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| J. R. Clifford and the Carrie Williams Case -- a Historical Drama
Copyright 2004 -2006 All Rights Reserved by Thomas W. Rodd Rte 2 Box 78 Moatsville WV 26405 304-558-1985, 304-541-4494, 304-265-0018
Revised 06/19/06 – Four-Act Version for Niagara Centennial
**** WORKING COPY – SUBJECT TO FURTHER CORRECTION AND REVISION****
TABLE OF CONTENTS TC \l1 "
PERFORMANCE INFORMATION, CREW and CAST, INTRODUCTION and WELCOME 2-6
ACT ONE 7
ACT TWO 14
ACT THREE 28
ACT FOUR
PERFORMANCE INFORMATION, CAST, AND CREW:
PERFORMANCE LOCATION
DATE AND TIME
REHEARSAL DATES AND TIMES
PRODUCER
DIRECTOR
ASSISTANT DIRECTOR
STAGE MANAGER
PROPS
RECEPTION MANAGER
SOUND
LIGHTING
MAKEUP
USHERS
OTHER
CAST, IN ORDER OF APPEARANCE: (in brackets “race”/gender, costume, personal props for that character)
MUSICIANS AND SINGERS
WELCOMER
NARRATOR, M/F, CONTEMPORARY, NOTEBOOK - “A” SET OF POSTER CARRIERS (3), MILD PERIOD (may also be SCHOOLCHILDREN) A1 - WEST VIRGINIA MAP SHOWING COKETON LOCATION - A2 - PHOTO OF COKETON - A3 - PHOTO OF BLACK COAL MINERS -
SCHOOLTEACHER CARRIE WILLIAMS, BF, PERIOD, FOLDER, SCHOOL REGISTER
SCHOOLCHILDREN (UP TO 11 speaking parts, additional non-speaking), BM/F, MILD PERIOD, NOTEBOOKS #1 - #2 - #3 - #4 - #5 - #6 - #7 - #8 - #9 - #10 - #11 - OTHER SCHOOLCHILDREN - J. R. CLIFFORD, BM, PERIOD FORMAL, LETTER, FOLDER AND PEN, LAW BOOK - BAILIFF, MILD UNIFORM, BIBLE - CIRCUIT JUDGE HOKE, WM, ROBE, GAVEL - JURORS (12+ (may add one or more alternate jurors), M/F B/W, MILD PERIOD -- ONE IS FOREPERSON - FOREPERSON #1 - #2 - #3 - #4 - #5 - #6 - #7 - #8 - #9 - #10 - #11 - #12 - #Alternates - SCHOOL BOARD LAWYER C. O. STREIBY, WM, PERIOD FORMAL, FOLDER AND PEN - SECRETARY OF SCHOOL BOARD H. A. MEYER, WM, MILD PERIOD - AUDIENCE MEMBER, CONTEMPORARY, LAW BOOK - AUTHOR, CONTEMPORARY - B SET OF POSTER CARRIERS (10), MILD PERIOD (may also be SCHOOLCHILDREN) B1 - ABRAHAM LINCOLN - B2 - FREDERICK DOUGLAS - B3 - HARRIET TUBMAN - B4 - FOURTEENTH AMENDMENT LANGUAGE - B5 - WHITE/COLORED SIGN - B6 - COLORED SCHOOL - B7 - WILLIAM E. B. DUBOIS - B8 - A. PHILLIP RANDOLPH - B9 - NIAGARA CONVENTION - MEN B10 - NIAGARA CONVENTION - WOMEN B11 - THURGOOD MARSHALL -
JUDGE DENT, WM, ROBE, OPINION - JUDGE BRANNON, ROBE, WM - JUDGE WORKMAN, ROBE, WF - JUDGE CLECKLEY, ROBE, BM - J. R. CLIFFORD AGE FIFTEEN, BM, UNION CIVIL WAR UNIFORM, CAP, RIFLE -
FREDA CLIFFORD, PERIOD DRESS, JUMP ROPE, B/F TEENAGER
WELCOMER Hello, I am [ ]. On behalf of [ ], I welcome you to today’s presentation. I want to say “thank you” to [ ] for the great warm-up music. [Lead brief applause.] Also, I want to recognize [ ]. And I want to say “thank you” to all of the people who made this program possible.
The state of West Virginia was created in 1863, by people who were deeply involved in the struggle to abolish human slavery in the United States. Since that time, West Virginia has had a rich history of civil rights activism, and it is no accident that the Niagara Movement had its birthplace in the Mountain State.
