The Fixers

CHAPTER XVII

THE FIXERS

A ROTUND, SANDY-HAIRED ex-Deputy Sheriff picked his way dejectedly down the stairway at the Phenix City Hall. His usually friendly face was creased with worry.

"I'm a victim of circumstances," he said.

J. H. (Ashie) Roberts was just another of the fish caught in the cleanup net cast about Russell County after Albert Patterson's murder. If he had been guided along the path of righteousness and had worked for honest people, "Ashie" would have been a good man. But he was, indeed, a victim of circumstances in that he went to bat for the wrong side."Ashie" would go to the Board of Registrar, where his wife was a member, and simply register individuals with the board so they could vote. The people to whom he granted the franchise as likely as not weren't even present, nor did they know what "Ashie" had done for them.

As any corrupt machine knows, control of the voters' list is a must. So, too, is the guidance of juries. With the voters' list in its command, the machine can defy opposition and win every election. Juries which are answerable to the bosses never will convict guilty members of the machine brought to trial but an honest man who makes trouble for the mob will find himself railroaded out of the way.

The Phenix City gangs were well aware of this. As late as 1954, they offered political support to Attorney William Belcher, a candidate for the State Legislature, in return for his recommendations to the Governor that Ernest Allen be appointed to the Jury Commission.

Russell County has a population of about 43,000 persons. But from 1944 until mid-1954, only 1,966 male citizens were called to serve on juries, and of this number 1151 served an average of five times each. These jurors were, by and large, machine men, but sometimes a doubtful person would accidentally appear on a jury.

When he did, the machine pulled all the stops in an effort to whittle the man down to size. It always succeeded. The "phantom wire tapper" of Chapter Thirteen made a recording in the late 1940s of an incident in which a lone juror threw the entire Russell County political-gambling combine into a conniption fit. With a "tap" on the telephone of Kingpin Hoyt Shepherd, the phantom found out exactly how perturbed the boys became.

The man who upset them was on the eighteen-member Russell County Grand Jury. Shepherd learned that this man was visiting gambling centers, with a notebook and pencil, Then the fun began.

Before the affair ended. Shepherd had involved, among many others, Sheriff Ralph Matthews, Chief Deputy Sheriff Albert Fuller, Jimmy Matthews (Shepherd's partner), and gamblers Godwin (Sonny) Davis Jr. and Clyde Yarbrough.

The juror went first to the Blue Bonnet Cafe and then to the Manhattan Cafe where a Deputy Sheriff spotted him and passed the word to Shepherd. The kingpin called nightspot operators to tip them and was informed by Clyde Yarbrough that "Chink" Culpepper was tailing the juror. Raymond Griggs later relieved Culpepper.

Aware that he was being followed, the juror went to a friend's home where he changed clothes in order to confuse his pursuers. Later, after a few more night club visits, he entered the office of Solicitor Arch Ferrell, who was in charge of the Grand Jury, to discus gambling with him. While Ferrell was talking with the man. Sheriff Matthews passed the information to Shepherd, who said if things got hot the Sheriff might have to make a few raids the following day.

Shepherd dispatched Yarbrough and another gambler, France Knighton, to the place where the juror had changed clothes. This man's name was not revealed in the wiretaps.

Then Shepherd frantically began trying to find Jimmy Carpenter, a member of the jury and close friend, so they could head off any uprising among jurors which would embarrass and hurt Shepherd financially. Carpenter expressed surprise to learn that a fellow member of the jury was inquiring into gambling.

"We're trying every way in the world to stop him before morning," Shepherd said.

Carpenter assured the gambler that he had enough votes on the jury to bingo any action the lone investigator might sponsor. Shepherd was worried and didn't want to take any chances. He advised his cohort to move for adjournment the following day and so prevent any further issues from being voted.

Shepherd telephoned Lum Griggs who informed him that Jim Whitehead had been dispatched to a friend of the inquisitive Grand Juror in hopes the friend could persuade the juror to quit meddling. Still working full time on the issue, Shepherd contacted his brother, Grady, to be on the lookout for the man with the notebook. A woman club operator called to volunteer the dope that the juror had come to her place to get change for a quarter,

Jimmy Matthews kept jumping back and forth on the line to stay in touch with Shepherd.

"He's a one-man police force," Jimmy commented.

Sheriff Matthews came back with a guess, "Maybe," surmised the cynical Sheriff, "he's flashing around for a nibble."

