Imágenes de páginas
PDF
EPUB

Senator TYDINGS. Had the sheriff ever handled any order for a writ of habeas corpus from the district court before to your knowledge!

Mr. Waits. Not to my knowledge, sir.
Senator TYDINGS. How do you

think the sheriff knew when he received that order for the writ of habeas corpus that he could rearrest the prisoners right after it was issued, if he had never had any experience before with a writ of habeas corpus and usually the writ of habeas corpus frees people from jail ?

Mr. Waits. I couldn't answer that, sir.

Senator TYDINGS. Do you think anybody had any conversations with him?

Mr. WAITS. That I don't know, sir.

Senator TYDINGS. Did you suggest to him that he could rearrest the people?

Mr. WAITS. I did not, sir.

Senator TYDINGS. Do you know whether the judge had anyone else call him?

Mr. WAITS. I do not, sir.

Senator TYDINGS. Do you have any idea where he got his information or how he knew that he could rearrest them?

Mr. WAITS. I do not, sir.
Senator TYDINGS. No further questions.

Senator HRUSKA. Mr. Waits, what does Rule 15 of the local practice in the Federal court provide ?

Mr. WAITs. Rule 15 of the local rules of the Northern District of Florida provide—it deals with writs of habeas corpus, sir. .

Senator HRUSKA. The fees on habeas corpus?

Mr. Waits. No, sir. Rule 15 has to do with, well, the filing of petition for writ of habeas corpus, yes.

Senator HRUSKA. Will you read it for us.
Mr. Waits. Yes, sir.

United States District Court Northern District of Florida. Order amending general rules of practice. Upon consideration it is hereby ordered that the general rules of practice of the Northern District, of the United States District Court Northern District of Florida are amended by adoption of the following to be effective April 30, 1963 :

Rule 15. Petitions for writs of habeas corpus and motions pursuant to 28 USC 2255 attacking a sentence imposed by this court by persons in custody; petitions for writs of habeas corpus and motions filed pursuant to 28 USC 2255 (attacking a sentence imposed by this court) by persons in custody shall be in writing signed and verified. Such petitions and motions shall be on forms supplied by this court.

That is A.
B. The following information shall be supplied by every petitioner:

1. Petitioners full name, prison number if any.
2. The name of respondent.
3. The place of petitioners detention.
4. The name and location of the court which imposed sentence.

5. The indictment number of numbers if known upon which and the offenses for which sentence was imposed.

6. The date which sentence was imposed and the terms of the sentence.

7. Whether a finding of guilty was made after a plea of guilty, not guilty or nollo contendre.

Senator HRUSKA. Is it much more extended than that?
Mr. Waits. It is two pages, sir, two more pages.

The CHAIRMAN. After all, there was a Rule 15. The testimony this morning was that there was no Rule 15.

Mr. WATTS. Yes, sir. There was a Rule 15 signed by Judge Carswell and dated, done and ordered in chambers at Tallahassee, Fla., this 30th day of September 1963, signed Judge Carswell, United States District Judge.

Senator HRUSKA. I ask unanimous consent that a copy of that rule in its entirety be placed in the record at this point.

Senator BURDICK. Without objection it is so ordered. (The document referred to follows:)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA

Order amending general rules of practice

Upon consideration, it is, hereby

Ordered that the General Rules of Practice of the United States District Court for the Northern District of Florida are amended by adoption of the following, to be effective September 30, 1963.

RULE 15

Petitions for Writs of Habeas Corpus and Motions Pursuant to 28 U.S.C. 2255 (Attacking a Sentence Imposed by this Court) by Persons in Custody.

(a) Petitions for a writ of habeas corpus and motions filed pursuant to 28 U.S.C. 2255 (attacking a sentence imposed by this Court) by persons in custody, shall be in writing, signed and verified. Such petitions and motions shall be on forms supplied by the Court. (b) The following information shall be supplied by every petitioner:

(1) petitioner's full name and prison number (if any);
(2) the name of the respondent;
(3) the place of petitioner's detention;
(4) the name and location of the court which imposed sentence;

(5) the indictment number(s) (if known) upon which, and the offense(s) for which, sentence was imposed;

(6) the date upon which sentence was imposed and the terms of the sentence;

(7) whether a finding of guilty was made after a plea of guilty, not guilty, or nolo contendere;

(8) in the case of a petitioner who was found to be guilty following a plea of not guilty, whether that finding was made by a jury, or by a judge without a jury.

