sir I had

bruises on my stomach.

Q. And all these bruises lasted until you got to Spring-

field? A. Yes, sir, at least I recall soreness.

Q. Well— A. I know that when I would go to bed

at night, I ‘was awful sore all over.

Q. Now, were there any on the upper part of your

legs? A. On the upper part of my legs?

Q. Yes. <A. I don’t recall at this time Mr.

[629] Riley. I would say there were bruises, but

wouldn’t say there were scars there.

Q. Bruises? A. Yes, sir. I know that, that I was

beaten all up and down my legs.

A447

,Q. Were you beaten about your head and face? A.

No sir, I wasn’t.

’ Q. Were you slapped or hit? A. No, sir, I wasn’t,

pe , with the open hand or the fist.

,Q. Were you beaten about your chest or back? A.

Yes.” sir, about my chest and stomach.

. Did you have any bruises on your chest? A, I

don’t know Mr. Riley. The reason I can’t answer that

is beccause when I was hanging in that position, the tor-

2 that was so unbearable, and causing me so much

troutble, that my shoulders and arms, and that made the

seem minor.

,Q. Your Honor, that is not responsive to the ques-

ton. THE COURT: I don’t know, the objection will be

ed, the witness may answer.

(Q. All right. A. I said at that time when I was

ing in that position that the pain in my chest and in

my ,Shoulders and in my arms was so unbearable, that the

licks? that were put on me, that is with the sticks and

club? by the police officers, they really didn’t hurt too

bed: Mr. Riley. I knew it was being done, but the greater

630”! pain was up here from being hung up, and that

kind2 of made the licks seem minor to me, and I just knew

they’ were being inflicted upon me.

,Q. Well, after that, did you have any bruises on

your™ chest? A. Since I don’t recall any, I would say no.

Ther.© W@S some soreness in there though.

,@. Now, what was the condition of your left hand on

the ; morning of September 29th? A. On the morning of

tember 29th, my fingers were drawn up in that fashion

and | I still have one scar here where the cuffs bit into my

d.

~ Q. How big was that scar? A. You can see it your-

self.’ It covers about the size of a nickel I would say.

A448

Q. What part of your arm was it on? A. Right here,

right at the wrist.

Q. Well—

THE COURT: You ie. A. Yes, it is right

here, is where it is.

THE COURT: Below your wrist?

A. Yes, sir.

MR. RILEY: Could you hold your other fingers out?

A. Yes, sir, I could.

Q. Mark this Exhibit 17.

[631] Reporter marked Exhibit 17, a photograph.

Q. Mr. Stidham, I will show you what has been

marked State’s Exhibit No. 17, and do you know jwhat

that is, can you tell what that is?

MR. HENNELLY: Excuse me, before they even do

this, I think even for the purposes of identification, identi-

fying this picture, I think that I will object to that, even

having him identify it, for the reason it is highly prej-

udicial, and the picture itself is prejudicial, and is done to

prejudice this Jury, and it doesn’t tend to prove or dis-

prove any issue in the case, and to even have him identify

it, invites prejudice to this Jury, and against this De-

fendant.

THE COURT: Well, of course any exhibit can be

identified. Your objection will be overruled.

MR. RILEY: (Out of the hearing of the Jury) If

the Court please, if I can identify the whole picture, we

will take @ scissors and slice out him, I want to show, |

want to show his left hand.

THE COURT: When was this taken?

MR. RILEY: September 29, Nine A.M., excuse me,

about eleven A.M.

THE COURT: The objection will be overruled.

MR. HENNELLY: Very well.

A449

MR. HENNELLY: This is for the purpose of identifi-

cation now.

[632] Q. Stidham, do you know what that exhibit

is? A. Yes, sir, it is a picture that was taken I believe in

the Cole County Court House.

Q. That \was taken on the morning of September

29th, just before you went to Springfield? A. I couldn’t

say whether it was on September 29th or not, Mr. Riley,

because they had me in this Court Room on several oc-

casions, and each time there was pictures snapped of us.

Q. You won’t say that was September 29th? A. I

can’t say it for sure, no, sir.

-Q. Then can you tell from this photograph whether

or not it was after you were questioned in the recreation

room and before you went to Springfield, when this photo-

graph was taken? A. Could I tell whether it was?

Q. After— A. Before we appeared in Springfield?

Q. Before you went to Springfield, but after you

were questioned in the athletic room? A. No, sir, I

couldn’t Mr. Riley, because I believe we appeared in that

Court Room, and probably appeared in the same position

here several times within a six day period.

Q. Will you take a look at the Judge on the bench?

A. I believe we appeared before this Judge three times

and probably four. There is another picture that was

taken when [633] we got on the bus. I would recognize it.

THE COURT: Were you taken to the Cole County

Court House prior to the time that you were questioned

on September 27th, 1954, at the field house? A. No, sir,

I wasn’t.

Q. Were you taken there between the 27th, the time

you were questioned, and before you went to Springfield?

A. You mean after the questioning?

A450

Q. Were you taken to the Court House after Sep-

tember 27th, after the questioning, and before you went to

Springfield? A. Yes, sir, I was.

Q. Howmany times? A. One time.

THECOURT: All right, go ahead.

MR. RILEY: I will ask you Mr. Stidham, does your

photograph appear on there?

A. Yes, sir, it does.

Q. And does that photograph include your left hand?

A. Well, it includes the thumb and this finger here, yes.

Q. And you recognize this officer standing here, the

officer standing to your left? A. I recognize him as the

St. Louis Policeman, yes.

Q. And you saw him on the witness stand here yes-

terday, didn’t you? A. Yes, sir, I did.

[634] Q. Officer Billings? A. That is right.

Q. All right, I think that is all. A. There was a

picture taken Mr. Riley of us getting on the bus that shows

a real fine picture of my left hand and in fact it shows

the scars that I had on it.

Q. Who took the picture? A. Well, the photog-

rapher for the Jefferson City newspaper.

Q. Will you mark this Exhibit 18, and will you mark

this Exhibit 19?

Reporter marked Exhibit 18, a letter addressed to Sam \

C. Blair from Mr. Stidham.

Reporter marked Exhibit 19, a letter to Mr. Brede-

man from Mr. Stidham.

Q. Mr. Stidham, I show you what has been marked

Exhibit No. 18, and will ask you if that exhibit is in your

handwriting? A. Yes, sir, that is my handwriting.

Q. And Exhibit No. 19? A. Yes, sir, that is my

handwriting also.

Q. And what day was Exhibit No. 18 written? A.

On December 7th, 1954.

A451

Q. And what day was Exhibit No. 19 written? A.

February 23rd, 1955.

Q. Where were you when you wrote those? A. I

was in Death Row in the Missouri State Penitentiary.

[635] Q. You were in your cell? A. I was in my

cell, yes, sir. :

Q. At this time we offer Exhibit 18 and Exhibit 19,

for the purpose of comparison of handwriting, with Exhibit

16 and 16-1.

