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CG | BCMR | Discharge and Reenlistment Codes | 1998-087appendices
Original file (1998-087appendices.pdf) Auto-classification: Denied
 
 

 

APPENDIX A 

EXCERPTS OF STATEMENTS IN THE 194x F.B.I. REPORT 

 
On Wednesday, October 31, 194x, an F.B.I. agent boarded the Xxxxxx to take statements 
 
from  the  crewmembers  concerning  the  stabbing.    He  had  already  interviewed  and  received  a 
signed and sworn statement from the applicant at the jail in Xxxxxxx on Tuesday night, October 
30, 194x.  In his report, the agent included statements that he indicated were signed and sworn to 
by the applicant and crewmembers who were transferred from the ship to serve as witnesses and 
statements that he indicated were made by other eyewitnesses during their interviews with him.  
The agent reported that the statements were made in duplicate and that the duplicate copies were 
given to the United States District Attorney in Xxxxx, Xxxxx.  The following are excerpts from 
the affidavits in the F.B.I. report. 

194x Statement of the Applicant1 
 

I, [the applicant] make the following statement to … Special Agent of the Federal Bureau 
of  Investigation.    The  statement  is  made  free  and  voluntary.    No  premise  of  force  or 
threats  have  been  made  as  an  inducement  for  making  this  statement.    I  have  been 
informed and know that this statement may be used against me in a court of law 
 
About 12:05 a.m., 10-27-4x I was in the Mess Hall, and told a friend of mine, [J.M.] I was 
going to my sack.  I left the mess … and went up the ladder from the mess deck.  I met 
[R.Y.] by the landing forced lockers on the starboard side of the ship at the top of the lad-
der from the mess deck.  I said [R.Y.] you are drinking [sic] because he and I were drink-
ing ashore while on liberty 10-26-4x.  After I got in middle of the hatch going aft in the 
starboard side passageway, [L.S.] shoved me and said “go hit your sack you black cock-
sucker.”  After [L.S.] pushed me he gripped me by my coat, in front.  At that time, I stuck 
my right foot out and pushed him, hitting [L.S.] about his hip.  Then I started down the 
passageway going aft in the starboard passage.  [L.S.] was right behind me after me.  As I 
got to the galley door I turned and [L.S.] made a reach for me.  So I caught hold of the rail 
by the galley door and bulk head on the starboard side of the passageway and pushed 
[L.S.] with my right foot.  At that time [R.W.], who was behind [L.S.], said “get him” and 
I started running.  [R.W.] was close behind [L.S.].  I run [sic] back aft through the hatch to 
compartment 201,[2] going down the middle ladder.  I run to the port side of compart-
ment 201 and aft to the hatch between compartment 201 and 202, on the port side.  I went 
past my sack on the port side of compartment 202 around some bunks turning forward 
and  ran  to  the  starboard  hatch  between  compartment  202 and  compartment  203.    As  I 
was undogging the hatch between compartments 202 and 203, [R.W.] called out, “[Appli-
cant], [L.S.] has hit his sack and I shouldn’t have kicked him.” 

                                                 
1  The agent reported that the applicant made this statement while in the Xxxxxxx jail between 9:30 p.m. 
and  1:30  a.m.,  after  having  been  arraigned  by  the  Commissioner  at  3:15  in  the  afternoon.    The  agent 
reported that the applicant “was advised of his constitutional rights.”  The applicant’s statement was also 
signed  by  the  agent  and  the  Deputy  U.S.  Marshal  for  Xxxxxxx,  Xxxxx,  as  witnesses.    The  applicant’s 
recent statements are excerpted in Appendix B on page B-1. 
2    The  crewmembers  refer  to  the  same  compartment  as  both  201  and  201L.    Compartment  202  is  also 
referred to as 202L, 203 as 203L, and so on. 

 
A pipe was involved.  Whether the pipe was on the dogs of the hatch I do not remember.  
I didn’t pay much attention.  I do not remember having the pipe in my hand.  The pipe 
involved was one that is used in dogging the hatches.  I do not remember giving the pipe 
to [R.W.]. 
 
I walked back around to my locker in compartment 202.  I opened my locker and threw 
my neckerchief in my locker.  And at that time a man by the name of [L.N.] walked up to 
me  and  said  “[Applicant]  I  do  not  want  to  see  you  get  in  no  trouble.”    At  that  time  I 
heard [R.W.] yell “he is a knife man.”  I did not know whether he ment [sic] me or not.  
[R.W.] came around to my locker where I was standing.  [R.W.] said “if I cut [L.S.], he, 
[R.W.], would bend a pipe over my head” and also said “I’ll do you like they do Negros 
in Texas.”  Then [E.G.] began talking with [R.W.] saying that they hang and beat Negros 
in Texas.  [L.N.] was talking to [R.W.] and [R.W.] kept repeating about the knife “if I cut 
[L.S.], he, [R.W.] would bend the pipe over my head.”  I had not seen my knife yet.  That 
is up to that time I had not seen my knife.  I told [R.W.] I had no knife.  My knife was 
locked up. 
 
After I told [R.W.] my knife was locked up, I was standing 1 good step forward of my 
locker.  I step [sic] back to my locker and stooped and squatted down and raised the lid 
of my locker.  And before I could look into my locker [B.C.] showed [L.S.] where I was.  
[B.C.]  was  standing  in  front  of  the  portside  hatch  between  compartments  202  and  201, 
standing in compartment 201.  I also heard [L.S.] yelling “[Applicant! Applicant!]”  [B.C.] 
said  there  that  Negro  is.    That  is  all  I  could  understand.    [L.S.]  came  through  the  port 
hatch from compartment 201 to 202 charging after me.  He was over me attempting to hit 
me.  I held my hands over my face knocking his blows off with my arms.  I got up and 
ran back around the port inboard sacks of compartment 202 and up to the forward end of 
the port inboard sacks.  A crowd of men [was] standing around the forward end of the 
inboard sacks of compartment 202 and directly in front of the port hatch of compartment 
202 and forward of my locker on the port side of compartment 202.  I was trying to push 
my way through the crowd of men and somehow stumbled or fell to the deck.  Someone, 
I do not know who, was hold [sic] me and I was pushing; they suddenly let me go or I 
stumbled.  One or two fellows had hold of my arms.  I was yelling, “Hold [L.S.], don’t 
hold  me”  and  repeated  “Hold  [L.S.],  don’t  hold  me.”    “You  hold  me  but  won’t  hold 
[L.S.].”  By that time I was turned loose and all of a sudden I fell, stumbled or something.  
Anyway I was on the Deck.  I was run around the inboard bunks on port side of com-
partment [unreadable].  As I was on the deck I could see the [unreadable] was close to it, 
which was also close to my locker on the port side of compartment 202.  I didn’t have a 
change [sic] to get completely up and [L.S.] gripped my neck with his arm.  His arm was 
under my chin.  [L.S.] pulled me up which brought me to my knees.  I tried to make a 
struggle to get lose from [L.S.].  I tried to break his arm hold from around my neck.  I 
could hardly breathe.  So [L.S.] just about dro[??]ed me.  That time my arm went into my 
locker.    I  raised  the  lid,  as  it  was  closed,  for  I  remember  telling  [R.W.]  my  locker  was 
locked, but in fact it was only closed.  After I raised the lid I put my hand in my locker.  
[L.S.] pulled me up again.  I was on my knee.  My hand was down in the bottom of my 
locker.  He almost dropped me again.  I fell down and felt the handle of my knife with 
my right hand which was in my locker.  I pulled my knife out of the sheath.  Seeing no 
one was trying to stop [L.S.] or pull him off of me, and my neck was in very much pain, I 
got up on my feet.  [L.S.] still had hold of my neck with my head bent over forward.  My 
right arm and hand in which I was holding my knife went around over [L.S.’s] back.  I 
can’t recall anything after that.  My mind went blank.  I can not recall stabbing [L.S.].  The 
next thing I remember is the fellows were punching me and all the time they were talking 

and pushing me toward the ladder in compartment 202 at that time the boys dropped me 
and started kicking me.  [R.R.] the Officer of the Day run down the ladder into compart-
ment 202.  He had the gun and ask what was the matter. … 
 
When I had my hand in my locker I was being strangled.  I didn’t really know my knife 
was in my locker, but I was really reaching for it though. … 
 
When my hand which was hold[ing] my knife got over [L.S.’s], he was still choking me. 
 
The applicant also signed the following addendum: 

About a month ago [R.W.] ask [sic] me about where my knife was, the knife I had been wearing 
on my belt.  I told [him] I had put my knife away.  As a matter of fact I put my knife in my locker 
in compartment 202 about a month ago and have not had it out since. 

 
 

 

The report also states that during the interview, the applicant asked for a pencil and paper 
and drew a floor plan of the berthing compartments with lines indicating where he had moved 
during the fight.  The report states that the applicant initialed the drawing and that it would be 
kept on file at the F.B.I.’s office in Xxxxxxx along with the agent’s photographs of the scene. 

194x Statement of J.M.3 

 
[J.M.] and [the applicant] went ashore on liberty at 5:30 p.m. on 10-26-4x.  They went up-
town  where  they  stopped  in  a  jewelry  store  for  awhile;  then  went  to  Helen’s  Tavern.  
[J.M.] drank three or four beers while [the applicant] drank about three or four shots of 
whisky.  Thereafter, they went across the street into another bar.  [J.M.] drank two more 
beers and [the applicant] drank two more shots of whisky.  Between 5:45 and 11:00 p.m., 
[J.M.] estimated that [the applicant] had drank approximately 1/2 pint of whisky, all of 
which was Schenleys whisky. 
 
Between 7:30 and 11:00 p.m., [the applicant] danced with a white girl in one of the tav-
erns one time.  Around 10:00 p.m. he asked her to dance again, but she refused saying 
that  he  was  too  drunk.    [J.M.]  did  not  hear  the  white  girl  refuse  to  dance,  but  was 
informed  of  that  fact  by  [the  applicant].    [J.M.]  stated  that  [the  applicant]  had  been 
drinking, was feeling good, but knew what he was doing.  However, had he been in the 
same position as the girl whom [the applicant] had asked to dance, he would have told 
[the applicant] the same thing that she told him. 
 
About 11:00 p.m., [the applicant and J.M.] went to Helen’s Tavern, where [J.M.] became 
interested  in  talking  with  the  musicians  for  some  15  or  20  minutes.    During  this  time 
[J.M.]  stated  he  could  not  say  whether  or  not  [the  applicant]  drank  any  more  whisky.  
One of the men from the ship, T.S., became drunk and [J.M.] attempted to assist him in 
getting  back  to  the  ship.    Another  man  from  the  ship,  whose  identity  is  not  known  to 
[J.M.], did not like the way [J.M.] was handling [T.S.] and wanted to start a fight.  The 
shore patrol broke that fracas up.  About the same time that the shore patrol broke the 
fracas up, [the applicant] began arguing with the same individual who had been arguing 
with  [J.M.].    [J.M.]  stated  that  he  took  [the  applicant]  out  of  the  bar  to  keep  him  from 
fighting.  They walked out of Helen’s Tavern and the man followed them, continuing to 

                                                 
3  J.M. was one of the other black sailors on the Xxxxxx.  His 1996 statement appears in Appendix B on 
page B-4. 

argue and apparently wanting to fight.  [J.M.] told [the applicant] to leave the man alone 
and that then they would return to the ship. 
 
About 11:50 p.m. [J.M. and the applicant] returned to the U.S.S. Xxxxxx and as they got 
on the ship the same man who had been arguing with [J.M. and the applicant] appeared.  
They went to the Mess Deck for a few minutes where they continued to argue.  [J.M.] got 
up and went to another table leaving the unidentified man with [the applicant].  Shortly 
thereafter [the applicant] stated he was tired of arguing and was going to “hit the sack.” 
…  At that time, [the applicant] walked up the ladder from the Mess Deck, leaving the 
man with whom he had been arguing.  Shortly thereafter, [L.S.] and another man came 
down the ladder to the Mess Deck … asking as to the whereabouts of [the applicant].  … 
[L.S.] stated, “If I find him, I’ll kill him.  He kicked me in my stomach.” 
 
[J.M.] further stated that [B.C.] came down the ladder with [L.S.] and informed [J.M.] that 
he should get [the applicant] inasmuch as [the applicant] had kicked [L.S.] in the stom-
ach. … [F.R.] also told [J.M.] to get [the applicant] because four fellows were looking for 
[the applicant], because they “had it in for him.”  [J.M.] told [F.R.] that he had done his 
best all evening to keep [the applicant] out of trouble so that any further trouble in which 
he got involved would be his own neck.  [J.M.] left the Mess Deck and “hit his sack.”… 
 
[J.M.] further stated that the last time he saw [the applicant] prior to the fight with [L.S.] 
in compartment 202 was as [the applicant] left the Mess Deck.  [J.M.] estimated the time 
to  be  between  12:15  and  12:30.    He  stated  that  [the  applicant]  had  been  drinking,  was 
feeling good, but was not drunk and knew what he was doing.  [J.M.] further stated that 
since he came aboard the U.S.S. Xxxxxx, he had not had any trouble with any of the white 
men  on  board  ship.    He  readily  admitted  that  of  the  four  negroes,  [the  applicant]  was 
liked least by everyone for the reason that [the applicant] has an independent, arrogant 
attitude.  [J.M.] explained that the indifference toward [the applicant] is due strictly to his 
own  personality  and  not  against  him  because  of  his  race.    [The  applicant]  was  always 
arguing with someone.  [J.M.] did not know whether he was arguing just for the fun of it 
or whether he is a quarrelsome individual. 
 
[J.M.]  also  stated  that  the  four  negroes  felt  and  had  even  discussed  the  fact  that  they 
should keep to a minimum all things that would lead to a fracas between the negroes and 
whites on the ship.  They had stated that in view of their racial differences they should 
not make fools of themselves.  The four negroes knew that there were men on board ship 
who did not want them because they were negroes.  However, this feeling on the part of 
the white men was not openly expressed, with the exception of on one occasion when a 
white man declined to move from one compartment of the ship into another to sleep for 
the reason that one or two negroes slept in the compartment. 

 
 
ness at the applicant’s trial. 