Today, we all know that America’s problem of the color line has certainly not been “solved,” although much progress has been made. Through programs like the Niagara Centennial and today’s re-enactment, we can try to face the color line with candor, compassion, and courage. Thank you all for being here as part of that effort.
Our program’s Narrator, Ms. Kitty Dooley, is an attorney in Charleston, West Virginia, and she a member of West Virginia’s historic black lawyers’ association, the Mountain State Bar. She is also a member of the Board of Governors of the West Virginia State Bar. Ms. Dooley’s mother-in-law, Mrs. Doris Green, attended school in Coketon, West Virginia, in the one-room colored school that will be the setting for our first Act.
Please welcome Kitty Dooley.
WELCOMER leads applause and sits down.
ACT ONE
SCHOOLHOUSE, COKETON, WEST VIRGINIA - Fall 1892
The NARRATOR enters and stands at the podium. Three POSTER CARRIERS, who may also be SCHOOLCHILDREN in this Act, stand just off stage, ready to bring on and display their POSTERS.
NARRATOR Thank you all for being here. Our program is taken from the historical record -- but we will have to rely on our imagination for some parts of the story.
I want to encourage anyone who wants to take photos or video during the program to do so, and come down in front if you want.
Now let’s begin our program. Our first Act takes place in 1892, in Tucker County, West Virginia - in the town of Coketon, at the head of the Blackwater Canyon.
POSTER CARRIER # 1 comes on stage and displays POSTER A1, a map of West Virginia, with a big star showing the location of Coketon. POSTER CARRIER #1 remains on stage; and as the other two POSTER CARRIERS in this Act come on stage when their POSTER is referred to, the three POSTER CARRIERS form a line, showing their three posters to the AUDIENCE.
Today, Coketon is just a few houses in a beautiful river valley, about sixty miles west of J. R. Clifford’s birthplace in Williamsport. But in the 1890s, Coketon was a boom town. Coketon was the center of the biggest railroad, timber, coal, and coke enterprise in West Virginia.
POSTER CARRIER # 2 comes on stage -- POSTER A2, a photo of Coketon is displayed.
Coketon was the headquarters of the Davis Coal and Coke Company, owned by the pioneer West Virginia industrialist, and colleague of J. P. Morgan, Henry Gassaway Davis.
Beginning in the 1880s, thousands of men, women, and children moved to the Coketon area -- coming from many states, and indeed, from all over the world. They came to mine coal, to operate the coke ovens, to work on the railroad, and to cut trees and saw lumber.
POSTER CARRIER # 3 comes on stage -- POSTER A3, a photo of black coal miners is displayed.
Hundreds of these immigrants to Tucker County had slave ancestors or were themselves former slaves. In 1880, census records show only 26 persons of color in Tucker County, but by 1900 the census shows more than 350. West Virginia’s post-civil war constitution required segregated schools. Following West Virginia law, the Tucker County Board of Education set up a “colored school” in Coketon for the children of these citizens.
Our first Act takes place in the Coketon colored school, in the Fall of 1892. Let’s go there now. Schoolteacher Carrie Williams has a special announcement for her students.
The NARRATOR goes offstage. The three POSTER CARRIERS take their POSTERS offstage and join the other SCHOOLCHILDREN.
CARRIE WILLIAMS and the SCHOOLCHILDREN come on stage. The SCHOOLCHILDREN, as they take their seats on the benches or the floor, talk to one another animatedly. One of the CHILDREN pushes another child, playfully. WILLIAMS sees this and speaks sharply to the CHILD who did the pushing:
WILLIAMS: Johnny, you stop that! You take the dunce stool!
The CHILD goes to the stool and sits on it and puts on the dunce cap. The rest of the SCHOOLCHILDREN are seated. WILLIAMS stands near center stage at her desk. WILLIAMS speaks to the children:
WILLIAMS Class, please come to order. We are going to have a special guest today. Mr. John Robert Clifford of Martinsburg, West Virginia is a distinguished lawyer and newspaper publisher. Mr. Clifford is visiting our school on behalf of Storer College, in Harper’s Ferry, West Virginia -- where I went to college. Storer College was founded in 1867 so our people could get a college education.
SC #1 Was Mr. Clifford a soldier?
WILLIAMS I believe he was - but here he comes now, you can ask him yourself.
