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Civil Procedure II, § 04
Mr. French
Final Exam
Spring Semester-1992
The final examination will be on Wednesday, May 6, 1992, at 8:30 a.m. Please arrive shortly before the
appointed time, so that we may commence promptly your interview of me for part of the examination.
1. The examination will be open book - rules, notes, Xeroxed documents, whatever you may conveniently
place near your seat.
2. The examination will be in three parts:
(A) The first part will involve your interviewing me for approximately 15 minutes and then drafting a
complaint based upon what you have discovered during the intake interview. (Please see further
comments below.)
(B) The second part will be analytical question concerning person jurisdiction.
(C) The third part will involve your drafting parts of the opinion of the Third District Court of Appeals
in French v. Inlander. The examination will include a fact statement and then state various issues
framed for the court of appeals to consider. You will write the appropriate judicial response to the
questions posed, considering whether the issue has been properly preserved, whether it may be raised
by the party presenting it, and then considering the correct substantive outcome.
3. The examination will last for four hours, with the first two parts having 25 points each allocated to them.
(The interview will be part of the four hour examination.) The appeal question will have 50 points allocated
to it.
Please budget your time.
MEMORANDUM
To: Junior Associate
FROM: Managing Partner
RE: Intake Interview - Bruce Comly French
Mr. French has called with regard to a problem he has had with several "fascists" - as he calls them - who are
harassing him verbally as well as physically. He appears to have been hit by one of the group's members;
many others have apparently verbally lambasted him.
Please arrange to see him on the 6th, draft a complaint for filing in an appropriate court, and then, should you
need additional information, please note that in papers to accompany the complaint.
DIRECTIONS
1. Place your Examination Number on each page of this examination and on the cover of each Blue Book that
you use.
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2. You must hand in this Examination.
3. Do not respond to any question in such a manner so as to identify yourself.
4. This final examination is worth 100 points. Each of the essay questions is worth the score shown at the
beginning of each question. Do not write on the back of pages. Answer each essay question in separate Blue
Books. Write on one side of the page only, please. Points will be deducted for writing on both sides of the
page.
5. If provisions of the Constitution are applicable to a question, you should include it with your response.
6. You have 4 hours to complete this examination. Please budget your time. You must sign also the sign-in
sheet.
7. When you have completed the exam, fold the examination sheets and place them in the Blue Books. Turn
in examination to front desk.
8. Answer the questions of which you are certain first, allowing greater time for the use of your creative
energy on the more difficult questions. Make sure that you have correctly identified the question by its
number.
9. You are reminded that other students in this course may be taking the examination at some other time.
Therefore, you must not discuss the contents of this examination in the presence of others. The provisions of
the Honor Code apply as well, e.g. that you have neither given nor received unauthorized assistance from any
source.
10. Do not launch into a general essay on civil procedure. Problem solving is the task at hand, not the display
of encyclopedic knowledge. Do not discuss legal doctrine not relevant to this matter to show your general
knowledge of the , course. Do not skirt or avoid an issue just because you are uncertain of the correct answer.
Even if your answer is incorrect, you will receive credit for issue recognition. Do not attempt to hide your
reasoning processes. Disclose your analysis to me.
11. This is an open book examination. You may have access to any materials which fit conveniently around
your seat.
12. If you do not wish to have your grade posted (by exam number) in this course, please place an X by your
number on the exam and blue books.
QUESTION 1. (25 points)
On the six (6) pages which follow - though not necessarily using that much paper - please draft an
appropriate Complaint from the information you have received from the in-class interview of Bruce Comly
French.
Please PRINT the Complaint, allowing spaces between the lines used.
Should you believe that you may need additional information after the interview has concluded, please note,
at the end of the Complaint, the specific information you need and why - and what you would do upon
receiving it. (For example, if you determined that the case should be in federal court but were uncertain as to
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appropriate venue under 28 U.S.C. S 1391, you might say that you need to know what county the party
resides in so that you could determine the court of appropriate venue.)