The report states that J.M. was transferred off the ship to be available to serve as a wit-

194x Statement of R.W. 
 
 
R.W.  told  the  F.B.I.  agent  the  he  had  “not  observed  any  prejudice  or  discrimination 
shown against the negroes.”  He stated that the other black crewmembers, F.W., M.W., and J.M., 
were “nice fellows” but that the applicant had “always been arrogant, quarrelsome and a ‘wise 
guy’.”  He signed the following statement: 

 

I  went  on  liberty  about  5:00  p.m.,  October  26,  194x,  with  [L.S.];  we  went  uptown, 
Xxxxxxx, Xxxxx.  We had one pint of whisky between us; we gave most of the whisky 
away.    [L.S.]  had  about  five  drinks  and  I  had  four  or  five  beers  and  2  or  3 drinks  …  .  
[L.S.] spent most of the evening talking to an old Indian man and his wife at one of the 
bars at Xxxxxxx, Xxxxx.   
 
To  my  knowledge,  during  the  time,  5:00  p.m.  to  12:00  p.m.,  10-26-4x,  [L.S.]  was  not  in 
contact  with  [the  applicant].    About  20  to  30  minutes  between  10:00  and  11:00  p.m.,  I 
went to the hotel bar, leaving [L.S.] in the other bar.  I saw [the applicant] at the hotel bar; 
he  was  with  [J.M.],  a  negro.    [The  applicant  and  J.M.]  left  the  hotel  bar  shortly  before 
[L.S.] came into the hotel bar.  I know [L.S. and the applicant] did not talk with each other 
while in the hotel bar. 
 
…  [L.S.]  drank  about  five  drinks  of  whisky  between  5:00  and  12:00  p.m.,  he  was  not 
drunk.  He was not quarreling nor fighting and was in no trouble while ashore.  [L.S.] 
and I returned to the ship about 12:00 p.m. midnight, October 26, 194x. 
 
We went on the board deck; I went down the ladder to the Mess Deck on the starboard 
side of the ship.  [L.S.] was following behind me. … he stopped in the cross passage … .  I 
stopped about one-half way down the ladder in a position to see both the starboard pas-
sage and the cross passage. 
 
Three  fellows,  [A.A.,  the  applicant,  and  R.Y.]  were  in  the  cross  passage.    [R.Y.]  was 
drunk—the three seemed to be arguing.  I heard some scuffling and saw [the applicant] 
kick [L.S.] in the stomach.  His arms were spread out and he was bracing himself against 
the walls of the passageway.  He kicked with his right foot; I do not know what started 
the  kicking.    After  kicking  [L.S.]  one  time,  [the  applicant]  turned  around  and  ran  out 
down the starboard passage-way … .  About fifty feet down the starboard passage-way 
…, [the applicant] stopped, turned around and again kicked at [L.S.].  I can’t say whether 
he  actually  kicked  [L.S.]  inasmuch  as  [L.S.]  was  between  [the  applicant]  and  myself.    I 
was  following  [L.S.]  down  the  starboard  and  said,  “Forget  it,  [L.S.].”    He  stated:    “He 
shouldn’t have kicked me.” … [L.S. and the applicant] ran on and were out of my sight.  I 
went into compartment 201 and asked some fellows if they had seen [L.S. and the appli-
cant]; I then walked back … to the starboard hatch of compartments 202 and 203.  [The 
applicant] was standing by the starboard hatch of compartment 202 with a ten-inch pipe 
in his hand.  The pipe is used as a wrench in dogging the hatches. … 
 
[R.D.] was standing talking to [the applicant].  I talked to [the applicant] a few minutes 
and talked him into the notion of giving the pipe to me.  I didn’t threaten him and we 
had no trouble, and told [the applicant] I would try to keep [L.S.] away from him.  [The 
applicant] then walked to the port side of compartment 202 … 
 
I heard someone mention a knife; several of the fellows were arguing with [the applicant] 
about the knife, but no threats have been made.  I then went around the port side of the 
ship and engaged [the applicant] in conversation.  From that time on, practically all of the 
conversation was between [the applicant] and I.  He had his knife.  I asked him to put his 
knife away but [the applicant] acted like he was not going to put his knife away.  I told 
him—“If you cut [L.S.], I will use this pipe on you.”  I started to walk away, and in doing 
so, [the applicant] hit me on the shoulder, saying—“Okay, I will put my knife away.” 
 

He opened his locker. …  [As the applicant] put his knife away, someone said something 
about the pipe, and I handed it to one of the fellows, but I don’t know who it was. 
 
These events took place over a period of six to eight minutes shortly after midnight (12:01 
A.M.), October 27, 194x. 
 
After [the applicant] hit me on the shoulder and stated that he would put his knife away, 
and after I saw him put the knife in the locker,  I was standing between [the applicant] 
and the port hatch of compartments 202 and 201.  As I turned away, [L.S.] was approxi-
mately  three  feet  inside  compartment  202  in  front  of  the  port  hatch  of  201  and  202.    I 
stepped over to [L.S.], grabbed him, and told [L.S.] “[The applicant] has a knife, and he 
may cut you.”  [L.S.] broke loose and walked to [the applicant].  Both [L.S. and the appli-
cant] swung two or three licks at each other, but neither were hit.  … No statements have 
been made, by either [the applicant or L.S.], that I can recall. 
 
As  [L.S.]  came  in  compartment  203,  and  he  and  [the  applicant]  throwing  licks  at  each 
other, both were aft of [the applicant’s] locker.  [The applicant] ran aft and turned to his 
left, going around the inboard port side bunk and up to the forward part of compartment 
202  and  again  turned  into  the  aisle  by  his  locker,  and  on  reaching  a  position  near  his 
locker, he went to his knees.  [L.S.], with his hands, got hold of [the applicant] about his 
neck.  I could not see just what part of [the applicant’s] neck or the manner in which he 
had  hold  of  [the  applicant]—[L.S.]  said:    “Stand  up  and  fight  like  a  man”;    simultane-
ously,  [the  applicant]  said:    “[L.S.],  I  have  a  knife!”    [L.S.]  was  bent  over  slightly;  [the 
applicant] instantly got up on his feet, threw his left arm around [L.S.’s] right shoulder 
and pulled [L.S.] close to [the applicant].  [The applicant] had his knife in his right hand 
and  threw  his  right  hand  and  arm  over  [L.S.’s]  left  shoulder,  stabbing  his  back  three 
times—on the third stab, the knife went in all the way to the hilt.  It happened so fast, no 
one had time to do anything until [L.S.] was stabbed.  [L.S.] did not hit [the applicant] as 
[the applicant] stood up.  It appeared as if [L.S.] was pulling [the applicant] up.  As [the 
applicant] struck [L.S.] the third time with his knife, [L.S.] started falling and the rest of 
the fellows grabbed [the applicant].  I also grabbed [the applicant] by his right arm, and 
one which was holding the knife. … 
 
[E.G.] took the knife out of [the applicant’s] hand. …  
 
All of the fellows standing around the port side of compartment 202 started leading [the 
applicant]  to  the  double  ladder  in  compartment  202.   Practically  all  of  the  men  started 
punching [the applicant], and saying:  “Why did you cut him—etc.” … 
 
The stabbing of [L.S.] occurred about 12:20 to 12:30 a.m., October 27, 194x. 
 
[L.S.] and I run around together, and I know he had not had any arguments nor trouble 
heretofore with [the applicant]. … 
 
The fellows on the ship were afraid of [the applicant]; it was commonly known among 
the fellows that he had cut a man before. … 
 
The report states that R.W. was transferred off the ship to be available to serve as a wit-

 

ness at the applicant’s trial.  

194x Statement of J.C.  
 

[While on liberty, J.C.] saw [L.S.] two times and [the applicant] once or twice up town, but neither 
time were they together. 
 
After returning to the ship, [J.C.] went to his bunk. …  About 12:10 or 12:15 a.m., 10-27-4x, [he] 
went down the double ladder in 202L and heard a number of noises on the port side of the ship.  
He could see three or four figures by looking through the space between the bunks.  He walked 
through compartment 202L and into compartment 203 L, going through the starboard hatch and 
then over to the portside where he looked through the hatch of compartment 202L.  At that time he 
observed [the applicant] on his right knee on the deck beside his locker.  [L.S.] was kicking [the 
applicant] and at the same time was slightly stooped over.  [L.S.] called [the applicant] a black 
s____ b_____.  The next thing both [L.S. and the applicant] were on their feet very close to each 
other.  [J.C.] did not see [the applicant] pull the knife out of his locker, although he did observe 
[the applicant] pull his arm out of the locker.  As they stood on their feet [J.C.] did not hear either 
[man]  making any remarks.  He observed [the applicant’s] right arm come down once or twice 
over [his] shoulder and back.  It first appeared to [J.C.] that [the applicant] was punching [L.S.] in 
the back, but as he raised his hand the third time [J.C.] observed the knife in it. … 

194x Statement of A.A.  
 

[A.A.] assisted [R.Y.] in getting back to the U.S.S. Xxxxxx.  They  went aboard at about 
12:10 a.m., 10-27-4x.  In passing through to the thwart passage …, which is just aft of the 
Officers’ Ward Room, [L.S.] attempted to assist [A.A.].  [The applicant] was standing in 
the passageway and said, “He is a c___ s___.”  [R.Y.] began to talk back, but [A.A.] held 
[R.Y.] to prevent a fight.  As [L.S.] was assisting in getting [R.Y.] near the ladder to the 
Mess Deck, [the applicant] said, “He doesn’t need your help, I’ll help.” at the same time 
pushing [L.S.].  [L.S.] did not like it and he pushed [the applicant] into the thwart passage 
where it intersects the starboard side fore and aft passage.  [The applicant] pushed [L.S.] 
and  stated  that  he  would  take  care  of  [R.Y.]  inasmuch  as  [R.Y.]  was  his  friend.    [L.S.] 
turned  around  and  as  he  did  so,  [the  applicant]  kicked  [L.S.]  in  the  stomach.    This 
occurred  at  the  intersection  of  the  thwart  and  starboard  side  passageway  and  in  the 
immediate vicinity of the ladder leading to the Mess Deck.  [L.S.] attempted to grab [the 
applicant’s]  foot,  without  success.  [The  applicant]  then  backed  aft  in  the  inboard  pas-
sageway  and  again  kicked  [L.S.]  in  the  crotch.    At  that  time,  [the  applicant]  braced 
himself with both hands on the sides of the passageway.  [A.A.] stated [L.S.] did not hit 
[the applicant] up until the time he was kicked the second time.  However, if he could 
have reached [the applicant], he no doubt would have.  They both disappeared, running 
aft  in  the  starboard  side  passageway.    According  to  [A.A.],  [the  applicant]  is  a  smart 
“wise guy,” and is frequently arguing with the men on board ship, using filthy language.  
To  his  knowledge,  none  of  the  negroes,  including  [the  applicant],  had  been  mistreated 
while on board the U.S.S. Xxxxxx.  [A.A.] further advised that [L.S.] apparently had been 
drinking, but he was not drunk and was certainly in a condition to know what he was 
doing.  [A.A.] also stated that [the applicant] was in a sober condition. 

194x Statement of F.Z.  
 

… [unreadable] [T]hey were trying to take [R.Y.] to his bunk.  The passageway where I 
have observed these men … 
 
[L.S.  and  the  applicant]  began  to  argue  as  to  who  was  going  to  put  [R.Y.]  in  his  sack.  
[The applicant] said:  “Leave him alone—I will take him down to his sack,” and added—

“[R.Y.] is my buddy.”  [L.S.] said, “Get away, I will  put him down  in  his  sack.”  They 
were standing approximately six inches apart and [the applicant] gave [L.S.] a push on 
his right shoulder, at the same time saying—“leave him alone.” 
 
After  [the  applicant]  pushed  [L.S.],  [L.S.]  pushed  [the  applicant]  with  his  right  hand, 
pushing [the applicant] into the starboard fore and aft passage.  [L.S.] again said, “Get 
away from here, I will take care of him as you are in the way.”  After [L.S.] pushed [the 
applicant],  the  latter,  with  his  right  foot  kicked  [L.S.]  in  the  stomach.    [The  applicant] 
braced  himself  with  both  hands  on  the  bulkhead  and  rail  of  the  passageway.    [L.S.] 
stopped  momentarily,  then  went  forward.    [The  applicant]  walked  backward  two  or 
three steps, and again kicked [L.S.] with his right foot.  [L.S.] stopped momentarily again; 
[the applicant] was walking aft in the starboard passage and grabbed the wires overhead 
wit his hand and the frame of the passage with the other, lifted both feet and kicked [L.S.] 
in the stomach.  [L.S.] doubled up a little but did not fall to the deck. … 
 
[The applicant] ran aft through the starboard passage, while [L.S.] followed him at a fast 
pace.  I followed [L.S.] but could not see [the applicant]. …  I went into compartment 201, 
going down the single ladder, and asked if anyone had seen [the applicant].  Some of the 
fellows answered “No.” … 
 
… I went on top side … but did not see [the applicant] … and did not see [the applicant 
or L.S.] until after [L.S.] was stabbed. … 
 
I would say the scuffling in the cross passage near the Ward Room in the starboard pas-
sage, between [the applicant and L.S.], and the time I left compartment 202 to go on the 
Weather Deck was between 11:45 and 11:55 p.m., October 26, 194x.  Approximately ten 
minutes later I went into compartment 202 where [L.S.] was dying. 
 
I know that both [L.S. and the applicant] had been drinking, but  neither of them were 
drunk,  and  both  knew  what  they  were  doing.    They  were  quite  active,  and  ran  and 
walked  fast  thought  the  starboard  passage,  which  would  have  been  very  difficult  had 
either of them been drunk. 
 
[The applicant] is an arrogant wise guy; he carried a knife practically all the time … . 
 
I had arguments with [the applicant] the third day after I came aboard ship, in June of 
194x.  On one occasion he told me:  “Get the hell back in mess line.”  When I first met 
him, I would call him “Joe”’ he told me to call him by his right name, and if I didn’t he 
would do something. … 
 
[The applicant] slept in compartment 202 with white boys. 

 
 
serve as a witness at the applicant’s trial. 