MR. HENNELLY: I am going to object to their intro-

duction, and I am going to ask that counsel be repri-

manded for attempting to introduce them, for the reason

that there has been no question raised but what Exhibit

16 and 16-1 is in the Defendant’s handwriting, and the De-

fendant has admitted and stipulated that it is in the hand-

writing, and the only purpose of submitting these exhibits

before this Jury is for the purpose of getting foreign ex-

' traneous material before this J ury; which will bias and

prejudice the rights of this Defendant, and deprive him of

certain Constitutional Rights, totally irrelevant and imma-

terial to any point in issue in the case, and beyond the

“ scope of examination in chief.

THE COURT: The question of his handwriting is not

beyond the examination in chief. He has testified that he

signed this and he has testified as to what happened to

him prior to his signing it. Therefore, anything in con-

nection with his handwriting and the legibility, etc., and

his physical condition would be pertinent to the issues in

the case, and within the scope of his direct examination.

Now, I don’t know what these letters contain.

[636] MR. RILEY: You can, if the Court wants to,

he can cut the matter out of the letter and let them see

the signature.

THE COURT: You can’t cut the material out with-

out cutting the letter out, the writing, and your purpose in

your offer of this is merely for comparing the handwriting.

A452

MR. RILEY: You can cut the Very Truly Yours off

of that and have his signature.

MR. HENNELLY: Object to it because there has

been no question raised, and since this was not written

with the same hand, this man is right handed, and the

injury was to the left hand, he makes no claim that there

was any paralysis to the right hand, he makes no claim

that it is not his signature.

THE COURT: No, but he has testified that he was

hung up there about fifteen minutes and was taken down,

and told to write Exhibit 16 and 16-1, and then they took

him back and hung him up ag: for he didn’t know how

long, but he heard one of the officers say he had been up

there at least thirty-five minutes, and that would be a

total of fifty minutes within a space of from ten to twelve

or twelve-thirty, which included some questions and an-

swers and writing, and that this all took place and then he

was brought down and told what to write and did write

Exhibit 16 and Now, I think it is within the scope of

the examination of this case, that the handwriting would

be pertinent to the issues, [637] and within the scope for

comparison, and the Jury would be entitled to compare it

and see. They have a right to pass upon the credibility

of his testimony.

MR. HENNELLY: I certainly think that the whole

body of those letters—

THE COURT: That is the only thing that has me

confronted, that there may be things in the body of the

letter which can’t be eliminated.

MR. HENNELLY: If the Court lets them see the

signature, that is one thing.

THE COURT: Allright, I am ready to rule on this.

MR. RILEY: If the Court please, I have another one

THE COURT: I think that for the purposes which

this is offered, and because of the fact that there may be

—

A453

matters in the letters which are not pertinent to the issues

in this case, and only for the purpose of comparison of

handwriting, that the Court will permit Exhibit 19—let’s

go to Exhibit 18, that typewritten portion and the address

to whom the letter is directed, which is Sam Blair, rela-

tionship—business, Cole County Court House, City of Jef-

ferson City, December 7, 1954, Dear Judge Blair: Pur-

suant to your suggestion in open Court yesterday, I am

mailing this letter to you—from there on down, it will be

out until the paragraph, Trusting to hear from you in the

near future, I remain,—and what is it, the salutation, Re-

spectfully Yours, James W. [638] Stidham, 65993, B-B.,

will be allowed in evidence, the balance of the two para-

graphs in between what I have just read will be cut out,

and I think a piece of paper can be laid on there.

MR. RILEY: You mean cut this out?

THE COURT: It looks to me like a paper could be

laid across there and just pasted on. Exhibit 19, the type-

written portion at the top and the name to whom addressed,

and the reason for it, and then, Dear Mr. Bredeman:, and

then at the bottom, Trusting to hear from you at an early

date, I am, and Very Truly Yours, James W. Stidham,

65993, those parts may be in, and the two paragraphs after

Mr. Bredeman, the name, and Trusting to hear from you

at an early date, will not be in.

MR. HENNELLY: Let me renew this objection.

THE COURT: All right.

MR. HENNELLY: I am objecting to the use of both

of these exhibits because they are hearsay, and even in the

form which the Court presently suggests that it is going to

permit the Jury to examine them, for the reason that. is,

these are questions which go to expert testimony.’ It is

going to be a matter that is going to confuse the Jury. It is

going to give them a roving commission on matters com-

A454

pletely extraneous, immaterial to any point at issue in the

case.

THE COURT: The objection is overruled.

Exhibit 18, heving been received in evidence, that

[639] portion which was received in evidence, reads in

words and figures as follows:

Missouri State Penitentiary, Box 900, Jefferson City,

Mo, Name—Honorable Sam C. Blair, Relationship—Busi-

ness Street No. Cole County Court House, Jefferson City,

Mi ;

December 7, 1954

Dear Judge Blair:

Pursuant to your suggestion in open Court yesterday,

I am mailing this letter to you.

Trusting to hear from you in the near future, I re-

main,

Respectfully Yours,

/s/ James W. Stidham

65993

B-B.

Exhibit 18

LWE

7/20/55

Exhibit 19, having been received in evidence, that

portion which the Court permitted in evidence, reads in

words and figures as follows:

Missouri State Penitentiary, Box 900, Jefferson City,

Mo. Name—Mr. Louis E. Bredeman Relationship—Busi-

A455

ness Street No.—Cole County Courthouse, Jefferson City,

February 23 - 55

Dear Mr. Bredeman:

[640] Trusting to hear from you at an early date, I am,

Very Truly Yours,

/s/ James W. Stidham

65993

Exhibit 19

LWE

7/20/55

THE COURT: We will take a short recess. Now, will

the people in the Court Room just remain seated where

you are until the Jury passes back through the Court Room

and goes back to the Library Room, because it is a lot

cooler back there.

MR. RILEY: I am going to go back4o State’s Exhibit

No. 18 Stidham, now that is your signature on that exhibit,

isn’t it?

A. Yes, sir, it is Mr. Riley.

_Q. You put it on there? A. Yes, sir, I did.

Q. And the other writing that is shown on there is

your writing too, isn’t it? A. No, sir, not all of it.’

THE COURT: There of course is the exhibit ee

and the notation there of the court file.

A. Other thanthosetwo. _

THE COURT: Exclusive of this exhibit number and

these words, [641] Court File, and the typewriting, is the

balance of it in your handwriting?

A. Yes, sir, it is.

MR. RILEY: Now, Exhibit No. 19, exclusive of the

exhibit marking there and the black ink showing Court

A456

File, and the typewriting, is the rest of it in your hand-

writing?

A. Yes, sir, it is with exception of the date received,

THE COURT: Just circle the Exhibit number and the

received number and the Court File, and do that on the

other one too, and it will be all right. The Court File and

the exhibit number.

MR. RILEY: If the Court please, I would like to pass

these to the Jury along with Exhibits 16 and 16-1.

THE COURT: Is there any reason why you couldn't

go ahead and complete your cross-examination before

those are shown to the Jury?- It is just a matter of time.