QUESTION 2. (25 points)
Please defend the proposition that Burnham v. Superior Court, the recent case involving person jurisdiction,
is wrongly decided. In responding to this question, you will want to discuss your understanding of person
jurisdiction both before and after International Shoe and Shaffer.
(Answer this question in Blue Books. You may use any number, but write on only one side of the page,
double-spaced. Failure to follow these mechanical rules, which are designed to ease grading, will result in
grade reductions.)
QUESTION 3. (50 points)
In this question you will, in Blue Books -- written on only one side of the page, double-spaced, with grade
reductions for failure to follow these mechanical rules -- write portions of the opinion of the Third District
Court of Appeals in French v. Inlander. Part of the opinion follows. Do not assume that no other issues on
appeal have been included or omitted; merely respond to the matters herein included.
IN THE COURT OF APPEALS OF ALLEN COUNTY, OHIO
THIRD APPELLATE DISTRICT
Diane W. French and
Bruce Comly French,
Appellants
-vsCharles B. Inlander,
Appellee.
*
*
*
* On appeal from the Court
* of Common Pleas of Allen
* County
*
*
*
*
*
EXAM NO. _________________, Judge
In this proceeding we are confronted with a routine traffic accident case involving property damage and
personal injuries. In that the transcript of the trial before the Court of Common Pleas has been lost, we rely
upon counsels' stipulated facts for appeal.
Diane W. French was driving on February 20, 1990, in a generally easterly direction on Lincoln Highway in
Marion Township, Allen County. In her car were several passengers not, parties to this litigation. At the
intersection of Lincoln Highway and U.S. Route 30, Ms. French collided with a car driven by Charles B.
Inlander of Fogelsville, Pennsylvania, who was traveling from California to his home. Both of the cars were
demolished. Ms. French sustained serious medical injuries and wage loss. Mr. French sues for his loss of
consortium with his spouse.
After many pleadings, consideration by this matter in the United States District Court for the Northern
District of Ohio, Western Division, this matter was tried on March 28, 1992, before the Court of Common
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Pleas of Allen County, Ohio. A petit jury rendered a verdict in favor of the plaintiff in the sum of $1.7
million, after appropriately discounting for the plaintiff's comparative negligence. Thereafter, the trial judge
issued his Judgment Notwithstanding the Verdict.
Numerous errors - perhaps as many as we have ever seen in a case of this nature in this court - have been
alleged. These will be considered in the manner we deem most appropriate.
We reverse and direct the trial judge to reinstate the jury verdict.
ASSIGNMENT OF ERROR NO. 1
The trial court erred by finding the provisions of the Ohio Rules of Civil Procedure permitting service by
mail upon defendants to be unconstitutional.
ASSIGNMENT OF ERROR NO. 2
The trial court erred by failing to dismiss the entire jury venire in that it contained all women save one man in
such a manner as to violate the parties' constitutional rights to due process and equal protection.
ASSIGNMENT OF ERROR NO. 3
The trial judge erred by granting the defendant's motion for judgment notwithstanding the verdict in that
sufficient evidence existed before the jury to allow the jury to return the verdict it did.
ASSIGNMENT OF ERROR NO. 4.
It was plain error for the trial judge not to grant sua sponte a motion for a new trial in that the evidence, even
if sufficient to go to the jury, was so weak as to preclude a judgment in favor of the plaintiff.
ASSIGNMENT OF ERROR NO. 5.
The trial judge erred by not dismissing the action when the owner of the car driven by Inlander (Mr. Dantzig)
and the passengers in Ms. French's car were not joined as parties in this action.
GRADING
Question 1 - (25 points)
Complaint
5
Jurisdiction and Venue and appropriate allegations
Court of Common Pleas of Hardin County, Ohio
U.S. D.C. N.D. Ohio (Western Division)
28 U.S.C. S 1332; 28 U.S.C. S 1343(3)
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5
Tort Allegations
Assault
Battery
Slander
Intentional infliction of Emotional Distress
5
Must discuss potential civil rights
cause of action under 42 U.S.C.