The  report  states  that  F.Z.  was  transferred  from  the  Xxxxxx  in  order  to  be  available  to 

194x Statement of F.W.4 
 

Sometime after [F.W.] had retired to his bunk, but had not going to sleep, [the applicant] 
came down the ladder into 201L and went around through the port side hatch into com-

                                                 
4  W.M. was one of the other black sailors on the Xxxxxx. 

partment 202L. …  A little later [L.S.] and another man came into compartment 201L and 
turned on all the lights, walked around all of the bunks in the middle section and asked if 
anyone had seen [the applicant].  [L.S.] asked, “Where is [the applicant]? I am looking for 
[the applicant].”  He and the other man turned the lights out and went into compartment 
202L, through the portside hatch. 
 
A motor mechanic, third class, who is known to [F.W.] as “Joe” was quite intoxicated and 
came  into  compartment  201L  saying,  “Where  is  [the  applicant]?    Where  is  [the  appli-
cant]?  I’ll kill the s___ b___!”  Several fellows were trying to get him under control and 
they took him out of compartment 201L.  A man by the name of [F.Z.] came down the 
ladder into compartment 201L and stated he was looking for [the applicant]. … 
 
[R.W.] also came into compartment 201L, stating that he was looking for [the applicant]. 
… Things were quiet for a while and then all of a sudden [F.W.] heard a racket in com-
partment 202L.  He got  up, opened the starboard hatch and  walked  into compartment 
202L.  Several men were hollering, but he could not understand what they were saying.  
As  he  opened  the  hatch,  he  observed  [the  applicant]  lying  on  the  deck  in  front  of  the 
double  ladder  in  compartment  202L.    About  ten  or  fifteen  men  were  kicking  him  and 
calling him s___ b___. … 

194x Statement of L.N.5 
 

[L.N.] advised that he was on liberty 10-26-4x while at Xxxxxxx, Xxxxx, and returned to 
the ship about midnight.  He then went to compartment 202L at about 12:15 a.m., 10-27-
4x.  He was standing in the forward part of the compartment when a person whom he 
did not recognize came down the ladder into compartment 202L.  There was consider-
able yelling and talking.  Someone yelled, “There goes the s___ b___.”  Another person 
said that [L.S.] was looking for [the applicant].  [L.N.] located [the applicant] in the aisle 
between the portside hatches of 202L and endeavored to help him by suggesting that [the 
applicant] go tell the Officer of the Day what was going on for his own protection.  [The 
applicant] did not want to go to the O.D. and said something to that effect.  About that 
time [R.W.] came up and engaged [the applicant] in conversation.  [R.W.] had in his hand 
a pipe, 10”, and stated something to the effect that he had taken it from [the applicant].  
[L.N.] stated that he could not recall the exact terms, but some way or another he got the 
pipe in his own hands and held [it] for a few minutes. 
 
From about 12:20 to 12:25 a.m., 10-27-4x, [L.S.] came into compartment 202L on the port-
side hatch and was followed by some other men on board the ship.  [L.N.] made a half-
hearted attempt to get hold of [L.S.], but the latter walked on and got hold of [the appli-
cant].  [L.N.] then started for the O.D., but stopped in the forward end of the compart-
ment.  He turned around and observed [the applicant] stab [L.S.] one time. … 

194x Statement of R.C.  
 

He  was  awakened  sometime  about  midnight  by  [N.S.  and  L.N.]  talking.    They  were 
standing near his bunk, which is just across the aisle from [the applicant’s] locker.  [The 
applicant] came down the double ladder into compartment 202L and over to his locker 
where he began talking with [L.N. and N.S.].  [L.N.] told [the applicant] to report to the 

                                                 
5  In 1996, the applicant’s attorney prepared an affidavit for L.N. which he never signed.  It appears in 
Appendix B on page B-13. 

O.D. and ask for protection.  [R.C.] overheard [R.W.] or [N.S.] tell [the applicant] to put 
his knife in his locker and lock it up.  [The applicant] said something to the effect that he 
would put his knife away.  Shortly thereafter [L.S.] came to compartment 202L, through 
the  forward  portside  hatch  and  chased  [the  applicant]  around  the  inboard,  portside 
bunks  and  lockers.    They  came  around  to  about  [the  applicant’s]  locker  where  [L.S.] 
started fighting [the applicant].  The latter threw his hands up around his head to ward 
off the blows of [L.S.].  [L.S.] also began kicking [the applicant] as the latter went down 
on his knees by his locker.  [R.C.] did not see [the applicant] get his knife.  [The applicant] 
stood up with his knife in his right hand and facing [L.S.], reached over his shoulder as 
he stabbed [L.S.] in the back. …  [R.C.] further advised that while [R.W., L.N., and N.S.] 
were talking with [the applicant], [R.W.] told [the applicant] if [the applicant] used his 
knife on [L.S.], he, [R.W.], would bend the pipe which he had in his hand over [the appli-
cant’s] head. … 

194x Statement of N.S.6 
 

I  was  on  liberty  and  up  town  till  about  12:00  p.m.,  10-26-4x  and  returned  to  the  ship 
shortly before 12:00 p.m.  I had a few drinks of liquor, but was not drunk.  After return-
ing to the ship I went to the Mess Deck and ate a sandwich.  Then about 12:05 a.m., 10-27-
4x I went to compartment 202 and was standing by my bunk … . 
 
[The applicant] came tearing by, excited. … [I] walked to the port side of compartment 
202 here I observed [R.W.] talking to [the applicant].  [R.W.] had in his hand a 10 inch 
pipe, which is used as a wrench in dogging the hatches … .  [L.N.] was also talking to 
[the applicant and R.W.]. … [The applicant] had his hunting knife and sheath sticking out 
of the top of his trousers.  The knife was inside the sheath.  The handle and part of the 
sheath was above the belt and visible while the knife end was inside his trousers.  [The 
applicant’s] jumper was also pressed inside his trousers and behind the knife and sheath, 
making  the  knife  clearly  visible.    I  would  say  the  time  was  about  12:10  a.m.,  10-27-4x.  
[R.W.] stated “he had just  taken the pipe  which he  was holding away from [the appli-
cant]”.  [The applicant] said “I had to protect myself and therefore took the pipe.”  [R.W.] 
said  “You  cannot  use  this  pipe”  and  then  “why  did  you  kick  [L.S.].”    [The  applicant] 
replied that “[L.S.] has pushed me.”  [L.N.] suggested that [the applicant] should go to 
the Officer of the Deck for protection.  We were talking to [the applicant] about putting 
his knife up and finally convinced him that he should put it away.  [R.W.] told [the appli-
cant] that if he, [the applicant], used the knife on [L.S.], he, [R.W.], would use the pipe on 
[the applicant] or words to that effect.  I saw [the applicant] pull the knife and sheath out 
of  the  top  of  his  trousers  and  put  it  inside  his  locker  …  .    He  did  not  say  anything  to 
[L.N.]  about  going  to  the  O.D.,  or  answer  the  suggestion.    [The  applicant]  was  pretty 
scared and excited. … 
 
I did not hear [R.W.] say anything to the effect that he, [R.W.] would treat [the applicant] 
like the people in Texas treat Negroes, by hanging and beating them. 
 
About  that  time  [L.S.]  came  tearing  into  compartment  202  …  .  [L.N.]  grabbed  [L.S.’s] 
right arm.  [R.W.] grabbed him some way.  I was [?]ing back by [L.S.] [unreadable] as the 
crowd  followed  in  I  was  pushed  back  behind  them.    [L.N.]  yelled,  “[the  applicant] 
[unreadable] is going to [unreadable].  I am going to get the O.D.”  I was in the forward 
section of Compartment 202 behind some other men and did not see anything concerning 

                                                 
6  N.S.’s 1996 statement appears in Appendix B on page B-2. 

the actual cutting or stabbing of [L.S.].  I then went up the forward part of the ship to get 
the O.D.  When I came back [E.G.] was chasing [the applicant] near the double ladders in 
the forward section of Compartment 202.  [The applicant] ran into Compartment 201 and 
disappeared. … 

The report states that N.S. was transferred off the ship to be available to appear as a wit-

 
 
ness at the applicant’s trial. 

194x Statement of R.D.  
 

… [L.S.] came into compartment 201, and was followed shortly by [F.Z.].  He, [F.Z.], was 
looking … for [the applicant] because [the applicant] had kicked [L.S.] in the stomach. 
 
I got  up and went into compartment 202  … and  saw [R.W.] take a pipe  off [the appli-
cant].  I heard no argument between [the applicant and R.W.].  I walked out of compart-
ment 202 and back to my sack where I was standing by, and heard someone say some-
thing about a knife.  They were telling [the applicant] that he better not get his knife or 
words to that effect. 
 
I walked back into compartment 202 … and observed [the applicant and R.W.] standing 
in the aisle … .  [The applicant] put his hand on [R.W.’s] shoulder and said:  “I will hit 
my sack if you will get [L.S.] to hit his sack.”  I did not see a knife on [the applicant’s] 
person or in his hand; however, [the applicant] did say he put his knife away and would 
not get his knife.  At the time, [the applicant’s] back was to me. 
 
I have no idea of the exact time except that liberty was up at 12:00 p.m. midnight, Octo-
ber 26, 194x and several of the men on the ship were returning.  
 
I went back to my sack in compartment 201… .  I put on my shoes and socks and heard 
[L.N.], who was in compartment 202, saying – “If someone doesn’t go after the O.D., I 
will.”    I  did  not  hear  any  other  argument;  there  was,  however,  considerable  talking.  
Then I went into compartment 202, walking through the port hatch as I saw [the appli-
cant  and  L.S.]  throwing  punches.    As  I  saw  [L.S.]  throwing  punches  at  [the  applicant], 
[the applicant] had his arms up against his head, warding off [L.S.’s] blows.  I saw [the 
applicant] followed by [L.S.] run around the forward end of the [unreadable] where [L.S.] 
caught up with [the applicant], who was backing down the aisle toward his locker. 
 
[L.S.] was swinging at [the applicant] but not hitting him.  [The applicant] was walking 
backward and went to pass his locker … .  He began to kneel down on one knee, and in a 
stooping  position.    [The  applicant]  put  his  hand  in  his  locker,  and  underneath  some 
white clothes in his locker—I could clearly see the white clothes above [the applicant’s] 
arm; I saw [the applicant’s] hand come out of his locker with the knife in his hand.  I was 
standing about four feet behind [L.S.]. 
 
As [the applicant] kneeled down, [L.S.] kicked him with his foot and also stooped or bent 
over [the applicant].  [L.S.] had his hands around [the applicant’s] neck and shoulder but 
I could  not see the exact position or  nature of the  hold which [L.S.] had on [the appli-
cant]—I  could  not  tell  whether  [L.S.]  was  choking  [the  applicant].    [L.S.]  pulled  [the 
applicant] up and stated:  “Stand up and fight like a man!”  As [the applicant] came up, 
he said:  “[L.S.], I have a knife.” 
 

I saw [the applicant’s] hand come up with the knife in it; both [L.S. and the applicant] 
were standing on their feet but not exactly upright.  [L.S.] was facing aft and [the appli-
cant] was facing forward—I could tell  what position [the applicant’s] left hand was in.  
[The applicant], with the hunting knife in his right hand, threw his hand and arm over 
[L.S.’s] left shoulder;  I could see the knife clearly in his hand.  The blade was protruding 
below his fist.  [The applicant] stabbed [L.S.] three times in quick succession as fast as he 
could pull the knife out of his back, and again stabbed him.  The knife penetrated [L.S.’s] 
back all the way to the hilt each time. 
 
During the actual cutting, no statements were made by [the applicant or L.S.].  As [the 
applicant] got up on his feet, [L.S.] did not hit him. … 
 
Shortly before the cutting started, I heard [R.W.] say words to the effect that—“He is get-
ting a knife!”  Other men also said words to that effect. 
 
A few fellows had been drinking, but none were drunk, as far as I could see. … 
 
After  I  saw  [R.W.]  take  the  pipe  away  from  [the  applicant]  by  the  starboard  hatch  of 
compartments 202 and 203, I told [the applicant] he ought to go to the Ward Room.  [The 
applicant] did not answer. … 

 
 
witness at the applicant’s trial. 

The report states that R.D. was transferred off the Xxxxxx to be available to serve as a 

194x Statement of R.A.  
 

