Mr. KENNEDY. I think that is all. Perhaps there is one more thing. There was one man mentioned that was shot, and you had an independent contractor that was shot, is that right, who was actually hit? Mr. ANDREWS. That was A. D. McKinney. Mr. KENNEDY. He was working for you at the time? Mr. ANDREWs. Under a contract. Mr. KENNEDY. As an independent contractor? Mr. ANDREWs. Yes, sir. Mr. KENNEDY. That is all. The CHAIRMAN. What is his condition? Did he recover? Mr. ANDREWS. Not completely, sir. He has what I believe to be permanent injuries as a result of it. The CHAIRMAN. Thank you very much. Call the next witness. Mr. KENNEDY. I want to call Mr. Duffy briefly. Mr. Andrews has testified as to the injunction that was put on the union and the activities of the union during this period of time and Mr. Duffy has made an examination of the records of the teamsters union to determine what their attitude was toward that injunction, and I would like to have him tell the results of that. The CHAIRMAN. You will remain under your oath, Mr. Duffy, and proceed with your testimony as to the investigation you made and the examination of the records of the teamsters union and the local and whatever they reflect. TESTIMONY OF LAVERN J. DUFFY-Resumed Mr. DUFFY. I have examined the minute book of teamster local 327 in Nashville, Tenn., and I made a photostatic copy of the minutes of October 16, 1955, when a special meeting was called. I would like to read one excerpt from those minutes. The CHAIRMAN. The entire minutes may be made an exhibit for reference, exhibit No. 4, and you may read excerpts therefrom. (Document referred to was marked "Exhibit No. 4" for reference and may be found in the files of the select committee.) Mr. DUFFY. "Brother King, teamster business agent out of Nashville, stated B. & S. finally got an injunction but we were going to ignore because we had already put up new signs and had their freight cut off in Memphis." The CHAIRMAN. Is there anything further? Mr. KENNEDY. That is all. The CHAIRMAN. Call the next witness. Mr. KENNEDY. Mr. McKinney. The CHAIRMAN. Do you solemnly swear that the evidence you shall give before this Senate select committee shall be the truth, the whole truth, and nothing but the truth, so help you God? Mr. MCKINNEY. I do, sir. TESTIMONY OF A. D. MCKINNEY The CHAIRMAN. State your name, your place of residence, and your business or occupation. Mr. MCKINNEY. My name is A. D. McKinney, and I am a resident of South Carolina, and I am an independent lease operator for Thurston Motor Lines. The CHAIRMAN. You waive counsel, do you, Mr. McKinney? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. I can explain to you that you have the right to have an attorney present to advise you while you testify, as to your legal rights, if you desire. Do you waive counsel? Doy Mr. MCKINNEY. Yes, sir. The CHAIRMAN. Thank you very much. All right, Mr. Kennedy, proceed. Mr. KENNEDY. Your name is spelled M-c-K-i-n-n-e-y; is that right? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. And your first name is what? Mr. MCKINNEY. A. D. McKinney. Mr. KENNEDY. You were driving a truck for the B. & S. Motor Lines? Mr. MCKINNEY. No, sir; I had a truck leased to B. & S. Mr. KENNEDY. You were an independent contractor doing work for them? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. During this period of time, 1954 and 1955, there were attempts by the teamsters union to organize you; is that right? Mr. MCKINNEY. No, sir. Mr. KENNEDY. There were not? Mr. MCKINNEY. No, sir. Mr. KENNEDY. Weren't the teamsters attempting to organize that company? Mr. MCKINNEY. Well, they were attempting to organize it, but they never did approach me. Mr. KENNEDY. But they were attempting to organize the company, and that would have included the independent contractors, although you yourself were not approached; is that right? Mr. MCKINNEY. That's right. Mr. KENNEDY. Now, on June 23, 1955, while you were driving a truck, were you fired upon? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. And where was that? Where did that occur? Mr. MCKINNEY. That occurred between Hot Springs, N. C., and Marshall, N. C. Mr. KENNEDY. And it was on the North Carolina side? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. You were in North Carolina? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. Could you tell us what occurred? Mr. MCKINNEY. An automobile met us on a curve and fired. Mr. KENNEDY. It did what? Mr. MCKINNEY. An automobile met us on a curve and fired upon us and never stopped, and it just kept on going. Mr. KENNEDY. It was coming from the opposite direction? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. As you were going around a corner they fired? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. Did any of the bullets hit the truck? Mr. MCKINNEY. Not that we could tell; no. Mr. KENNEDY. Did anything occur after that? Could you identify them? Mr. MCKINNEY. I couldn't identify the automobile. Mr. KENNEDY. But you reported it to your employer or to Mr. Andrews? Mr. MCKINNEY. I was en route to Charlotte, N. C., and as soon as I got in I reported it. Mr. KENNEDY. Then did something occur on July 10, 1955, near Lebanon, Tenn.? Mr. MCKINNEY. I was fired upon approximately 2 or 3 miles west of Lebanon, and a car was meeting me that time. Mr. KENNEDY. Could you identify that at all? Mr. MCKINNEY. No, sir. Mr. KENNEDY. Did the shot hit the truck or hit your car? Mr. MCKINNEY. I never did get a chance to find out. Mr. KENNEDY. Did anything else occur that evening? Mr. MCKINNEY. Yes, sir; in approximately 10 more miles Mr. KENNEDY. During this period of time were you frightened about driving your truck? Mr. MCKINNY. No, sir; not too much. Mr. KENNEDY. Even though you had been shot at twice already? Mr. KENNEDY. It didn't frighten you? Mr. MCKINNEY. No; not too much. The CHAIRMAN. Why? Because you thought Mr. MCKINNEY. Because I didn't think they would shoot intentionally to kill, and I thought they were just shooting at tires and stuff like that, and that is why I wasn't frightened too much. The CHAIRMAN. You didn't think that they were actually shooting to hit you? Mr. MCKINNEY. Not to kill me or to hit anybody. The CHAIRMAN. Did you learn differently? Mr. MCKINNEY. Yes, sir; about 10 more miles I learned differently. The CHAIRMAN. What happened then? Mr. MCKINNEY. Ten more miles, an automobile going the same direction I was going pulled up alongside of my tractor, and apparently the blast came from the back seat of the automobile and it was a shotgun blast; and so, by the way the flare was, they must have fired both barrels, because it just blinded me for a few minutes. The CHAIRMAN. Were they shooting just at the truck or the tires at that time? Mr. MCKINNEY. No, sir. The shot hit me in the left arm, and the left side of the truck. The CHAIRMAN. And your elbow in here? