Means of Ascent
Page 78
“Well, I’ll just go”: Stevenson, quoted in Dugger, p. 330; Boyett, Stevenson, Jr., interviews.
Hamer biography: Jenkins and Frost, I’m Frank Hamer, p. 42; Kahl, Ballot Box 13, pp. 118–28; Webb, The Texas Rangers, pp. 519–46. “Stern and unremitting”: Kahl, p. 119. “Yes, sir!”: Jenkins and Frost, p. 42; Webb, p. 527. “Calmly observed”: The description of this incident is from Kahl, p. 119. “Most fearless”: Webb, quoted in Jenkins and Frost, p. 281. “It’s embarrassing”: Jenkins and Frost, p. 79. “Hate to bust a cap”: Rowe, “Mesquite Pendergast,” p. 29. Dock strike: Jenkins and Frost, p. 262; Kahl, p. 120.
Scene in Alice: Described in Jenkins and Frost, p. 277; article in San Antonio Express-News, Aug. 7, 1977, based on interviews with, among others, Dibrell and Gardner; and in detail by Clyde Wantland, a writer close to Stevenson and his aides, in Texas Argus, Spring, 1964. Also see Dugger, pp. 330, 457, and Rowe, “Mesquite Pendergast,” pp. 29, 30. Dibrell, quoted in Miller, p. 128; Dibrell, Lloyd, Rowe, Salas, Stevenson, Jr., interviews. Some of these descriptions differ from each other in some details. “He appeared to be”: Dibrell, quoted in Miller, p. 128. “I was being deprived”: Stevenson, quoted in Kahl, p. 131. “Like a glacier”: Rowe interview.
Scene at bank: Brownlee, DC Hearing transcript, pp. 14–16; Gardner, DC Hearing transcript, pp. 41–45; Dibrell, quoted in Rowe, “Mesquite Pendergast,” pp. 29–30; Dibrell, Rowe interviews. Same ink; same handwriting; alphabetical order: Adams, DC Hearing transcript, p. 10; Brownlee, DC Hearing transcript, pp. 15–16; Gardner, DC Hearing transcript, pp. 32–33; Groce, DC Hearing transcript, p. 45; Dibrell, Rowe, Salas interviews; Graham OH; Dibrell, quoted in Rowe, “Mesquite Pendergast,” pp. 29–31. In a speech later on, Groce, Stevenson’s attorney, said: “According to the sworn testimony of witnesses, the names of the first 841 voters on the list were written in black ink, but the remainder were written in blue ink.…”He also said, “Most of the names on the poll list … run in alphabetical order after voter 841.” Dibrell told Rowe he, too, had seen the poll list at the bank, and had seen that “the last 200 names” were in alphabetical order. “Also, the last 200 names were made with the same colored ink and in the same handwriting, whereas the earlier names in the poll list which had been kept on election day were written by different individuals and in different colored ink.” Changing the 7 to a 9: Gardner, DC Hearing transcript, pp. 42, 43, 44.
“People live longer”: Dibrell, quoted in San Antonio Express-News. Soliz affidavit: DC Hearing transcript, p. 34. Cerda not in Jim Wells County: Cerda, DC Hearing transcript, pp. 27–30. Three “voters” dead: Lynch, p. 57; Kahl, p. 174. An article in the San Antonio Express-News, Aug. 7, 1977, based on interviews with, among others, Dibrell and Gardner, states that the two attorneys “also discovered the names of three people on the list who had been permanent residents in a city cemetery for many years.” Dibrell, in an interview, confirms that three “dead” voters were found on the list at the time of that first, hurried inspection.
“A small army”; Stevenson’s affidavit: CCC-T, Sept. H. Meeting of the Jim Wells Democratic Executive Committee; “I am confident”: DMN, Sept. 12. Committee’s resolution: Copy signed by H. L. Poole and Adams, Sept. 9, to Vann M. Kennedy; HC, Sept. 9; CCC, Sept. 11. It is “expected”: AA-S, Sept. 11.
“With proof”: Stevenson, quoted in CCC-T, Sept. 13. “SENATE RACE”: HP, Sept. 10. “SPOTLIGHT TURNS”: CCC-T, Sept. 14. “Voting Precinct 13”: CCC-T, Sept. 11. “All of a sudden”: Rowe interview. “The Duke Delivers”: Time, Sept. 27. “200 VOTES GIVEN”: HC, Sept. 9.