(9) whether or not petitioner appealed from the judgment of conviction or from the imposition of sentence, and, if so, the name of each court to which he appealed, the results of such appeals, the date of such results, and (if known), citations of any written opinions or orders entered therein;

(10) whether petitioner was represented by an attorney at any time during the course of his arraignment and plea, his trial (if any), his sentencing, his appeal (if any), or preparation, presentation or consideration of any petitions, motions or applications which he filed with respect to this conviction; if so, the name and address of such attorney (s) and the proceedings at which petitioner was so represented; and

(11) if petitioner seeks leave to proceed in forma pauperis, whether he has completed the affidavit attached to the form. (c) The following additional information shall be supplied by a petitioner in State custody :

(1) if petitioner did not appeal from the judgment of conviction or the imposition of sentence, the reasons why he did not do so;

(2) in concise form, the grounds upon which petitioner bases his allegation that he is being held in custody unlawfully, the facts which support each of these grounds, and whether any such grounds have been previously presented to any court, state or federal, by way of any petition, motion or application; if so, which grounds have been previously presented and in what proceedings; and

(3) whether petitioner has filed in any court, state or federal, previous petitions, applications, or motions with respect to this conviction; if so, the name and location of each such court, the specific nature of the proceedings therein, the disposition thereof, the date of each such disposition and (if known), citations of any written opinions or orders entered therein. (d) The following additional information shall be supplied by a petitioner in federal custody who is seeking a writ of habeas corpus:

(1) whether petitioner has filed in any court, state or federal, previous petitions for habeas corpus, motions (pursuant to 28 U.S.C. 2255) to vacate sentence, or any other petitions, motions or applications with respect to this conviction; if so, the name and location of any and all such courts, the specific nature of the proceedings therein, the disposition thereof, the date of each such disposition, and (if known) citations of any written opinions or orders entered therein;

(2) in concise form, the grounds upon which petitioner bases his allegation that he is being held in custody unlawfully, the facts which support each of these grounds, and whether any such grounds have been previously presented to any federal court by way of petition for a writ of habeas corpus, motion pursuant to 28 U.S.C. 2255, or any other petition, motion or application; if so, which grounds have been previously presented and in what proceedings; and

(3) if a previous motion pursuant to 28 U.S.C. 2255 was not filed, or if such a motion was filed and denied, the reasons why petitioner's remedy by way of such motion is inadequate or ineffective to test the legality of his

detention. (e) The following additional information shall be supplied by a petitioner in federal custody who is seeking relief by motion pursuant to 28 U.S.C. 2255 :

(1) the name of the judge who imposed sentence;

(2) in concise form, the grounds upon which petitioner bases his allegation that the sentence which was imposed upon him is invalid, the facts which support each of these grounds, whether any such grounds have been presented to any federal court on a previous petition for a writ of habeas corpus, motion pursuant to 28 U.S.C. 2255, or any other petition, motion or application, and, if so, which grounds have been previously presented and in which proceedings; and

(3) whether petitioner has filed in any court petitions for habeas corpus, motions pursuant to 28 U.S.C. 2255, or any other petitions, motions or applications with respect to this conviction; if so, the name and location of each such court, the specific nature of the proceedings therein, the disposition thereof, the date of each such disposition and (if known), citations of any

written opinion or orders entered therein. (f) Where a petition or motion is taken in forma pauperis, petitioner shall complete the forma pauperis affidavit attached to the back of the form and shall set forth information which establishes that he will be unable to pay the fees and costs of the habeas corpus or 28 U.S.C, 2255 proceedings.

(g) Petitions and motions shall be addressed to: United States District Judge, Northern District of Florida, Tallahassee, Florida. Petitioner shall send to the Court an original and one copy of the completed petition or motion form. Done and ordered in Chambers at Tallahassee this 30th day of September 1963.

G. HAROLD CARSWELL,

U.S. District Judge. Senator Cook. Only one question, Mr. Waits, relative to a question from the Senator from Maryland. You have no knowledge really of your own whether this is the first time the sheriff of Gadsden County has had a writ of habeas corpus?

Mr. WAITS. No, sir; I wouldn't know how many he may have had.

Senator Cook. I noticed that the Senator pursued it and you said that to your knowledge it may have been the first time but you have no knowledge.

Mr. WAITs. This is the first time that I had ever had any contact with him about

one,

sir. Senator Cook. All right, sir.

Senator TYDINGS. I wonder where you got a copy of that rule?
Mr. WAITS. Sir?-
Senator TYDINGS. Where did you get your copy of rule 15 ?

Mr. Waits. Sir, rule 15, this copy here, has been attached to the U.S. District Court, Northern District of Florida General Rules of Practice, Bankruptcy Rules of Practice, effective July 1, 1959. This amendment has been attached to this copy of those rules, sir,

Senator TYDINGS. Where did you get your copy of the rule? Mr. WAITS. Where did I get them, sir? Senator TYDINGS. Yes. Mr. Waits. I got them in the clerk's office, Tallahassee, Fla., U.S. district court.