I think we could probably save a little more time if we

continued with your cross-examination.

MR. RILEY: Stidham, at the time you say you were

hung up the first time, fifteen minutes?

A. About that time Mr. Riley. ~

Q. And the second time thirty-five minutes? A.

Yes, sir, I make that estimate on what I heard one of the

officers say.

Q. Now, as you were hanging there with your arms

behind you, [642] and ropes tied through the handcuffs,

did you balance, or did you tip? A, Well, I didn’t balance,

no, sir.

Q. Which end of you tipped, your head or your feet?

A. This part of my body up, from my waist up.

Q. That tipped to the ground? A. Yes, sir.

Q. Well, did you fall, did you tip far enough to go to

the ground? A. No, sir. |

Q. Well, I will ask you if you could stand in front of

the Jury and show the Jury what position you were in

after you tipped or tilted?

MR. HENNELLY: Come down in front ofthe Jury

box Mr. Stidham.

A457

A. Well, gradually, as I was hanging with my arms

increasingly raised, and my body was probably bent over

in that fashion. .

Q. That fashion? A. Something like it.

Q. And you didn’t tip all the way over? A. No, sir,

I didn’t.

Q. And after your feet were off the ground, you say

you didn’t tilt or tip, or turn over? A. No, sir. I believe

Mr. Riley, if we had a rope and handcuffs, I believe we

could put it over there, over that door [643] and give a

good demonstration of that.

MR. HENNELLY: It is agreeable to me.

Q. Youcan do it if you want to.

MR, HENNELLY: Get a rope and some handcuffs.

THE COURT: Let’s not proceed further on that until

we discuss it.

MR. HENNELLY: Very well Your Honor.

Q. I believe you testified yesterday that the bruises

were all over your legs? A. Yes, sir, bruises were on

my legs.

Q. Were they all over your legs? A. I know they

were mainly on my shins Mr. Riley, and around my ankles.

Q. Up in O Hall, you and Lyons just walked around?

A. You mean in B Hall?

Q. ImeanB Hall, yes. A. Yes, sir.

Q. Where was Crabtree? A. Since he wasn’t in my

sight at that time, I can’t say.

Q. Did you just testify that you were in the cell with

Lyons and Crabtree? A. Yes, sir, I did.

Q. Where was Reed? A. He was there.

Q. How long did those boys stay with you? A. |

would say until midnight.

[644] Q. You didn’t see Dietzel up there at all? A.

No, sir, I didn’t. This was on the first floor of B Hall.

A458 ,

Q. Did you ever go back downstairs into B basement?

A. No, sir, I didn’t Mr. Riley.

Q. Never did? A. No, sir, I didn’t.

Q. What time did you come out of B Hall? A. You

mean after the riot was over you mean?

Q. Well, what time? A. You mean after the riot

was over?

Q. Yes, whenever you came out? A. That is when

the Troopers came in and taken us out.

Q. What time was that? A. It was around seven

o’clock in the morning.

Q. Now, you say you think it was an inmate by the

name of Ford that let you out? A. Yes, sir, I do.

Q. Well, now, you know Ford well, don’t you? A

No, sir, I don’t know him well Mr. Riley.

Q. Well, how long had you been in Death Row before

September 22nd, 1954? A. Not quite two months.

Q. Not quite two months? A. No, sir

Q. Ford was there all the time, wasn’t he? [645]

A. I believe he was, but he wasn’t in my sight.

Q. Well, how many times have you seen Ford since

then?

MR. HENNELLY: Object if Your Honor please, that

is beyond the scope of the examination in chief, and ir-

relevant and immaterial to any point at issue in the case.

THE COURT: The objection is overruled in view of

the witness’' statement previously to this Court. Over-

ruled. Have you seen him since?

A. Possibly I have, but I frankly don’t recall looking

directly at him since then.

MR. RILEY: He celled in Death Row up to a short

“a , didn’t he? A. Yes, sir, he did

| And you are celling in Death Row, and have been

iennt vember of 54? A. You never get a chance to see

those otter — down there Mr. Riley.

t

)

A459

MR. HENNELLY: Speak up there, this man has to

write everything down.

Q. You— A. You seldom ever get a chance to see

other prisoners down there, unless you stand at your door

all the time and see one come by. When I said I thought

Mr. Ford opened, Charley Ford opened my door, my

door was opened there and there was a lot of excitement

down there, many many men running [646] backward and

forward, and all the lights had been knocked out, and win-

dows had been knocked out, and I didn’t pay too much

attention to who did open my door, but I do believe Ford

did. I know there was a colored guy opened my door.

Q. Now, who did you give your watch to? A. Leon

Wade.

Q. Who? A. Leon Wade.

Q. Does he go by the name of Blue? A. Yes, he does.

Q. Now, did this hanging up, did that hurt your right

arm or your right hand any other way than to scar it, as

you mentioned? A. It made a bruise on there Mr. Riley.

Q. A bruise that went around your wrist? A. Yes,

it went around my wrist. I wouldn’t say that it circled

my entire wrist, but it was around my wrist.

Q. How wide was it? A. I don’t think I could esti-

mate it accurately, but I would say that it was probably

half an inch or maybe a quarter.

Q. How wide are the handcuffs? A. Well, I can’t

say.

Q. But you were able to write with your right hand

after you were hung up? A. Yes, sir, I was able to write.

However, I think I had a [647] lot of dead —— on the

pen when I was writing.

. Well, how soon after you were let down after th

second hanging, which was abput thirty-five minutes, di

you start to write? A. It must have been probably five

minutes or so, because when [ was let down "t second

| | Rta

A460

time, these two fingers here seemed to be in a spasm, like

a spasm, and kind of a nervous spasm, and jumping and

there was some handballs in the shack, in the field house,

and one of the officers gave me one of those handballs to

squeeze in my hand.

Q. Now, you have, don’t you, a large scar on your

left hand? A. I wouldn’t call it a large scar, it is the place

where I had a wart removed.

Q. You mean on the inside? A. On the inside. |

used to catch ball and that is where I had a callous on

there from catching baseball. ~

Q. Isn’t that a large scar there? A. That is what

was a callous, and in fact I always did refer to it as a

callous, and never was cut there or anything.

Q. What is that? A. That right there, that is some

thing I got while I was up in jail.

Q. How long have you had that injury or scar or what-

ever you [648] want to call it, to your left hand? A. Are

you talking about where I had the wart removed?

Q. What? A. Where I had the wart removed?

Q. No, up in the palm of your hand there over your

two little small fingers? A. I never did consider it no

injury Mr. Riley, because the only reason that that got

there, was because I used to catch hard ball, and that made

a callous there.

Q. How long have you had that? A. Probably ten

years.

Q. Did you ever hurt your fingers when you were

catching hard ball? A. No, sir.

: Q. Never did? A. Well, when I say that I never did

hurt them, hime where the injury lasted any length’ of

~ time.

