Mr. SHORTER. They were in time for the very last election. Mr. SHORTER. No, sir. Senator ERVIN. They used to have a poll tax in Georgia. When was that abolished? Mr. SHORTER. I don't know the year. Mr. WALDEN. About 1945. Senator ERVIN. That's all. Mr. SLAYMAN. Did you have any other people with you? Mr. WALDEN. That's all. Senator ERVIN. Mrs. Beatrice Young is listed as the next witness. Do you have a prepared statement? STATEMENT OF MRS. BEATRICE YOUNG, JACKSON, MISS. Mrs. YOUNG. That's right. Senator ERVIN. Your address is 525 Campbell Street, Jackson, Miss. Mrs. YOUNG. Yes. Senator ERVIN. You still live there? Mrs. YOUNG. That's right. Senator ERVIN. Do you wish to present your prepared statement at this time? Mrs. YOUNG. Yes, sir. Senator ERVIN. You may proceed. Mrs. YOUNG. Mr. Chairman and members of the committee, my name is Mrs. Beatrice Young. I live at 525 Campbell Street, Jackson, Miss. On the 25th of November 1956, my sister whipped her little girl and the following day, which was November 26th, Deputy Sheriff Andy Hopkins called my house about 5:30 in the afternoon and asked me if Mildred McGee (my sister's child) was at my home. I said, "No," and he said, "If you have her it is going to cause you a lot of trouble." I said, "No, not any at all because she is not here." He then said to me that he was going to come over and search the house. I told him to come ahead and bring a search warrant. He told me he did not need a search warrant to search my house and called me a smart black soand-so. I told him I knew the law and that if he came he had better bring a search warrant, and that I didn't like the idea of his cursing and was not going to have it. I hung up in his face. About an hour and a half later, Deputy Hopkins knocked on the door and I opened it but did not unlock the screen door. He said, “Do you want me to kick this door down, or do you want to open it?” I said, "I will open it if you have brought a search warrant like I told you to do." He said, "You better open the door." I asked him again, "Do you have a search warrant?" He said, "Yes, open the door and I will give it to you." I opened the door and he hit me in the head with his blackjack and came in. I asked him why he hit me but he didn't answer. I asked him again and he hit me in the mouth and told me to hush and that I was under arrest. I told him I had not done anything and if I was under arrest to take me to jail and stop cursing me. On my way to jail, Deputy Hopkins asked me if I was working and for whom I worked. I told him no one. He asked me where my husband worked and I said, "For the Government." He then said he always found that Negroes working for the Government were always smart and that this time it was his damn wife. He asked me if I had a lawyer, and I told him "No." He cursed me and took me to jail. There was a man with him but he told the man not to come inside with him because he wanted to take me in all by himself and that he had some work for me to do. When we got inside, I asked Deputy Hopkins if I could use the phone to get someone to stay with my children. I called Mrs. Era Pitman who lives on Whitfield Mills Road. We then went upstairs and there Deputy Hopkins asked me my name and age. He said, "When I called you and came out you asked me for a search warrant didn't you?" I said, "Yes." He said, "I can give you 30 search warrants," and he started hitting and cursing me. I told him I had not done anything and for him to stop hitting me. He did so for a few moments. I began to talk to him and told him that I had had an operation on my head. The jailer sitting at the desk had not opened his mouth until then. He (Mr. Boteler) said, "Girl, let me see where had your operation." I went to show him and he hit me on the head. I told him that I was 2 months' pregnant. Mr. Boteler felt my waist and asked me what I had on. I said "a girdle." Deputy Hopkins said, "I thought you had a little boy at home." I told him I did. He asked me how old he was, I said, "15 months." He said, "And you're pregnant again?" I said, "Yes." He said, "I understand you stay that way, you black so-and-so. He began pacing back and forth and said, breathlessly, "I ought to kill you for all the trouble you have caused me." He started beating me again, all over the head, shoulders and body. A few minutes later, he turned me over to Mr. Boteler and told him to lock me up in a room on the fourth floor. When we got to the door of the cell, Mr. Boteler said, "Wait a minute," and kicked me in the cell. The following morning about 5:30, Mr. Boteler came to my cell and told me to come to the door. I told him I was unable to do so because I was sitting in the corner. He asked me if my so-and-so was sore. I said, "Yes." He said, "in a minute my buddy (Deputy Hopkins) will return and we are going to take you out and beat you again." About 9:00, Deputy Hopkins came and said, "I started to kill you last night. If you live to get out of here and give me any more trouble I am going to kill you." He asked me for my telephone number. I gave it to him. He called my husband and told him I was in jail, and that I needed to be home with my children and asked him if he was going to come and get me. He reported later that my husband was not coming after me and from the way he talked he was also smart and he wished he would come so that he could give him the same treatment. About 11:30, Lawyer Stockdale called and told them to release me. So I was released and went home. On November 26 I went to Dr. Long (a white