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Mr. POWERS. They blew out all of the front plate glass windows, and blew the doors off of my entrance, and the marquee on the front, the metal awnings, 1 of them was completely destroyed, and the other 2 were damaged. A big hole was left in the pavement directly in front of the building, within about 4 or 5 feet of the building.

Mr. KENNEDY. So within less than 48 hours, after you had this dispute with Mr. Reynolds of the teamsters union, after he told you that you were going to have trouble, and after you had said

going to continue to sell Coca-Colas, within 48 hours of that time your store had been dynamited?

Mr. POWERS. That is right, sir; yes, sir.

Mr. KENNEDY. What action did you take? Did you and your family go down and try to repair the store?

Mr. POWERS. Well, yes, my son and I and my brother and I made arrangements immediately to replace the glass with the Pittsburgh Plate Glass Co., and he put a night crew on, and we cleared away all of the debris and I had to rehang my doors, and where the ceiling in front of the marquee and all of the lighting was hanging down, you know. The wires had to be cut, you know, and the lights taken away, and the ceiling, of course, was hanging down and the facade around the marquee which is aluminum facade was blown out, you know, from it. But after we had completed by 6:30 the next morning, we had everything installed. The glass and all of the debris was hauled away, and the hole was patched, and I had cement on hand and the hole was patched, and you couldn't tell from the street actually, you know, anything had happened other than the awning, of course, was gone. Mr. KENNEDY. How much was the damage?

Mr. POWERS. Something near $2,000. It would have been a whole. lot more, but I did an awful lot of it myself. I had some building experience, and a lot of the work was done myself.

Mr. KENNEDY. With the help of your family?

Mr. POWERS. That is right; yes, sir.

Mr. KENNEDY. Now, this of course came to the attention of the police?

Mr. POWERS. That is right; yes, sir.

Mr. KENNEDY. Were you interviewed?
Mr. POWERS. Yes, sir.

Mr. KENNEDY. Regarding the threats?

Mr. POWERS. Yes, sir.

Mr. KENNEDY. When were you first interviewed, that night?
Mr. POWERS. That night, yes.

Mr. KENNEDY. Were you interviewed again after that by the police? Mr. POWERS. Yes, sir. Now, 2 or 3 times I expect the detectives that were assigned to the case came back and I gave them names of witnesses that I had picked up or just learned, you know, through the store. They, of course, questioned the witnesses.

Mr. KENNEDY. There were also some witnesses to the threats that had been made to you by Mr. Reynolds, were there not?

Mr. POWERS. Oh, no, that isn't right, no. There are not. The two witnesses that I picked out were ones that possibly could make some identification of who might have done it.

Mr. KENNEDY. Also, there was at least one witness to the threats that had been made to you by Mr. Reynolds, was there no*?

89330-58-pt. 18-10

Mr. POWERS. Yes, there is the Coca-Cola men who heard that.

Mr. KENNEDY. We have an affidavit, Mr. Chairman, and I don't think it is necessary to read it all into the record but it does substantiate the statements that Mr. Powers has made, as to the conversations that he had with Mr. Reynolds.

The CHAIRMAN. The Chair will read at this point the body of the affidavit, omitting the formalities of it and the affidavit may be printed in full in the record at this point.

(The affidavit referred to follows:)

AFFIDAVIT

I, Harry Murray, who reside at 2010 Laurel Avenue, Knoxville, Tenn., freely and voluntarily make the following statement to LaVern J. Duffy, who has identified himself to me as a member of the staff of the United States Senate Select Committee on Improper Activities in the Labor or Management Field. No threats, force or duress has been used to induce me to make this statement, nor have I received any promise of immunity from any consequences which may result from submission of this statement to the aforementioned Senate select committee:

I have been employed by the Roddy Manufacturing Co. in Knoxville, Tenn., for the past 17 years. I hold the position of route supervisor.

On or about September 5, 1956, I was assisting in the delivery of Coca-Cola to Powers Grocery Store, 3434 McCalla Avenue, Knoxville, Tenn. I was inside the store with another route salesman, William Romines. While making deliveries inside the store, a man entered and started shouting at Mr. Powers. I heard him say, "What the hell is the idea of selling this Coca-Cola?" Mr. Powers informed him that he had been selling Coca-Cola for 31 years and this man was not going to stop him. The man said to him, "You're asking for trouble." And to this Mr. Powers replied, "You're coming to a good place to get it. That is all you fellows are good for; smoking fat cigars, driving Cadillacs, and taking those poor boys' money." I was of the impression that Mr. Powers meant teamsters union members of local No. 621. I went to the rear of the store and heard no more of their conversation. I did notice that Mr. Powers was visibly upset when I left the store.