J. R. CLIFFORD enters, shakes hands with WILLIAMS.
CLIFFORD Good morning, Mrs. Williams. It is a pleasure to visit your school, Teacher Williams.
WILLIAMS Good morning to you, Mr. Clifford. I want to introduce you to my pupils. Class, this is Mr. J. R. Clifford.
The SCHOOLCHILDREN stand.
SCHOOLCHILDREN (all) Good morning, Mr. Clifford.
CLIFFORD Good morning, students. I am proud to see you all in school this morning. I knew people who gave their lives so you would have the right to an education. Please be seated, and feel free to ask me any questions you like.
The SCHOOLCHILDREN sit down. Before each SCHOOLCHILD asks a question, he or she stands up -- then, after asking the question, sits down to hear the answer.
SC #2 Mr. Clifford, were you a soldier?
CLIFFORD Yes, in 1864, thirty years ago, when I was 15 years old, I enlisted in the Union Army, in the United States Colored Troops. I served in the 13th Heavy Artillery. But I hated war and killing people. Today I fight using the law, the vote, and the power of the press.
SC #3 Mr. Clifford, did you know John Brown?
CLIFFORD No, young lady. When John Brown and his raiders attacked the arsenal at Harper’s Ferry in 1859, I was eleven years old. But I remember my father and my grandfather talking about the courage of Brown and his men - black and white - who fought against human slavery.
Now, I want to ask you students some questions. What are your plans and dreams?
SC #4 Mr. Clifford, my dream is to be an engineer. My father is working on the railroad. I want to build big bridges.
SC #5 Mr. Clifford, my dream is to be a musician. I love the music of all the different people in Coketon. I want to play in an orchestra and play the music of the whole world.
SC #6 TC \l1 " Mr. Clifford, I love our school in Coketon. My dream is to be a teacher like Mrs. Williams. But my father says that the School Board is cutting the term of our Coketon school.
CLIFFORD Young lady, you must follow your dream to be a teacher. And I encourage all of you to follow your dreams! If you work hard, you can succeed -- no matter what the obstacles.
WILLIAMS Now, children, continue with your lessons, while I talk to Mr. Clifford privately, and thank him for joining us today.
WILLIAMS and CLIFFORD walk away from the children. WILLIAMS Mr. Clifford, what that little girl said is true. The School Board has refused to pay for a full eight months for our school in Coketon. The white children will have eight months, but our colored school term will only be five months.
CLIFFORD Will no one challenge the School Board?
WILLIAMS No. The School Board is run by the Davis Coal and Coke Company. If the parents protested, they would lose their jobs. But I did not sign the School Board’s five-month contract, though. I knew that was wrong.
CLIFFORD pauses and thinks for just a moment, then speaks.
CLIFFORD I have an idea, Mrs. Williams. Do you have any savings that you could live on and continue teaching after five months have passed, if the School Board stops paying you?
WILLIAMS Yes, I could. My husband Tom and I have been saving for several years, and we have a nest egg that we can use.
CLIFFORD Good. Then let me consult my law books when I get back to Martinsburg, and I will write to you. But I am telling you now, do not plan to stop teaching after five months. There will be some financial risk to you, but we may be able to beat the school board at their own game.
WILLIAMS I love teaching and I love these children, Mr. Clifford. That will not be hard.
CLIFFORD I must be going, Mrs. Williams, the train leaves for Martinsburg in an hour.
CLIFFORD addresses SCHOOLCHILDREN.
CLIFFORD Goodbye, children. Do as Mrs. Williams tells you, and work hard to make your parents proud of you.
SCHOOLCHILDREN (all) Goodbye, Mr. Clifford.
CLIFFORD exits stage.
WILLIAMS Children, thank you for being so good while Mr. Clifford visited us.
SC #7 Teacher Williams, can we sing a song before lunch?
WILLIAMS That’s a wonderful idea. What song would you like to sing?
SC #7 Let’s sing that song that they sang in the Civil War. You know, when Mr. Clifford was fighting for our freedom. You know, “Glory, Glory, Hallelujah!”
WILLIAMS Very well, let’s do that.
WILLIAMS and the SCHOOLCHILDREN face the Audience. The NARRATOR enters immediately.
NARRATOR Please stand and sing with us. The words are in your programs.
ALL Mine eyes have seen the glory of the coming of the Lord, He has trampled out the vintage where the grapes of wrath are stored, He has loosed the fearful lightning of his terrible swift sword, His truth is marching on.
