From direct examination by Hon. H.G. Bailey
Q: You live at Stevenson, Alabama?
A: Yes sir.
Q: You are engaged in what business?
A: General mercantile business.
Q: Do you recall the day it is said some negroes were taken off a freight train at Paint Rock, Alabama?
A: Yes sir.
Q: On what day did some white boys come into your place of business at Stevenson?
A: Yes sir.
Q: About what time of day did they come there?
A: I can't tell you the time of day it was.
Q: To the best of your recollection about what time of day was it, was it in the forenoon or afternoon?
A: Well, I wouldn't swear to that, but it seems like it was in the afternoon.
Q: What was the condition or appearance of those boys?
A: Well there was seven of the boys, and one of them was awfully bloody, had his head cut open here (indicating) and bloody all over, and another was pretty bloody, and the rest of them was scratched and bruised up.
Q: Seven of those boys?
A: Yes sir.
Q: Where did they go?
A: The deputy sheriff and me carried them to Scottsboro.
Q: Did you see these negroes at Scottsboro?
A: Yes sir.
Q: Where were they?
A: Brought them up there from Paint Rock and had them tied with ropes.
Q: Were they in jail?
A: No sir.
Q: Did you search them?
A: I helped take them out of a truck and carried them in the jail and helped search them, yes sir.
Q: Examine this knife (indicating).
A: I got that knife off one of those negroes....
MR. LIEBOWITZ: You didn't take that knife off of the defendant.
A: I took the knife off of one of the negroes.
MR. BAILEY: The knife has already been offered in evidence.
From the cross examination by Hon. Samuel S. Liebowitz
Q: You don't know who this knife belonged to?
A: I took the knife off of one of the negroes.
Q: It is a pocket knife?
A: If that ain't the knife it was one just like it, it had a tack out there.
Q: That is the only way you can identify it?
A: That is enough to go by.
Q: Was that the only knife found?
A: No sir, there was another knife found on another negro by Charlie Simmons, but I couldn't swear as to that one.
Q: Two knives.
A: I didn't take the other knife; I took fifty cents in money off of that same negro, a fifty cent piece.
Q: Out of the entire collection of negroes, and there were nine, all that was found was two knives?
A: I think we found a pocket handkerchief
Q: I am not speaking of handkerchiefs, I am speaking of weapons.
A: Two knives is all we found at Scottsboro.
Q: All you found when you searched them were two pocket knives?
A: And fifty cents, yes sir, that is all.
Q: Do you remember which one had the fifty cents?
A: The one that had this knife (indicating).
Q: He had it in his pocket?
A: Yes sir.
Q: What else did he have in his pocket?
A: I think that was all.
Q: Handkerchief?
A: I don't think he had the handkerchief, I think some of the others had the handkerchief; Mr. Charlie Simmons and myself and--
Q: I haven't asked you any questions, I am waiting for you to stop?
A: Al right I will stop.
Q: Did you ask the negro if it was his knife?
A: He said he took it off this white girl.
Q: Did you ask him if it was his knife?
A: He said he took it off the white girl Victoria Price.
MR. LIEBOWITZ: If the Court please, the minute this witness said that, the Attorney General jumped up and dashed over to the door clapping his hands and I want that on the record and move for a mistrial. That is something I haven't seen in fifteen years experience at the bar. The Chief Prosecuting Officer for the State of Alabama conducting himself in that fashion, and he has told me he wants to give these negroes a fair trial--jump up and clap his hands and dash out with a smile and laugh.
GENERAL KNIGHT: You clapped your hands.
MR. LIEBOWITZ: I did hit my hands and I am sorry, I did that and I hope the jury won't consider it.
MR. LIEBOWITZ: I never expected a display of that kind, I am mortified.
COURT: I accept the apology.
GENERAL KNIGHT: I should not have done it.
COURT: The Attorney General regrets it.
GENERAL KNIGHT: I do and apologize to the Court and to the jury and to the opposing counsel.
COURT: The Court did hear a sound, I wasn't looking at it--there doesn't seem to be any dispute in regard to the facts.
MR. LIEBOWITZ: I never saw anything like this in my life.
COURT: Gentlemen of the Jury, don't consider that at all, that is not proper for you to consider and do not let it influence you whatever
GENERAL KNIGHT: I hope it won't influence them.
COURT: Overrule the motion.
Q: Did that negro also say he took the money from the girl?
A: He said he took the knife and fifty cents from the girl.
* * * * * * * * *
Q: Wait a moment-- you didn't say anything in the Scottsboro trial about taking fifty cents from any negro did you?
A: I don't know whether they asked me that question if they asked me I told them.
Q: I will ask you to read over your testimony. It is only a page and a half, and tell the jury whether or not you ever mentioned a work at Scottsboro about finding or taking any money from any negro?
A: (Witness reads testimony) They didn't ask me, if I got fifty cents off them.
Q: Is there anything said there about any money?
A: They didn't ask me.
Q: Even if they didn't ask you, you didn't volunteer that?
A: They showed me the knife and asked me about that.
Q: What did you do with the fifty cents, who did you give that to?
A: Left it there.
Q: You say the negro took it from one of the white girls?
A: I left it there with the knife.
Q: With whom?
A: I think I left it with Mr. Simmons.
Q: Who did you give that knife and fifty cents to?
A: I left it there at the jail in the window where the negroes were put in the jail, left them laying there, everything, handkerchief and everything.
Q: Suppose I told you that yesterday Victoria Price said on this witness stand she didn't have a penny with her, she was broke?
A: (No answer)
Q: That is all come down.