At a later date I discovered the identity of the man who threatened Mr. Powers in the store that day. I have seen him on numerous occasions entering and leaving the Teamsters Union, Local No. 621 meeting hall in Knoxville, Tenn. He is Mr. William J. Reynolds, who at that time was president and business agent for local No. 621.

I have read the foregoing statement, and to the best of my knowledge it is true and correct.

Witness:

/s/ HARRY E. MURRAY.

/s/ G. HUGH GALLAHER, JR.
/s/ ANNE F. SMITH.

Subscribed and sworn to before me this 2d day of December 1957.

[SEAL]

My commission expires January 20, 1958.

/s/ RALPH CATO, Notary Public.

Mr. KENNEDY. Then in addition you were able to locate two individuals who had some firsthand information as to the dynamiting? Mr. POWERS. Yes, sir.

Mr. KENNEDY. And you turned that information over to the police as well?

Mr. POWERS. Yes, sir.

Mr. KENNEDY. Now, was this case ever solved, was anybody prosecuted in connection with this?

Mr. POWERS. No.

Mr. KENNEDY. Now, you told the police of the threats that had been made to you by Mr. Reynolds?

Mr. POWERS. Yes, sir.

Mr. KENNEDY. Was Mr. Reynolds ever interviewed by the police in connection with this?

Mr. POWERS. That I don't know.

Mr. KENNEDY. Did the police make any statements to you about that?

Mr. POWERS. No.

Mr. KENNEDY. Did you ask them if they had interviewed him? Mr. POWERS. I asked them the night of the dynamiting why they didn't get Reynolds, and I said, "I believe you have enough evidence to go get him," and one of the officers said, "Yes, we have enough evidence, let us go get him." I believe now the police officers' names were Swanner and Hudkson, and I believe that Mr. Swanner was the one that said, "Yes; we have enough evidence to get him, let us go get him." And the other one said, "No; we will have to place him at the scene of the crime.”

Mr. KENNEDY. Did you understand there were two witnesses that could add something or could give some information regarding the persons responsible for the dynamiting?

Mr. POWERS. That is right. We have those witnesses.

Mr. KENNEDY. But nevertheless, nobody was ever arrested in connection with this?

Mr. POWERS. No, sir.

Mr. KENNEDY. And you don't know if Mr. Reynolds was ever even interviewed, is that right?

Mr. POWERS. No, sir.

The CHAIRMAN. Were you ever called before a grand jury investigation of it?

Mr. POWERS. No, sir. Now, I went down and talked to Mr. Clements, the attorney general, and he said that they had two good officers assigned, the two city detectives, and that they would do a good job of it, and I left the courthouse, you know. That was the last time I saw Mr. Clements until I saw him in the courtroom yesterday. The CHAIRMAN. Is this what you call a good job of it?

Mr. POWERS. No, sir; I certainly do not, sir.

Mr. KENNEDY. Mr. Chairman, at this time I would like to ask a question of Mr. Duffy, in connection with his interview with Mr. Swanner, the detective handling this matter.

TESTIMONY OF LAVERN J. DUFFY-Resumed

The CHAIRMAN. You have been previously sworn and proceed. Mr. KENNEDY. Did you talk to Mr. Swanner of the police department?

Mr. DUFFY. Mr. McShane and myself talked to Lieutenant Swanner and he advised us that he did not interrogate Mr. Reynolds in reference to this.

Mr. KENNEDY. Mr. Reynolds was never even interviewed in connection with this?

Mr. DUFFY. That is correct.

Mr. KENNEDY. Then, not only was there no grand jury, but that Mr. Reynolds was not even interviewed in connection with the threats that he made of Mr. Powers?

Mr. DUFFY. That is correct.

Mr. KENNEDY. Did he tell you on whose instructions he was not interviewed?

Mr. DUFFY. He did not.

Mr. KENNEDY. He did not give you any any explanation?

Mr. DUFFY. No explanation was given to us.