About  12:15  a.m.  on  10-27-4x,  [R.A.]  was  standing  near  the  portside  hatch  of  compart-
ment 201 and 202 when [the applicant] came through the hatch and ran straight through 
the aisle, through the port hatch into compartment 203L.  A few minutes later, [L.S.] came 
through the portside hatch of compartment 201L and 202L, looking for [the applicant].  
On inquiries as to the whereabouts of [the applicant], [L.S.] was advised by [R.A.] that 
[the applicant] went through the port hatch into compartment 203L.  Within a very few 
minutes [R.W.] came into compartment 202L, saying that [the applicant and L.S.] had a 
fight.  After a minute or so, [R.A.] walked to the starboard side of compartment 202L and 
observed [R.W.] talking  with [the applicant] near the starboard hatch  of compartments 
202L and 203L.  [The applicant] had a pipe wrench in his hand. … [R.W.] took the pipe 
away from [the applicant].  There was no scuffling between them and [R.A.] could hear 
no argument.  [The applicant] then walked over to the vicinity of his locker on the port 
side of the compartment where he began talking with [N.S. and L.N.].  About the same 
time [R.W.] walked over to the portside and began conversing with [the applicant].  As 
[R.A.] walked to the portside, he observed [the applicant] with his hand in his locker and 
he noted that [the applicant] brought something out of the locker, but could not state for 
certain  that  it  was  a  knife;  however,  at  the  same  time  he  heard  [R.W.]  talking  about  a 
knife and assumed that [the applicant] had his knife in his hand.  [R.A.] heard [L.N., N.S., 
and R.W.] talk the subject into putting the knife away and observed [the applicant] put 
his hand in his locker and subsequently stand up without anything in his hand. … 
 
[R.A.] further stated that about one minute after [the applicant] had placed his knife in 
his locker, [L.S.] came into compartment 202L, through the port hatch and started after 
[the  applicant].    [The  applicant]  ran  around  the  inboard,  portside  bunks  and  up  to  the 
forward end of the compartment, followed by [L.S.], who caught up with [the applicant] 

194x Statement of P.V.7 
 

as the latter ran through a crowd of men standing on the portside of the forward end of 
compartment 202L.  He was lost in the crowd momentarily.  The only other thing that 
[R.A.]  observed  was  that  [L.S.  and  the  applicant]  were  scuffling  near  [the  applicant’s] 
locker.  The next thing he observed was the other fellows holding on to [the applicant] 
and leading him up to the forward end of the compartment.  [R.A.] saw the hunting knife 
in [the applicant’s] right hand and observed [E.G.] knock it out of his hand. … 

About  10:30  p.m.,  10-26-4x,  I  hit  my  sack  …  .    My  bunk  is  just  aft  of  [the  applicant’s] 
locker … .  I was awakened by a scuffle and I first saw [the applicant and L.S.] as [L.S.] 
caught up with [the applicant] … .  In the same general area where [L.S.] caught up with 
[the applicant], there were some 10 or 15 men standing around talking and hollering.  No 
one  stopped [the applicant or L.S.].  L.S. started hitting [the applicant] with his hands.  
[The applicant] was protecting himself with his arms, generally facing forward and also 
facing [L.S.], while … stepping backward toward his locker.  [The applicant] walked aft 
of his locker some 3 feet.  Then he took one or two steps forward, turned his back to [L.S.] 
and went down on one of his knees beside his locker.  [L.S.] was hitting [the applicant] 
with  his  hands  on  [the  applicant’s]  body  and  shoulder.    As  [the  applicant]  got  on  his 
knee, [L.S.] kicked [the applicant] with his right foot on [the applicant’s] side, and called 
him a S.B.  Some one said break it up while others said let him alone. … [The applicant] 
came up, turned around, faced [L.S.], and leaned against the bunk on which I was lying.  
[L.S.]  went  toward  him  and  they  embraced.    [L.S.’s]  left  hand  was  low  on  [the  appli-
cant’s]  body.    [L.S.’s]  right  hand  was  about  [the  applicant’s]  shoulder  and  appeared  to 
have hold of [the applicant’s] left hand.  Both [the applicant and L.S.] were standing gen-
erally upright, but stooped slightly, and in the vicinity of [the applicant’s] locker.  I saw 
[the  applicant]  throw  his  right  hand  and  arm  over  [L.S.’s]  shoulder,  that  is  [L.S.’s]  left 
shoulder, and could see [the applicant] hitting [L.S.] in the back.  It looked like [the appli-
cant] was hitting [L.S.] in the back until the 3rd blow.  I then saw the knife in [the appli-
cant’s] right hand … . 
 
As [the applicant] was going down beside his locker [L.S.] was punching him with his 
hands and fist.  I did not see [L.S.] have hold of [the applicant’s] neck or choking him. 
 
As the fellows grabbed [the applicant], he made a swing with the knife at [B.C.], almost 
hitting him in the neck. 
 
During the fight I did not leave my bunk. 

 
 
ness at the applicant’s trial.  

The report states that P.V. was transferred off the ship to be available to appear as a wit-

194x Statement of H.R.8 
 

[H.R.] advised that he was on watch from 8:00 to 12:00 p.m. on 10-26-4x.  About midnight 
he went to his sack in compartment 201L, which is located on the portside, against the 

                                                 
7      P.V.’s  1996  signed  and  unsigned  statements  appear  in  Appendix  B  on  pages  B-11  and  B-14, 
respectively. 
8  H.R.’s 1996 statement appears in Appendix B on page B-8. 

bulkhead.  He went to sleep and was awakened by some noise and confusion. … As he 
entered the port hatch of compartment 202L he observed [the applicant] pass by from the 
starboard side of the ship.  [L.S.] was following him.  They went all the way around the 
inboard, portside bunks and lockers and back to the vicinity of [the applicant’s] locker.  
Several of the men standing around tried to stop [L.S.], without success.  So far as [H.R.] 
could observe, no one attempted to grab ahold of [the applicant].  [The applicant] went 
down on his knee and placed his hand in his locker.  [L.S.] began kicking [the applicant] 
and stated, “Stand up and fight like a man.”  At the same time [L.S.] pulled [the appli-
cant] up by holding on to [the applicant’s] shoulders and jumper.  At the time [the appli-
cant] was on the deck his back was toward [L.S. and H.R.].  As [the applicant] was raised 
up, [H.R.] observed he had a knife in his right hand.  [The applicant] turned to face [L.S.] 
and threw his right hand and arm over [L.S.] left shoulder, stabbing him three times, very 
quickly, in the back. … 
 
[H.R.] did not hear [the applicant] say anything.  He had heard [R.W.] tell [the applicant] 
not  to  do  anything  more  to  [L.S.]  and  that  he,  [R.W.],  would  try  to  stop  [L.S.]  from 
attacking [the applicant]. 

194x Statement of P.B.  
 

[P.B] advised that he was on liberty … on 10-26-4x.  He came back to the ship about 12:20 
a.m., 10-27-4x and went to the compartment 201L.  He started to undress while standing 
by his sack on the portside of compartment 201L.  He observed [R.W.] talking with [the 
applicant] in the vicinity of [the applicant’s] locker in compartment 202L.  [P.B.] could not 
understand  what  they  were  saying.    [R.W.]  had  a  small  10”  pipe  in  his  hand.    Things 
were calm for a couple of minutes.  [L.S.] entered compartment 202L from the portside 
hatch.    Immediately  thereafter  [P.B.]  heard  noises  and  commotion  and  went  into  com-
partment 202L.  [L.S. and the applicant] were fighting.  [L.S.] was on his feet, but bending 
over [the applicant].  It appeared that [the applicant’s] arm was caught in his locker and 
that he could not get up.  [L.S.] appeared to be trying to pull [the applicant] up with his 
hands on [the applicant’s] shoulder.  All of a sudden [the applicant] got up on his feet 
facing [L.S.] and they got closer together.  [The applicant’s] right hand came over [L.S.’s] 
left shoulder and [P.B.] observed [the applicant] stab [L.S.] two or three times in the back. 
 
[P.B.] advised he did not observe [L.S.] kicking [the applicant] and it did not appear to 
him  that  [L.S.’s]  arm  was  around  [the  applicant’s]  neck.    [L.S.]  had  no  weapons  in  his 
hands. 
 
… P.B. assisted the other men in getting [the applicant] near the double ladder in com-
partment 202L.  All of them were kicking and hitting [the applicant] and asking why he 
cut [L.S.].  [P.B.] stated he hit [the applicant] three or four times. … 

194x Statement of B.C.  
 

…  He walked from [his berthing] compartment 203L, through 202L and into 201L and 
observed [L.S.] walking into compartment 202L from 201, through the portside hatch.  He 
immediately  heard  a  scuffling  noise  and  walked  into  compartment  202L  where  he 
observed [the applicant and L.S.] throwing punches at each other.  [The applicant] went 
down on his knees and [L.S.] began trying to lift him up by the shoulder.  [The applicant] 
had his right hand in his locker as if it were caught.  He came up on his feet, threw his 
left  arm  around  [L.S.’s]  body  and  with  his  right  hand  stabbed  [L.S.]  in  the  back  three 

times.  Then some of the men standing around started hitting [the applicant] and [E.G.] 
took the knife out of [the applicant’s] hand. … 

194x Statement of E.G.  
 

I was on liberty from about 6:00 p.m. to 12:00 p.m. midnight; I came aboard ship about 
12:10 a.m., October 27, 194x and went to my bunk in compartment 203. … [I was walking 
through  compartment  202  to  go  to  the  toilet  when]  I  observed  [L.S.  and  the  applicant] 
scuffling in the aisle … .  [The applicant] was down on his knees, and in a position aft of 
[L.S.]  [L.S.] had his left arm around [the applicant’s] neck or head.  I could not see the 
nature  of  the  hold  which  [L.S.]  had  on  [the  applicant],  or  the  position  of  [L.S.’s]  arm 
around [the applicant’s] neck.  [The applicant] got up about the time I saw both of them.  
[The applicant]  was slightly stooped  over.  [L.S.] turned loose  of [the applicant’s] neck 
and [the applicant] was completely free from [L.S.].  [L.S.] swung his right hand at [the 
applicant],  hitting  him  about  his  shoulder.    [The  applicant]  threw  his  right  hand  over 
[L.S.’s] left shoulder and I saw [the applicant] stab [L.S.] one time with the knife.  I could 
see the knife in [the applicant’s] hand as it came over [L.S.’s] shoulder. 
 
I did not hear [the applicant] make any remarks although I did hear [L.S.] say —“Get up 
and  fight  like  a  man.”    After  [the  applicant]  stabbed  [L.S.],  …  [R.W.]  got  hold  of  [the 
applicant’s]  right  arm;  I  also  got  hold  of  [the  applicant’s]  right  arm,  and  watching  my 
chance to  get the knife out of [the applicant’s] hand.   I threw it on the deck under the 
lockers.  The fellows were punching [the applicant], were kicking him and saying:  “Why 
did you cut [L.S.]” or words to that effect. 

 
 
ness at the applicant’s trial. 

The report states that E.G. was transferred off the ship to be available to appear as a wit-

194x Statement of Ensign R.R., Officer of the Day9 
 

Ensign [R.R.] advised that he was the Officer of the Day at 12:01 a.m. until 4:00 a.m., 10-
27-4x.  About 12:20 a.m., 10-27-4x, one or two men came to the Ward Room and informed 
him that a man had been cut in compartment 202.  He immediately went to compartment 
202L where he observed three or four men hitting and kicking [the applicant], a negro.  
He had a gun in his hand and broke the fight up.  He was then informed that [L.S.] had 
been stabbed. … 

194x Statement of W.M.10 
 

On  10-26-4x,  he  hit  his  sack  in  compartment  205L  about  10:00  p.m.  and  was  sleeping 
when a man came down, awakened him, and told him to go to the Officer’s Ward Room 
because [the applicant] had stabbed [L.S.].  [W.M.] had not seen or heard anything … . 

194x Statement of Lt. C.S., Commanding Officer of the Xxxxxx 
 
                                                 
9  R.R.’s 1996 statement appears in Appendix B on page B-9.  A statement he signed in 1999 for the Coast 
Guard appears in Appendix C on page C-1. 
10  W.M. was one of the other black crewmembers of the Xxxxxx. 

… [A]t about 12:30 a.m., 10-27-4x, [the applicant] ran into the Ward Room and stated to 
[C.S.], “They made me do it.”  [C.S.] inquired, “Do what?”  [The applicant] replied, “I cut 
a man.”  On further inquiry, [the applicant] informed [C.S.] that he had been on the Mess 
Deck with [J.M.] and informed [J.M.] that he was going to “hit his sack.”  On his way, 
[the applicant] met [R.Y.] and spoke to [R.Y.].  [L.S.] called [the applicant] a cocksucker 
and said, “Go hit your sack.”  [The applicant] turned around and observed [L.S.] about to 
strike him.  [The applicant] pushed his foot out and stopped [L.S.].  He then stated that 
he was in compartment 202L when [L.S.] came in the compartment and started toward 
him.  At that time, [the applicant] refused to say anything more. 
 
[C.S.]  stated  that  at  the  time  he  talked  to  [the  applicant],  the  latter  was  not  drunk  and 
knew what he was doing.  [C.S.] further stated that about 9:00 a.m. on 10-27-4x he inter-
viewed [the applicant], at which time [the applicant] stated that [L.S.] was kicking him as 
he, [the applicant] has his hand in his locker and as [the applicant] came up on his feet he 
hit [L.S.] in the back with his knife.  [L.S.] then let go and the other men in the compart-
ment got hold of [the applicant].  [The applicant] at that time stated that about 10:30 p.m. 
on 10-26-4x he was tight.  [J.M.] took him out of a bar for a short time and he felt better 
after that.  [The applicant] stated he knew what he was doing after that time. 
 
… [The applicant] declined to answer the question, “What did you intend to do with the 
knife?” … [The applicant] answered, “They forced me to do it.”  [The applicant] was then 
asked if he considered that the circumstances justified him in killing a man.  His answer 
to this question was, “No, I won’t say anything more.” 
 
… [C.S.] further advised  that the Coast  Guard held  a Board of Investigation, inquiring 
into the death and cause thereof of [L.S.].  The Board of Investigation convened during 
10-29  and  10-30-4x.    Under  regulations  governing  the  Board  of  Investigations  of  this 
nature, the defendant has to be present during all of the proceedings.  So [the applicant] 
had a defense counsel appointed to him, who was [Lieutenant junior grade B.S.].  [The 
applicant’s]  defense  counsel  requested  him  not  to  make  any  statements  regarding  the 
stabbing of [L.S.] before the Board of Investigation.  [The applicant] was present during 
all of the proceedings of the Board and heard all of the testimony given by the witnesses 
to the Board of Investigation. 
 
[C.S.] further advised that the U.S.S. Xxxxxx … was under orders as of 11-2-4x to proceed 
to Shanghai, China, where it is to operate out of the Asiatic Fleet.  In the event witnesses 
are necessary for the trial of [the applicant] who were not transferred to the Coast Guard 
Base at Xxxxxxx, Xxxxx,  they can be reached by a request directed to the headquarters, 
U.S. Coast Guard, Washington, D.C.  

194x Statement of the Deputy U.S. Marshal  
 
The Deputy U.S. Marshal reported that the captain of the Xxxxxx, gave him the hunting 
 
knife allegedly by the applicant used to stab L.S.  He reported that the knife was 11.5 inches 
long, with a 7-inch blade and was covered in dried blood.  He also reported that E.G. had identi-
fied the knife for him as the one E.G. had taken from the applicant after the fight. 

APPENDIX B 

 

EXCERPTS OF STATEMENTS SUBMITTED BY THE APPLICANT 

 
 
The applicant submitted a number of signed and unsigned statements prepared 
by  his  counsel  for  himself  and  other  crewmembers  of  the  Xxxxxxx.    His  counsel  pre-
pared  the  statements  in  1996  based  on  telephone  interviews  with  the  crewmembers.  
The following are excerpts of the signed affidavits: 

1996 Statement of the Applicant11 
 
 
 

 
The applicant filed the following statement with his brief: 

2. 
I was one of only four black men on board the Xxxxxxx.  The black men knew to 
keep to themselves and did not associate with the white members of the crew, many of 
whom were from the South.  I would often be assigned to wash dishes, even though I 
was a Fireman and not a cook, and while performing such duties I was often a victim of 
racial  remarks  as  members  of  the  crew  would  call  me  names  such  as  “black  sambo”.  
Many members of the crew resented me because I was not a messman like many black 
sailors. 
 