Glory, glory Hallelujah, Glory, glory Hallelujah, Glory, glory Hallelujah, His truth is marching on.
In the beauty of the lilies, Christ was born across the sea, With a glory in His bosom that transfigures you and me, As He died to make men holy, let us live to make men free, His truth is marching on.
Glory, glory Hallelujah, Glory, glory Hallelujah, Glory, glory Hallelujah, His truth is marching on.
NARRATOR Thanks for your excellent singing. Please be seated while we prepare for Act Three. We’ll enjoy a selection from our musicians.
WILLIAMS and the SCHOOLCHILDREN leave the stage. END OF ACT ONE TC \l5 "
ACT TWO COURTHOUSE, PARSONS, WEST VIRGINIA - 1894
The BAILIFF comes on stage and speaks loudly:
BAILIFF Oyez, oyez, oyez. Please stand and remain standing (At the Bailiff’s motioning, the AUDIENCE stands.) The Circuit Court of Tucker County is now in session, the Honorable Joseph T. Hoke, presiding.
JUDGE HOKE, CLIFFORD, WILLIAMS, STREIBY, and MEYER enter, all at the same time. When they are in place, the BAILIFF continues:
BAILIFF Oyez, oyez. All persons having matters to bring before the court now make their presence known. Silence is commanded under penalty of fine and imprisonment. Be seated. Be seated.
All, including the AUDIENCE, are seated.
JUDGE HOKE Good morning, everyone. Mr. Bailiff, please summon the members of the jury.
BAILIFF The following persons will serve as jurors in this case. (BAILIFF calls out names of JURORS (the names are on a separate list.)
After the JURORS’ names are called, the BAILIFF faces the JURORS and speaks to them.
BAILIFF Members of the Jury, please stand and raise your right hands.
The JURORS stand. BAILIFF Do you swear or affirm that you will try the case before you fairly and solely upon the evidence and the law, so help you God?
JURORS (all) I do.
BAILIFF Be seated.
The BAILIFF and JURORS sit down. JUDGE HOKE addresses the JURORS.
JUDGE HOKE Members of the Jury, today we have a case in which the plaintiff, Mrs. Carrie Williams, a schoolteacher in Coketon, has sued the Board of Education for the Fairfax District of Tucker County for three months' salary. Mrs. Williams’ attorney is Mr. J. R. Clifford. Please stand for a moment, Mrs. Williams and Mr. Clifford.
CLIFFORD and WILLIAMS stand for a second, then sit down.
JUDGE HOKE The Defendant Board of Education is represented by its Secretary, Mr. H. A. Meyer .
MEYER stands.
JUDGE HOKE And the School Board’s lawyer is Mr. C. O. Streiby.
STREIBY stands. Then MEYER and STREIBY sit down.
JUDGE HOKE Now we will begin our trial. Ladies and Gentlemen of the jury, in this case you will hear . . .
An AUDIENCE MEMBER (a “plant” in the AUDIENCE, about the fifth row back, dressed in contemporary costume) stands up and interrupts JUDGE HOKE:
AUDIENCE MEMBER Your Honor, I have a question!
JUDGE HOKE What is your question, [Ma’am or Sir]? You are interrupting a trial, you know!
AUDIENCE MEMBER Your Honor, I know that this re-enactment is not supposed to be one hundred percent historically accurate. But I think you may be way off base on some important things!
JUDGE HOKE Ma’am, what specifically are you referring to?
AUDIENCE MEMBER Well, for one thing, there are African Americans on the jury. Was that legal in the 1890s? And what about those women on the jury? Is that historically accurate?
JUDGE HOKE Well, the Narrator said that this play was partly a work of imagination. We do have our play’s Author in the audience. Let’s ask him.
JUDGE HOKE addresses the AUTHOR, who is seated in the Audience.
JUDGE HOKE Mr. Author, what do you have to say about our play’s historical accuracy?
The AUTHOR stands and addresses JUDGE HOKE.
AUTHOR Your Honor, the United States Supreme Court ruled in 1880 that blacks could not be excluded from juries in West Virginia. I’m not saying that ruling was always enforced - but that was the law in the 1890s. However, the audience member is right about the women on the jury. It wasn’t until 1957 that women won the right to sit on juries in West Virginia. You know, women only won the right to vote in 1921. And . . .
JUDGE HOKE interrupts the AUTHOR.
