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Box 7, Folder 17, Document 47
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The account of an encounter with the City of Atlanta Police, Tuesday Night,
May 2, 1967, by Huron W. Virden, Jr., 685 Argonne Avenue NE Apt. 10, Atlanta, Ga.
o
At approximately 9 PM to 9:30 PM, May 2, 1967, I was walking south on the west
side of Peachtree between 10th and llth streets. I had been to the Post Office
on 14th and had parked on Peachtree and was going to make a telephone call at the
Rexall Drug Store. Near 10th Street I noticed two men in business suits who
looked to be in their thirties forcing an old man across to the east side of Peache
tree to a late model automobile with no obvious markings. Each of the younger
men had the old man (he was white in maybe his early fifties) by his arms and were
twisting them slightly forcing him across the street. The old man himself was
offering no discernable resistence and looked in good condition. He carried him-
self well. The old man was forced into the car to the rear seat and the other two
got in the front seat and closed the doors,
The first thought that entered my mind was that of citizens in a city who observe
violence and do nothing to aid the victum. This situation did not look right.
I crossed the street after all three men were in the car and walked behind the car
deliberately looking at the liscense plates which were ordinary Georgia, Fulton
County, 1966 plates. I stepped onto the sidewalk and walked toward the front of
the car. As I passed the front car door the man sitting next to the curb said:
"He looked at the liscense plates!"
I reached approximately the front wheel of the car and turned and looked through
the front windshield in order to clearly see the faces. At this point the man
sitting next to the curb jumped out of the car and said to me, "What do you want,
mister?"
I said, "What's going on here?" (This was the first remark that I had spoken which
was in response to him and had made no attempt to interfere.)
He said, "We're the police."
I said, "Show me your badge, mister."
We had been standing two or three feet apart. He immediately shoved me causing
me to lose my balance. He showed me nothing. I turned and stumbling tried to run.
He was right behind me, but I managed to get into the middle of Peachtree before
he dragged me down onto the street, The other one piled on and I struggled, not
hitting them but trying to throw them off. I began yelling, "Help: I don't
know who these two guys are. Somebody help me: ' Nobody came over. In the middle
of Peachtree a pair of handcuffs was gotten out and finally put on me. I was
forced back to the car, but they were unable to force me into the car. During
this entire time I continued to yell, "Help, I don't know who these two guys are!"
After I was forced back to the car a bystander said, "They're the police.. You're
in good hands."
Since I did not know the bystander and did not consider handcuffs very good badges
of identification, I continued to yell. By this time they had forced me to the
trunk of the car with my feet on the ground and pressed by torso across the trunk.
Finally a bystander, a Chinese, said,'"What are you two doing to him?" and one of
them said, '"We!’re the police."
The Chinese said, "Then show him your badge."
At this point one of them for the first and only time pulled out a badge and holding
it low, briefly flashed it and then put it back in his pocket. I yelled to the Chinese
"Get his name and badge number,"
The Chinese then said, "You are in good hands, you go on with them,"
I was by no means assured and continued to yell hoping that a uniformed patrol-
man would show up. Finally a paddy wagon came screaming up and as the driver
jumped out I said, "Boy, am I glad to see you." The wagon driver later said that
his aame was Ray.
I offered no resistence to being placed in the wagon and stopped yelling. Sitting
there in the wagon at 10th and Peachtree I became aware of two new faces in plain
clothes who began talking to the men who had jumped me, and I beganiemanding
their name and badge numbers. Finally one of them stuck his head in the door of
the wagon and said that his name was Metzger (or something roughly like that) and
that he was superintendent of detectives. I briefly related to him the circumstances
of my observing the old man being forced across the street to an unmarked car and my
subsequent invoivement with the other two men and told him, "I don't mind an
heacst cop, but you've got two louses out there."
I later discovered I was charged with using profanity to an officer, ana this remark
was the extent of my profanity.
