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J. W. MILAM AND ROY BRYANT

TRIAL TRANSCRIPT

SUMNER, MISSISSIPPI

SEPTEMBER 19-23, 1955

IN THE CIRCUIT COURT

SECOND DISTRICT OF TALLAHATCHIE COUNTY

SEVENTEENTH JUDICIAL DISTRICT

STATE OF MISSISSIPPI

STATE OF MISSISSIPPI )

VS. ))

J. W. MILAM and ) No. __________ ROY BRYANT ) INDICTMENT - MURDER

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Proceedings of Trial At September Term, 1955 In Sumner, Mississippi

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I N D E X

WITNESSES

• Mose Wright For the State: Direct Cross Re-Direct Re-Cross
• ChesterC. A. Strickland A. Miller 8064 74 76,94
• GeorgeRobert SmithHodges 85100 87 91,116,128 121,
• B.John L. EdMims Cothran 133110 137,159
• C.F. (Chick) Nelson
• MamieWillie Bradley Reed
• AddAmandy Reed Bradley
• Mrs.Mrs. RoyJ. W.Bryant Milam 258277 For the Defendants:
• H. C. Strider 281 287 292,302
• Dr.H. D.L. MaloneB. Otken 293306 298318 301,
• LeeLee RussellMcGarrh Allison 322327
• L.James W. BoyceSanders 330333
• Harold Terry

ORGANIZATION OF COURT

STATE OF MISSISSIPPI )

TALLAHATCHIE COUNTY ))^ In^ the^ Circuit^ Court SEPTEMBER TERM. 1955 BE IT REMEMBERED, that a regular term of the Honorable Circuit Court of the Second District of the County of Tallahatchie, State of Mississippi, convened in the town of Sumner, in said County and State, on this, the 19th day of September, 1955, at the time and place designated by statute for the convening of said Court: Present and presiding: Hon. Curtis M. Swango, Jr., Circuit Judge, Seventeenth Judicial District of the State; present, Hon. Gerald Chatham, District Attorney; Hon. Robert B. Smith, III, Special Assistant to the District Attorney; Hon. Hamilton Caldwell, County Attorney; H. C. Strider, Sheriff; Charlie Cox, Circuit Clerk; and James T. O'Day, Court Reporter: Court being duly and regularly convened by proclaim- ation of the Sheriff, the following proceedings were had, to wit:

liminary statement? MR. CHATHAM: No Sir. The District Attorney, for and on behalf of the State of Mississippi, then and there introduced the following testimony and evidence, that-is-to-say: FOR THE PROSECUTION MOSE WRIGHT, a witness introduced for and on behalf of the State, being first duly sworn, upon his oath testified as follows: DIRECT EXAMINATION BY DISTRICT ATTORNEY CHATHAM: Q Will you please state your name to the Jury? A Mose Wright. Q Uncle Mose, where do you live? A Money. Q Is that Money, Mississippi? A Yes, Sir. Q And where is Money with reference to Philipp in Tallahatchie County? A It is -- I think it is about north, maybe northeast. Q Do you mean Philipp is north of Money? A Yes, Sir, that is what I think. Q How long have you lived in that community, Uncle Mose?

A Ever since '46. Q And on August 28th, of this year, where were you living near Money? A Where was I living? Q On whose place were you living? A Mr. G. C. Frederick. Q And in which direction from Money is Mr. Frederick's place? A East. Q And about how far from Money is that? A Three miles. Q Uncle Mose, are you a married man? A Yes, Sir. Q How much family do you have? A Oh, I have twelve. Q You have twelve in your family? A But they are not all with me, you know. Q In August of this year, how many of your family were living with you there at your home, living with you and your wife there? A There was only me, and my wife and three children. Q There was you, and your wife and three children living there at that time. A Yes, Sir.

A It is fifty some feet, I think, about fifty feet. Q Are there any trees in your yard between your front porch and the road? A Yes, sir. Q Now, specifically on the night of August 27th, Sat- urday night, August 27th, who was there at your home at bed- time? A Well, at bedtime, there was Curtis Jones, my grandson; and Wheeler Parker, my grandson; and Emmett Louis Till, my nephew -- I am his uncle; and Lillybeth Wright, my wife; and Maurice and Robert and Simon, my sons. Q Uncle Mose, tell the jury about what time that Sat- urday night your family went to bed. A. My wife was already in bed. Of course, myself and the boys, we went to bed about one o'clock. We had went to Greenwood that night, and we came in about one o'clock. Q Had you, and your wife and all the members of your family been to Greenwood that night? A My wife didn't go. It was just the boys that went. Q And she remained at home, is that right? A Yes, Sir. Q And you got back with them about one o'clock? A Yes, Sir. Q And you immediately went to bed, is that right?

A Yes, Sir. Q Now, I want you to tell the jury in which room of your house did Emmett Till go to bed? A Well, the east room, my wife and I sleep there. Q Then we will call it the east front room, is that right? A That's right. And there is a door that leads out to the side room there. That is where Emmett Till was. Q And who went to bed with Emmett Till that night? A Simon, my baby. Q And Simon and Emmett Till were the only two people in that room that night? A That's right. Q Now, Uncle Mose, after you and your family had gone to bed that night, I want you to tell the jury if any person or if one or more persons called at your home that night, and if they did, what time was it? A About two o'clock. Q What was the first thing that attracted your atten- tion to the fact that there was someone about your premises? A Well, someone was at the front door, and he was saying, "Preacher - - Preacher." And then I said, "Who is it?" And then be said, "This is Mr. Bryant. I want to talk to you and that boy."