§ 1983, 28 U.S.C. S1343(3) and S1985 - additional defendants
10
Drafting
Agents
John Does
Damages
Short concise statements
- See Transcript which follows Question 2 (25 points)
Personal Jurisdiction question
5
Discussion of Pennoyer and theory; progeny
5
Discussion of International Shoe and theory, progeny
15
Analysis of Burnham
Apply International Shoe progeny to facts of this case
Consider (for 3 points] separate opinions of court
describe a Unified theory
TRANSCRIPT OF INTERVIEW
IN RE: INTERVIEW OF BRUCE COMLY FRENCH
FINAL EXAMINATION - CIVIL PROCEDURE 11
OHIO NORTHERN UNIVERSITY COLLEGE OF LAW
REPORTED BY: AMELIA A. CHENEY... CSR... RPR..
AMELIA A. CHENEY, C.S.R.
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COURT REPORTING SERVICES
Suite 302, 311 Building
Lima, Ohio 45801
228-0368
MR.FRENCH: Amelia Cheney is a Court Reporter; and primarily for the record, I am going to have her
report these preliminary remarks as well, so that we can agree at the end in terms of what I said; so that when
you argue "YOU NEVER SAID THAT" I will have a recording, saying "YES, I DID."
A couple of preliminary matters - one, when you leave, I want you to sign the yellow sheet with your name not your exam number, but just your name that you were here, and place the exam and the blue books that
you have used in the box next to our Proctor. There are additional blue books there, and as I see them running
out, I will acquire additional ones if that is necessary.
When you are answering the questions in the blue book, which means QUESTIONS 2 and 3, please only
write on one side of the page, and not the back, because I will deduct points for having done that. The reason
I want you to do it is because it is easier for me to read. It is for your benefit and not for mine, particularly. I
am going to charge you if you make my job difficult.
With regard to the question on the APPEAL, which is a five part question as we have seen, or as I have
discussed, the reason I am reiterating this is to give the same piece of information to everybody.
Initially, consider the question of - WAS THE ERROR PRESERVED? That is going to be an objective
answer. Either in the trial, or pretrial or at some point in the process of the proceeding, where the error was
preserved. So if it wasn't preserved, then move on to point #2, which is - WAS IT A PLAIN ERROR? The
example I have used for those of you who have asked about it is plain error would be an example where the
Judge said "I HAVE DECIDED TO DISPENSE WITH THE CONSTITUTION TODAY, IN THIS
PROCEEDING, AND WE WILL GO AHEAD ANYWAY" which is obviously wrong. So it almost would
have to reach that magnitude of error for the appellate court to in fact say "THIS IS A PLAIN ERROR, AND
WE WILL IN FACT NOTICE IT, EVEN THOUGH NO ONE PRESERVED IT."
Once you resolve that question, you will move on to the second question, which is - CAN THIS ISSUE BE
RAISED BY THE PARTY - EITHER THE APPELLANT OR APPELLEE BELOW THAT IT WAS
APPROPRIATE FROM THE CONTEXT OF HOW THE CASE IS RESOLVED.
Let's assume that INLANDER wins the case; and that the appellant decision is to affirm the granting of the
judgment n.o.v.; and let's assume one of the errors assigned is that the trial court erred in excluding testimony
favorable to the defendant by the defendant. Obviously the defendant has not been harmed by that error, even
if it be an error, because the defendant has won; and since the defendant had no counter claim in this case, the
defendant was either entitled to win by a judgment in favor of the defendant, or if he lost, it was going to cost
him money in terms of paying the plaintiff money. He never asked for any money himself. So that were the
error alleged and the case had been resolved that to affirm the judgment n.o.v., then you would say ...
INLANDER OR THE DEFENDANT WITH NOT ASSERTING THIS ISSUE ... or however you want to
word it, because he is not harmed by the error.