Q. A ball never did hit your fingers at all? A. Che

| tainly it hit my fingers.

i

A461

MR. HENNELLY: Object to that, I think that this is

rond the scope of the examination in chief.

THE COURT: Well, sustained. I think, I don’t think

serene togo eny further in thet.

you 9. I believe that is all.

9] Redirect Examination by Mr. Hennelly

[64: Q. Mr. Stidham, was there anything the matter with

muscles of your left hand prior to the time that you

at into that shack? A. No, sir, my hand and arm was

very good shape at the time I went into that shack.

= You had no paralysis or anything like that to the

- hand, is that right? A. Certainly not.

left Q. No further questions.

MR. RILEY: That is all.

MR. HENNELLY: Step down.

MR. RILEY: May I pass these at this time?

THE COURT: Yes, you may. (Out of the hearing of

Jury) I wonder Mr. Riley, if for the purposes of these

the bits, the Court might mention that the reason they

being passed to the Jury is for the handwriting? I no-

“> one Juror beginning to read both exhibits. It has

eady been around. I don’t know if it would be guilty of

oramenting on the evidence or not. I might just caution

com Jury to read the front of the pages, and just for the

‘pose of comparing the handwriting.

MR. HENNELLY: I think that under these circum-

nees, with 16 and 16-1 going before the Jury, that under

star. circumstances, that it amounts to undue emphasis on

thes section of [650] the testimony, and that is the ex-

One I am afraid that under these circumstances, no mat-

hibi what the intention of anybody is, that we are going to

1 up with putting too much emphasis on Exhibits 16 and

16- Ps It is going to be in effect, a,comment on the evidence.

THE COURT: It is an =o before this Jury. I

could state to the Jury the p for which it is being

| | | \ \

A462

offered, but I don’t want to do it, because it might be a

comment on the evidence. I was merely going to call the

Jury’s attention to the fact that Exhibit 16 and 16-1 has

already been around, and that these would be together,

and only for the purpose of comparing the handwriting, so

that they would just glance at it. That would be the pur-

pose. I will tell you one thing I am going to do Gentlemen,

I want to call these exhibits back here, and they will have

to go together, and I want to call the Jury’s attention to

the fact that Exhibit 16 and 16-1 has already been intro-

duced into evidence, and has been passed before the Jury,

but I want the three exhibits to go down the line together

and not separate. Mr. Ehlers, does your record show that

all of this has taken place outside of the hearing of the

Jury?

MR. EHLERS: Yes.

THE COURT: Very well. The reason the Court

made the statement he did a while ago for the Jury, he

noticed one of the jurors was reading Exhibit 16 and 16-1,

and the Prosecuting [651] Attorney at the time the ex-

hibits were identified, said he was only offering them for

the purpose of comparison, inasmuch as Defendant will

not agree that the Court may state that to the Jury, that

it is only for the purpose of comparison of the handwrit-

ing, and the Court feels that such a statement by the

Court would be a comment on the evidence, the Court

asks that the three exhibits be brought back and then

passed around together. I guess we could have gone ahead

without passing this to the Jury at all. It would have

been a question of argument or that the Jury could see

at the time, of argument, but the Jury has a right to see

the Exhibits, and they were received in evidence, and it is

just a question of saying time. I don’t want to comment

jon the evidence, andj.I didn’t intend to comment on the

evidence. I was just, merely trying to save time, after I

A463

saw one Juror reading over again Exhibit 16 and 16-1.

That Exhibit was read to the Jury by the Prosecuting At-

torney, and then handed to the Jury, and some of the

Jurors even read it as it was handed to the Jury before,

and I didn’t see any point in wasting all of the time of

them reading it over again, and I think they thought it was

probably a new exhibit and was checking it. I don’t know

what they thought. That is why I wanted them, as they

go down the line, they can do with them whatever they

want to. They can draw from them what they want to.

[652] MR. HENNELLY: Don’t say anything fur-

ther, they might do with them what they should do.

MR. RILEY: I would like to recall the Defendant

for one more question.

THE COURT: Mr. Stidham, will you come back to

the stand?

MR. RILEY: Mr. Stidham, you testified you went to

Springfield on September 29th?

A. I believe that was the date.

Q. You recall what time you left Jefferson City? A.

It was before noon.

Q. What time did you get there? A. It was in the

late afternoon.

Q. Were you handcuffed? A. Yes, sir, I was.

Q. You had leg irons on? A. Not at the time I

went to Springfield, no.

Q I mean when you left Jefferson City on the trip

to Springfield? A. Did we have leg irons on?

Q Yes. A. No, they took the leg irons off imme-

diately after we walked out of the Court Room, after ar-

raignment.

Q. That is all,

MR. Y: That is all, come down.

;

|

A464

[653] M. E. CURTIS,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Hennelly

Q. What is your name please sir? A. M. E. Curtis.

Q. You have been previously sworn to testify in

this; case, and what is your occupation sir? A. Records

Clerk at the Medical Center of the Federal prisoners at

Springfield, Missouri.

- Q. That is the Federal Prison down there sir? A.

It iis a combination hospital and prison.

Q. And are you custodian of the records down there?

A. Iam.

Q. And do you keep the records of the people who

hawe been there in the normal course of business? A.

Those legally committed.

Q. And I will ask you sir, if pursuant to a subpoena

duces tecum issued by His Honor out of this Court, did

yow bring with you one of those records? A. I did.

Q. Is that the record of one James Stidham? A. It

is.

Q. And you are custodian of that record are you sir?

A., Yes, sir.

Q. And this is a permanent record of your institu-

tion, is that right? [654] A. Yes, sir.

Q. Now, I am going to hand you what has been—

MR. HENNELLY: (Out of the hearing of the Jury)

I tthink we are getting into a situation with respect to the

initroduction of this, aren’t we? I think Your Honor re-

ceived it for certain purposes, and then indicated. that

you would want to have me resubmit it.

THE COURT: I think for the purposes of being be-

fore the Jury, you can re-identify what this is, and it has |

previously been marked.

j

i

A465

MR. RILEY: You are going to put the doctor on

the stand?

MR. HENNELLY: Yes.

THE COURT: I think it probably should be in evi-

dence anyway. ee ee

Q. Now sir, I am going to show you what has been

marked for the purpose of identification, Defendant’s

Exhibit E-2, and I will ask you sir if that is one of the

permanent records? A. It is.

Q. And is this the record of one James Stidham?

a

Q. And I will ask you, this material which is written

in ink, you know in whose handwriting that is? A. | Dr.

F. L. Halleck.

Q. And who is Dr. Halleck? A. He was the Public

Health Doctor assigned to the Medical Center for the

Federal prisoners at Springfield, Missouri.

[655] Q. Is he still with the institution? A. He is

not.

Q. And do you have any idea who wrote this top

part? A. No, it is one of the board at the institution

made that part.

Q. One of the board? A. Guard.

Q. One of the guards? A. Yes, sir.

Q. I will ask leave to introduce E-2, Exhibit E-2.

MR. RILEY: I don’t have any objection.