Not satisfied. Shepherd called Carpenter again and had Carpenter run down the list of jurors and tell him whether each man was "for" or '' against" them. Carpenter assured the boss everything would be all right. Shepherd, however, was the cautious type and instructed that everyone available be put to work on the case right away.

Before the day was over. Shepherd was assured by Chief Deputy Fuller that the jury would "vote right." Fuller offered the services of Deputy J. D. Harris, City Commissioner Otis Taff and Circuit Court Clerk I. C. Wheelis, while City Clerk Jimmie Putnam volunteered his talents.

Back came Sheriff Matthews to set the master's mind at ease overnight. He said he had a "paper" ready to serve on the juror if he didn't cease and desist from the activities. This was an arrest order by which the juror was to be charged with the theft of a magneto.

The kingpin was pleased but suggested that Solicitor Ferrell serve the paper rather than the Sheriff. He advised Matthews not to use the paper if the juror agreed to keep quiet.

"Just keep it in your pocket," he told the Sheriff. "If you can't touch him, we can bring it to a vote and see what some other fellows want to do,'*

"A few of our key men can hold it down," the Sheriff replied. "You take care of your end and I'll take care of mine."

Not content with calling only the people and jurors he knew personally. Shepherd on the following day instructed someone he named only as "Charlie" to "go see that guy you know on the Grand Jury. Tell him this, 'you don't do a damned thing but vote No Bills and make it stick, you understand.' "

A "No Bill" means that the Grand Jury dismisses a case or fails to indict someone on a specific charge. Shepherd was afraid of what the lone juror might bring up and to be on the safe side he wanted the jury to vote against every matter that arose.

Shepherd called a former employer of a member of the jury and told him to hire the man back, on a permanent basis. In hiring him. Shepherd added, be sure and tell him to vote "no" on all issues under jury consideration,

"Go do that now," he directed,

A grand daddy of a scheme was decided upon when Shepherd told Carpenter to tell the annoying investigator that a warrant was being prepared for his arrest.

"I heard somebody was going to try to pin on you that you stole a magneto you had last night," Carpenter was instructed to say, "I'm your friend and I want to help you, so let's adjourn this Grand Jury and get it out of the way."

As soon as the session ended the following day. Carpenter reported by telephone to Shepherd.

All their fears had been groundless. The "crusading" juror was trying only to make a deal for himself. Carpenter explained to Shepherd that the juror had seen a couple of persons turned loose on shooting charges, and just wanted to make certain that an indictment was brought against a man who had shot a friend of his. He had planned to use the information about the slot machines as a club over the heads of the other jurors to bring about the indictment.

The individual the juror wanted tabbed was indicted-speedily.

Thus ended the fears generated by the note-taking juror. Carpenter told Shepherd that on the day of the showdown, he had been the first one in the Grand Jury room. Fourteen of the members were definitely lined up against any gambling investigation, Carpenter said, and the others advised him they were "ready to stick with us." He read off the names of the faithful to Shepherd,

After the '' Crusading" juror was placated, Carpenter said the final session was just like a church meeting." Far from there being any need to prevent the lone juror from writing a minority report on gambling, the Grand Jury report "came out even better than I had hoped for," according to Carpenter, and actually praised law enforcement officers.

After profuse thanks from Shepherd for a job well done, Carpenter volunteered future services on Grand Juries, noting: "I know a lot of the angles now."

The foreman of this Grand Jury was appointed to the Russell County Jury Commission by Governor Folsom in1955.

When two bus drivers became members of a Grand Jury and showed signs of independence, the move against them was swift and conscienceless.

"If that bus driver gets up and tries to start anything," one juror told Shepherd, "I'm going to say to him, 'I heard you were trying to see how much money you could get up here and I'm going to vote to indict you.' I'll scare hell out of him."

Another advised Shepherd that he'd take the entire Grand Jury "downtown and investigate the way the bus lines operate. When I get him down there talking to his boss, damn' if be won't be ready to adjourn."

There was an occasion when Shepherd was on trial for the murder of a former associate, Fayette Leebern. An outstanding Birmingham lawyer, Roderick Beddow, was brought to Phenix City as a special prosecutor, Seeing Beddow at the counsel table, Shepherd strutted over to greet him, saying that Beddow's fame had preceeded him and it was a pleasure to make his acquaintance.

However, he added cordially, this was one case that Beddow was going to lose. As it developed, Shepherd was correct.