Q And does that porch run the full length of your house? A That's right. Q That is, it runs the length of those two front rooms, is that right? A That's right. Q And I believe you have already testified that it is a screened-in porch, is that right? A That's right. Q Now tell the jury, Uncle Moses when you opened the door and looked out at that time, and you saw Mr. Bryant and Mr. Milam there, where were they standing? MR. BRELAND: We object to that, Your Honor. He said that he didn't recognize them out there. He said he just saw the flashlight. THE COURT: The objection will be sustained. The wit- ness stated that he didn't recognize Mr. Bryant at that time. Q When did you see those two men that night? A That was about two o'clock in the morning. Q But did you see them before you opened the door or after? A It was after I opened the door. Q And where were they standing? A Mr. Milam was standing there at the door, and there was

one man standing at the screen door, and Mr. Bryant was standing kind of out away from the door. MR. BRELAND: We object to that, if the Court please. He said that he didn't recognize him. THE COURT: I believe the witness has stated that he did not see Mr. Bryant, that he didn't see him out there that night because it was dark. THE WITNESS: I saw him but I couldn't see his face. THE COURT: The objection will be sustained. He has stated that he didn't recognize Mr. Bryant. MR. BRELAND: And we would like to ask the jury to disregard that statement. THE COURT: You gentlemen of the jury will disregard the statement made by the witness about Mr. Bryant at this time. Q When this man first called out to you that night, Uncle Mose, did he tell you who it was? A Yes, Sir. Q And who did he tell you it was? A He said he was Mr. Bryant. Q And do you see the man here in this courtroom now who was standing on your porch that night that said he was Mr. Bryant? A Yes, Sir.

Q And what did he do? A Well, we went right over to the east room, the front room there, and I called, and he wasn't in there. Q When you say "We", who do you mean by that? Who was there then? A Mr. Milam and Mr. Bryant. MR. BRELAND: We object to that, Your Honor. And we ask that his statement be excluded. Q At any time after you first saw the man with Mr. Milam that you first could not recognize, did you later on recognize him in or about your house as being a man that you knew? Did you ever recognize him that night? A That is the first time I remember seeing him. Q Where was the first time you remember seeing him? A In my house. Q The first time you ever saw him was in your house? A That's right. Q And who was that man? A Mr. Milam. Q And who else did you see in your house? A Mr. Bryant. MR. BRELAND: Now just a moment, please - - - THE COURT: Let Mr. Chatham ask a further question about that, if you will, please.

Q Did you at any time that night recognize Mr. Bryant as one of the men in your house? A Yes, Sir. MR. BRELAND: We object to that, Your Honor. That is just a repetition of the question. THE COURT: The objection will be overruled there. I believe he stated he didn't recognize him at first. Now let's find out if he ever did recognize anyone there that he could identify as Mr. Bryant. Q Uncle Mose, do you see any man in this courtroom now who was with Mr. Milam that night at your house? A Yes, Sir. MR. BRELAND: We object to that, if the court please. That is purely a leading question, and having the party here present at this time and sitting in the courtroom, that would not be a proper identification anyway. And his state- ment to begin with, he said that he never recognized him. THE COURT: I believe he said he didn't recognize him at the door. The objection will be overruled at this time. Q And will you point that man out, Uncle Mose? A Yes, Sir. Q Well, point him out for the benefit of the jury. A Yes, Sir. Q And who was that man?

Q And what did Emmett Till do? A He got up and dressed. He sat on the side of the bed and dressed. Q And what happened after that, Uncle Mose? A Well, when he got up, and they started out, then he asked me if I know anybody there and I told him, "No, Sir. I don't know you." And then he said to me, "How old are you?" And then I said, "Sixty four." And then he said, "Well, if you know any of us here tonight, then you will never live to get to be Sixty five." Q And was that in the room where Emmett was in bed? A That's right. Q And then did they leave out of your house with Emmett Till? A That's right. Q Did they go out the same way they came in? When they left your house, did you go back to the door the same way you came in? A No, Sir. We went through some room there, you know, the door was open, and we went through this other bedroom there. That is where we went through on the way back. Q Was that the room where you and your wife sleep? A Yes, Sir.

Q And when you went through that room, did either Mr. Bryant or Mr. Milam have anything to say to your wife? A Yes, Sir, they did. Q And what did they say? A Well, she had gotten up out of bed, and then he said to her, "You get back in that bed, and I mean, I want to hear the springs." Q He said that he wanted to hear the springs? A That's right. Q And what did she do then? A Well, she got back in bed. Q And did Mr. Milam still have the pistol in his hand then? A He kept it in his hand all the time. Q Before you got out of the house, Uncle Mose, or be- fore Mr. Milam or Mr. Bryant got out of the house with Emmett Till, I want you to tell the jury if either you or your wife tried to induce them not to carry the boy out. A Yes, Sir. Q What did you or your wife say to them? A MR. CARLTON: We object to that, Your Honor. That would be hearsay testimony. THE COURT: If anything was said it would have been in the presence of the defendants. The objection is overruled.