Sitting there in the wagon the oid man was finally put in with me, ana he said
that his name was Robert Anderson from Decatur, Ga. I understand that he was later
booked for being drunk,
Another remark that I did yell out of the wagon to the detectives and superintendent
was that I was going to file charges for false arrest.
We were driven to the station house in the wagon and both of us got out making no fuss.
The handcuffs were taken off me and I was told to sit on a bench in the station house
while the old man was booked. I was told to come up to the counter which Lhdid with
mo comment. A patrolman with a plaster of paris mitten todk my right hand and started
to raise it as if to fingerprint me. I held my hand down and said, "You can't
fingerprint me."
He said, "Oh yes we can." and began to twist my right arm while putting a hammer=
lock around my neck with his left arm.
A woman behind the counter sustained his statement by saying, "Oh yas they can."
Another patrolman began twisting my left arm and I relaxed and said, "Okay."
At no time did I offer any other opposition then simply state that they could not
fingerprint me, and I held my hand down when they first tried to lift it. I was
choked unconscious. When I came to I was led into the elevator by the patrolman
with the plaster mitten plus another patrolman. Another prisoner was placed on
the elevator who I think was Robert Anderson and he was accompanied by another officer.
I think there was also an elevator operator present. In the elevator I was beaten
and kicked by the two officers with me and particularly by the officer with the
plastér mitten which he used as a very effective weapon. When the elevator stopped
I was led out and thrown to the floor and kicked. I was told to get to my feet and
directed down the hall, down which I was continually beaten, especially with the
plaster mitten, The only remarks that I made during thig course of events waa,
"Stop, please, stop: I can't do anything!"
I was finally thrown into a barren cell and the door shut. After what seemed to be
about two hours I asked an officer who came by if I could make a phone call. He
said, "No." A little later he came by again and I said, "I want to call my lawyer."
He said, "No."
Finally around five o'clock in the morning (I had my watch) the same officer came by
and said, "You can make a telephone call,"
At this time I was afforded an ofportunity to call an attorney and friend, Gilbert
D. Spindel, and my employers L. W. Gray. Mr. Spindel bailed me out at approximately
7:30 AM, Wednesday morning.
their homes nor from ane petses on Peachtree Street.
My face was bruised and bloody. I stated at the desk as I left that I thought
my arm was broken. Before the officers in charge would let me out he wanted to
know if I wanted to go to the hospital while still in official care and I said no
that I wanted out,
Trial was set for 3:30PM that afternoon, and it was the next day Thu sday, before
I was able to have the arm examined and x-rayed by Dr. E, Ladd Jones. The end of
one bone on my right elbow was broken which did not require a cast,
There were five charges filed against me. Since I was never given copies I can
only recall them as best I can according to memory:
1. Assault and battery against an officer
2. Assault and battery against an officer
3. Disorderly conduct
4. Violating the noise ordinance
5. Using profanity to an officer
My attorney for the hearing, Ernest Brookins, consulted with one of the arresting
officers, Detective Ferguson, before the trial. The other detective who initiated
the fracas did not show up. Detective Ferguson was willing to admit that I pro-
bably thought I was aiding a distressed citizen and I simply stated that I did not
know the two men were policemen. I do not know what other consultations there
might have been but Judge Jones dropped ail the charges except disorderly conduct for
which he fined me $15.00 and suspended the fine.
My attorney also conceded that I be fingerprinted after the trial for which I acceded.
The same crew who had worked me over the prevous evening were there again. After
delaying me for approximately an hour while attempts were made to dind a previous
record, of which there was none, I was let go. However, at the fingerprinting
the man doing it made two sets, both with the date May 3, 1967, stamped on then.,
* There also seemed to be a third card of larger size than the ones made and signed by
me. I could not be sure that this third card of fingerprints was associated with me,
though it could have been a set of fingerprints I had made at the Atlaata Police
Station back in January or February for a pistol permit which I received. Also in
photographing me the dame man who made the prints changed some of the letters or
numbers on the identification plaque when going from the frontal shot to the pro=
file shot, The two sets of fingerprints which I signed and the chan8e in the plaque
have yet to be cleared up.