Democratic Convention; Influence of national politics: Stuart Long, quoted in Miller, p. 130. Dugger, pp. 332–33; Banks, pp. 92–93; Calvert, pp. 120–29; Kahl, pp. 137–56; Miller, pp. 129–30; AA-S, FWS-T, DMN, DT-H, HP, HC, Sept. 12–16; State Observer, Sept.–Oct.; Clark, Connally, Boyett, Kennedy, Jenkins, Oltorf, Brown interviews; Groce, Calvert, Kennedy, Pickle OHs.
“Johnson was interested”: Eckhardt, quoted in Dugger, p. 333. “Connived”: Eckhardt, quoted in Robert Sherrill, “Texan vs. Big Oil,” NYT Magazine, Oct. 12, 1980.
“Strangely silent”: Johnson, quoted in DMN, Sept. 7. Dallas changes: DMN, Aug. 29-Sept. 5, Sept. 14; Kahl, p. 108. “Corrected that error”: DMN, Sept. 5. And see Dugger, p. 459. Voting patterns in three big cities: DMN, FWS-T, HP, HC, Aug. 29–30; State Observer, Sept. 13. River Oaks Box: State Observer, Sept. 13. Brown County contest: DMN, Sept. 2; Kahl, p. 108. Kenedy County vote; No comparison: Texas Almanac, p. 474.
“Home turf”; “Loyal supporter”: Lynch, p. 63. Johnson’s affidavit: AA-S, DMN, CCC-T, Sept. 12. Archer’s order: Telegram, Helen Sellers, Clerk of the District Court of Travis County, to M. L. Adams, undated, in author’s possession. “Amazed and angered”: Kahl, pp. 130–31. An “obvious attempt”: Stevenson, quoted in DMN, Sept. 12. And see Small, quoted in CCC-T, Sept. 15. “Even if it was stolen”: Adams, quoted in Dugger, p. 331. “Of course”: Poole, quoted in DMN, Sept. 12. Poole also said that he was convinced the returns from Box 13 were fraudulent. Poole expressed his outrage at Archer’s order, however, likening political conditions in the Valley to those in Russia, asking “help from the citizens of Texas who live outside the Iron Curtain to give us back our franchise.” He said, “I am confident there are more than 200 people shown as voting who did not vote. I helped gather the evidence and obtain affidavits from more than 200 such people.” Other members of the committee felt that if they were prevented from investigating the results themselves, they should ask the United States Senate to do so (CCC-T, HP, Sept. 13). Not until Monday morning: Broeter, quoted in DMN, Sept. 12.
“By custom”: DMN, Sept. 14. Poll of executive committee; “We were behind”: Clark, Connally interviews. Confident front: FWS-T, State Observer, Sept. 13. “Comfortable majority”: State Observer, Sept. 13. “Just one vote”: Clark interview. “Wild”: Brown interview. “Frantic, but orderly”: Connally interview. Clark and Ramsey; “Herman Brown”: Oltorf interview. Sending plane for three members: Groce OH. “The longest night”: Clark interview.
Sneed’s proxy: FWS-T, HC, Sept. 13; DMN, Sept. 14. Johnson and Stevenson in ballroom: FWS-T, Sept. 13.
“Canvassing subcommittee”: For descriptions of the meetings and votes of the canvassing subcommittee, the full executive committee and the full convention, see note above, “Democratic Convention.”
Hearing in Alice: Matthews, pp. 101–8; Rowe, Jones, Weatherly interviews. CCC-T, Brownsville Herald, Sept. 14. Tarleton stalling: Matthews, p. 106. Weatherly says, “You could tell Dudley was just stalling for time, and was waiting for something.” “Of which courts”: Texas Jurisprudence, quoted in Matthews, p. 105. “No parallel”: Matthews, quoted in Kahl, p. 138; FWS-T, Sept. 13. Parr’s arrival in court: CCC-T, Sept. 14; Matthews, p. 104; Rowe interview. “Stopped short”: CCC-T, Sept. 14. “Too late”: Matthews, quoted in HP, Sept. 14. “I am not saying”; wouldn’t interfere: Broeter, quoted in CCC-T, Sept. 14. “In the face of the power”: Matthews, p. 106.