3. 
Just  prior  to  Navy  Day,  194x,  the  Xxxxxxx  pulled  into  Xxxxxx,  Xxxxx,  where 
there was to be a celebration.  On the night that we pulled into Xxxxxx, I remember that a 
member of the crew, [unreadable] who was drunk, fell overboard.  I immediately went to 
get the assistance of an officer and together we were able to rescue the man. 
 
4. 
The following evening, myself and [J.M.] were part of a liberty party that went 
ashore into Xxxxxx, Xxxxx.  [J.M.] and I went into a local cocktail lounge where there was 
live music being played.  At one point in the evening, I sat in with the band and played 
the drums.  The place  was full  of dancing and everyone  was having a good time.  An 
officer later showed up with his wife.  The wife of the officer saw me dancing; I believe 
the woman was drunk.  She wanted to dance with me and so I asked permission of the 
woman’s husband to dance with her.  He gave his approval and so I proceeded to dance 
with the woman.  She was dancing very close to me and I was very uncomfortable as it 
was inappropriate for her to be dancing with me in such a manner. 
 
Immediately  following  my  dance  with  the  woman,  several  sailors  from  the 
5. 
Xxxxxxx approached me.  They were upset because I was dancing with a white woman 
and stated that they were “going to do me up like they do in Oklahoma and Texas.”  One 
of  these  men  was  [L.S.],  who  was  from  Oklahoma,  and  another  was  [R.W.],  who  was 
from Texas.  I believed that this meant that they were going to lynch me so I immediately 
told [J.M.] that we should leave the establishment.  [J.M.] and I hurried back to the ship 
as I was afraid that there was going to be trouble from the men who had threatened me. 
 

                                                 
11  The applicant’s 194x statement to the F.B.I. appears in Appendix A on page A-1. 

Upon  returning  to  the  ship,  I  immediately  went  up  to  the  bridge  and  told  the 
6. 
officer  that  some  men  had  threatened  to  “do  me  up.”    I  was  told  to  got  to  my  bunk, 
which was well below deck, and that nothing would happen to me. 
 
As I was instructed, I returned to my bunk.  Minutes after reporting the incident 
7. 
that happened ashore to the officer, I was lying in my bunk when I looked up and saw 
between five and  ten  men surrounding me.   One  of  the  men  grabbed me from behind 
and had me in a choke hold.  At the same time I felt a knee jam into my back and I felt an 
incredible  amount  of  pain.    I  felt  that  my  back  had  been  cracked.    I  was  also  being 
severely  beaten  by  the  others  and  was  trying  my  best  to  escape  the  beating.    I  was 
punched  and  kicked  repeatedly  by  the  men.    No  one  ever  tried  to  help  me.    As  I  was 
being  beaten,  I  began  to  lose  consciousness  and  I  remember  blacking  out  for  a  time.  
When I regained consciousness, I crawled up a ladder to the deck and sought the protec-
tion  of  the  officers.    They  told  me  I  had  killed  [L.S.].    I  was  immediately  grabbed  and 
placed in irons and taken up to the bridge. 
 
7.[sic]  Almost immediately following the beating, I was taken off of the Xxxxxxx by the 
United States Marshal and placed in jail in Xxxxxx, Xxxxx where I was held for over one 
month, possibly longer.  I never returned to the USS Xxxxxxx.   
 
While I  was confined, I  was will all kinds of sick people and as a result I con-
8. 
tracted tuberculosis.  As a result of the beating that I had taken, I had a broken back and 
was in terrible pain.  The tuberculosis set into my back, which was already broken and 
made it much worse. 
 
9. 
was held in prison. 
 
During the time that I was in Xxxxxx, I was never spoken to by anyone.  I was 
10. 
never  interviewed  by  any  attorneys  or  investigators  about  the  incident.    I  also  never 
appeared  in  any  proceedings  before  the  court.    I  was  never  taken  before  a  judge  and 
never had an attorney to assist me in any way.  I had no friends or family in Xxxxx and 
had never been there before.  I had no money and no means to raise money.  My mother 
… who lived in St. Augustine, Florida, had no money to help me. 
 
11. 
The only time I ever spoke with an attorney was when I was visited in prison by 
a man who introduced himself as [M.M.].  He told me that my case had been taken care 
of and that he had made a plea of guilty to manslaughter on my behalf and I was going 
to  serve  a  five  year  sentence.    He  told  me  that  this  was  better  than  the  twenty  years  I 
would  have  gotten  for  murder.    I  never  gave  him  permission  to  make  a  plea  on  my 
behalf. … 

After being held in Xxxxxx I was taken by sea plane to Xxxxxx, Xxxxx where I 

Second Statement of the Applicant 
 
 
court-martial in New York.   
 

The applicant submitted the following statement concerning his 194x summary 

In August of 194x [C.C.] and I were at a USO dance in Brooklyn.  [C.C.] had been 
drinking  and  we  got  into  an  argument.  [He]  attacked  me  with  a  glass  bottle, 
striking me in the head.  In order to prevent [him] from striking me again, I drew 

my knife and intentionally cut him on the arm in which he held the bottle.  After 
this point, [C.C.] broke off his attack and I took no further defensive action.  He 
was not seriously injured.  [C.C.] then went to an officer to report the incident. 

1996 Statement of N.S.12 
 

N.S., a retired attorney who served as a motor-machinist mate third class on the 
Xxxxxxx from November 14, 194x, to November 1, 194x, signed an affidavit containing 
the following statements regarding his service aboard the Xxxxxxx: 
 

The  crew  of  the  Xxxxxxx  represented  a  cross  section  of  America.    Most  of  the 
2. 
crewmen  were  decent  individuals  but  there  were  some  who  were  bigoted  and  racist.  
Some of the men would refer to blacks as “n[]” or “black bastards”, however, I felt that 
the officers were fairminded and decent men. 
 
3. 
[The victim, L.S.] was an American Indian from Oklahoma.  He was a large man 
who liked to throw his weight around to get his own way.  [The applicant], a negro, from 
xxxxxxxxx, was the only black member of the engine room crew. …  I knew that he was 
not well liked and did not mix well with his fellow watch members, all of whom were 
white. … 
 
6. 
[While on liberty, the applicant] danced with an Indian girl at a local cocktail bar 
in Xxxxxx.  [L.S.] objected to [the applicant], a negro, dancing with the Indian girl and a 
scuffle ensued. 
 
7. 
After witnessing the scuffle between [the applicant] and [L.S.], I made my way 
back to the ship.  I was in my berthing compartment a short time after returning to the 
ship  when  I  observed  [the  applicant]  running  into  the  compartment  immediately  fol-
lowed by [L.S.] who was chasing him.  [L.S.] was a large, well-built man, over six feet tall, 
who towered over [the applicant], who was frail and slender.  I believe that [L.S.] was 
under the influence of liquor. 
 
8. 
The incident took place toward the stern of the ship in a berthing compartment 
below deck.  [The applicant] had retreated to the rear of the compartment and there was 
nowhere else for him to go.  I next observed [L.S.] physically assaulting [the applicant].  
[L.S.] was pounding [the applicant] with  his fists and was savagely  beating him.  [The 
applicant] was no match for [L.S.].  I feared for [the applicant’s] life. 
 
9. 
No enlisted man could have stopped the beating of [the applicant] by [L.S.]; the 
beating was too fierce and [L.S.] was too strong.  I ran to get the Officer of the Day to stop 
the  fight.    I  had  been  gone  for  about  four  to  five  minutes  and  when  I  returned  to  the 
berthing compartment, the stabbing had already taken place. 
 
10. 
I believe that if the fight had continued with [L.S.] pounding [the applicant], [the 
applicant] could have been killed.  However, the fact that the beating took place near [the 
applicant’s]  footlocker  probably  saved  [his]  life.    I  believe  that  [the  applicant]  was 
knocked down and his footlocker happened to be right near where he was being beaten 

                                                 
12  N.S.’s 194x statement to the F.B.I. appears in Appendix A on page A-9. 

The officers acted quickly to diffuse the situation. … 

and that during the course of the beating [he] was able to reach into his footlocker for a 
knife to defend himself with. 
 
11. 
Immediately  after  the  stabbing,  there  were  those  who  would  have  physically 
harmed  [the  applicant];  there  was  a  lynching  atmosphere  about.    If  the  hotheads  had 
been able to organize, the situation would have become out of hand and [the applicant] 
might have been hanged. 
 
12. 
 
14. 
Either  the  next  day  or  the  day  after  that,  the  FBI  came  to  the  ship  and  began 
questioning witnesses to the incident.  I was called to a small office on the ship and was 
questioned about the incident.  I was not threatened in any way by the agents who ques-
tioned me.  I did not want to give evidence because I did not want to be taken off of the 
ship.  However, I reluctantly told my story to the FBI.  My statements to the FBI could be 
construed  as  favorable  towards  [the  applicant’s]  defense.    There  was  great  hostility 
toward [him] as well as racism.  As a result, I never discussed my view or statements to 
the FBI with any of my shipmates for fear that they would vent their hostility on me. 
 
15. 
On  October  31,  194x,  the  ship  left  Xxxxxx  and  arrived  at  Xxxxxss.    Shortly 
thereafter the Captain called me into his office [and] told me that I had to leave the ship 
and remain in Xxxxxss until such time as I  was to be called as a witness.  I told him I 
wanted to remain on board and asked if he could do anything to keep me on the ship.  
He told me the matter was out of his hands.   The ship went on to China. … 
 
16. 
On November 1, 194x, I was detached from the Xxxxxxx at Xxxxxss, Xxxxx.  In 
January of 194x, I was sent to Xxxxxx where I stayed for a period of about one week to 
ten days prior to the twenty-second of January pursuant to a subpoena issued by the U.S. 
District Court and served on me.  I stayed at the Hotel xxxxxxxx with [fellow crewmem-
bers R.D. and R.W.] and possibly some others. 
 
17. 
At no time while I was in Xxxxxx, or at any other time preceding it, had I dis-
cussed this matter with any attorneys, either for the prosecution or the defense.  To the 
best  of  my  knowledge,  while  in  Xxxxxx,  neither  [R.D.  or  R.W.]  spoke  to  any  attorneys 
regarding this matter. 
 
18. 
jury and giving testimony, although I may have done so. 
 
19. 
him, I think he just happened to be unlucky. … 

Although I was not friends with [the applicant] and did not particularly care for 

While in Xxxxxx, Xxxxx, I do not remember actually speaking in front of a grand 

1996 Statement of J.M.13 
 
 
than 150) on the Xxxxxxx signed an affidavit containing the following statements: 
 

J.M.,  a  sonarman  third  class  and  one  of  four  black  crewmembers  (out  of  more 

                                                 
13  J.M.’s 194x statement to the F.B.I. appears in Appendix A on page A-3. 

…  When we entered the bar, there were approximately fifty or sixty people pre-

As a Sonarman Third Class, I was a petty officer and was not quartered with the 

The  sailor’s  sleeping  quarters  were  laid  out  as  follows:    there  were  sleeping 
2. 
bunks  suspended  on  hinges  from  which  they  folded  out  from  the  wall.    Each  of  the 
enlisted  men  had  foot  lockers  which  were  kept  under  their  beds.  …  the  aisle  was 
approximately four feet wide … . 
 
3. 
other enlisted men, nor with [the applicant]. 
 
From my personal experience aboard the  Xxxxxxx, there was a tense racial cli-
4. 
mate.  The black sailors and the white sailors tended to keep to themselves and did not 
associate with each other.  Many of the white sailors were from southern states such as 
Tennessee, Oklahoma, Kentucky, and Texas.  As a black sailor, I knew that it was best for 
me to stay clear of many of the white sailors. … 
 
6. 
… [The applicant] and I spent a great deal of time together and we went out all 
of the time.  [The applicant] never had any trouble with any member of the crew, officers 
or enlisted men until the night of October 26-27, 194x. 
 
7. 
…  [The  applicant]  and  I  went  on  liberty,  as  did  most  of  the  sailors  aboard  the 
Xxxxxxx, to celebrate the end of the war.  [The applicant] and I walked from the Xxxxxxx 
into town, where there was to be a party at a local bar. 
 
8. 
sent, almost all of whom were white, including several officers and their wives. 
 
9. 
During the course of the evening [the applicant] danced with several women at 
the bar, some of whom were the wives of officers.  These women were all white as there 
were no black women present in the bar.  [The applicant] always asked permission of the 
officers before dancing with their wives so as not to offend them.  [The applicant] had 
permission to dance with these women and none of the officers seemed to mind.  
 
10. 
At  some  point  in  the  evening,  I  observed  [the  applicant]  dancing  with  a  white 
woman, when a sailor, who I later learned to be [L.S.], asked the woman dancing with 
[the applicant], to dance with him.  The woman declined and continued to dance with 
[the applicant].  At this time I observed some words being exchanged between [the appli-
cant and L.S.].  At the time this confrontation between [L.S. and the applicant] occurred, I 
was talking with some friends in the bar and was not next to [the applicant] but I was 
able  to  observe  what  was  happening.    I  feared  that  there  would  be  physical  violence 
against  me  and  [the  applicant]  because  of  the  incident  as  [L.S.]  and  his  friends  were 
Southerners and [the applicant] had danced with white women. 
 
11. 
Following this confrontation between [L.S. and the applicant], a friend told [the 
applicant] and I [sic] that we should leave the bar immediately because there would be 
physical violence against us if we remained.  We then made a hasty return to the ship, 
arriving  at  approximately  11:30  pm  to  12:00  am.    Upon  returning  to  the  Xxxxxxx,  [the 
applicant]  went  to  his  bunk,  which  was  located  below  deck.    After  [the  applicant] 
returned to  his bunk, I  observed and heard [L.S.] and four or five other white  enlisted 
men talking about the incident between [L.S. and the applicant] above deck. 
 