Mr. KENNEDY. What did he say when you asked for an explanation? Mr. DUFFY. I don't recall, Mr. Kennedy, what he did say. I was rather surprised, and I don't think that I carried on the conversation further.

Mr. KENNEDY. Thank you.

TESTIMONY OF B. B. POWERS-Resumed

The CHAIRMAN. Mr. Powers, how long have you been a citizen of Knoxville?

Mr. POWERS. I was born and raised in Knoxville.

The CHAIRMAN. How long have you been in this food-market operation?

Mr. POWERS. Thirty-two years, coming February.

The CHAIRMAN. Have you ever had any trouble before?

Mr. POWERS. No, sir.

The CHAIRMAN. As I understand, you have been selling Coca-Cola there all through the years?

Mr. POWER. Yes, sir.

The CHAIRMAN. You had no interest in the strike at the Coca-Cola plant?

Mr. POWERS. No, sir. If you may please sir, I have nothing against any of the boys, you know, that worked for the Roddy Manufacturing Co. I knew an awful lot of them, and if the boys had gone hungry, I would have fed them, you know. I have no personal feelings toward any of the boys in the strike.

The CHAIRMAN. You had no control over the strike, and you had no interest in it on either side?

Mr. POWERS. No interest whatsoever.

The CHAIRMAN. And all you did was to receive when they came there, with the truck to deliver Coca-Cola, they told you the strike had been settled and all you did was to receive the Coca-Cola as had been your custom all of these years?

Mr. POWERS. Yes, sir.

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The CHAIRMAN. And it was while it was being delivered that this Cadillac drove up and this man came in, Reynolds came in and threatened you?

Mr. POWERS. Yes, sir. I don't know if I did not tell you, I don't think I did in my statement, but he told me that his name was Reynolds, and he was an agent for the teamsters union.

The CHAIRMAN. He told you that?

Mr. POWERS. He told me that; yes,

The CHAIRMAN. At the time?

Mr. POWERS. Yes, sir.

sir.

The CHAIRMAN. Now, how long prior to that since you had received any delivery of Coca-Cola?

Mr. POWERS. I believe something like maybe 2 weeks, or maybe 10 days to 2 weeks.

The CHAIRMAN. You had not received any in 10 days or 2 weeks. During that period of time you had not sold any?

Mr. POWERS. That is, I had none to sell; that is right.

The CHAIRMAN. You did not try to break the strike?

Mr. POWERS. No, sir.

The CHAIRMAN. You did nothing to interfere with the strike?
Mr. POWERS. No, sir.

The CHAIRMAN. You simply received a delivery?

Mr. POWERS. That is right.

The CHAIRMAN. That was made by the Coca-Cola Co.?

Mr. POWERS. That is right, sir.

The CHAIRMAN. And for having done that, you paid this penalty of loss and damage that you sustained by reason of this violence? Mr. POWERS. Yes, sir.

The CHAIRMAN. And notwithstanding he made that threat within 48 hours of the time your place was dynamited, and notwithstanding you reported it to the officers and notwithstanding that you gave them the names of other witnesses, so far as you know Reynolds up to that day has never been interrogated about it.

Mr. POWERS. That is right.

The CHAIRMAN. And he has never been called before a grand jury, and neither have you or anyone else?

Mr. POWERS. That is right, sir.

The CHAIRMAN. And that is the kind of law enforcement that you have down there in that community?

Mr. POWERS. Yes, sir.

The CHAIRMAN. Where labor unions are involved?

Mr. POWERS. Yes, sir.

The CHAIRMAN. All right. Thank you.

You may stand aside. Thank you very much.

Call the next witness.

Mr. KENNEDY. John C. Chapman.

The CHAIRMAN. Mr. Chapman, come around, please.

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. CHAPMAN. I do.

TESTIMONY OF JOHN C. CHAPMAN

The CHAIRMAN. Please state your name, your place of residence, and your business or occupation, please.

Mr. CHAPMAN. John C. Chapman, sheet-metal worker, 62212 South 47th Street, Baltimore, Md.

The CHAIRMAN. Do you waive counsel, Mr. Chapman?

Mr. CHAPMAN. Sir?

The CHAIRMAN. Do you want a lawyer here to represent you as you testify?

Mr. CHAPMAN. No, sir.

The CHAIRMAN. Thank you very much.
Proceed, Mr. Kennedy.

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