Then we would move on to the third point, which having resolved that the issue has been saved, that actually
hurts the party in a way that is consistent with the outcome of the case, we now move on to the final point,
which is the merits point.
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The first question you would decide is - WHAT IS THE NATURE OF THE REVIEW? Is it no hope; is it
abusive discretion, what can the appellate court do about that particular problem. Then you would tell me
that. You would then go ahead and resolve that particular error again consistent with the outcome of the case.
The five errors that I have alleged, that you ought to consider, are either raised by the appellant or by
INLANDER, as a cross appellant. So don't perceive the five errors are the ones raised by Diane, on appeal.
They perceived that they are there - not in a coherent rational manner. The OPINION will say something to
the effect of... NUMEROUS ERRORS HAVE BEEN ASSIGNED. THE COURT IS CONSIDERING THEM
IN THE FASHION THAT THE COURT BELIEVES TO BE APPROPRIATE; AND THEY ARE 1,2,3,4,5.
So there will not be any relationship particularly to who raised them; or whether or not conceptually this was
the first error, this was the second error, or this was the third error. The Court is just saying ... THIS IS THE
WAY WE ARE GOING TO WRITE OUR OPINION. So you will consider those errors in light of either
party may have raised them; and that will, of course, be influenced by the ultimate appellant outcome of the
case.
If the defendant wins, obviously errors that he may have raised will be found in his favor, or if he won
notwithstanding the error, obviously the error is unavailable for him to pursue.
I think when you see the questions, you will see that of the five, two are very straightforward; one is not; one
is one that you if you have been listening on occasion, you probably know the answer to it. The fifth one I
forget. So that is the overall structure of the examination.
All of you will receive credit for past participation; all of you were called upon, and if you were absent or
made a fool of yourself, you have vindicated yourself subsequently; so in terms of that part of the credit,
everyone is satisfactory.
With regard to class attendance, those of you who received epistles from me in regard to your absences that
have not yet been resolved, today is the day to resolve them with my secretary if they are to be resolved. I
have not reviewed those myself personally in terms of who that means, so if you received a memorandum, or
you think you have absences, and you have a quasi legitimate excuse, then it seems to me you ought to try
and resolve that today. Those are just flat five point losses of credit of f of the top in terms of your class
break. So they have significant consequences in that grades tend to bunch. Just a five point loss would drop
you from seventy nine to a seventy four. I can assure you that will have a consequence. So that is an issue
you need to resolve, if you can.
Are there any questions over what I have said thus far, and then we will move onto the interview?
VOICE: I was wanting to know what you said about the blue books?
MR. FRENCH: Follow the instructions that are in the examination, but write on one side of the blue book.
Identify your answer in the blue books. Answer different questions in different blue books, so I can grade
them. I try to grade them separately, so I can keep the answers straight in my mind.
VOICE: Will your secretary have an attendance sheet with all the absences listed, so we can make sure?
MR. FRENCH: Yes.
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VOICE: How many are we aIIowed?
MR. FRENCH: You are allowed two absences, and beyond that you need excused absences. So if you only
have two, that is satisfactory.
Let me make sure you are clear on this situation. If my memorandum says you have at least two absences, I
would not therefor feel compelled to give you further notice if you acquired a third absence. Those know
what day you got those memorandums, we calculate those; and if we in fact backed for and give you credit
for one of the days you missed, and you went back to one absence, I would not give you a new notice, if you
went over two again. I am required by the rules of the university to put you on notice you are on the trouble
list; but I am under no obligations to give you further notice.
Are there any other questions on the preliminary matters?
NO RESPONSE.
MR. FRENCH: You will have until 12:30 to finish the exam; and then why don't we turn to the
INTERVIEW, which will be the basis for the COMPLAINT, which is QUESTION #1.
Are we going to have questions at random, or are we going to have a more focused approach?
VOICE: A more focused approach.
MR. FRENCH: Who is going to ask the questions?
VOICE: I am.