doctor) who treated me for bruises and soreness. He gave me some pills and told me to stay in bed for a week. On December 1, I went to Dr. Miller for further treatment and on December 3, I lost my child, as stated in Dr. Miller's medical report. I have a copy of it here. (The report referred to is as follows:) DR. W. E. MILLER, 1040 Dalton Street, Jackson 3, Miss., December 10, 1956. MEDICAL SUMMARY OF THE CASE OF BEATRICE YOUNG To Whom It Concerns: The following is a brief summary of the case of Beatrice Young: Name and address: Beatrice Young, 525 Campbell Street, Jackson, Miss. History: On December 1, 1956 the above patient came to the office complaining of pains and soreness in the head, back, stomach, hips, left shoulder, arms, and legs. She stated that she was beaten by a deputy sheriff or an officer of the law on November 26, 1956 and had been treated by another physician prior to this visit. On November 23 the patient was examined by me and a diagnosis of pregnancy in 2d month was made. Examination: Physical examination revealed a colored female about 30 years old apparently in severe pain and discomfort. Temperature 98.6; pulse 86; respiration 22; blood pressure 130/82; height 65''; weight 155 pounds. Multiple contusions and bruises are present on the left side of the scalp, left shoulder and arm, right arm, left and right hips, left and right thighs anteriorly and posteriorly. The abdomen and pelvic region are tender. Sedatives and progesterone were administered. Bed rest and inactivity were advised. Course: The patient returned on December 3 complaining of intense recurring pelvic pains and the passing of blood from the vagina. Examination revealed that the cervix was patent and that the uterus was contracting at intervals of 20 minutes to 30 minutes. Appropriate treatment was given and the patient was referred to the hospital if the pains continued. The patient continued to have pains and passed a foetus with placenta that night. She was hospitalized December 4 and 5, 1956 at the Jackson State College Health Center, and returned home to remain in bed and inactive for the next week. Prognosis: At present time no complications have occurred. The patient is under professional care and treatment. (Signed) W. E. MILLER, M. D. Mrs. YOUNG. There is a report being circulated whose source is the Hinds County Courthouse relative to a monstrous allegation that I had a criminal abortion. Such a statement is a calculated falsehood emanating from the minds of prejudiced, sinful men whose only desire is to try to be relieved of the accusation of having been responsible for my losing my child. I want it known here, now and always that the reason I lost my child is because of the sick minds of the men mentioned above. God forbid such injustices. Gentlemen, I beg of you to do something to stop these un-Godly acts. Thank you. Senator ERVIN. You testified before the House committee about this matter? Mrs. YOUNG. No. Mr. MITCHELL. No, we submitted a statement. Senator ERVIN. You submitted a statement? Mr. MITCHELL. Yes. Senator ERVIN. And do you know James Etta Jackson? Mrs. YOUNG. Yes. Senator ERVIN. Do you know Mildred McGee? Mrs. YOUNG. Yes. Senator ERVIN. Mildred McGee is the daughter of James Etta Jackson? Mrs. YOUNG. That's right. Senator ERVIN. The origin of this trouble was that you were alleged by James Etta Jackson to be keeping her daughter Mildred McGee in your house against the will of her mother James Etta Jackson? Mrs. YOUNG. That's right. But she wasn't there. Senator ERVIN. That was the occasion for these officers coming there, wasn't it? Mrs. YOUNG. That's right. Senator ERVIN. Do you want to ask any questions? Mr. SLAYMAN. No questions. Senator ERVIN. I present for the record a copy of an affidavit which I am advised by Senator Eastland's office has been filed with the House Committee. It reads as follows: STATE OF MISSISSIPPI, County of Hinds: Personally came and appeared before me the undersigned authority in and for the jurisdiction aforesaid, A. L. Hopkins, who having been first duly sworn by me on his oath says: On the 26th day of November 1956 James Etta Jackson, a colored female of 5544 Gault Street, Jackson, Miss., came to the Chief Deputy Sheriff's Office located in the Hinds County Courthouse, Jackson, Miss., and asked for assistance in locating and returning her 16-year-old daughter, Mildred Magee, to her home. James Etta Jackson stated that on the night of November 25, 1956, she found her daughter, Mildred Magee, in a beer tavern, demanded that she leave and accompany her home which Mildred Magee refused to do and it became necessary for James Etta Jackson to "frail" the said Mildred Magee. James Etta Jackson then reported that her daughter then accompanied her to her home but later that evening ran away and returned early the morning of November 26, 1956, while James Etta Jackson was absent from home and took most of her wearing apparel. James Etta Jackson stated that she attempted to locate her daughter and ascertained that she was at the home of her aunt, Beatrice Young, 525 Campbell Street, Jackson, Miss. James Etta Jackson further stated that she had contacted her sister, Beatrice Young, in an attempt to ascertain if Mildred Magee was hiding in her home. According to James Etta Jackson, Beatrice Young denied that Mildred Magee was or had been at this residence but further stated that "if she were there that she would not reveal this information to James Etta Jackson because she felt that Mildred Magee was being mistreated at home." After