If one is bemused by this account of brutality, there was perhaps one contributing
factor heretofore unspoken. I am a construction superintendent on residences and
was dressed in kaiki work clothes and work boots which were not altoghther clean, I
have found that when so attired I am sometimes given the most perfunctory consideration
by store clerks, filling station attendents, and now the police.
My present course of action is this. I do not plan to contest the settlement of the
charges against me nor do I g@lanto file charges of false arrest. I do intend that my
side of the story be clearly brought to the attention of the appropriate superiors.
I want to make it clear also that it was not detective Ferguson who initiated the
fracas but his partner whose name I do not know, The situation in the station house
is a differant matter. I will file formal charges.
For those who must consider this case I say this, The primary responsibility for the
brutality inflicted on me lays with the men who did it and their superiors. These now
are less than men. I believe that the majority of the Atlanta Police Force are men of
basic honesty, integrity, and humanity. To let such unwarranted brutality by their
fellows go unchallenged would be a disservice to their values which must be constantly
striven forin a viscious world. I know too that the same officers who assulted me
risk their lives every day in the line of duty.
Thereis another source of evil here only slightly less in magnitude, Men, whether rich
or poor must stand accountable for their actions and when they do not, then they are the
worst. But here we are also faced with a pdlice department, a city administration, a
city power structure, a bar association, newspapers, television stations, a citizenry
that expect men to continuously risk their lives in defense of their great property for
a minimum of pay.
Until these matters are effectively faced, the people will not be safe from criminals in
He a Oe fm ge Se
ee (LE-< f/ a \ pert ot GA: Signed: a oe - :
YC C+ tet A oie ‘fe 3 i foe “tf had date a * ee & fs
Ce PII CV? e Pte Cnn, ere
May 2, 1967, by Huron W. Virden, Jr., 685 Argonne Avenue NE Apt. 10, Atlanta, Ga.
o
At approximately 9 PM to 9:30 PM, May 2, 1967, I was walking south on the west
side of Peachtree between 10th and llth streets. I had been to the Post Office
on 14th and had parked on Peachtree and was going to make a telephone call at the
Rexall Drug Store. Near 10th Street I noticed two men in business suits who
looked to be in their thirties forcing an old man across to the east side of Peache
tree to a late model automobile with no obvious markings. Each of the younger
men had the old man (he was white in maybe his early fifties) by his arms and were
twisting them slightly forcing him across the street. The old man himself was
offering no discernable resistence and looked in good condition. He carried him-
self well. The old man was forced into the car to the rear seat and the other two
got in the front seat and closed the doors,
The first thought that entered my mind was that of citizens in a city who observe
violence and do nothing to aid the victum. This situation did not look right.
I crossed the street after all three men were in the car and walked behind the car
deliberately looking at the liscense plates which were ordinary Georgia, Fulton
County, 1966 plates. I stepped onto the sidewalk and walked toward the front of
the car. As I passed the front car door the man sitting next to the curb said:
"He looked at the liscense plates!"
I reached approximately the front wheel of the car and turned and looked through
the front windshield in order to clearly see the faces. At this point the man
sitting next to the curb jumped out of the car and said to me, "What do you want,
mister?"
I said, "What's going on here?" (This was the first remark that I had spoken which
was in response to him and had made no attempt to interfere.)
He said, "We're the police."
I said, "Show me your badge, mister."
We had been standing two or three feet apart. He immediately shoved me causing
me to lose my balance. He showed me nothing. I turned and stumbling tried to run.