THE COURT: All right, it may be received in evi-

dence.

Exhibit E-2, having been received in evidence, but

not being in the hands of the Reporter at this time, is

t copied into this record.

"a Now then sir, I want to show you what has been

ked, for the purpose of identification, as Defendant’s

r

;

A466

Exhibit E-1, is that part of the permanent records of the

case of James Stidham sir? A. It is.

Q. And are these the records which are kept in the

normal course of business at the hospital? A. Yes, sir.

Q. You are custodian of those records? A. Yes, sir.

[656] Q. And they are the permanent records, is

that correct? A. Yes, sir

Q. I am going to ask you sir, are you familiar with

that handwriting? A. I am.

Q. Whose handwriting is that? A. Dr. Hatcock’s.

Q. Who is Dr. Hatcock? A. He is the public health

physician assigned to the Medical Center for Federal

prisoners.

Q. And is he still down there? A. He is.

Q. I will ask leave to introduce this into the record.

MR. RILEY: You say Dr. Hatcock is here and is

going to testify?

MR. HENNELLY: Yes.

MR. RILEY: If that is so, I have no objection.

THE COURT: All right, it may be received in evi-

dence.

Exhibit E-1, having been received in evidence, but

not being in the hands of the Reporter at this time, same

is not copied into this record.

Q. Ihave no further questions.

Cross-Examination by Mr. Riley

Q. Will you mark this Exhibit 20?

[657] Reporter marked Exhibit 20, fingerprint record

of Stidham.

Q. Mr. Curtis, I will show you what has been marked

Exhibit No. 20, consisting of two pages, and will ask you

if tha ibit is part of the same file which you just

identified for Mr. Hennelly? A. It is a photostatic copy ,

of the fingerprint, that is part of the file which I just re- |

ferred to. | j

A467

Q. And is that a part of your permanent record there

at the Federal Prison in Springfield? A. I don’t know

just how to answer your question. The fingerprint chart

in the back is a part of the permanent record, yes, and this

here happens to be a photostatic copy of it.

Q. Have you got an original here? A. There is an

original here. I don’t see it right now.

MR. HENNELLY: I don’t see any point in encum-

bering the record, I think for the purposes of introduction

of that Exhibit Your Honor, it may be agreed that that is

a photostat of the original. I don’t mean to waive my ob-

jection to it.

THE COURT: Who prepared that sir?

A. I photostated it. |

THE COURT: Who took the fingerprints?

A. My assistant, Mr. Patana.

THE COURT: Were you present?

[658] A. I was present in the office.

THE COURT: All right.

MR. RILEY: Now, I will ask you, on the second page,

were you present when that information was taken?

A. Yes, I was.

Q. If the Court please, at this time we offer this ex-

hibit in evidence.

MR. HENNELLY: The Defendant will object to it, if

Your Honor please, for the reason that it is hearsay and

that wouldn’t tend to prove or disprove any issue in this

case.

MR. RILEY: Was the Defendant present when this

was prepared?

A. Not the photostat, no.

Q. Imean the material that is on there? A. Yes, sir,

Q. And was he there present when the information

on the second page was taken? A. Stidhan: was present.

i

Yee |

if

A468

MR. HENNELLY: Still object to it for the reason

that it contains certain hearsay testimony, and testimony,

evidence which is totally irrelevant and immaterial and

highly inflammatory, and only tends to bias and. prejudice

the minds of the Jury, and to introduce it under these cir.

cumstances would be a violation of the Constitutional

Rights of the Defendant.

MR. RILEY: I offer it for impeachment purposes.

[659] THE COURT: Mr. Curtis, did you hear the

Defendant give the information that is contained on the

second page of Exhibit 20?

A. Mr. Patana, as I remember it, interrogated Stid-

ham himself and recorded what description has been

noted on that card.

THE COURT: Were you present there?

A. I was in the office all the time that the six of them

were being processed. I didn’t do any of the interrogation.

MR. RILEY: Did you hear Mr. Stidham give these

answers?

A. Idid.

THE COURT: All right, Exhibit 20 may be received

in evidence.

Exhibit 20, having been received in evidence, the part

which can be copied into this record, reads in words and

figures as follows:

Fingerprint Record of James William Stidham.

Page 2.

Received—9-29-54-MCFP Mo. State Prisoner Trf. to MCFP

Crime—Robbery Sentence—25 yrs.

Date of Sentence—5-26-52 Sentence begins 5-26-52

tence expires—5-25-77 | |

ss time sentence expires | 5-25-71

\ |

A469

Date of Birth—2-2-1920 Occupation—Auto mechanic

Birthplace—U.S.A. Nationality—American

Age 34 Complexion—Medium Height ............

Eyes—Brown Weight .......... Hair—Lt. Brown Build—

Med. [660] Scars and marks—1. Tatt. word Frances

vertical spelling forearm outer. 1. ragged cut scar between

middle and little fingers palm side of hand.

Exhibit 20

LWE

7/20/55

This exhibit is also attached to the original of the

transcript, the fingerprint record.

MR. RILEY: Mr, Curtis, on this, what is the birth

date as shown by that exhibit of the Defendant, James

William Stidham?

A. February 2nd, 1920.

Q. February 2nd, 1920? A. Yes.

Q. And what date was that information taken from

him? A. Probably on September 30, 1954.

Q. And how old, after the question of age, what fig-

ure appears there? A. 34.

Q. And further on down in that exhibit, what scars

or marks is shown on there? A. The word tattoo abbre-

viated and the word Frances, vertical spelling forearm

outer, and that would be on the left arm. Then it says.

ragged cut scar between middle and little fingers, [661].

palm side of hand. That would be the left hand.

Q. It shows there that he had a ragged cut scar? A.

ae right.

Q. \Between the middle and the little fingers on the

so A. Yes, sir, ,

t. Now, I will show you this, does th

ts of the Defendant James will Stidham’s left

hand appear on|that? A. Yes.

|

A470

Q. Now, will you show this, do you have to have the

fingers extended straight to take the fingerprints? A.

That is right.

Q. Now, if my two fingers were like that, and

paralyzed like that, could you take the fingerprints of my

little and middle fingers?

MR. HENNELLY: Object to the form of the question

if Your Honor please.

THE COURT: Sustained.

Q. All right. If Stidham’s middle finger, and left

finger were paralyzed in a contracted position, could you

have taken that fingerprint?

MR. HENNELLY: Object to the form of that ques-

tion if Your Honor please.

THE COURT: Sustained. He may tell how he took

them.

[662] Q. Will you tell how you taken them?

THE COURT: What his condition was.

A. It depends if they were jammed up in a position

like that, it would be hard to print it, and it depends on

the amount they could be flexed outward.

THE COURT: Wait just a minute, the question was

how did you take them?

A. From this print here, it would indicate that they

were taken in a normal course of events without difficulty.

MR. HENNELLY: Object to that, and ask that it be

stricken and the Jury instructed to disregard it, and a mis-

trial declared for the reason it was not responsive and a

conclusion on the part of the witness.