MR. FRENCH: Why don't you move a little bit closer so the court reporter can get ahold of your answers
better. If anyone cannot hear the question or the response, please raise your hand, because this is part of your
exam, and you want to have as much information available as possible.
(ANSWERS TO FOLLOWING QUESTIONS BY BRUCE FRENCH)
VOICE: State your name and address?
BRUCE COMLY FRENCH 165 TOLOWA . . . . T 0 L 0 W A. . . . TRAIL, LIMA, OHIO
45805.
VOICE: What are the names and addresses of the persons you are complaining about?
WelI, one person's name is Jody P 0 W E L L... And the only address I have fore him is
AMERICUS.... A M E R I C U S, GEORGIA. I also know the name of David Holland. He is the
Grand Dragon of the Southern White Knights of the KLU KLUX KLAN. He is in Atlanta,
Georgia. He is pretty slippery, you know; so he doesn't have actually a street address. He has a
P.O. Box; and the P.O. Box is P.O. BOX, Freedom.
Then there are two other people who were part of the organization who were harassing me; and I
don't know what their names are; but they certainly are too -- two men and one woman.
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VOICE: It was three people?
Yes, two men and one woman--three additional people.
VOICE: What is the other persons' last name?
Holland... H 0 L L A N D.
VOICE: You say there were three parties?
There is Jody Powell, Dave Holland who is the GRAND DRAGON, and then two men and one
woman, who are unknown.
VOICE: Describe the events you are complaining about - the location and time of day?
Yes, all right I was giving a speech on May 2, 1992, on the Hardin County Fairgrounds H A R D
I N in Kenton, Ohio K E N T 0 N, because I was running for the STATE GENERAL
ASSEMBLY OF OHIO. My speech was discussing civil rights; and how offensive I believed the
KLAN'S behavior was; and the people I have named, including those whose name I do not
know, came up to the area where I was speaking, and began yelling at me to stop - calling me a
pervert, a Communist, a homosexual, transvestite, and a public masturbator. That is three
separate words; and I didn't see what was wrong with the last item, since other public officials
did it. Anyway, they interrupted my speech and made me stop, and Jody Powell came up and
punched me in the eye, knocking me over, and breaking my glasses. One of the other unknown
people then began kicking me. I had on these big cowboy boots with spurs. As I essentially
crouched or curled up into the fetal position to protect myself and my progeny, I fell to the
ground and broke my arm. At that point, I go blank. I don't know whether I passed out from
shock or whether I had a concussion; but at that point, I don't have any recollection until I arrived
at some hospital.
Later, I discovered that the BKP... B as in BOY; K as in KITTEN; P as in PAUL, RESCUE
SQUAD had taken me from the fairgrounds to HARDIN MEMORIAL HOSPITAL in Kenton;
and that the whole time involved here was about nine minutes, from when I passed out until
when I arrived at the hospital.
VOICE: What hospital was it?
HARDIN MEMORIAL HOSPITAL.
VOICE: What was the name of the rescue squad?
It is called BKP RESCUE SQUAD... B as in boy; K ..kitten; p...Paul.
VOICE: Do you know the distance between the HARDIN COUNTY HOSPITAL and the Hardin County
Fairgrounds?
Approximately six miles. I discovered why there was such a prompt rescue, was the rescue squad
was physically on the fairgrounds proper.
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VOICE: What was the date of this incident?
May 2, 1992.
VOICE: Did you say that Jody Powell punched you?
Yes, Jody Powell punched me in the eye, and broke my glasses
VOICE: Are you certain he was the one who punched you?
Well, I am not sure whether I was being punched by one of the people whose names I don't
know, or as I began to crouch was punched and stomped on at that time. I am not sure of the
sequence of events at that time.
VOICE: How do you know there were three additional people in addition to the ones that you named, since
you passed out?
I saw them coming at me before they attacked me - when they were yelling at me to stop
speaking. I saw the group then.
VOICE: Were the police anywhere in the vicinity or did they they have any knowledge that this protest was
coming about?
