E.R. POE, called as a witness on behalf of the Plaintiff, was sworn and testified as follows:
DIRECT EXAMINATION
BY MR. OWEN:
. . . .
Q That afternoon, do you recall where you went after you went on duty?
A I went south, Highway 19.
Q And what did you do then, was there any particular thing that you did while you were on 19?
A We wrote a citation at 2:05 to Tucker, which is about five miles south on 19.
Q Now, on that afternoon, were you ever on Highway 16?
A We were.
Q East or west of Philadelphia?
A East.
Q Do you recall about where you were on that highway?
A We were parked out under a shade tree about four miles east.
Q East of Philadelphia?
A Right.
Q Do you remember about what time you parked under the shade tree?
A Somewhere in the neighborhood of 3:00 o'clock.
Q Now, did you know Cecil Price?
A I do.
Q Could you point him out in the courtroom? Count from the end and tell us which person he is?
A Number four.
Q Fourth person from the left?
A Right.
Q While you were out there on Highway 16 did you see Cecil Price?
BY MR. BUCKLEY:
To which we object to his leading his witness.
BY THE COURT:
Overruled.
BY THE WITNESS:
A I did.
Q Can you describe what you saw?
A Well, he passed by going east on 16.
Q And what kind of a vehicle was he in?
A In a blue '56 Chevrolet.
Q I would like to show you a picture and see if you can identify it?
A That looks like his car.
Q You can recognize that?
A From the tag number on it it looks like the car, yes.
Q Is that a fair and accurate representation of the car that Cecil Price passed you on Highway 16 that day?
A It is.
Q I would like to have that marked and entered into evidence.
BY THE COURT:
Show it to Counsel. Just go on with your questions while they are looking at it.
BY MR. OWEN:
Q Did you see Cecil Price again that afternoon?
A I did.
Q Can you tell the Court and the Jury under the circumstances under which you next saw him?
A Well, some few minutes after then he called and said he had a good one or chasing a good one.
Q How did he call you?
A What did you mean?
Q How did he communicate with you?
A By radio.
Q Did he indicate to you who it was?
A He said something about George Raymond.
Q Over the radio?
A Right.
Q And do you know who George Raymond is?
A I didn't at that time, but I've found out since.
Q Now, did you have any knowledge, uh, do you have any knowledge that Mr. Price knows who George Raymond is?
A Well, in talking after that he did.
Q He did?
A Yes sir.
Q And who did he indicate to you who George Raymond was?
A He was a Civil Rights Worker and had been in that area and over around the Canton area.
Q How long was it after he passed you going east before you got this call?
A About ten or fifteen minutes.
Q Did you see him after he made that call?
A I did.
Q Which was was he going?
A Traveling west on 16.
Q And where were you at that time?
A Still under the shade tree.
Q Did you see him again either immediately prior or immediately after he passed you?
A There was traffic on the highway.
Q Did you see any vehicle in front of Price.
A I did.
Q What kind of vehicle was that?
A Station Wagon.
Q Do you remember the color?
A I would say blue.
Q Now when Price passed you did he see you?
A Well, I'm sure he did.
Q Did he make any indication that he saw you?
A Well, as far as talking to us he didn't.
Q Uh, did he make any kind of gestures or anything like that?
A Well, hi might have nodded his head, or look around at us.
Q No, uh, how far in front of Price's car was this station wagon?
A That would be hard to say.
Q Could he see it?
A Well, he probably could at times, of course there are hills in there.
BY MR. HENDRICKS:
We object to that.
BY THE COURT:
Yes, I'll sustain the objection.
BY MR. OWEN:
Q Now were any of these vehicles traveling at such a rate of speed that you would take off and go after them?
A Well---
BY MR. ALFORD:
Just a minute Mr. Poe, we object.
BY THE COURT:
Yes, I'll let you rephrase that question.
BY MR. OWEN:
Q Do you know how fast any of these vehicles were traveling, the Station Wagon and Price?
A Well I can't say the speed, but I do say the Station Wagon seemed to let off when it topped the hill where we were in sight, he could see us.
Q Is that a usual thing for people to do, what kind of car were you in?
A White Pontiac.