ascertaining from James Etta Jackson that she had sufficient information that her daughter had taken refuge in the home of Beatrice Young and that Beatrice Young was planning to send this juvenile girl to St. Louis, Mo., against the will and wishes of her mother, I then called Beatrice Young by telephone (5-5584), identified myself and explained to her that her sister, James Etta Jackson, was in my office requesting assistance in locating her daughter, Mildred Magee. I was informed by Beatrice Young that Mildred Magee was not at her residence and had not been there that day. She further informed me that she would not reveal the whereabouts of Mildred Magee if she knew where she was. She then informed me that I was welcome to come to her house and satisfy myself that Mildred Magee was not there. She further informed me that she was employed by an attorney-that she "knew the law and you god damn sure better not come out here without a search warrant." She then terminated the conversation by hanging up the receiver. I then explained to James Etta Jackson that I had no jurisdiction to go into the home of Beatrice Young without a warrant for her arrest or without a search warrant for her home. She then asked where she could go to sign the necessary papers and was told that it would be necessary for her to sign them before a justice of the peace. Judge James Barlow was contacted by public service and requested to wait in his office until James Etta Jackson arrived to sign an affidavit against her sister Beatrice Young. Sheriff Albert Jones and I, accompanied by James Etta Jackson, proceeded to Judge James L. Barlow's office, 400 West Capitol St., Jackson, Miss., where James Etta Jackson signed an affidavit against Beatrice Young for contributing to the delinquency of a minor. Judge Barlow then issued the warrant and Sheriff Jones and I proceeded to the home of Beatrice Young at 525 Campbell St., Jackson, Miss. Constable Allen Ray Moore of the first district of Hinds County led us to this address as we were unfamiliar with this section of the city. Upon arriving at the home of Beatrice Young, I knocked on the door and a colored woman came to the door and without unlocking the door said "Who is it?". I advised her that it was the sheriff and a deputy. She then unlocked and opened the door and said "Have you got a search warrant?" to which I replied, "I do not have a search warrant but I do have a warrant for your arrest" (the sheriff, Constable Moore, and I had already stepped inside the living room at this time). She said, "Well go ahead and arrest you god damn white son-of-a-bitch" and then struck at me with her fist. At this time Beatrice Young was restrained by me. She was not struck or beaten. She was then accompanied to the sheriff's automobile by Sheriff Jones and me and brought to the Hinds County jail. The allegation that the door to this residence was broken down, that Beatrice Young was beaten or mistreated in any way is not based on the facts. She was restrained after being placed under arrest, brought to the Hinds County jail, booked in the proper manner and incarcerated. Upon arriving at the Hinds County Couthouse, Sheriff Jones accompanied Beatrice Young and me to the fifth floor of the courthouse which houses the jail. He then returned to his office and Beatrice Young was booked on the jail docket at 6 p. m. and placed in a cell on the fourth floor of the jail where she remained until the following day when her husband made arrangements for her release. Beatrice Young entered pleas of guilty on November 27, 1956, to contributing to the delinquency of a minor and to resisting arrest. After entering these pleas, she paid a fine in Judge Barlow's Court and was released. At no time did Beatrice Young state to me or to anyone else in my presence that she was pregnant nor did she appear to be pregnant. Neither did she state that there was previous injury to her head or to any other part of her body." This the 19th day of February 1957. [s] A. L. HOPKINS, C. C. D. S. Mr. MITCHELL. Mr. Chairman, I think Mrs. Young is prepared to say that she has not paid any kind of a fine. You did not appear before any judge? Mrs. YOUNG. I really haven't. I just know Judge Barlow. Senator ERVIN. Do you know whether your husband went before Judge Barlow and paid a fine for you? Mrs. YOUNG. No, he didn't go before Judge Barlow because he doesn't know him. Mr. MITCHELL. This matter is before the Department of Justice and I am very happy that we have here this kind of a statement and I think in the long run it will be shown who was right and wrong in this situation. The tragedy of this is that here apparently was a family quarrel which in any reasonable community would have been probably settled by a couple of telephone calls. Instead here is the elaborate machinery of the law invoked with a couple of deputy sheriffs to go after one woman and bring her down to the jail. Then, there ensued these events which led to a condition which resulted in the loss of her child. It is impossible for me to understand how the people of Mississippi aren't more concerned about the injustice and inhumanity of that situation than they are about trying to file this sort of statement which tends to discount the whole thing. Senator ERVIN. I had no knowledge about the matter myself. I apparently heard some part of both sides of the thing, and having no knowledge of it, of course, on the other hand if the statement is correct that her sister applied for a warrant against her and the officers hadn't |