Canvassing subcommittee; Executive committee meetings: See note above, “Democratic Convention.” “Question of the correct”: Albert Sidney Johnston, quoted in DMN, Sept. 14. “Would be violating”: Francis, quoted in DMN, Sept. 14. “A tie”: Clark interview. “The whole atmosphere”: Calvert. “The issue”: Small, quoted in DMN, HP, Sept. 14. Cofer, Francis arguments: FWS-T, Sept. 14.
“I believed”; “Announce the results now”: Mrs. Darbrandt; Johnson, quoted in FWS-T, Sept. 14. Finding Gibson: Connally interview. And see FWS-T, HP, Sept. 14.
Deal consummated: AA-S, Sept. 12–13; CCC-T, FWS-T, Sept. 14, 15; State Observer, Sept. 20; Long, quoted in Miller, p. 130; Dugger, pp. 332–33.
“AS TARRANT GOES”: HP, Sept. 15. “Helped us”: Eckhardt, quoted in Sherrill, “Texan vs. Big Oil,” NYT Magazine, Oct. 12, 1980. “A merry”; “It’s stacked”: Small, quoted in AA-S, Sept. 15. “Under the table”: DMN, Sept. 15; Kahl, p. 154. “This is the moment”: The description of Johnson’s moment of triumph is fr
om AA-S, DMN, FWS-T, HP, Sept. 15. “To look on”: Johnson aides, quoted in FWS-T, Sept. 16, “A field day”: HP, Sept. 15.
15. Qualities of Leadership
SOURCES
There are some 1,040 pages of court testimony, and I read them first. I supplemented this by interviews. Not many of the lawyers for the two sides are alive, but I talked to those who were—Gerald Weatherly, Thomas G. Corcoran, Luther E. Jones, Frank B. Lloyd, James H. Rowe, Jr., Abe Fortas. I also spoke to the law partners of two of the lawyers most intimately involved. Edward A. Clark, partner of Everett Looney, was a key strategist in the Johnson campaign; although he did not appear in court, he participated in the meetings, some of them in his home, on the court strategy. Emmett Shelton was not only the partner but the brother of Polk Shelton, Judge Raymond’s lawyer, and was himself intimately familiar with the cases. Clark and Shelton were also helpful to me in understanding the legal strategies involved. I also interviewed the only two Johnson aides to sit in—as notetakers—on these sessions: Mary Rather and Walter Jenkins. I interviewed the single most important witness in the case, Luis Salas, and also relied on his manuscript, “Box 13.”
Although most of the oral histories taken by the Johnson Library from persons involved are self-serving, the oral history of William Robert Smith, the court-appointed Master in Chancery who presided over the hearing in Alice, Texas, is extremely valuable, because it provides his opinion of the case—an opinion he never wrote.
Among other sources were articles in the various newspapers that covered the hearings, not only the AA-S, DMN, HP and HC, but the CCC-T, the Brownsville Herald and the Valley Evening Monitor.
Books, articles and documents:
Dugger, The Politician; Evans and Novak, Lyndon B. Johnson: The Exercise of Power, Kahl, Ballot Box 13; Lynch, The Duke of Duval; Matthews, San Antonio Lawyer; Miller, Lyndon; Murphey, Fortas; Sherrill, A Question of Judgment; Steinberg, Sam Johnson’s Boy.
Ronnie Dugger, “Two Cheers for the FBI—Up and at ’Em on Box 13,” Texas Observer, Sept. 23, 1977. Abe Fortas, “The President, the Congress, and the Public: The Lyndon B. Johnson Presidency,” in Kenneth Thompson, ed., The Virginia Papers on the Presidency, Vol. X, Lanham, Md., 1982; Marshall McNeil, “How Fortas Gave LBJ His Senatorial Start,” Washington Daily News, Aug. 3, 1965.
James M. Rowe, “The Mesquite Pendergast: George B. Parr—Second Duke of Duval” (unpublished manuscript), Ingleside, Tex., 1959–60.
Papers of Luther E. Jones.
Papers of Hugo Black.
Oral Histories:
Abe Fortas, Callan Graham, Josh H. Groce, Luther E. Jones, Stanley Marcus, Paul A. Porter, James H. Rowe, Jr., William Robert Smith.