Senator TYDINGS. I have nothing further,

(The Chairman subsequently made the following affidavit a part of the record :)

STATE OF FLORIDA, COUNTY OF GADSDEN, ss : Before me, the undersigned authority, this day personally appeared Otho W. Edwards of Quincy, Gadsden County, Florida, who being by me first duly sworn, deposes and says:

That he was Sheriff of Gadsden County, Florida from February 5, 1944 until January 7, 1969; that during the year 1964, he recalls that warrants were sworn out by the Justice of the Peace in Gadsden County, Florida, for the arrest of Stuart Wechsler and several other defendants on charges of criminal trespass, and in the performance of his duty he served said warrants upon the said Wechsler and the others and arrested them according to the commands of said warrants; that at some point these cases were removed to the Federal District Court of the Northern District of Florida, Tallahassee Division, presided over by Federal District Judge Harrold Carswell; that after these cases were removed to Federal Court, Judge Carswell issued an order directing him as Sheriff of Gadsden County to release said defendants, and on the same day Judge Carswell issued an order remanding the Wechsler proceedings to the Justice of Peace Court in Quincy, Gadsden County, Florida, and ordering the defendants to be released on bond. The order granting petition for writ of habeas corpus and the order of remand were delivered to him by the attorney for the defendants.

Affiant further says that to his best recollection he has never talked with Judge Carswell, either by telephone or in person, about these cases, or, as a matter of fact, about any other court proceedings until he was called on the telephone by Judge Carswell on January 30, 1970, and was asked what his recollection was about receiving notice of the Judge's action in the Wechsler case, and affiant told him he had never had a telephone conversation with him about that or anything else. Affiant further says that his only other contacts with Judge Carswell have been that he testified once in Judge Carswell's court as a witness in a criminal case and he saw him once at a doctor's office in Tallahassee and they exchanged greetings for no more than a minute or two.

Affiant further says that at the time these cases were pending in Federal Court, Marvin Waits of Tallahassee, Florida, was Deputy Marshal in charge of the Tallahassee office and he recalls asking Mr. Waits if he would let him know when the court ruled in the matter so that he might judge his actions accordingly, and pursuant to this request, Mr. Waits did call him and advised him of the orders entered by Judge Carswell on August 17, 1964; that this call by Mr. Waits was in accordance with the routine procedure which existed between enforcement agencies in our area at that time and so far as he can recall this was a courtesy extended to any enforcement agency or officer who made a similar request.

OTHO W. EDWARDS. Sworn to and subscribed before me this 31st day of January, 1970.

BARBARA R. BROWN,

Notary Public, State of Florida at Large. My Commission expires : January 15, 1972. Senator BURDICK. The next witness is Mr. Conyers.

40-399—70-14

STATEMENT OF HON. JOHN CONYERS, JR., A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF MICHIGAN

now.

Mr. CONYERS. Mr. Chairman, I am Congressman Conyers from Michigan. I have been over here all this morning. I have been waiting patiently to testify and will continue to do so. But would you be kind enough to indicate to me approximately when I will be permitted to offer testimony in this matter?

Senator Cook. Mr. Chairman, I would like to move that the Congressman be given the privilege of testifying at this time. Senator TYDINGS. I think he should be given that privilege right

Senator BURDICK. You will be given the privilege without a motion. I did not know the Congressman was here.

Senator HRUSKA. I might say that there had been a request of the chairman by another Senator that Mr. Schlossberg be heard briefly before Congressman Conyers. I do not know if the chairman was aware that the Congressman was here or not. That request did not come from this side of the chairman. It came from the other side of the chairman. I make that by way of explanation, Congressman, because that request was made by another member of the committee.

Senator BURDICK. Proceed, Congressman.

Mr. CONYERS. Thank you very much. In coming before this committee to speak against the appointment of Judge Carswell to the Supreme Court I reflect the considered judgment of my eight other black colleagues who serve in the House of Representatives. This presentation, however, is specifically endorsed by the following:

Congresswoman Shirley Chisholm of New York.
Congressman William Dawson of Illinois.
Congressman Adam Clayton Powell of New York.
Congressman William Clay of Missouri.
Congressman Louis Stokes of Ohio.

The other black members are in business and other activity and had not been able to read this final document, but they are united in the opposition again of this nominee to the Supreme Court.

İf our argumentation against this nominee and the one before him could be heard and understood by the President of the United States, then perhaps you could be spared these continued appearances on my part. I am here again to prevail upon you to establish the basic principle that any person of a racist or segregationist persuasion is per se unqualified to serve on the U.S. Supreme Court. I grant you that this is to some in the Congress a new and strange point of view. There are those who may even consider it un-American, especially when a racist persuasion does not exclude one from either of the other two branches of the Federal Government but we must begin somewhere, must we not?

As is the case so frequently in American politics, this daring suggestion is really not as revolutionary as it first sounds; it is more a matter of practicing what we preach. It is a matter of putting into effect the Tofty platitudes that everyone agrees upon. On August 8, 1968, when he was accepting the Republican nomination to be President, Richard Nixon said:

Let those who have the responsibility to enforce our laws and our judges have the responsibility to interpret them be dedicated to the great principles of civil rights.

« AnteriorContinuar »