JUDGE HOKE Thank you, Mr. Author, that’s enough of a history lesson. We have a trial going on here. Can you tell us why this jury is not historically accurate?
AUTHOR Well, your Honor, I felt bad about recreating a segregated school in the last Act. So by the time it came to casting the jury, I decided to rewrite history a little bit for the better.
JUDGE HOKE I suppose your motives are understandable. Please be seated.
Author sits down. JUDGE HOKE addresses CLIFFORD.
JUDGE HOKE Mr. Clifford, do you have any objection to the jury?
CLIFFORD stands up. CLIFFORD No, your Honor.
CLIFFORD sits down. JUDGE HOKE addresses STREIBY.
JUDGE HOKE How about you, Mr. Streiby?
STREIBY stands up.
STREIBY No objection, your Honor.
STREIBY sits down. JUDGE HOKE addresses the AUDIENCE MEMBER.
JUDGE HOKE [Sir or Ma’am], your point may be well taken, but I think we are bending history in a good cause here. Let's move on with our trial.
JUDGE HOKE turns to the Jury.
JUDGE HOKE Ladies and Gentlemen of the Jury, as I was saying, this case involves a suit by a schoolteacher for three months' wages. The lawyers have agreed to waive their opening statements. Lawyer Clifford, please call your first witness.
CLIFFORD stands up.
CLIFFORD We call the plaintiff, Mrs. Carrie M. Williams.
WILLIAMS walks to the witness stand and sits down. The BAILIFF stands and approaches WILLIAMS.
BAILIFF Do you swear or affirm that your testimony shall be the truth, the whole truth, and nothing but the truth, so help you God?
WILLIAMS I do.
The BAILIFF returns to his seat and sits down.
CLIFFORD State your name.
WILLIAMS Mrs. Carrie M. Williams.
CLIFFORD What was your employment in 1892 and 1893?
WILLIAMS I was teaching in the colored school in the Town of Coketon.
CLIFFORD Did you have a written teaching contract with the Board of Education?
WILLIAMS No, the School Board refused to give me a contract for eight months, like the contracts that they gave the teachers at the white school. The Board wanted me to sign a contract for only five months. But I would not do it.
CLIFFORD Mrs. Williams, what happened after five months?
WILLIAMS I kept on teaching, but the school board would not continue to pay me. My husband and I used our savings to live on, so that I could give my pupils a fair education. I am still owed three months' wages -- $120.00.
CLIFFORD So it was a desire for fair education that motivated you?
WILLIAMS Fair – and legal!
CLIFFORD Your Honor, I have no further questions. Mr. Streiby may inquire.
CLIFFORD sits down. STREIBY stands up.
STREIBY Mrs. Williams, at the end of the five months, didn’t the School Board Secretary tell you he would not give you any more payments? And didn’t he demand that you give him the class register?
WILLIAMS Yes, he did.
STREIBY You did not give Mr. Meyer the class register, did you?
WILLIAMS No, Sir, I didn't. I kept it., and I completed it for the full eight months. Here it is.
WILLIAMS hold up REGISTER BOOK, opens it and reads:
WILLIAMS The register shows that I taught for eight months. We covered eight subjects: orthography, reading, penmanship, arithmetic, grammar, history, geography, and language lessons. They are good children and they all worked hard at their studies, and . . . ..
STREIBY (interrupting) Excuse me, Teacher Williams. The only reason that you give for teaching eight months is because the white children had eight months?
WILLIAMS Well, yes. That is correct. And, I believe, it is the law.
STREIBY No further questions, your Honor.
STREIBY sits down.
JUDGE HOKE Mr. Clifford, do you have any re-direct examination?
CLIFFORD stands up.
CLIFFORD Your honor, I ask that the class register be admitted into evidence and shown to the jury.
STREIBY stands up and addresses JUDGE HOKE.
STREIBY We see no relevance to the class register. They are just standard notes.
JUDGE HOKE You brought up the subject of the register, Mr. Streiby. I believe it is relevant and I will admit the register into evidence. The BAILIFF may pass it to the jury.
The BAILIFF stands, walks to WILLIAMS, takes the REGISTER from her, walks over to the JURY, and hands the REGISTER to a JUROR on the end of the front row of the jury box. As the next witness is questioned, the JURORS pass the REGISTER to each other, each briefly looking at the REGISTER. The last JUROR to look at the REGISTER places the REGISTER on the jury box ledge.