No.... not to my knowledge.
VOICE: Were there any police on the fairgrounds to your knowledge?
I think there were deputy sheriffs of Hardin County, although I don't recall having seen any
immediate approximate to my location.
VOICE: What is your normal occupation?
Normally, I am a law professor.
VOICE: Have you given speeches like this before?
Yes, I have given speeches of this nature in Ada, often. In fact my polemic is well known to my
students; but I have never given a speech in Kenton, while running for public office.
VOICE: Have you ever met these persons before?
No, not to my knowledge.
VOICE: You say - do you know if they are all members of the KKK?
They were all wearing identification in terms of --- they didn't have on hoods; but they had on
white robes, which said. . . KLAN INVISIBLE EMPIRE FOREVER, and that is how they were
dressed. They were in a group. I don't have any other information other than what I have shared
with you. I don't know for a fact they were all together; but they seemed to be operating together.
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it seemed like this guy, Holland, was really the ringleader of it; and he was kind of haranguing
the people with whom he was with, to stop my speech as well as to assault me.
VOICE: How long were you in the hospital; and how large were your medical bills?
I was in the hospital for a week; having my arm set, and receiving treatments to remove the glass
from my eye.
VOICE: How large were your medical bills?
I haven't received them all yet; but so far, they are $15,000.00.
VOICE: Were there any other people beside these group members in the area?
Well, there were people at the FAIR, walking around the fairgrounds where there were other
people, and also on the midway, as there had been during the day - people kind of going up and
down, and going to various booths. I don't have any specific recollection of them at this point ...
no. I was kind of talking with a microphone to the people as they were passing by; and this group
kind of came up, and that then became the focus of my attention.
VOICE: Do you know if the fairgrounds had any type of security present?
As I mentioned before, there were some deputy sheriffs on the grounds; but they were, as far as
my understanding, their role was largely for medical care to get an ambulance there if needed not really for security purposes.
VOICE: Do you think this trial should go before a jury or a judge?
Oh, think a jury is critical in this matter. People will be outraged by this behavior, I am certain.
VOICE: Are you popular in Hardin County?
Well, the election hasn't been held yet. So we'll have to withhold judgment until the election.
VOICE: Would you be more comfortable in a Hardin County Court?
I assume it is scheduled to be Federal Court, just because of the nature of the violation.
VOICE: Are you well known for giving these types of speeches? Were the Hardin County Fairground people
aware that you were going to give this type of speech, or did you just show up with a microphone and start
yelling out at the crowd?
No, I had rented a booth, in terms of advancing my candidacy for GENERAL ASSEMBLY. I
was speaking into a microphone that essentially reached those who were approximate to my
booth. It didn't blare out over the fairgrounds; and just those who were walking by the booth,
could hear what I had to say.
VOICE: Did the fairgrounds have any reason to believe that you were going to talk about civil rights, or bring
this type of attention?
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I don't know. There were other political candidates there, discussing their candidacy. I do not
know whether they had specific knowledge about this. I don't blame the fairgrounds at all. I don't
think they operated in any improper manner. They allowed me a forum to speak; and they had
the kind of normal security they would have, which is not very much. It was really this kind of
outlaw gang basically that came upon me; and I think everyone responded as quickly as they
could, once they saw the disturbance. No, I have no complaint with the Fair Board.
VOICE: Was there anything said or done that led you to believe that the members were working under the
control of Mr. Holland?
He seemed to be in charge and he started the chanting of . . . . "PERVERT, COMMUNIST,
MASTURBATOR -- LET'S GO GET HIM." Then the group kind of surged up to my table
where I was standing; and then Jody Powell-the only reason I recognized who Jody was, is that I
have seen him on television. I have also seen Holland on television. It wasn't from any particular
knowledge of that event; I have just seen them on TV, and I recognized their face.
VOICE: You have stated that the damages to you up to this point, have been $15,000.00, and nothing else?