THE COURT: Sustained, except for the direction of

a mistrial. The answer may be stricken, and the Jury is

instructed to disregard it. eh

THE COURT: Mr. Curtis, who do you do, what did

you do with Stidham’s hand when you took the i a |

how were} they taken, can ‘you explain to Jury

H

4

if

i

|

A471

you took the fingerprints, hold out your finger there, your

hand, and show them how you did it, with this hand?

A. You just take the one finger individually at a time,

and flex it outward and roll it on an ink pad and move it

over to the blank fingerprint chart and roll it again. All

fingers are taken in the same manner.

[663] THE COURT: And what part of the fingers

are put on the ink pad and then placed on the fingerprint

d?

7 ‘A. The terminal joint of each finger.

Q. Indicate to the Jury what you mean by that. A.

The terminal joint.

Q. Ofeachfinger? A. Yes, sir.

THE COURT: All right Mr. Riley, go ahead.

MR. RILEY: Now, you have there on that exhibit the

print of all fingers at one time, do you not?

A. No, not all at one time. They are taken simul-

taneously, not simultaneously, but one following the other.

Q. How do you take these four? A. The four im-

pressions are taken, and then the thumb.

Q. Will you show the Jury how you take this part

right here. A. You take them in that position and then

the other one afterwards.

THE COURT: Do that again.

A. Four of them taken simultaneously and then the

thumb in the next sequence.

Q. Now, I will ask you to hold that up and point to

the Jury which part of that represents Mr. Stidham’s left

hand when the four fingers were taken at the same time.

A. The lower left hand corner, the four together, and then

[664] the thumb.

Q. Now, could \you, take, those prints together unless. |

the hand was laid out flat?

MR. LLY: Object to the form of that ques- __

tion if Your Honor please. _ ‘] 4 | |

F |

\,

|

A472

THE COURT: Sustained, it would be a conclusion of

the witness. He may testify and has testified what he did

and how it was done.

Q. I will ask you if Stidham’s hand was laid out, left

hand was laid out flat when you took these fingerprints?

A. They were.

Q. That is all.

MR. HENNELLY: No further questions.

THE COURT: Can it be agreed that photostats can

be furnished the Reporter for Exhibits E-1, E-2 and E-3, in

place of the original exhibits. Those are the exhibits that

were identified by this witness.

MR. RILEY: Yes. And State’s segunenen No. 20, and

I think the record already shows—

THE COURT: The photostat of Exhibit 20 might

likewise be furnished the Reporter. You can then be ex-

DR. THOMAS A. HATCOCK,

BEING SWORN, TESTIFIED:

‘Direct Examination by Mr. Hennelly

Q. What is your name please? [665] A. Thomas

A. Hatcock.

Q. You are a physician, am I not correct Doctor? A.

Yes, sir

Q. What school or schools are you a graduate of?

MR. RILEY: We will admit the Doctor’s qualifica-

tions.

THE COURT: All right, they have been admitted.

Q. That is quite all right. Where are you presently

stationed? A. U. S. Medical Center, Federal Prison,

Springfield, Missouri.

~ U. S. Medical Center at Springfield, Missouri? A.

Yes, sir

f

A473

Q. Federal Prison? A. Yes, sir.

Q. Now Doctor, I am going to ask you, excuse me,

where are those photostatic exhibits, if you will please,

that which has been accepted into evidence as Exhibit E-

1, and I will ask you what that is Doctor? A. This is a

consultation report in my handwriting, made according to

my examination of the Defendant on September 30, 1954.

_ Q. Now Doctor, I am going to ask you, did you make

an examination of this Defendant at that time? A. I did,

insofar as his complaints were concerned at that time.

Q. Isee. A. My examination was limited to [666]

his complaints.

THE COURT: Maybe you had better turn so the

Jury can hear you. ;

A. I examined him, his left arm and hand.

Q. Doctor, let me ask you this, with respect to this

particular patient, was he put through the same ‘normal

routine that other patients would have been put through ©

down there? A. No, he was not.

Q. He wasn’t given the examination, the physical ex-

amination which was normally given, is that true? A.

That is true.

Q. For the reason that this was a special situation,

isthat right? A. Yes, sir.

Q. Now Doctor, can you tell His Honor and this

Jury what was the date that you made that—at least this

limited examination of the Defendant? A. September 30,

1954.

: Q. Now, can you tell us what your physical findings

| were Doctor? A. I think first I should mention the com-

plaints at this time.

- Q. Very well. A. At which I was asked to see him.

Q. Go ahead. A. Patient claimed an injury to [667]

his left hand as a result of being suspended by a rope

tied to his hands with his hands at his back. He com-

A474

plained of weakness of the left ring and little fingers, and

inability to forcibly flex and to extend those fingers. My

examination revealed some evidence of weakness of these

fingers, namely, the ring and little fingers of the left hand.

Although there was ability to partially flex and extend

these fingers, the function seemed to be weak and the

muscles seemed to. be weak. The patient also complained

of numbness involved in these fingers, not an actual com-

plete loss of sensation, but a numb feeling involving the

little and ring fingers. Now, on the basis of these com-

plaints, his story of his injury, and my findings which

was based on these subjective symptoms, I felt that pos-

sibly he had a contusion of the ulnar nerve which is the

nerve that supplies this particular area of the hand and

fingers that he complained of.

Q. What was this date again Doctor? A. Accord-

ing to the record, September 30th.

Q. This was 1954, and you actually found yourself

some difficulty in flexing those fingers and some weak-

ness, didn’t you? A. Well, you have to keep in mind the

fact that these symptoms are subjective and are symptoms

that may be present without showing external signs of

injury, and is based pretty much on the patient’s story.

[668] Q. Now, Doctor, independent of a patient's

story, if you wanted to determine for yourself, independent

of his story, whether or not there had been any actual

numbness or any damage to the lower extremity, or to any

of those fingers, what would be the way that you would

do that? A. Well, it is a very difficult matter, in this

particular type of case.

Q. Let me ask you this—

MR. RILEY: Let him answer the question. I would

like for the witness to answer.

Q. Iamsorry. A. You can have a very serious im-

pairment of this nerve function without having any ex-

A475

ternal evidence of it, that is any serious surface bruises

or marks, and to determine whether or not those symptoms

are bonafide symptoms, it is a pretty difficult matter. We

go through the usual type of sensory palpations and getting

the patient’s reactions and in this case, he had a disturb-

ance of the sensation in these fingers, which corresponded

to the area narrated by this particular patient, and it was

very suggestive to use. Now, aside from those findings,

except in those cases where this result might be— I mean

these findings might be the result of a remote injury,

where you would find some slinging of the muscle of these

fingers, while as I say, the diagnosis is based pretty much

on subjective findings.

[669] Q. Doctor, would you say one of the methods

in determining whether or not there is actual damage to

the hand under those circumstances, that you would use

the pinprick method? A. That is the common one used,

commonly used.