Q Highway Patrol car. Is that a common occurrence when people see a patrol car?
BY MR. BUCKLEY:
If it please the Court, we object as it is calling for a conclusion and is not relevant to this case.
BY THE COURT:
Yes, I sustain the objection.
BY MR. OWEN:
Q About, uh, did you make any effort to stop that station wagon?
A I did not.
Q Well, I didn't have any reason to. It let off its speed when it came over the hill and was in eyeview of us.
Q Did you have any further communications with Cecil Price?
A We did.
Q When did that occur?
A Oh some four or five minutes after the station wagon and he passed us.
Q Would you tell us what those communications were?
A He wanted us to come up and assist him with them. He said he had a speeder stopped.
Q And did you go?
A I did.
Q And who was with you?
A Patrolman Wiggs.
Q And where did you go?
A We went to the intersection of Beacon and Main Streets.
Q What city?
A Philadelphia.
Q What did you see when you got to the intersection of Beacon and Main Streets.
A Well the station wagon was stopped, Price was stopped behind it and there were three people changing a tire on this station wagon.
Q Was this the same station wagon you had seen on 16?
A It looked like the same one.
Q And were these people in that station wagon white people or negroes?
A One negro and two whites?
Q I would like to hand you this and ask if you recognize that picture?
A I do.
Q Tell us what that picture is?
A Its the intersection of Beacon Street and Main Street or highway 16 and Main Street.
Q Now, is that a fair and accurate representation of this intersection of those streets?
A It is.
Q I would like to have that marked and introduced into evidence.
BY THE COURT:
It may be entered and be marked.
(Whereupon exhibit entered into evidence and marked P-59)
BY MR. OWEN:
Q When you arrived what was happening?
A They were changing the wheel on the station wagon, they had a flat.
Q Who was?
A The negro and the two whites.
Q Did you have any conversation with Price or did he have any conversation with you?
BY MR. WATKINS:
Your Honor, we object on behalf of the clients that I represent for the reason that the government has made no showing so far concerning any conspiracy extra judicial statements of one of these defendants as against my defendants, not now is admissible.
BY THE COURT:
I think that's the rule and I'll sustain the objection as against your client?
BY MR. BUCKLEY:
Your Honor if it please the Court, I understood this applied to all the defendants?
BY THE COURT:
That's right.
BY MR. OWEN:
Q Will you answer?
A What was the question?
Q What conversation did you have with Price while you were there?
A He said he had arrested the negro for speeding, he was the driver and the other two for investigation, and he asked us if we would help him take them to jail.
Q Now, did he determine or did he indicate to you he had determined who the car belonged to at that time?
A There wasn't anything said about the car.
Q Did he indicate to you what the names of these three individuals were?
BY MR. HENDRICKS:
He's leading, Your Honor, he's just trying to put the words in his mouth.
BY THE COURT:
I'll overrule your objection.
BY MR. OWEN:
Q Did he indicate what the names of these people were?
A He did not.
Q Where did he get their names?
A From their driver's license.
Q What were their names?
A Andrew Goodman, Michael Schwerner and James Chaney.
Q And what did you do then?
A I left the police station and went on the east side of the courthouse.
Q In Philadelphia?
A Right.
BY MR. WEIR:
If your Honor please, I object to his identifying these people just by driver's license.
BY THE COURT:
That wasn't his source of identification, I'll overrule your objection.
BY MR. OWEN:
Q Now, do you know were Price was when you left the police station?
A He was there.
Q Did you see him again that afternoon?
A I did.
Q Where?
A East side of the courthouse.
Q Did you have any conversation with him?
A I did.
Q Where?
A On the east side of the courthouse.
Q And what was the conversation?
A He wanted registration on this tag.
Q Tag of what?
A On this station wagon.
Q Did he give you the tag number?
A He did
Q Do you recall what it was?
A I don't remember the tag number but its in this radio log.
Q Would you refer to that radio log?
BY MR. ALFORD:
May it please the Court he hasn't introduced that radio log yet.
BY THE COURT:
I think you can refer to official records under the shopbook rule and can refresh his recollection and testify if he can do so.
BY MR. OWEN:
Q What was that license number?
A H-25503 . . . .