He was right behind me, but I managed to get into the middle of Peachtree before
he dragged me down onto the street, The other one piled on and I struggled, not
hitting them but trying to throw them off. I began yelling, "Help: I don't
know who these two guys are. Somebody help me: ' Nobody came over. In the middle
of Peachtree a pair of handcuffs was gotten out and finally put on me. I was
forced back to the car, but they were unable to force me into the car. During
this entire time I continued to yell, "Help, I don't know who these two guys are!"
After I was forced back to the car a bystander said, "They're the police.. You're
in good hands."
Since I did not know the bystander and did not consider handcuffs very good badges
of identification, I continued to yell. By this time they had forced me to the
trunk of the car with my feet on the ground and pressed by torso across the trunk.
Finally a bystander, a Chinese, said,'"What are you two doing to him?" and one of
them said, '"We!’re the police."
The Chinese said, "Then show him your badge."
At this point one of them for the first and only time pulled out a badge and holding
it low, briefly flashed it and then put it back in his pocket. I yelled to the Chinese
"Get his name and badge number,"
The Chinese then said, "You are in good hands, you go on with them,"
I was by no means assured and continued to yell hoping that a uniformed patrol-
man would show up. Finally a paddy wagon came screaming up and as the driver
jumped out I said, "Boy, am I glad to see you." The wagon driver later said that
his aame was Ray.
I offered no resistence to being placed in the wagon and stopped yelling. Sitting
there in the wagon at 10th and Peachtree I became aware of two new faces in plain
clothes who began talking to the men who had jumped me, and I beganiemanding
their name and badge numbers. Finally one of them stuck his head in the door of
the wagon and said that his name was Metzger (or something roughly like that) and
that he was superintendent of detectives. I briefly related to him the circumstances
of my observing the old man being forced across the street to an unmarked car and my
subsequent invoivement with the other two men and told him, "I don't mind an
heacst cop, but you've got two louses out there."
I later discovered I was charged with using profanity to an officer, ana this remark
was the extent of my profanity.
Sitting there in the wagon the oid man was finally put in with me, ana he said
that his name was Robert Anderson from Decatur, Ga. I understand that he was later
booked for being drunk,
Another remark that I did yell out of the wagon to the detectives and superintendent
was that I was going to file charges for false arrest.
We were driven to the station house in the wagon and both of us got out making no fuss.
The handcuffs were taken off me and I was told to sit on a bench in the station house
while the old man was booked. I was told to come up to the counter which Lhdid with
mo comment. A patrolman with a plaster of paris mitten todk my right hand and started
to raise it as if to fingerprint me. I held my hand down and said, "You can't
fingerprint me."
He said, "Oh yes we can." and began to twist my right arm while putting a hammer=
lock around my neck with his left arm.
A woman behind the counter sustained his statement by saying, "Oh yas they can."
Another patrolman began twisting my left arm and I relaxed and said, "Okay."
At no time did I offer any other opposition then simply state that they could not
fingerprint me, and I held my hand down when they first tried to lift it. I was
choked unconscious. When I came to I was led into the elevator by the patrolman
with the plaster mitten plus another patrolman. Another prisoner was placed on
the elevator who I think was Robert Anderson and he was accompanied by another officer.
I think there was also an elevator operator present. In the elevator I was beaten
and kicked by the two officers with me and particularly by the officer with the
plastér mitten which he used as a very effective weapon. When the elevator stopped
I was led out and thrown to the floor and kicked. I was told to get to my feet and
directed down the hall, down which I was continually beaten, especially with the
plaster mitten, The only remarks that I made during thig course of events waa,
"Stop, please, stop: I can't do anything!"
I was finally thrown into a barren cell and the door shut. After what seemed to be
about two hours I asked an officer who came by if I could make a phone call. He
said, "No." A little later he came by again and I said, "I want to call my lawyer."
He said, "No."