Q. And tell His Honor and this Jury how that would

be done?

MR. RILEY: Object unless he did it on this patient,

THE COURT: Sustained. 7

A. As I recall, I don’t think I used an actual pin,

but I used my hand to produce pinching and to produce

a sensation and compared that over this involved area,

supposedly involved area, with the normal area. .

Q. All right. Now Doctor, I want to ask you, assum-

ing if you will, that a man the age of this Defendant, and

the weight of this Defendant, and prior to September 22nd,

1954, had no damage of any kind to his left hand, and as-

suming that on the 27th day of September, 1954, that he

was handcuffed with his hands to his rear and handcuffed

by his feet, and that a rope was placed on the handcuffs

and that he was then lifted a distance from six to eight

inches off of the ground, that he was suspended at first

for @ period of approximately fifteen minutes, and then

A476

‘ taken down, and assume further Doctor, that he was im-

mediately thereafter put up again for a period of thirty

to thirty-five minutes, and assuming further Doctor that

there was, that he had pain in that hand, and that there

was a shrinking of the ring [670] finger and the little

finger—

MR. RILEY: If the Court please, he is including in

the question some things which aren’t in evidence. I don’t

recall any evidence of any shrinking.

Q. Withdraw that section then. I think it is in there,

but I don’t want to take the Court’s time, I withdraw that

section, and assume further that upon—

THE COURT: Eliminating the shrinking now.

Q. That is right, and assume further that on his ad-

mission to the hospital, that there was an absence of

flexion and extension in those fingers, as well as anesthesia

to pinprick and assume further that at the time you ex-

amined him on the 30th, that you still found some evi-

dence of lack of flexion and weakness, I will ask you Doc-

tor, whether or not in your medical opinion, based upon

reasonable certainty, medical certainty, the condition you

found when you examined him, could have been caused by

being lifted in the method and manner that I have de-

scribed on the 27th day of September, 1954? A. In my

opinion, it could have.

Q. Could havebeen? A. Yes, sir.

Q. Now Doctor, I want to ask you, can you tell His

Honor and this Jury just where that ulnar nerve runs,

indicating on me on the left? [671] A. The ulnar nerve

arises in the spinal cord at the neck level. It is composed of

a number of fibers coming out and going in at different

levels. -

THE COURT: A little louder Doctor.

A. And it takes its course down through the upper

arm pretty well under the muscle layers and courses

down over the inner part of the elbow, and that point be-

A477

coming rather superficial, and passing through the bony

groove, which we all know as the funny bone area, and

from there goes into the muscles of the forearm, through

the wrist and goes down to the, and supplies the muscular

and sensory sensation to the ring and little fingers.

Q. Ihave no further questions.

Cross-Examination by Mr. Riley

Q. Doctor, this nerve is commonly known as the

crazy bone, isn’t it, your elbow? A: Well, most people

think they are hitting the bone, actually they are hitting

this nerve at a superficial area, and they call it the crazy

bone.

Q. Now, if your elbow, you can hit your elbow and

damage that nerve without having any physical injury,

couldn’t you? A. That is quite true.

Q. And if you hit your elbow and damage that nerve,

why it [672] would cause the loss of flexion in those two

fingers, wouldn’t it? A. Ifthe injury is severe enough.

Q. Well, what is a contusion? A, Well, commonly

called a bruise.

Q. A bruise? A. Yes, sir.

Q. Did you see any bruise on Stidham’s left arm?

A. I recall seeing no definite bruise on his left arm.

Q. Did you look? A. Yes, sir.

Q. Well then, the information here about his ability

to flex it, you got most of that from Stidham himself, didn’t

you? A. Yes, as I pointed out a moment ago. As I noted

in the previous testimony, the diagnosis of nerve injury

in this Defendant, is dependent upon subjective findings.

Q. And then what is subjective findings? A. Symp-

toms that the patient complains of himself.

Q. And not something that you can see? A. Can’t

always be tied in with the objective evidence. In other

words, the findings on physical examination.

*

A478

Q. If you saw a contusion or a bruise, that would be

an objective findings, wouldn’t it? A. Yes, sir. |

Q: And subjective symptoms are what the patient

tells you [673] and not what you see? A. That is true.

Q. Now, your opinion in this case is based upon sub-

jective findings, isn’t it? A. To a great extent.

Q. You found no injury whatsoever? A, No signs

of any bruises as I recall, or I have no notation of any in

the original notes made at the time. ,

Q. You didn’t make any notation of the scar or large

cut? A. No, sir, I was aware of that. I recall it. I didn’t

make any notation of it: In my opinion, it played no part

in the man’s symptoms at the time.

Q. You didn’t prescribe any treatment whatsoever’

A. No, sir, I felt that it was probably a minor contusion

and didn’t call for any specific treatment and would prob-

ably clear up in passage of time.

Q. That is all.

Redirect Examination by Mr. Hennelly

Q. Doctor, is a pinprick examination to determine if

ther is lack of anesthesia, would you say that is subjective

matter or an objective matter? A. Well, your conclusions

are based on the patient’s reply to the type of sensation

that he gets from it. .

Q.* If you are standing there watching him and you

apply the [674] pinprick method, either to the lower ex-

tremity in a leg or hand, and there is no twitching or no

reaction 6f any kind, would you say that that was an ob-

jective finding on the part of the physician? A. Yes.

Q. No further questions.

Recross-Examination by Mr. Riley

Q. You didn’t use the pinprick? A. No.

Q. That is all.

A479

Redirect Examination by Mr. Hennelly

Q. It was done when he entered by one of your other

men, wasn’t it Doctor?

THE COURT: If the Doctor knows.

A. Idon’t know. .

MR. HENNELLY: Very well. I guess the record

would speak for itself. That is good enough. Thank you

very much. With that, the Defense rests Your Honor.

THE COURT: We will recess Gentlemen of the Jury,

for the noon hour. There will probably be some additional

testimony I understand from counsel, but it won’t be very

long and then the Court has to Prepare the instructions in

the case, and then there will be the argument of counsel,

and so the case [675] should be submitted to you shortly

after you return from your noon recess. During the noon

recess, remember the previous instructions of the Court, the

instructions the Court has given to you about not becom-

ing separated from each other, or allowing anyone to talk

to you about the case, or permitting anyone to talk to you

about it. I will ask that the Sheriff take charge of the

Jury then, and during the mon recess don’t get separated

and Mr. Sheriff return them to the Court Room and the

Court will be in recess until One O’clock.

And thereafter to-wit: On the same day, the follow-

ing order was enteréd of record:

Circuit Court Recoi Record, Butler County, Missouri (Book 62,

page 429) Wednesday, July 20th, 1955, Regular July 1955

Term

Now at this time, it iS ordered by the Court that this

cause be recessed for the Noon Recess. Now Noon Recess

being over, trial in this cause is resumed and progresses

in the hearing of the evidence to the conclusion thereof.

