ferent siruping jobs, 1 with W. A. Smith at Monteagle, Tenn., on February 28, 1955. Those were trucks of the Johnson Motor Lines. Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. According to the direct testimony before this committee, you were involved in that; is that correct? Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. Then we have you tied up with the siruping of trucks at the Motorent Co. at Nashville, Tenn. Fourteen trucks were siruped on April 20, 1955. Did you participate in that? Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. And a third siruping with W. A. Smith in the siruping of trucks of the Tennessee-Carolina Co. in Nashville, on November 7, 1954. Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. The records show that 17 different trucks were siruped on November 7, 1954, at the Tennessee-Carolina lot. This is all direct testimony before the committee. Could you tell us what other acts or what other assaults, or what other sirupings, or what other slashing of tires and breaking of windows you participated in. Mr. CANADAY. May I talk to my lawyer? (The witness conferred with his counsel.) Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. Did you know about or participate in any of the dynamitings that took place? Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. Did you do any of these acts at the direct orders of Mr. Vestal? Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. He was the president of the local, was he not, at the time? Mr. CANADAY. Let me talk to my lawyer. (The witness conferred with his counsel.) Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. Were you hired on the basis of the fact you would be willing to beat people up if you would join with 3 or 4 other people, or you would throw rocks through windows, and sirup trucks, and slash tires? Is that the reason you were hired? Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. Could you tell the committee who arranged with the barbers union for you to break barbershop windows? Mr. CANADAY. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. I want to ask Mr. Duffy, have we made arrangements for the head of the barber union to come here before the committee? Mr. DUFFY. Mr. C. C. Sanders was under subpena to appear here this morning, and we understand from his doctor that he has had a heart attack within recent months and he cannot appear here this morning. Could we have that affidavit inserted in the record when it is made available, Mr. Chairman? The CHAIRMAN. Are you procuring an affidavit from his doctor? Mr. DUFFY. Yes, saying he is indisposed and he has had a heart attack and he could not be here this morning. Mr. KENNEDY. We have testimony on that. The CHAIRMAN. If the man is sick, and that is a fact, of course the committee would not want to impose upon a sick man, if he is not able to come. The record may so reflect, that the affidavit from his doctor is on file and it is not necessary to publish it in the record. That is an affidavit stating that his condition is such that he is not able to attend the hearings today. Mr. KENNEDY. That is all, Mr. Chairman. The CHAIRMAN. Stand aside and call the next one. 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. MARSTON. I do. TESTIMONY OF BOBBY H. MARSTON, ACCOMPANIED BY HIS COUNSEL, CECIL D. BRANSTETTER The CHAIRMAN. State your name, your place of residence, and your business or occupation. Mr. MARSTON. My name is Bobby H. Marston, 617 Bell Street, Nashville, Tenn., and I work for the Wagner Corp., Nashville. The CHAIRMAN. Do you have counsel this morning? Mr. MARSTON. I do. The CHAIRMAN. Come around, Mr. Counsel, if you represent these folks. When I excuse one of these, it is not necessary for you to take that long walk. Let the record reflect the same counsel present. Mr. KENNEDY. Mr. Marston, have you been doing any work for the teamsters union in Nashville, Tenn.? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Are you part of this goon squad that has been operating out of Nashville? Mr. MARSTON I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. You have been identified already with Mr. Canaday and Mr. Red Vaughn in the beating of Lynn Schroeder, during the B. & S. strike in 1955. Is that correct? Mr. MARSTON. I claim my constitutional rights not to be forced to be forced to be a witness against myself. Mr. KENNEDY. Did you participate in the beating of Mr. Schroeder? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Now, according to the testimony of Mr. Schroeder, one man held his head back and the other man beat him and then his companion beat him, and they knocked him to the ground and then stomped on him. Did you participate in those kinds of activities? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Then we have some testimony that in the assault of Mr. Rasmussen, on May 26, 1953, you also participated in the assault on Mr. Rasmussen. Is that right? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Once again, you had two companions with you, W. A. Smith and Red Vaughn, who participated in the beating of Mr. Rasmussen? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. According to the testimony, this assault was set up by Mr. Don Vestal, president of your local? Mr. MARSTON. I claim my constitutional rights not to be forced to be a witness against myself. The CHAIRMAN. Who is the captain of this goon squad? Are you the captain? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. Or are you just a buck private? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. In addition to this direct testimony that we have on these two assaults, we also have you involved in a number of sirupings. Did you sirup trucks for the union? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Were you siruping the trucks of the Beatrice Food Co. in the Nashville area in 1953? Mr. MARSTON. I claim my constitutional rights not to be forced to be a witness against myself. Mr. KENNEDY. And then you went to Charlotte, N. C., with Sam Peters to help organize the Tennessee-Carolina Truck Co.? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Did you participate in some sirupings in North Carolina? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. Are all of you goons in good standing down there in that local? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. They never take any action against you for these offenses, do they? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. You never have been expelled, have you? Mr. MARSTON. I didn't understand that question. The CHAIRMAN. You never have been expelled from the local, have you? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. Have you been suspended by the local? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. Have you been reprimanded for these acts of violence you have been committing by the local? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. I do not think that you have. I think that you could say you have not. I think you were hired to do that. If I were you, I would be proud of it, if you are as brave as you pretend. Are you not proud of it? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. Are you ashamed of it? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. Go ahead. Mr. KENNEDY. I want to ask you about another matter. On March 19, 1956, you were arrested in Franklin, Ky., for hit-andrun driving, and illegal possession of a gun; is that right? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. The records show that, and the records show that you were fined and that your gun was returned to you, is that right? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Were you encouraged to carry a gun by the teamster officials? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Did you know it was illegal to carry a gun and you could not get a permit in the State of Tennessee? Mr. MARSTON. Let me consult my counsel. (The witness conferred with his counsel.) Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. The records show that your fine and your lawyer's fees amounted to $455; is that right? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself Mr. KENNEDY. Did you pay that out of your own funds, $455? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. The union would not be condoning you in a hit and run, and then carrying a gun, would they? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Did the union pay that $455 fee? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Was the money withdrawn from the union and charged to organizing expenses? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Is not that correct, that a check for $500 was withdrawn, and was turned to cash, and $455 out of this $500 was used to pay for your lawyer's fees and for your fine for this hit-and-run offense, and for carrying a gun? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Mr. KENNEDY. Do we have any information on that? Mr. Chairman, I would like to ask him about this check. The CHAIRMAN. Do you know Edward Smith? Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. The CHAIRMAN. I hand you here a photostatic copy of a check dated August 20, 1956, made payable to Edward Smith, in the amount of $500, which shows it is for organizational expenses and drawn on the International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers, Local 327, and signed "Edward Smith." I will ask you to examine that check and see if you can identify it. (A document was handed to the witness.) Mr. MARSTON. May I consult my counsel? The CHAIRMAN. All right. (The witness conferred with his counsel.) Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Senator CURTIS. I want to ask you something: not what you did with that check; that would incriminate you-but is that check taken from funds that have to be paid in by workers who have to keep on paying and paying into an outfit like yours or lose their jobs? Mr. MARSTON. I would like to consult my counsel. (The witness conferred with his counsel.) Mr. MARSTON. I claim my constitutional right not to be forced to be a witness against myself. Senator CURTIS. I think, of all of the people that have suffered by the wrongdoing here, it is the people that have to pay for it and tolerate it and have their own reputations damaged by such conduct. I think if they had a chance to get out of it, and stop paying for it, they would be glad to do so. That is all, Mr. Chairman. The CHAIRMAN. Are there any other questions? That check may be made exhibit No. 19. (Document referred to was marked "Exhibit No. 19" for reference and will be found in the appendix on p. 7505.) The CHAIRMAN. You did examine the check, did you? Mr. MARSTON. May I consult my counsel? |