A trick the machine sometime used to influence jurors was to slip them surprise donations of $100 bills. The money would be secreted under the jurors' plate at lunch.

Grand juries were composed of men who could see no evil, hear no evil, and speak no evil although they were surrounded by evil. From the Grand Jury room on the second floor of the courthouse, they could see the neon lights blinking a block away. Solicitor Ferrell could get the same view from his office.

Grand juries under Ferrell's direction repeatedly failed to find any wrong doing in the fields of dope, gambling, prostitution, official corruption, and even the gang killings. One such jury, after working like Trojans, did find a hole in a screen door at the courthouse. Without hesitation, without a thought to their own safety, with true patriotism, jurors recommended in forceful language that the hole be repaired. It was a forthright and commendable stand against flies.

The gang spent just as much time in controlling votes as it did in pulling the strings on juries,

Russell County has fourteen voting boxes. The combine had leaders for each box to make certain the vote was delivered. Jimmy Matthews was the major domo of Box Number One at the store of County Commissioner Oscar Cole. The Godwin Davises presided over Box Five at the Palace Theater. E. L. (Red) Cook, Ernest Allen, and Deputy Aaron Smith had charge of Box Six at Five Points while Assistant Chief of Police Willis M. (Buddy) Jowers ruled Box Seven at City Hall. Chief Fuller, with a gun on his hip, ran Box Eleven at the County Jail.

Box Five was one of the largest. The voters' list there had 721 names on it, but 256 of those names had no addresses in the county, twenty-five voted in Russell as well as across the river in Columbus, Georgia, and sixteen were the names of dead people. Other boxes ran in similar proportions, so that an average of one-third of the voters on the eligible index were registered illegally.

National Guard Captain Edward W. Millar, First Lieutenant George J. Stacey, and Lieutenant James G. Hartline were amazed at what they found when probing false voting.

The Guard, in a raid on the Bama Club, stumbled across a cigar box containing fifteen registration certificates and seventy-five poll tax receipts. In Alabama, a "registration certificate" is given to a person who qualifies to vote. To qualify, the individual must meet certain educational standards as decided by the Board of Registrars. He also must possess a certain amount of property.

Although the educational test has been prepared by the State Supreme Court, registrars are absolute despots over the voters' list because an individual cannot get on the list to vote unless the board gives permission.

Even then the eligible voter must pay $1.50 a year poll tax, unless he is exempted by law. Among those exempt are war veterans, the deaf and the blind, and persons over forty-five years of age.

On the County Board of Registrars before the cleanup were M. W. Holley as chairman, A. B. Bell, and Mrs. Gaynelle Roberts, who was the wife of Deputy "Ashie" Roberts. The Guardsmen questioned the board members and began checking the registration certificates they had found. They were able to locate one resident, a woman, who told them that Gambler Doug Abney had come to see her. He asked her name, age, place of birth, and all the other questions the board needs to know, and told her she would be registered as a voter without going to the courthouse to do so personally.

A comparison of the woman's handwriting with that on the certificate showed that someone else had signed her name to the certificate. The handwriting of the one who had made out the certificate turned out to be that of "Ashie" Roberts. He even signed the name of the registrant. "Ashie" said that Chief Fuller had given him a list of citizens to register and he did it to relieve the board members who often were overworked.

* 'Ashie" was arrested on three counts of false registration. (He was let off with a fine of $250.) The day after "Ashie's" arrest, Deputy Smith got busy. He visited three different homes and took with him the registration certificates made out in the names of the occupants. He said that if the National Guard came to see them the residents were to swear they had filled out the certificates themselves,

Frightened, the three residents reported the contact to the Guard. Each of the three said he had never registered, had never paid poll taxes, had never voted; but the records showed that they were registered, their poll tax had been paid, and that they had voted in elections. Each related that Smith, under the guise of his badge and friendship, had told them he would see that they were made eligible to vote.

It was important to the syndicate to have numerous names on the voters' list. If one box had only 500 names in it, the theft would be too obvious if at election time the box reported 600 ballots had been cast. The more illegal names there were in a box, the greater the margin with which the machine could play.

During one raid on the home of Chief Fuller, the Guard found two large sheets of paper containing about 100 names showing the poll tax had been paid for them for the years 1951-52. Lieutenant Stacey said he believed the names were people for whom Fuller personally paid the poll tax.

The ballot box and the jury system are two of America's most important fundamental democratic processes. When they are stolen, the government itself is stolen.