JUDGE HOKE The witness may step down.
WILLIAMS stands, returns to her seat beside CLIFFORD and sits down.
JUDGE HOKE Mr. Clifford, call your next witness.
CLIFFORD Your Honor, we call Mr. Harold A. Meyer.
MEYER, who is seated at counsel table next to STREIBY, looks at STREIBY questioningly, to see if MEYER should take the witness stand. STREIBY nods his head to MEYER, indicating that it is all right for MEYER to take the witness stand. MEYER stands, walks to the witness stand, and sits down. The BAILIFF approaches MEYER.
BAILIFF Do you swear or affirm that your testimony shall be the truth, the whole truth, and nothing but the truth, so help you God?
MEYER Yes, Sir, I do.
CLIFFORD stands at counsel table, asks questions of MEYER.
CLIFFORD State your name and occupation.
MEYER My name is Harold A. Meyer. I am employed as a Vice-President of the Davis Coal and Coke Company. I am also the secretary of the Board of Education of Fairfax District, Tucker County.
CLIFFORD The Board of Education sets the property taxes for the District, and those taxes pay for the schools in the District, is that correct?
MEYER That is correct.
CLIFFORD In the 1892-1893 school year, the colored children’s school received funds for five months, while the white children’s school received funds for eight months. Why was that, Mr. Meyer?
MEYER Well, it was simple arithmetic. We calculated the number of white children in the district, and the number of colored children. There were less colored, so their share of the taxes only allowed for five months of school.
CLIFFORD Mr. Meyer, could you not raise the property taxes -- to pay for a full eight-month term of school for both white and colored children?
MEYER I don't know . . . I mean, that would mean . . .
STREIBY stands and interrupts MEYER.
STREIBY Objection, your Honor, the question calls for speculation.
JUDGE HOKE The objection is sustained.
CLIFFORD Mr. Meyer, does the Davis Coal and Coke Company own large tracts of property in the Fairfax District of Tucker County, and pay most of the school tax?
STREIBY stands up and addresses JUDGE HOKE.
STREIBY Your Honor, I fail to see the relevance of this question.
CLIFFORD TC \l5 " It goes to the witness’ motive, your Honor.
JUDGE HOKE The objection is overruled. The witness may answer.
STREIBY sits down.
MEYER TC \l2 " Of course the Davis Coal and Coke Company does pay a large portion of the school property tax, but that’s not the . . . TC \l2 "
CLIFFORD (Interrupting) Thank you, Mr. Meyer, I have no further questions.
CLIFFORD sits down.
JUDGE HOKE Mr. Streiby, any cross-examination?
STREIBY stands.
STREIBY Yes, your Honor.
Mr. Meyer, is your service on the Board of Education, solely a public service to the community?
MEYER Yes, Sir. And of course, as an officer of Davis Coal and Coke, our company has an interest in maintaining a an educated and contented work force.
STREIBY Were you at all times acting within the law as you understood it?
CLIFFORD stands up.
CLIFFORD Objection, the question calls for a legal conclusion. And it is irrelevant what this witness thought the law was.
JUDGE HOKE I agree. The objection is sustained.
STREIBY Your Honor, I have no further questions.
STREIBY returns to his chair, but remains standing.
JUDGE HOKE Mr. Clifford, any redirect examination?
CLIFFORD No, your Honor. The Plaintiff Carrie Williams rests her case. We believe our evidence is sufficient to show that Mrs. Carrie Williams should be paid $120.00 for her teaching services.
JUDGE HOKE Mr. Streiby?
STREIBY The Defendant also rests. We believe our evidence is sufficient to show that Mrs. Williams had no contract and is not owed any sum.
JUDGE HOKE Very well. Will counsel please be seated?
STREIBY and CLIFFORD sit down. JUDGE HOKE turns and addresses the JURORS.
JUDGE HOKE Members of the Jury, it is now my task to instruct you in the law. Then the attorneys will make their arguments, and it will be your task to deliberate and render a verdict.
(Brief Pause)
The Court instructs you that the Constitution of the State of West Virginia provides that whites and colored shall not be educated in the same school. The law also provides that the Board of Education must establish schools for the equivalent education of the colored children in the District. The Court finally instructs you that a person may not seek payment for a task without a contract. But it is also true that every contract must comply with the law.
(Brief Pause)
Your verdict must be based upon these fundamental rules that I have presented to you. Mr. Clifford, you may address the Jury.