Interviews:
Ernest Boyett, Kellis Dibrell, Lewis T. (“Tex”) Easley, Abe Fortas, Walter Jenkins, L. E. Jones, Robert W. Murphey, Mary Rather, James M. Rowe, Luis Salas, Coke Stevenson, Jr., Gerald L. Weatherly.
NOTES
(All dates 1948 unless otherwise indicated)
Stevenson’s feelings: Boyett, Murphey, Stevenson, Jr., interviews; Graham OH. “That whole week”: Graham OH. Attorneys told him: Boyett, Weatherly interviews; Stevenson, quoted in Dugger, p. 334; Kahl, p. 156. “Just couldn’t”: Murphey interview. “Fight right on”: Bolton interview. Decision to ask for injunction: Graham, Groce OHs; Boyett interview. Picking a judge: Groce OH.
Renfro’s trip: CCC-T, DMN, Sept. 16; Groce OH.
Judge Davidson’s hearing: The basis for my description of this hearing is the transcript of it: Stevenson v. Tyson, Johnson et al., Civil No. 1640, United States District Court, Northern District, Texas, Fort Worth, Sept. 21–22, 1948 (Davidson, District Judge). This will be referred to hereafter as “DC Hearing transcript.” (Tom Tyson was chairman of the State Democratic Convention; Stevenson’s attorneys had named him and other Democratic officials as co-defendants, to prevent them from certifying Johnson as the party’s nominee.) Also AA-S, Brownsville Herald, CCC-T, DMN, FWS-T, HP, HC, Sept. 21–24; Jones, Weatherly interviews. “Now, gentlemen”: Davidson, DC Hearing transcript, Sept. 21, p. 3. Fraud in Zapata and Duval as well: Moody, DC Hearing transcript, Sept. 21, pp. 5, 10, 11. “Stuffed”: Moody, DC Hearing transcript, Sept. 21, p. 4. Crooker’s arguments: DC Hearing transcript, Sept. 21, pp. 17–38. “Fatally defective”: Crooker, DC Hearing transcript, Sept. 21, p. 32. “All of the irregularities”: Crooker, DC Hearing transcript, Sept. 21, pp. 32, 33. But not in this court: Crooker, DC Hearing transcript, Sept. 21, pp. 25, 26. “They now seek”: Crooker, DC Hearing transcript, Sept. 21, p. 26. “Solely”: Crooker, DC Hearing transcript, Sept. 21, p. 17. “No jurisdiction”: Crooker, DC Hearing transcript, Sept. 21, pp. 18, 27. “Under cover”: Moody, DC Hearing transcript, Sept. 21, p. 13. “The Constitution provides”: Moody, DC Hearing transcript, pp. 13, 14. For a slightly different version of Moody’s statement, see AA-S and CCC-T, Sept. 22.
“The court wants to say”: Davidson, DC Hearing transcript, Sept. 21, p. 40. “Public sentiment”: Davidson, quoted in AA-S, CCC-T, Sept. 22.
“Sure I’m for it”: Stevenson, quoted in CCC-T, Sept. 22. “No comment”: Johnson, quoted in HC, Sept. 21; AA-S, Sept. 22.
Johnson’s conference with his attorneys: Jones interview.
“I received”: Johnson statement, quoted in CCC-T, Sept. 22. “Fight to the political death”: Steinberg, p. 267. “They would rather”: Cofer, quoted in HC, Sept. 22; DMN, Sept. 23. “It was the defendant Johnson”: Moody, quoted in Kahl, p. 171.
Concealment of poll list: Adams, DC Hearing transcript, Sept. 22, pp. 6–8; Brownlee, DC Hearing transcript, Sept. 22, pp. 14–15. “Mr. Adams, did you notice”: Groce, DC Hearing transcript, Sept. 22, p. 10. “I call to Your Honor’s attention”: Groce, DC Hearing transcript, Sept. 22, p. 45.
7 changed to a 9: Gardner, DC Hearing transcript, Sept. 22, p. 44.
Cerda testimony: DC Hearing transcript, Sept. 22, pp. 27–30. Salinas testimony: DC Hearing transcript, Sept. 22, p. 26. Martinez testimony: DC Hearing transcript, Sept. 22, pp. 23–25. Herrerra affidavit: DC Hearing transcript, Sept. 22, pp. 39–40. Soliz affidavit: DC Hearing transcript, Sept. 22, pp. 33–37. Gardner’s testimony about Soliz affidavit: DC Hearing transcript, Sept. 22, pp. 38–39.