12. 
[L.S.] was speaking in a loud and aggressive tone about how [the applicant] was 
out of line for dancing with white women at the bar, and I believed that there was going 
to  be  violence  against  [the  applicant]  at  the  hands  of  the  white  sailors.    [L.S.]  was  the 

instigator  of  the  whole  incident  and  was  the  most  vocal  of  the  group  of  white  sailors.  
After overhearing [L.S.], I returned to my bunk in the officers’ quarters. 
 
13. 
…At the time of the incident, about 12:00 am [sic], the lower bunks were likely 
empty as most of the sailors were on liberty celebrating the end of the war.  I did not wit-
ness the events which led to the death of [L.S.]. 
 
14. 
On October 27, 194x, shortly after the incident, I was removed from the Xxxxxxx.  
Although I had not been involved in the incident between [the applicant] and the white 
sailors, I was still removed from the ship.  I was told that I was being removed for my 
own  safekeeping.    I  was  relieved  to  be  removed  from  the  ship  as  I  was  fearful  for  my 
own life and for the lives of the other black sailors.  Again, although I was not involved 
in  the  incident,  I  was  taken  to  the  city  jail  where  I  was  incarcerated  for  a  period  of 
approximately one week.  During this time I was not permitted to leave the jail and did 
not have any contact with anyone. 
 
After spending approximately one week in the jail, I was taken by sea plane to 
15. 
Xxxxxx,  Xxxxx.    I  was  told  that  I  was  being  taken  to  Xxxxxx  so  I  could  testify.    Upon 
arriving in Xxxxxx, I was taken to the local jail where I was held for a number of days.  I 
spent approximately thirty days in Xxxxxx. 
 
16. 
During the thirty day period I spent in Xxxxxx, I was never spoken to by anyone 
about the incident involving [the applicant].  I remember the time I spent in Xxxxxx so 
well  because  it  is  during  that  time  that  I  met  the  woman  who  was  to  become  my  first 
wife. 
 
17. 
I  was  never  called  to  testify,  and  never  testified,  in  any  judicial  proceeding 
involving  [the  applicant].    I  have  been  informed  by  [the  applicant’s  counsel]  that  the 
indictment  handed  down  against  [the  applicant]  and  dated  January  26,  194x,  lists  my 
name as a witness before the Grand Jury in Xxxxxx, Xxxxx.  However, I never testified 
before this Grand Jury or any other Grand Jury relating to the case of [the applicant].  I 
am  aware  of  what  a  Grand  Jury  proceeding  consists  of  as  I  have  recently  served  on  a 
Grand Jury in my home state of New Jersey and I am certain that I never testified before 
the Grand Jury in Xxxxxx, Xxxxx, on January 26, 194x, or at any other time. 
 
18. 
After  October  27,  194x,  I  did  not  see  [the  applicant]  as  a  member  of  the  Coast 
Guard and only learned that he had been convicted through word of mouth and not from 
[the  applicant]  himself.    I  did  not  see  [the  applicant]  again  until  1951  when  we  met 
briefly.  I have not had any contact with [the applicant] since 1951. 

1996 Statement of L.B. 
 
 
affidavit including the following statements: 
 

L.B., a sonarman first class on board the Xxxxxxx from 194x to 194x, signed an 

5. 
… I was on duty that evening and did not attend the dance but I understand that 
a  quarrel  developed  between  [the  applicant  and  L.S.]  at  this  dance.    I  understood  that 
[L.S.]  may  have  been  from  Texas,  and  being  from  Texas,  you  could  imagine  what  his 
attitude was like towards colored people.  
 

As I understand it, [the applicant] danced with a white girl and [l.S.] did not like 
6. 
it.  A quarrel ensued which culminated in the incident which I witnessed on board the 
ship late Saturday night or Sunday morning. 
 
I  was  located  in  the  berthing  compartment  when  the  incident  occurred.    The 
7. 
berthing compartment contains bunks that were stacked three high so that the top bunk 
was  several  feet  above  the  deck,  near  the  ceiling.    I  had  the  top  bunk  and  that  of  [the 
applicant] was below me. 
 
8. 
I was on my bunk and was reading when I heard a disturbance in the berthing 
compartment.  When the disturbance moved under my bunk, I remember yelling some-
thing to the effect of “Shut up! I am trying to read!”  When I finally looked down toward 
the disturbance, I saw that the larger man, [L.S.] had [the applicant] in a bear hug with 
each man facing the front of the other.  [The applicant] was also holding on to [L.S.] while 
he reached for a knife that he had taken from his footlocker, which was under his bunk.  
At this point, I observed [the applicant] stab [L.S.] in the back, which was the only area of 
[L.S.’s] body that he could reach.  After [L.S.] was stabbed he fell onto the deck and [the 
applicant] immediately sought the protection of the officers.  
 
9. 
cant] in the Xxxxxx jail.  I did one such watch in Xxxxxx. 
 
10. 
Members  of  the  crew  thought  that  we  were  originally  slated  to  go  back  to  the 
United States and that the subsequent  orders  to  proceed to China was punishment for 
what had happened on board the Xxxxxxx. 
 
11. 
My feeling in this matter, although I am a southerner myself, born in Selma, Ala-
bama, was that [the applicant] was not the instigator and was merely defending himself.  
I had the feeling that [L.S.] had it coming. 
 
12. 
in any proceeding concerning the events that I had witnessed. 

When the ship pulled out of Xxxxx, I was on board, and was not asked to testify 

Following the incident, members of the crew had to stand guard over [the appli-

1996 Statement of M.Z. 
 
 
taining the following statements; 
 

M.Z., a crewmember of the Xxxxxxx from 194x to 194x, signed an affidavit con-

2. 
On the night of the incident, it was fairly late, and I was in or around my bunk in 
the berthing compartment.  I witnessed the black sailor running towards his bunk which 
was located approximately five yards away from mine.  He was being chased by [L.S.].  
[L.S.] was a large man, weighing over two hundred pounds.  The black sailor was much 
smaller,  weighing  around  one  hundred  and  forty  pounds.    I  saw  [L.S.]  catch  the  black 
sailor  at  the  black  sailor’s  bunk.    The  black  sailor  reached  into  his  locker,  which  was 
under his bunk, where I believe he grabbed a knife.  The two men wrestled and scuffled 
with each other and at some point [L.S.] was stabbed. 
 
3. 
the Xxxxxx jail.  I believe that two men were assigned to guard, including myself. 

That evening following the incident, I was assigned to guard the black sailor at 

1996 Statement of R.S. 
 
 
signed an affidavit containing the following statements: 
 

R.S.,  a  chief  pharmacist’s  mate  on  the  Xxxxxxx  from  194x  to  December  194x, 

As I understand the incident, it involved a large Indian from Oklahoma who ran 

 
3. 
around the sleeping compartment chasing after a black man. 
 
4. 
As I stated, I was on shore patrol that evening when a crewman located me in 
Xxxxxx and informed me that there had been a stabbing on board the ship.  I rushed to 
the ship and arrived approximately ten minutes after the stabbing.  [The applicant], the 
black sailor, had already been removed from the ship and placed in the Xxxxxx jail.  An 
armed guard was place in front of the jail. 
 
When I arrived, the body of the stabbed sailor, [L.S.], was in the sick bay.  He was 
5. 
deceased.  The Captain told us that we had to remove the body on a stretcher and make it 
look as if [L.S.] were still alive.  We had a hot potato on our hands.  Black-white feelings 
ran high and blacks were not tolerated too well.  The reasons for the Captain’s decision to 
remove  the  body  in  this  fashion  was  to  avoid  any  repercussions  that  would  have 
occurred if the other sailors knew that [L.S.] was dead.  I feel that there would have been 
repercussions as there were a lot of southern boys on board, many of whom were friends 
with the Indian.  There was a fear for the safety of [the applicant] at the hands of these 
southern boys.  The Captain did an excellent job of diffusing the situation. 
 
6. 
The stabbing was a very hot issue on board the ship.  At one point after the inci-
dent,  the  Captain  called  all  of  his  chiefs  into  the  ward  room  and  stated  that  we  were 
going to  Xxxxxss.  He asked us how  we felt about bringing the prisoner on board and 
taking him with us.  We looked at each other and thought “I don’t know about this.”  The 
Captain  said  “we  are  bringing  him  to  port  and  each  of  you  guys  are  responsible  for 
keeping him alive.”  I never saw [the applicant] get back on board the ship. 
 
7. 
Myself and [the ship’s doctor] had to perform the post-mortem on the fellow that 
got stabbed.  Such a post-mortem was required by Navy regulations in order to conduct 
a court martial.  I recall while performing the post-mortem that [L.S.] was a very large 
man and that there probably was not anyone big enough on the ship to stop him.  After 
performing the post-mortem, we concluded that [L.S.] had died as a result of several stab 
wounds which had lacerated his internal viscera. 
 
After the post-mortem, we sewed up the body and placed it in canvass.  We were 
8. 
about to have the body flown to Xxxxxss, Xxxxx, when the U.S. Marshall arrived on the 
scene and asked us if anyone else had seen the body.  We told him that no one else had 
examined the body.  We were told by him that we needed to bring the body into Xxxxxx 
for  a  Coroner’s  Inquest  so  we  unsewed  the  canvass  and  pulled  the  body  out  for  the 
inquest.    At  the  inquest,  they  had  to  unzip  him  since  we  had  previously  sewn  the 
wounds shut.  People examined the body and then we sewed him back up. 

1996 Statement of H.R.14 

taining the following statements: 
 

 
H.R.,  a  signalman  on  the  Xxxxxxx  from  194x  to  194x,  signed  an  affidavit  con-

4. 
On that second night in Xxxxxx, I was on duty, and was not part of the liberty 
party that had gone ashore.  At some point around 11:00 p.m. or 12:00 a.m. I was in my 
bunk,  which  was  the  second  berthing  compartment,  and  observed  [L.S.]  chasing  [the 
applicant] through the berthing compartments.  [L.S.] was being followed by a group of 
individuals.  [L.S.] was a big man, almost twice [the applicant’s] weight.  I observed [the 
applicant] go down to his knees and reach into his locker, which was located under his 
bunk.  At this point, I saw [L.S.] grab hold of [the applicant] and [L.S.] stated, “stand up 
and fight like a man.”  [The applicant] got hold of his knife while [L.S.] was holding him 
and stabbed [L.S.] with the knife. 
 
Shortly after the incident, [the applicant] was removed form the ship for fear that 
5. 
there would be a race riot.  At some point, I was spoken to by the FBI and my statement 
was taken but [I] was not one of the men taken off of the ship to testify. 
 
I knew [the applicant] before we served on board the Xxxxxxx as we were both 
6. 
stationed in New Jersey.  To my knowledge, [the applicant] never had any trouble before 
the incident on board the Xxxxxxx. 

1996 Statement of W.R. 
 
W.R., a crewmember of the Xxxxxxx from 194x to 194x, signed an affidavit con-
 
taining  the  following  statements,  although  he  did  not  state  that  he  had  actually  wit-
nessed any particular incident: 
 

4. 
… One night while on liberty at a dance, an Indian named [L.S.], whom I worked 
with in the kitchen, was angered when a black man danced with a white woman.  When 
[L.S.]  returned  to  the  ship,  he  told  the  black  man  not  to  dance  with  white  girls.    [L.S.] 
grabbed the black man and was going to beat the hell out of him, when the black man 
stabbed [L.S.] in the back. 
 
5. 
Immediately, members of the crew began to beat the black man.  The Officer of 
the Deck, who was armed with a .45, came down and took the black man out of the com-
partment.  As he was taking him out, a crewman struck him with a foamite can, which is 
a fire extinguisher.  The man was removed from the ship and put in the jailhouse.  Mem-
bers of the crew were enraged over the incident.  Some of the men went to the three inch 
guns, loaded them, and pointed them at the jailhouse in which the black man was being 
held.  They said they were going to blow it up.  An officer, armed with a .45, forced the 
men off of the guns. 
 
6. 
forward and state that they had witnessed the incident. 

When the FBI investigated this incident, many witnesses were reluctant to come 

                                                 
14  H.R.’s 194x statement to the F.B.I. appears in Appendix A on page A-12. 

1996 Statement of R.R.15 
 
R.R.,  an  ensign  on  the  Xxxxxxx  who  was  standing  watch  as  the  Officer  of  the 
 
Deck  on  the  night  of  the  stabbing,  signed  an  affidavit  including  the  following  state-
ments: 
 

1. 
… I was also responsible for making entries into the ship’s log during my watch 
and was required to sign the log following my watch.  It was very important that the logs 
were precise and the Captain was very fussy about their accuracy. … 
 
3. 
… While standing watch upon the open deck, I heard a commotion and some-
body ran up to me and stated something to the effect of “come on back here, he is going 
to kill him.” 
 
4. 
Thereafter, I ran back to the berthing compartment and went down the ladder.  
At the foot of the ladder there was a sea of people, possibly fifteen or twenty men plus 
the men who would normally sleep there, milling around.  Somebody then pointed to the 
starboard side of the ship and stated something to the effect of “he did it.” 
 
5. 
I then directed the man who was pointed out to me to go up to the ward room 
and stay there and I instructed one of the men to go up to the ward room with a pencil 
and paper and write down whatever the man said.  I then sent somebody up to find the 
Captain and get him over to the ward room.  I also sent one of the men to get the ship’s 
doctor. 
 
6. 
The situation in the compartment was getting chaotic and the crew was getting 
kind of hysterical.  One of the older petty  officers then came up to  me and stated “we 
need to turn out the lights.”  The lights were turned off and everybody quieted down.  I 
then  went  over  to  the  starboard  side  of  the  ship  and  observed  a  man  lying  on  a  foot-
locker.  Thereafter, I went back to where the crowd was mingling and then went to the 
ward room where the Captain and others were present.  A short while later, I returned to 
the deck to try to cool things off. 
 
7. 
Almost immediately after I ordered him to go to the ward room, they took the 
man who was pointed out as the guilty party off of the ship and held him the in the local 
jail in Xxxxxx.  The three remaining black sailors were also taken off of the ship for fear 
that there would be repercussions as a result of the fact that the man who was identified 
as having done the stabbing was a black man. 