Finally around five o'clock in the morning (I had my watch) the same officer came by
and said, "You can make a telephone call,"
At this time I was afforded an ofportunity to call an attorney and friend, Gilbert
D. Spindel, and my employers L. W. Gray. Mr. Spindel bailed me out at approximately
7:30 AM, Wednesday morning.
their homes nor from ane petses on Peachtree Street.
My face was bruised and bloody. I stated at the desk as I left that I thought
my arm was broken. Before the officers in charge would let me out he wanted to
know if I wanted to go to the hospital while still in official care and I said no
that I wanted out,
Trial was set for 3:30PM that afternoon, and it was the next day Thu sday, before
I was able to have the arm examined and x-rayed by Dr. E, Ladd Jones. The end of
one bone on my right elbow was broken which did not require a cast,
There were five charges filed against me. Since I was never given copies I can
only recall them as best I can according to memory:
1. Assault and battery against an officer
2. Assault and battery against an officer
3. Disorderly conduct
4. Violating the noise ordinance
5. Using profanity to an officer
My attorney for the hearing, Ernest Brookins, consulted with one of the arresting
officers, Detective Ferguson, before the trial. The other detective who initiated
the fracas did not show up. Detective Ferguson was willing to admit that I pro-
bably thought I was aiding a distressed citizen and I simply stated that I did not
know the two men were policemen. I do not know what other consultations there
might have been but Judge Jones dropped ail the charges except disorderly conduct for
which he fined me $15.00 and suspended the fine.
My attorney also conceded that I be fingerprinted after the trial for which I acceded.
The same crew who had worked me over the prevous evening were there again. After
delaying me for approximately an hour while attempts were made to dind a previous
record, of which there was none, I was let go. However, at the fingerprinting
the man doing it made two sets, both with the date May 3, 1967, stamped on then.,
* There also seemed to be a third card of larger size than the ones made and signed by
me. I could not be sure that this third card of fingerprints was associated with me,
though it could have been a set of fingerprints I had made at the Atlaata Police
Station back in January or February for a pistol permit which I received. Also in
photographing me the dame man who made the prints changed some of the letters or
numbers on the identification plaque when going from the frontal shot to the pro=
file shot, The two sets of fingerprints which I signed and the chan8e in the plaque
have yet to be cleared up.
If one is bemused by this account of brutality, there was perhaps one contributing
factor heretofore unspoken. I am a construction superintendent on residences and
was dressed in kaiki work clothes and work boots which were not altoghther clean, I
have found that when so attired I am sometimes given the most perfunctory consideration
by store clerks, filling station attendents, and now the police.
My present course of action is this. I do not plan to contest the settlement of the
charges against me nor do I g@lanto file charges of false arrest. I do intend that my
side of the story be clearly brought to the attention of the appropriate superiors.
I want to make it clear also that it was not detective Ferguson who initiated the
fracas but his partner whose name I do not know, The situation in the station house
is a differant matter. I will file formal charges.
For those who must consider this case I say this, The primary responsibility for the
brutality inflicted on me lays with the men who did it and their superiors. These now
are less than men. I believe that the majority of the Atlanta Police Force are men of
basic honesty, integrity, and humanity. To let such unwarranted brutality by their
fellows go unchallenged would be a disservice to their values which must be constantly
striven forin a viscious world. I know too that the same officers who assulted me
risk their lives every day in the line of duty.
Thereis another source of evil here only slightly less in magnitude, Men, whether rich
or poor must stand accountable for their actions and when they do not, then they are the
worst. But here we are also faced with a pdlice department, a city administration, a
city power structure, a bar association, newspapers, television stations, a citizenry
that expect men to continuously risk their lives in defense of their great property for
a minimum of pay.
Until these matters are effectively faced, the people will not be safe from criminals in
He a Oe fm ge Se
ee (LE-< f/ a \ pert ot GA: Signed: a oe - :
YC C+ tet A oie ‘fe 3 i foe “tf had date a * ee & fs
Ce PII CV? e Pte Cnn, ere
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