Yes... no lost wages or anything. Of course, it has been very embarrassing; and it has interfered
with my candidacy because I have not been able to campaign, because I have been injured, and
so it has injured me in my candidacy.
VOICE: And you think that Jody Powell was the one who instigated this?
I am saying that Jody Powell was the one that punched me; but Holland was really the one kind
of urging everybody on. I have since discovered that Holland is the GRAND DRAGON of the
KLAN. So he really is the person in charge of the group.
VOICE: When they were coming toward you and verbally assaulting you, did they do anything to lead you to
believe they were trying to throw you out?
No, not initially. I just took it they were opposed to my message, and they were shouting trying
to drown me out, and that would be the end of it. When I kind of stopped talking because they
were drowning me out, I figured they would just go away. I was standing on my table like this,
talking; and then at that point I kind of stepped down, thinking it was all over, and that is when
they kind of rushed me.
I thought they had achieved their objective which was shutting me up, but that was not enough
apparently.
VOICE: Is that standard practice for candidates to stand on a table when addressing a crowd?
Oh yes, all kinds of stunts are pulled.
VOICE: Did you notice any of the KLAN members in the outfits, wearing the OHIO BRANCH
identification?
No, I am pretty sure they were all from the outside. One of the sheriff deputies told me
afterwards that they got into a car with a peach on the license plate, saying DEKALB COUNTY;
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and he said it roared out of the fairgrounds. I think as far as I could tell that everybody was from
out of state.
VOICE: Do you have any witnesses to corroborate all this, and seeing these men; and the fact you were
attacked?
Yes, the people on my campaign committee.
VOICE: Was anyone else attacked?
No, I was the only victim.
VOICE: Has this adversely affected your representation on the committee?
Well, I think so. Amongst some, I think it has improved it. Amongst others, I am now a laughing
stock; but I would say it has been more of a harm than a benefit.
VOICE: Is there any truth to any of those statements they were making?
Let me see.... no, not in the last ten years.
VOICE: Has this now made you apprehensive about speaking to large crowds?
No, no. It has emboldened me, to think that my rights are so easily trampled upon by the fascist
element in our society.
VOICE: You have no fear or hesitation now about being rehit again?
Well I prefer not to be hit again; but I am willing to take the consequences. In fact, I am now
leading a march to Forsythe County, Georgia, to confront the KLAN directly in their home
territory.
VOICE: I believe you stated it did affect your candidacy. How did it affect it?
Well, I have not been able to campaign; because I have been under medical care.
VOICE: Could you estimate how much money you lost by this, or how much time you lost in campaigning?
The primary is in June, so I lost a week's time in the heart of the primary season. So I may lose
the primary as a result of it. I cannot calculate the dollars that was lost.
VOICE: Is this your first time to seek office?
Yes, first office.
VOICE: What kind of relief are you looking for as a result of this incident?
Money, and damages in terms of having them stop doing this again.
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VOICE: Did you have any time dated materials specifically for that week for your campaign, or anything that
had to be done that week?
No.
VOICE: How much money do you want?
I don't know - probably a quarter of a million dollars would be adequate, plus my medical bills.
MR. FRENCH: Let's take a few more critical questions if you can think of them; otherwise, let' s proceed.
What other information do you need? Part of it is what other information do you need; and if you haven't
gotten it all, that is not critical.
VOICE: You said you thought that all of these people were from out of state. Do think this KKK was also out
of State?
Yes, this particular branch of the KKK is located in Georgia.
VOICE: Do you know what the branch name is called?
Whatever I told you initially. SOUTHERN WHITE KNIGHTS OF THE KLU KLUX KLAN OF
AMERICA.
VOICE: Do you have their address?
I indicated earlier it was P.O. BOX FREEDOM, ATLANTA, GEORGIA.
VOICE: What time of day did this occur?
One o'clock in the afternoon.
MR. FRENCH: Let's stop the interview at that point ; and turn over to the exam, and proceed on the exam.
WHEREUPON INTERVIEW WAS CONCLUDED
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