“Luis Salas brought the returns in”: Price, DC Hearing transcript, Sept. 22, pp. 30–31. For more detail, see Price testimony in Master’s Hearing, Alice, transcript, pp. 212, 228–49.
Witnesses from Zapata: Natividad Porras, Luvovico E. Vela, and there was also testimony from Truman Phelps, who had begun an investigation of the Zapata returns at Stevenson’s request. Their testimony is in DC Hearing transcript, Sept. 22, pp. 45–57. Fraud “upon their face”: Moody, DC Hearing transcript, Sept. 21, p. 5. “Sufficient illegal votes”; “loaded”: Moody, DC Hearing transcript, Sept. 22, p. 62.
“Even glummer than”: Steinberg, p. 268. Encounter in the corridor: Dugger, p. 334.
If the “allegations be true”: “Court’s Pronouncement on Motion to Dismiss,” DC Hearing transcript, Sept. 22, pp. 2–6. “Text of Judge Davidson’s Opinion Denying Johnson’s Dismissal Plea,” FWS-T, Sept. 23; Steinberg, p. 268. Davidson’s ruling also throws some light on Johnson’s later contention, made over many years, that Davidson was biased against him. While preparing to make his ruling, the judge commented (p. 2), after noting that Johnson attorney John Cofer was a longtime friend, “along the same lines, of close ties and friendships, the respondent’s [Johnson’s] father-in-law in this case was one of the first clients to enter my office when I opened my door and for 20 years he remained a continuous client. So if this case is to be decided on friendship, we don’t think the complainant would have very much standing in court, but … real justice is blind, she neither sees her enemies or hears her friends.” Not “one word of evidence”: Davidson, quoted in Banks, p. 93. “It was the right and privilege”: Davidson, DC Hearing transcript, Sept. 22, pp. 72–73. “Throws such a cloud”: Davidson, DC Hearing transcript, Sept. 22, p. 73 “A sound principle”: CCC-T, Sept. 23. “Wh
enever I steal”: Davidson, DC Hearing transcript, Sept. 22, pp. 72–74. Davidson, quoted in CCC-T, Sept. 24.
Appointing Masters in Chancery: Stevenson v. Tyson, Johnson et al., Civil No. 1640, United States District Court, Northern District, Texas, Fort Worth, Exhibit A, Sept. 25. “A preparation for trial”: Davidson, quoted in CCC-T, Sept. 24.
“Unwilling”; “Be glad”: CCC, Sept. 24. See also DMN, Sept. 23, 24. “Not in a position”: CCC, DMN, Sept. 24. “Will proceed”: Davidson, DC Hearing transcript, Sept. 22, p. 77.
“Unique”: AA-S, Sept. 19. Analysis of Johnson’s situation: Boyett, Jones, Weatherly interviews; AA-S, Sept. 19, 20; DMN, Sept. 20; HP, Sept. 19, 20. “We thought”: Boyett interview.
“The greatest”: AA-S, Sept. 20. “In the midst”: AA-S, Sept. 19. “No parallel”: Kahl, p. 161. Crisis facing Johnson: Innumerable analyses of the situation and accounts of the conference of the roomful of attorneys exist, but almost all are based on interviews with lower-level Johnson aides not privy to the actual events, or on other secondhand sources. The account in this book relies on the oral histories of, and my interviews with, the only two attorneys present at the conference still alive when I began my research: Abe Fortas and Luther (“L. E.”) Jones. Their accounts concur on all major points. Mary Rather, present at part of the conference, added some details. Fortas’ pre-1948 relationship with Johnson is described in Caro, Path to Power, pp. 453–65. For a description of Jones’ relationship with Johnson, see Caro, pp. 207–11, 227–40. He was known as the “finest appellate lawyer” in Texas, “the man with probably the finest technical legal knowledge in the state.” See also Miller, pp. 132–33; Murphey, pp. 90–93; Steinberg, p. 271. Fortas briefly discussed the conference in “The President, the Congress, and the Public,” p. 13. Also Porter, Rowe OHs.