A480

BEN MARKWAY,

BEING SWORN, TESTIFIED:

Direct Examination by Mr. Riley

Q. State your name please. A. Ben Markway.

Q. Mr. Markway, what position do you hold? [676]

A. Sheriff of Cole County.

Q. And that is in Jefferson City? A. That is right.

Q. Mr. Markway, I will show you what has been

marked as Exhibit G. You just keep it there, is that your

signature on there? A. Yes, it is.

Q. Now, will you hold it up and show the Jury just

where your signature appears? A. Right here, the third

line.

Q. All right. Now Mr. Markway, are you a medical

doctor? A. No,I am not.

Q. Have you ever had—

MR. HENNELLY: I am going to object to any fur-

ther testimony on the part of this witness, for the reason

that it is improper rebuttal evidence in chief, but since this

evidence came in without objection, I don’t see how it be-

comes the basis for any rebuttal testimony. :

THE COURT: These exhibits weren’t brought into

the case until after the evidence in chief.

MR. RILEY: You brought them in.

THE COURT: They came up first upon the exhibit

that you offered, and then the one that was offered imme-

iately, or at the same time, or about the same time by the

Ss The objection will be overruled.

[677] Q. Now Mr. Markway, did you know Walter

Lee Donnell? A. I do not know him, no, sir.

Q. Had you ever seen him? A. Not that I know of,

until the night of, down at the Funeral Home.

A481

Q. Where did you see his body? A. Well, I will

take that back, I did see him, they said that was him out

at the Penitentiary that night. :

“MR. HENNELLY: Object to that, that will be hear-

say and a conclusion on the part of the witness.

THE COURT: Sustained.

Q. Where did you see the body? A. The body?

Q. Yes. A. Down at the Dulle Funeral Home.

Q. Did you examine the body? A. I did.

Q. And what examination did you make? A. ‘I just

examined it.

Q. Speak up loud. A. I examined his chest and his

body. They had it covered and took the cover off and I

examined his body and then they pulled him over on his

side and let me look at his back.

Q. Did you notice any wounds on his body? A. Yes,

sir, I did. ;

[678] Q. What condition were the wounds at the

time you examined him?

MR. HENNELLY: Now, I am going to object for the

reason that this again is improper rebuttal and certainly

it is within the Court’s discretion with respect to what

rebuttal testimony will be introduced, but this is appar-

ently an attempt to vary the terms of a written instrument,

one that was offered in evidence, and received in evidence

without objection, and I submit it is improper argument

and if anything, it is evidence in chief. ,

THE COURT: Overruled, for the reason stated.

MR. HENNELLY: Very well.

Q. What condition were the wounds in when you

examined him? A. When I examined the wounds, they

were stitched back, they had stitches through them, and

they were stabs or whatever you want to call them, in

different places.

Q. Were they sewed up? A. They were.

A482

Q. Now, did you make any further examination of

the wounds, probing them or sticking an instrument in

them? A. No, sir.

Q. Now Mr. Markway, I will ask you to look at this

exhibit regarding this part up at the top there, that type

written part, did you put that in there? A. No, I did not.

[679] Q. Did you ever type ih anybody’s name in

that certificate? A. No, I did not. The only thing that

was on there was, I wrote by longhand myself.

Q. Was that typewritten in there when that certifi-

cate was signed? A. No, it was not.

Q. Who put it in? A. Well, I am not positive, Mr.

Dulle told me—

MR. HENNELLY: Object to that, that would be

hearsay and a conclusion.

Q. If you don’t know, say you don’t know. A. I!

don’t know.

Q. Now, were you at the Penitentiary when the

other bodies were removed? A. I think I was. I was out

at the Penitentiary, but I didn’t see them being removed.

I was there when the ambulances came, that is, in and out,

and I went down and told them that the ambulances were

there, but I didn’t see them that I can recall, taking the

bodies out.

Q. When was the first time you saw this Death Cer-

tificate as it is filled in now? A. The first time I saw it,

I expect was a week ago today down at Union.

Q. That is all. A. Today a week.

[680] MR. HENNELLY: Now, under those circum-

stances, I ask that all that testimony be stricken for the

reason it is totally irrelevant, immaterial and further for

the reason that it is improper rebuttal testimoriy.

THE COURT: Overruled.

A483

Cross-Examination by Mr. Hennelly

Q. Sheriff, how long have you been Sheriff of Cole

County? A. Six and a half years. |

Q. In the course of that time Sheriff, have you had

reason and opportunity to see people who suffered from

gunshot wounds? A. What is that?

Q. Have you seen people who suffered from gunshot

wounds? A. Have I ever seen some committed? .

Q. No. Have you seen people who suffered from

gunshot wounds? A.I have seen some who committed

‘cid

Q. You have seen some people that have been shot

by themselves or by somebody else then? A. I have.

Q. Is that right? A. Yes, I have.

Q. And about how many people would you say that

you have seen? A. That have been shot?

Q. Yes. A. That would be a little hard for [681] me,

you mean shot and committed suicide?

Q. Either way, both. A. By themselves?

THE COURT: Shot, regardless of how they were

shot or who they were shot by.

A. That would be a little hard to say, I would say

fifteen or twenty.

MR. HENNELLY: Fifteen or twenty?

A. Yes, sir.

Q. Now then, this Official Death Certificate states

that the cause of disease or condition directly leading to the

death was by bullet wounds of a gun in unknown hands.

Now, is it your testimony that you did not put that in

there? A. No, I put this in there.

Q. You put that in there, is that right? A. Yes, sir.

Q. So that you sent to be put in the official record

of the State of Missouri, a statement that the body of

Walter Lee Donnell, that he had died as a result of bullet

wounds in the hands of persons unknown, is that correct?

%

A484

A. That is right.

Q. And is this your signature on both, Ben S. Mark-

way? A. Yes, sir.

Q. And this next section, removal to National Ceme-

tery at Nashville, Tennessee, is that your signature?

[682] A. I don’t think that is.

Q. When you stated that, when you signed this, that

there was something that was left blank, what was that? A.

All the typewritten in there, but Dulle said they—

, Q. Object to this section as not being responsive

and being hearsay. ;

THE COURT: Sustained. He just asked you what

part you didn’t put in there.

Q. What part—strike that. What was on there when

you signed that Sheriff, this Certificate? A. Well, all this

fine print was on there, and that is all, and when I signed

it, that other was put in later.

Q. Everything was put in later? Im other words,

you tell this Court and Jury that what you did, was you

signed a Death Certificate in blank, is that right? A. Ex-

cept that what I wrote on there.

Q. Well, you, the only thing you put down was bullet

wounds, is that right? A. That is right.

Q. And did you go and change this matter later on’?

A. I didn’t get that.

Q. Have you ever changed this certificate? A. Yes,

sir.

Q. And when did you change it? A. I changed it

I think last Friday, Thursday or Friday after [683] I came

back from Union.

Q. And was that at the direction of anyone in Cole

County? A. I asked Mr. Riley if it would be a good thing

for me to do that, and he said yes it would.

A485

Q. Bea good thing for you to

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