CLIFFORD stands and addresses the Jury.
CLIFFORD Members of the Jury, thank you for your attention to Teacher Carrie Williams’ case. The simple issue that you must decide is: will we follow the law of the State of West Virginia? The law requires that the school board must provide the necessary funds for the colored children’s schooling, even if it means that the Davis Coal and Coke Company will pay more in taxes.
Mrs. Carrie Williams earned that $120.00 -- as a just and law-abiding citizen of this land.
I see such citizens before me today. Members of the jury, it is your duty to award my client $120.00. And I thank you again for your attention.
CLIFFORD returns to his seat. STREIBY stands and addresses the Jury.
STREIBY Members of the Jury, of course I also ask you to follow the law. But the law does not contradict our common sense. We all know that that no one may perform work and make a claim for payment -- unless there is a contract to do the work.
Let’s take an example that anyone can understand. I cannot build a shed in your back yard in the middle of the night, and then in the morning present you with a bill -- if you did not first agree to pay me.
The Board of Education set the term for the colored school at five months. And no one challenged the Board’s action. Mrs. Williams cannot make her claim in this Court.
Members of the jury, you must find for my client.
Thank you for your attention.
STREIBY returns to his seat and sits down.
JUDGE HOKE Members of the Jury, the time has come for you to deliberate on your verdict.
The JURORS “put their heads together,” and, very simply, mime deliberating. JUDGE HOKE, STREIBY, MEYER, and the BAILIFF are still. WILLIAMS and CLIFFORD stand and move to the front of the stage and have a conversation.
WILLIAMS What do you think, Mr. Clifford? How did we do? Will we win?
CLIFFORD You did wonderfully, Mrs. Williams. And, even if the jury’s verdict is for you, the case is not over. The school board will almost certainly appeal any judgment in our favor.
WILLIAMS But we do have a good chance to win, don’t we?
CLIFFORD Of course we do. Now I think that the jury has reached a verdict.
CLIFORD and WILLIAMS return to their seats. The JURORS stop deliberating and the FOREPERSON of the jury stands up.
Be seated.
JUDGE HOKE addresses the jury.
JUDGE HOKE Members of the Jury, have you reached your verdict?
JURY FOREPERSON stands.
JURY FOREPERSON We have, your Honor. We find for the Plaintiff, Mrs. Carrie Williams, in the amount of $120.00.
STREIBY and MEYER react with frowns and shaking of their heads in disbelief. CLIFFORD and WILLIAMS smile excitedly and shake hands. The JURY FOREPERSON sits down. JUDGE HOKE addresses the Jury.
JUDGE HOKE The Court thanks the members of the Jury for your service. I will enter judgment for the Plaintiff Carrie Williams in the amount of $120.00 plus court costs and interest.
JUDGE HOKE addresses STREIBY.
JUDGE HOKE Mr. Streiby, do you have any motions or intention regarding appeal?
STREIBY stands.
STREIBY Your Honor, the Board of Education asks this court to set aside the jury's verdict as being contrary to law. We also give notice that we will file an appeal to the West Virginia Supreme Court of Appeals.
JUDGE HOKE I deny your request to set aside the judgment. I believe the jury had the right under the law and evidence to rule as they did. Please post your appeal bond with the Clerk within 60 days.
JUDGE HOKE turns to CLIFFORD.
JUDGE HOKE Mr. Clifford, anything further for the Plaintiff?
CLIFFORD stands.
CLIFFORD Your Honor, the Plaintiff thanks the Court and the Jury for the opportunity to present our case. We will respond to any appeal, although we would prefer to simply collect the money that is due to us.
JUDGE HOKE Mr. Clifford and Mr. Streiby, thank you both for your presentations. Mr. Clifford, I hope you have enjoyed your visit in Tucker County and I wish you well in your travel homeward.
JUDGE HOKE addresses the Jury.
JUDGE HOKE Members of the Jury, you are discharged from your service. Mr. Bailiff . . .
The BAILIFF stands and says in a loud tone:
BAILIFF Please stand and remain standing while the Judge and the litigants leave the courtroom.
All stand, including the AUDIENCE. JUDGE HOKE, STREIBY, MEYER, CLIFFORD, WILLIAMS, and the BAILIFF exit. When the stage is clear, the NARRATOR promptly enters and speaks to the Audience.
NARRATOR Please be seated. While we set the stage for our next Act, let’s have another musical selection. Please welcome [ ].
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