1996 Statement of R.E.16 

 
R.E., a seamen on the Xxxxxxx from 194x to 194x, signed an affidavit containing 

the following statements: 
                                                 
15    R.R.’s  194x  statement  appears  in  Appendix  A  on  page  A-14.    A  statement  he  signed  for  the  Coast 
Guard in 1999 appears in Appendix C on page C-1. 
16  Summaries of two audiotaped telephone interviews between the applicant’s counsel and R.E. appear 
on page 37 of the Final Decision on Reconsideration. 

 

I was in the furthest compartment from where [L.S.] was stabbed. … 

While ashore in Xxxxxx one evening, [L.S.] and a black sailor got into an argu-

I  did  not  witness  the  stabbing  of  [L.S.]  although  I  heard  a  commotion  coming 

3. 
ment over the black sailor’s dancing with a white woman. 
 
4. 
 
5. 
from the compartment furthest away from me. … 
 
6. 
Following the incident, the first thing the skipper did was to transfer all of the 
black men off of the ship into Xxxxxx.  We had quite a few Southern crewmen on board 
and they might have harmed the black crewmen if they were able to get a hold of them.  
None  of  the  black  sailors  who  were  taken  from  the  ship  ever  returned  on  board  the 
Xxxxxxx.    We  left  Xxxxxx  without  them.    We  never  had  black  crewmen  on  board  the 
Xxxxxxx again. 

1996 Statement of A.P. 
 
 
davit containing the following statements: 
 

A.P., a lieutenant and engineering officer on the Xxxxxxx in 194x, signed an affi-

4. 
Although I was not on board the Xxxxxxx on the night of the incident …, I have 
spoken  about  the  incident  to  several  of  the  officers  who  were  on  board  the  ship  that 
night.  These officers stated to me that they felt that [the applicant] was not to blame for 
the incident. 
 
5. 
The officers I had spoken to about the incident stated that immediately after the 
incident each of the colored sailors had to be placed under armed guard for their own 
protection,  as  it  was  feared  that  there  would  be  violence  against  them  at  the  hands  of 
several of the white sailors. 
 
6. 
To my knowledge, we never had any colored men on board the Xxxxxxx again. 

All of the colored sailors were removed from the Xxxxxxx for their own safety.  

1996 Statement of W.D. 
 

taining the following statements: 
 

W.D., a crewmember on the Xxxxxxx from 194x to 194x, signed an affidavit con-

3. 
Shortly before the confrontation between [the applicant] and the Native Ameri-
can sailor, I was in the mess hall drinking coffee.  I observed [the applicant] in the mess 
hall  also  drinking  coffee.    [The  applicant]  was  not  looking  for  any  trouble  and  was 
minding his own business. 
 
4. 
I left the mess hall and went to the machine shop.  [The applicant] remained in 
the  mess  hall,  shortly  after  [L.S.]  accompanied  by  another  man,  both  men  having  just 
returned from liberty.  The native American sailor appeared agitated and about [sic] an 
incident that had occurred in town involving [the applicant] in which [the applicant] had 
danced  with  a  woman.    The  two  men  appeared  at  the  machine  shop  door,  the  native 

American  asked,  ‘Do  you  know  where  [the  applicant]  is?  to  which  I  answered  I  don’t 
know. 
 
5. 
Although I did not witness it, I was shortly thereafter informed that [L.S.] even-
tually  found  [the  applicant]  in  the  bunk  room  where  the  Native  American  sailor,  who 
was a bigger and stronger man, attacked [the applicant], who retreated to his bunk where 
he pulled out a knife and stabbed [L.S.]. 

1996 Statement of P.V.17 
 
P.V., a machinist’s mate on the Xxxxxxx, signed the following statements in an 
 
affidavit  prepared  by  an  attorney  now  working  in  the  law  firm  of  M.E.M.,  who  is 
deceased: 
 

…  There  was  no  racial  segregation  shipboard  and  no  demonstration  of  racial 

1. 
prejudice to my knowledge. … 
 
3. 
In those days the Navy did not inform the public where its ships were located, 
and  it  would  have  been  highly  unlikely  for  officers’  wives  to  have  met  the  vessel  in 
Xxxxxx.  As far as I know, no officers’ wives were in Xxxxxx to meet the boat.  Also there 
was no dance for the ship’s crew in Xxxxxx. … 
 
5. 
One  sailor  had  returned  to  the  boat  inebriated.    He  was  still  in  his  shoreside 
uniform and making noise in the foc’sle, disturbing the sleep of other crewmembers.  The 
boatswain’s mate [L.S.] who was in charge, got out of his bunk, went over to the sailor 
and said, “Keep quiet.  There are people trying to sleep.  You know that.”  As the boat-
swain  turned,  the  inebriated  sailor  took  a  knife  and  stabbed  him  in  the  back  several 
times.  About six or seven of us, myself included, jumped on the sailor, disarmed him, 
tied him up and brought him up on deck to the deck officer. … 
 
7. 
The  boatswain  who  was  murdered  was  an  Indian  from  Oklahoma.    He  was  a 
very decent person and well liked by the crew.  It was his responsibility to keep order in 
the foc’sle, and his instruction to the inebriated sailor to keep his voice down was given 
in the line of duty.  He was only doing his duty.  He did not deserve to die. 
 
8. 
The murderer was turned over to the local authorities, and since I was an eye-
witness I was subpoenaed to trial.  I stayed in Xxxxxx 2 or 3 months waiting for the trial 
when suddenly I was informed that the sailor had “copped a plea” and that there would 
be no trial. 

1996 Statement of Xxxxxx Attorney on Territorial Judicial Process 
 

The applicant also submitted an affidavit signed by an attorney who practiced in 
the District Court for the Territory of Xxxxx in Xxxxxx for many years.  The affidavit 
states the following concerning legal procedure in the territory: 
                                                 
17    P.V.’s  194x  statement  to  the  F.B.I.  appears  in  Appendix  A  on  page  A-12.    The  applicant’s  counsel 
conducted a telephone interview with P.V. and prepared a different affidavit, which P.V. did not sign.  
Excerpts from that unsigned affidavit appear on page B-14, below. 

 

In Xxxxxx, the grand jury would meet once per year unless there were circum-

stances requiring a special meeting of the grand jury. 
 

If an individual was arrested outside of Xxxxxx and was to be transferred to Dis-
trict  Court  in  Xxxxxx  to  await  action  by  the  grand  jury,  he  would  not  have  counsel 
appointed for him until after a grand jury indictment was handed down.  Typically, in a 
felony case, counsel would have been appointed for the individual at his arraignment on 
the indictment. 
 

Arraignments, and other court proceedings, were held on Saturday and the local 
attorneys would convene in the courthouse.  The arraignments were done first thing in 
the morning.  When an arraignment would appear on the calendar, the presiding judge 
would ask the defendant if he was represented by an attorney.  If the defendant stated 
that he was not represented by counsel, the judge would appoint one of the attorneys in 
the courtroom to handle that individual’s case. 

 
 
The  applicant  also  submitted  several  statements  that  his  counsel  prepared  for 
crewmembers based on his telephone interviews with them.  The following statements 
were  sent  to  the  crewmembers  for  signature  but  were  never  signed  and  returned  by 
them. 

1996 Unsigned Statement Prepared for R.B.18 
 

The  applicant  submitted  an  unsigned  statement  that  his  counsel  had  prepared 
for R.B., a gunner’s mate on the Xxxxxxx from 1943 to 194x.  The applicant’s attorney 
alleged that R.B. did not sign the affidavit due to an illness in the family.  However, in a 
1999 affidavit submitted by the Coast Guard (see Appendix C), R.B. indicated that he 
had  refused  to  sign  the  statement  prepared  by  the  applicant’s  counsel  because  it 
“misrepresented”  his  observations.    The  following  are  excerpts  of  the  statement  R.B. 
would not sign: 
 

4. 
I was in my berthing compartment on the night in question when I witnessed a 
colored sailor, [the applicant], come down the ladder into the berthing compartment.  He 
was being chased by another sailor. [L.S.], who was from Oklahoma.  [L.S.] was a big, 
heavy set individual.  [L.S.], upon entering the berthing compartment in pursuit of the 
colored  sailor  struck  the  colored  sailor  several  times  with  his  fist  causing  the  colored 
sailor to drop to his knees.  While on his knees, the colored sailor reached into his foot-
locker, which was located in front of his bunk which was suspended from the wall.  As 
the colored sailor reached into his footlocker, he was struck several more times by [L.S.].  
The colored sailor, in an attempt to defend himself, pulled a knife from his footlocker.  At 
this point, guys started coming out of their bunks, interested in seeing what was going 
on. 
 

                                                 
18    R.B.’s  1999  statement  submitted  by  the  Coast  Guard  is  excerpted  in  Appendix  C  on  page  C-1.    A 
summary  of  an  audiotaped  telephone  interview  between  the  applicant’s  counsel  and  R.B.  appears  on 
page 38 of the Final Decision on Reconsideration. 

The colored sailor stabbed [L.S.].  I cannot recall whether [L.S.] was stabbed one 

5. 
or two times.  After being stabbed, [L.S.] spun around and collapsed to the ground. … 
 
7. 
Following the incident, all of the colored sailors were removed from the ship.  I 
believe that this action was the result of the officers’ concern for the safety of the colored 
sailors and out of fear that there would be further confrontations between the white and 
colored crew members. … 
 
Following the incident, I never spoke to, was questioned by, or made any state-
8. 
ments to any law enforcement agency, including the Federal Bureau of Investigation, the 
United States Attorneys Office, or the U.S. Marshall.  Additionally, I never spoke to any 
attorneys regarding the incident that I had witnessed.  I was not involved in any investi-
gation. 
 
9. 
Northern Pacific, Okinawa, and China. 

When the Xxxxxxx pulled out of Xxxxx, I was aboard as we headed toward the 

1996 Unsigned Statement Prepared for F.R.19 
 
The following unsigned statements were prepared by the applicant’s counsel for 
 
the signature of F.R., an electrician on the Xxxxxxx in 194x, following a telephone inter-
view.  In an audiotape of that interview, F.R. indicated that he would not sign because 
of  the  quotation  about  hanging  the  black  sailors  from  totem  poles  and  because  he 
believed the men were looking for the applicant rather than chasing him (see page 35 of 
the Final Decision on Reconsideration). 
 

Shortly  after  the  incident  on  shore,  I  observed  four  or  five  men  aboard  the 
3. 
Xxxxxxx  who  were  searching  for  [the  applicant].    I  believe  that  the  men  who  were 
searching  for  [the  applicant]  “had  it  in  for  him”  and  that  they  were  searching  for  him 
because of what happened between he [sic] and [L.S.] on shore. … 
 
5. 
Immediately  after  the  stabbing,  a  dangerous  situation  ensued  in  which  I  over-
heard a number of sailors state that “we should take all of the blacks and hang them up 
from totem poles.”  I took immediate action to keep the situation under control by mak-
ing my way to the motor room and turning off all of the lights on the ship.  I reasoned 
that men could not get about too well if almost total darkness and as a result the situation 
would remain calm.  Although I was slightly reprimanded by my superior for taking this 
action, I believe that the events proved my judgment to be correct. 
 
6. 
the ship for fear that there would be repercussions as a result of the stabbing. … 

All of the black crewmen, including [the applicant], were immediately taken off 

                                                 
19  Summaries of two audiotaped telephone interviews between the applicant’s counsel and F.R. appear 
on page 35 of the Final Decision on Reconsideration. 

1996 Unsigned Statement Prepared for L.N.20 
 
 
chief motor machinist’s mate on board the Xxxxxxx from 194x through 194x: 
 

The  following  unsigned  statements  were  prepared  for  the  signature  of  L.N.,  a 

When the two men returned to the Xxxxxxx, the incident exploded down in the 

4. 
I had heard that the incident between the black seaman and the white southern 
gentleman began with a hassle over an Indian girl.  The dispute was over which one of 
them was to dance with the Indian girl. 
 
5. 
berthing compartment.  I believe that alcohol had a lot to do with the incident. 
 
6. 
I was down in the berthing compartment at  the bottom  of a stairway and wit-
nessed the incident.  I saw the two men come down into the berthing compartment; first 
the black sailor and then the white sailor who was chasing him. 
 
7. 
The white sailor was much larger than the black one and I believed that the black 
man was in trouble and that the black man was going to be severely beaten.  I was about 
ten feet behind the location where the incident took place.  The compartments are very 
close together and there is little room to maneuver down there. 
 
8. 
Just prior to the stabbing, the black seaman was down on the floor, on his knees, 
in front of his bunk.  The white seaman was standing over the black sailor.  The black 
sailor  grabbed  the  white  sailor  around  the  knees  and  was  basically  hanging  on  to  this 
knees.  I saw that the black sailor had one of those GI issued knives that he had pulled 
from his locker and he brought it up from the back and stabbed the white sailor. 
 
9. 
black not had the knife, the killing might have gone the other way. 
 
10. 
After the stabbing, I rushed up to get the Officer of the Deck.  The incident drew 
a crowd of men down in the berthing compartment.  The men had gathered around and 
the black sailor was down there defending himself. … 
 
12. 
FBI, any attorneys, or other sources outside of the ship. 

Following the incident to which I was an eyewitness, I was not spoken to by the 

In my opinion, the black man was defending himself and I believe that had the 

1996 Unsigned Statement Prepared for P.V. 21 
 
 
The  following  unsigned  statements  were  prepared  for  the  signature  of  P.V.,  a 
member  of  the  Xxxxxxx’s  engineering  crew  in  194x,  based  on  a  telephone  interview 
with the applicant’s counsel: 

                                                 
20    L.N.’s  194x  statement  to  the  F.B.I.  appears  in  Appendix  A  on  page  A-8.    A  summary  of  a  taped 
interview  between  the  applicant’s  counsel  and  L.N.  appears  on  page  34  of  the  Final  Decision  on 
Reconsideration. 
21    P.V.  did  sign  an  affidavit  prepared  by  a  living  member  of  M.E.M.’s  law  firm.    Excerpts  from  that 
affidavit appear on page B-11, above.  Excerpts from P.V.’s 194x statement appear in Appendix A on page 
A-12. 

 

I then saw the inebriated man stab [L.S.]. 