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. Is that where it hit you? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. Could it have killed you? Mr. MCKINNEY. Yes, sir, if it had been raised or if the barrel had been raised another inch he would probably have killed me. The CHAIRMAN. But you having your elbow out there, it saved your life? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. And having it that much lower saved your life; is that right? Mr. MCKINNEY. Well, and having the barrel that much lower, I would say, it saved me. Mr. KENNEDY. What happened after that? What did you do? Mr. MCKINNEY. Well, at that time, I kind of turned loose of the steering wheel, and I like to run off the left-hand side of the road, and I pulled the tractor-trailer back into the road and an automobile slowed down in front of me. Mr. KENNEDY. The same automobile? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. And you thought they might shoot at you again? Mr. MCKINNEY. No, sir. Mr. KENNEDY. Did you keep driving your truck in, then? Mr. MCKINNEY. Yes, sir; and I drove the truck to Donaldson which was about 10 miles. Mr. KENNEDY. What happened there? Mr. MCKINNEY. The police in Donaldson stopped me because I was weaving back and forth across the road and they wanted to know what was wrong with me and I told them I had been shot. We parked the truck and he took me to the hospital in his automobile. Mr. KENNEDY. You were taken to a hospital? Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. What did the hospital find out? What did they diagnose had happened? Mr. MCKINNEY. They found the bone had been shattered. Mr. KENNEDY. What was that? Mr. MCKINNEY. The bone had been shattered. Mr. KENNEDY. The bone in your elbow had been shattered? Mr. MCKINNEY. Yes, sir, and they wanted to wait awhile until all, and it was messed up full of shot and they wanted to wait for about a week until it cleared up before they could operate on it, and during that time I went to the terminal and I was operated on there. Mr. KENNEDY. Do you have any injuries or any effect from the wound, the shotgun wound? Mr. MCKINNEY. Yes, sir, the shotgun tore all of the nerve system up in my left arm, and left my two fingers numb. Mr. KENNEDY. You can still drive a truck, however. Mr. MCKINNEY. Yes, sir. Mr. KENNEDY. Does it give you any pain at the present time? Mr. KENNEDY. So you still feel it and you have lost the feeling in two of your fingers? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. Have you ever joined a union yet? Mr. MCKINNEY. No, sir. The CHAIRMAN. You don't like that kind of life? Mr. MCKINNEY. No, sir. Senator CURTIS. Was anyone ever arrested for this? Senator CURTIS. Was an investigation made? Mr. MCKINNEY. Yes, sir. Senator CURTIS. Was anyone ever picked up or questioned? The CHAIRMAN. Had the car from which the shot came preceded you up the highway? In other words, did you drive along behind it and did you follow it? Mr. MCKINNEY. No, sir. In fact, the automobile which I was shot from apparently had come up and approached me from the back pretty fast, and in fact I didn't even know it was back there until it was up alongside of me. The CHAIRMAN. What I am talking about is you said you swerved and nearly went off the highway to the left and you pulled the car back on the road, and this car slowed down in front of you. Mr. MCKINNEY. Yes, sir, and the automobile when he shot, he kept on going up in front of me. The CHAIRMAN. He was in front of you, but he slowed down and you were apprehensive that he might shoot again? Mr. MCKINNEY. Yes, sir, because I have a truck, and it has the whole front of it The CHAIRMAN. And he got in front of you? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. Did you follow him? You drove on in, and did you observe the car and could you follow it? Mr. MCKINNEY. Well, no, sir, I started pulling on up toward where he was and when I got up pretty close to him, he pulled on away fast and he left and I never saw him again. The CHAIRMAN. He did proceed up ahead of you? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. And you drove about 10 miles and a policeman stopped you? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. Do you think the policeman had any information that you had been shot? Mr. MCKINNEY. That I couldn't answer. The CHAIRMAN. He observed that you were not driving properly? Mr. MCKINNEY. Yes, sir. The CHAIRMAN. And something was wrong with your driving and therefore he stopped you? Mr. MCKINNEY. That's right. The CHAIRMAN. Do you know whether that policeman ever made any inquiry to check on what car had passed ahead of you? Mr. MCKINNEY. No, sir, I don't know. The CHAIRMAN. Did he ever take any interest in the case and come back and try to talk to you about it? Mr. MCKINNEY. The sheriff of Lebanon came up there and asked me if I knew what kind of an automobile it was, and who shot me, and that, as far as I know, is all. The CHAIRMAN. Did they ever contact you any more after that? Mr. MCKINNEY. No, sir. The CHAIRMAN. Did you ever hear any more about an investigation of it after that? Mr. MCKINNEY. No, sir, I never did. |