On the night of the incident, I was on watch with [L.S.], who was a boatswain’s 

3. 
mate and was in charge of keeping order on the ship, much like a foreman. 
 
4. 
At  approximately  midnight,  a  man  came  back  from  shore  leave  and  he  was 
inebriated.  I could tell by the way he walked that he was drunk.  The man went down 
into the foc’sle and was creating a disturbance.  Some of the men were in their bunks at 
this time and so [L.S.], who was in his bunk as well, told the man to quiet down so as not 
to disturb the men who were sleeping. 
 
5. 
 
6. 
After the incident at Xxxxxx, I was taken off of the Xxxxxxx where I waited for 
the Xxxxx Xxxxxxx Company to send a freighter out of xxxxx to take me to Xxxxxx as I 
was a witness to the incident. 
 
7. 
When I arrived in Xxxxxx, I stayed in the Hotel xxxx and the Hotel xxxxxxx with 
the other witnesses.  Our meals were paid for and we had to report to the hotel every day 
so that the authorities knew where we were.  I stayed in Xxxxxx for over one month but I 
was never called to testify at any court proceeding such as a trial or a grand jury.  To my 
knowledge,  none  of  the  other  witnesses  were  called  to  testify.    All  of  the  proceedings 
were done in secret and none of the attorneys on either side bothered with the witnesses.  
We later received word by courier that the case had been settled out of court between the 
lawyers and that the murderer received a five year sentence. 
 
8. 
not receive the punishment that he deserved. 

I believe that the murderer was cut a break by the powers that be and that he did 

 

EXCERPTS OF STATEMENTS SUBMITTED BY THE COAST GUARD 

APPENDIX C 

 
 
affidavits signed by crewmembers in 1999.  The following are excerpts from those affidavits. 

In his advisory opinion to the BCMR, the Chief Counsel of the Coast Guard submitted 

1999 Statement of R.B.22 

 
… I directly observed the incident between [the applicant and L.S.]. …  I refused to sign 
the affidavit [the applicant’s counsel] prepared for my signature because I felt it misrep-
resented by observations and opinions regarding the incident. … 
 
…  I was resting in my bunk in after-berthing when I saw [the applicant] enter the com-
partment  and  approach  his  bunk.    A  little  while  later,  I  observed  [L.S.]  enter  the  com-
partment and approach [the applicant].  Both crewmembers started to throw punches at 
each other.  I would estimate that [L.S.] hit [the applicant] with 4 to 5 punches before [the 
applicant] dropped down on one knee next to his footlocker.  It was clear that [the appli-
cant] had dropped to his knee to retrieve something from inside his footlocker.  While 
[the applicant] was reaching inside his footlocker, [L.S.] continued to hit him a few more 
times.  Almost immediately, [the applicant] pulled a knife from his footlocker and stood 
up and, with the knife in his right hand, he lunged over [L.S.’s] left shoulder and quickly 
stabbed him three times in the back.  The entire altercation from the time [L.S. and the 
applicant] started fighting to the time [the applicant] stabbed [L.S.] lasted no more than 
45 seconds.  For this reason, I did not feel at any point that the fight was out of control or 
that I or any of my other shipmates needed to separate the two combatants for their own 
safety.  The knifing of [L.S.] happened so quickly, no one could have taken action to pre-
vent it.  Additionally, at no point in the altercation between the two crewmembers did I 
observe  [L.S.]  choking  [the  applicant]  with  both  of  his  hands  around  [the  applicant’s] 
neck. 
 
I did not know either [the applicant or L.S.] very well.  I do recall that [the applicant] had 
a reputation as a bad actor within the crew and it was known that he had previously cut 
someone with a knife and that we should stay away from him for that reason.  As far as 
their fight went, I had observed other scraps aboard the Xxxxxxxx during my extended 
tour of duty and did not feel that the [applicant-L.S.] altercation was any worse or better 
than any of those fights until the moment [the applicant] withdrew his knife and stabbed 
[L.S.]. 
 
As  to  race  relations  aboard  the  Xxxxxxxx,  I  would  state,  without  hesitation,  that  all 
crewmembers  were  treated  equally  and  that  there  were  no  overt  acts  of  racism  that  I 
could discern. 

                                                 
22  An unsigned statement prepared for R.B. by the applicant’s counsel appears in Appendix B on page B-
12.  A summary of R.B.’s audiotaped telephone interview with the applicant’s counsel appear on page 38 
of the Final Decision on Reconsideration. 

1999 Statement of Ensign R.R., the Officer of the Day23 
 

3. 
…  Other than the fact that [the applicant] was standing up and able to walk to 
the wardroom after the incident, I was unaware of any injuries [the applicant] may have 
sustained as a result of his fight with [L.S.].  After I entered the compartment, I did not 
observe  any  crewmember  inflict  harm  on  [the  applicant]  nor  did  any  crewmember  hit 
[the applicant] as he left the compartment to go to the wardroom. 
 
4. 
As to matter immediately preceding and after the incident, [the applicant] never 
reported to me prior to the incident to address any concern he might have had regarding 
alleged threats to his physical safety made by other crewmembers while ashore on lib-
erty.    As  the  In  Port  OOD,  I  would  have  been  the  appropriate  official  to  inform  if  a 
crewmember had such a concern.  I was available to any crewmember during that period 
and, as a crewmember familiar with the ship’s organization and routine, [the applicant] 
would  have  known  to  contact  me,  as  the  OOD,  to  resolve  such  a  situation  if  it  had 
occurred. 
 
5. 
As  to  the  deck  gun  incident  that  allegedly  took  place  after  [the  applicant]  was 
handed over to the custody of the U.S. Marshall in xxxxxx, xxxxx, I have absolutely no 
recollection  of  such  an  incident.  …    I  can  unequivocally  state  that  I  would  have  been 
aware  of  the  matter.    An  incident  of  that  nature  would  have  resulted  in  disciplinary 
action that would have been logged, which it was not. 

1999 Statement of P.M.24 
 

…  I was a Lieutenant assigned as the ship’s Gunnery Officer … and was very familiar 
with its crew… 
 
…  I was asleep in my stateroom ….  I also later learned that the stabbing and the events 
leading  up  to  the  stabbing  had  taken  place  very  quickly  with  no  opportunity  for  any 
other crew members to intervene between the two individuals. 
 
I was well acquainted with [L.S.] as he was a member of the deck force ….  [L.S.] was a 
very good man who was very attached to his work and performed in a superior manner.  
I  was  not  acquainted  with  [the  applicant]  as  he  worked  in  the  engineering  spaces  ….  
After the incident and subsequent to the Board of Investigation, the Executive Officer … 
stated that had he known about [the applicant’s] past misconduct, he would have pro-
hibited him from possessing a knife while assigned to the USS Xxxxxxxx. 
 
Regarding the alleged deck gun incident that supposedly took place after [the applicant] 
was handed over to the custody of the U.S. Marshall in xxxxxx, xxxxx, I can state that that 
allegation is a pure fabrication.  As the Gunnery Officer, I would have been intimately 
aware of any unauthorized attempt to use a deck-gun in the manner alleged.  There is 
just no possibility that this incident occurred …. 
 

                                                 
23  R.R.’s 194x statement to the F.B.I. appears in Appendix A on page A-14.  The affidavit he signed in 
1996 appears in Appendix B on page B-9.  
24    A  summary  of  an  audiotaped  telephone  interview  between  the  P.M.  and  the  applicant’s  counsel 
appears on page 36 of the Final Decision on Reconsideration. 

As to race relations aboard the Xxxxxxxx, I can state that there were no adverse incidents 
or  occurrences  that  would  lead  me  to  believe  that  the  Black  crewmembers  were  being 
treated unfairly or with disregard for their rights. …  The Black crewmembers worked, 
ate,  and  slept  alongside  their  white  shipmates  without  problem  or  incident.    I  would 
refute any suggestion that the crew had it in for their Black shipmates. 

APPENDIX D 

 

EXCERPTS OF MEDICAL AND AUTOPSY REPORTS 

 
The F.B.I. report states that L.S. was 5’ 10” tall, 200 pounds, and “stout.”  His military 
personnel record indicates his race was white, but in fact he was Native American.25  The appli-
cant, an African American, was 5’ 7” tall, 138 pounds, and “slim.” 

Report of the Ship’s Doctor to the F.B.I. Concerning L.S.’s Wounds 
 

[The ship’s doctor] advised that he observed [L.S.] immediately following the stabbing on 
board  the  U.S.S.  XXXXXXXX  on  10-27-4x.    He  was  lying  supine,  moderately  cyanotic, 
with labored respiration, imperceptible radial pulse and in [unreadable]  On turning him 
to a prone position and wiping the excess blood from his back,  three widely separated, 
gaping wounds were seen.  One of the three wounds was located over the right scapula, 
the second in the mid-posterior, left thorax, near its base, the third in the mid-posterior, 
right thorax, near its base. … 
 
[The ship’s doctor] further advised that he and Dr. A.N., of xxxxxx, xxxxx, performed an 
autopsy on [L.S.] … . 

Report of the Ship’s Doctor to the F.B.I. Concerning the Applicant’s Injuries 

Head and Scalp—Normal. 
Ears, Eyes, Nose & Throat--Negative 
Neck—Normal. 
Thorax—Negative. 
Upper extremities—There is a “brush burn” contusion on the medial surface of 

 
[The  ship’s  doctor]  furnished  a  copy  of  the  medical  history  report  which  he  prepared 
concerning [the applicant], beginning at 3:00 a.m., 10-27-4x.  The report is as follows: … 
Diagnosis: (1) Alcoholic intoxication, moderate.  (2) Contusions, left ankle, left hip, right 
lower leg, lumbar area, right lower arm. … 
 
Physical Examination:  Patient stands with difficulty because of pain in the left ankle and 
hip. He is handcuffed.   
 
 
 
 
 
the mid right forearm.  It is slightly tender.  Upper extremities otherwise negative. 
 
Back—There  is  tenderness  in  the  paravertiberal  muscles  on  both  sides  of  the 
lumbar vertebrae.  Flexion of the back is limited approximately 50% by apparent pain in 
this area.  No other evidence of contusion found. 
Abdomen—Negative.  No evidence of contusions found. 
 
 
Lower extremities—The patient limps, favoring the left leg.  There is tenderness 
on palpation in the left hip about the greater trachanter of the femur.  There is no visual 
evidence of contusion in this area.  There is an area on  mid-anterior of left ankle from 
which the superficial layers of skin were avulsed, measuring one and a half by one cen-
timeter.  This is a fresh contusion and the surrounding area is quite tender on palpation. 
 

                                                 
25  Although L.S.’s enlistment papers indicate that he was white, fellow crewmembers apparently knew 
him to be Native American.  The Coast Guard recently contacted a relative of L.S., who stated that L.S. 
was a member of the Xxxx Indian Nation. 

There  are  two  recently  contused  areas  on  the  upper  anterior  right  lower  leg,  showing 
“brush  burns”  one  to  one-and-a-half  centimeters  in  diameter,  which  are  non-painful.  
There is an additional brush burn over the left patella. 

Report of the Autopsy by Dr. A.N., Coroner 
 

REPORT OF AUTOPSY OF [L.S.] (xxx-xxx) SEAMAN, FIRST CLASS, 

U.S. COAST GUARD RESERVE 

General  Examination:    The  body  was  that  of  a  young  white  adult  male,  well 

 
1. 
develop and well nourished, height 5’ 10”, weight 200 pounds. … 
 
 
Thorax—Inspection  of  the  anterior  thoracic  was  negative.    On  the  posterior 
thorax  were  three  wounds.    The  first  was  a  transverse  wound  over  the  spine  of  right 
scapula.  It measured two inches in depth, two and a half inches in width and did not 
extend through the scapula. … The second wound was three and one-fourth inches to the 
left of the spine of the sixth thoracic vertebra.  It penetrated the thoracic cavity between 
the eighth and ninth ribs,  admitting an examining finger to the thoracic cavity.  … The 
wound measured one and one half inches in width.  The third wound was located three 
inches to the right of the fifth thoracic vertebral spine.  It measured two inches in width.  
The examining finger entered the thoracic cavity between the seventh and eighth ribs. 
 
5. 
 
The [first wound] was caused by a blow delivered approximately at right angles to the 
surface.  Degree of angulation was difficult to determine in this wound. 
 
The [second wound] was caused by an instrument … passing downward at an angle of 
approximately  25  degrees,  anteriorly  at  an  angle  of  approximately  45  degrees,  and 
radially at an angle of approximately 20 degrees. 
 
The [third wound] was caused by an instrument which entered between the seventh and 
eighth ribs in mid posterior thorax and passed downward at an angle of approximately 
45 degrees and anteriorly at an angle of 45 degrees.  There was no apparent medial or 
lateral deviation in its course.  

Course of weapon inflicting the wounds found by autopsy. 

Applicant’s Medical Records 
 
 
xxxxxx, and deafness and that he underwent a spinal fusion. 

The applicant submitted many medical records indicating that he has suffered from xxxx, 

1999 Medical Opinion on Applicant’s Physical Examination by the Ship’s Doctor 
 
 
The Coast Guard submitted a doctor’s analysis of the report of the ship’s doctor to the 
F.B.I. concerning the applicant’s physical condition after the incident.  The doctor is the Chief of 
the Office of Health Services at Coast Guard Headquarters.  He previously served as the con-
sulting physician to the Albemarle County jail in Virginia and stated that he is therefore “familiar 
with the aftermath of physical assaults and their attendant injuries.”  The doctor made the fol-
lowing analysis: 

3. 
[The description in the report] is consistent with a history of assault.  No bruising 
of  the  neck  is  documented.    This  could  be  from  the  fact  that  no  injury  to  the  neck 
occurred, or that in individuals with dark skin coloration such as bruises caused by grip-
ping or choking are very difficult to see.  However, that conclusion is contradicted by the 
lack of any swelling or documented skin injury in the neck area. 
 
4. 
injury than a strike injury. 
 
5. 
In  summary,  there  is  no  objective  evidence  from  the  report  of  [the  applicant’s] 
injuries that lead me to believe that his life was in jeopardy or that he had suffered a near 
fatal choking just three hours prior to this examination on 27 October 194x. 

The “brush burns” mentions above are more consistent with a friction/scraping 

 

 
 



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