Page:Johnson v. State.pdf/3

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478
Johnson v. State
[204

And I says, 'It is also rumored that you don't believe in saluting the flag. Is there anything in that?' And I didn't demand. I asked him—merely requested him. I says, 'just to quiet the rumor, salute that flag.' And he said he would die before he would, and turned to the people there and says, 'You can't get anything here unless you salute the flag. It don't have eyes and can't see, and has no ears and can't bear, and no mouth and can't talk,' and says, 'It doesn't mean anything to me. It is only a rag.' And I says, 'You can't talk that way here.' And he kept on talking, and I first told him I would call one of the boys and ask him to be put out, but he left. . . . He was addressing the other people who were waiting for commodities. . . . When I asked him—I didn't demand, but I asked him—he turned and walked directly under the flag, and was facing the people outside. . . . I don't know whether he touched it or not, but his hand was in touching distance of the flag, and he reached toward the flag. . . . It wasn't any higher than his head. . . . I know who was in the commissary. I was angry, and I couldn't say who was there at the time."

Ogle Horton testified (quoting from appellant's reply brief): "I didn't understand all the conversation. He got under the flag and reached up and got hold of it and says, 'It don't mean anything to me. It's got no eyes and can't see, no ears and can't bear, no mouth and can't speak."

Appellant testified: "The Bible says not to bow to anything up in the Heaven or on the earth or in the earth, or anywhere. We are supposed to bow to God and God only. . . . It says in the Bible not to even salute your friend, but to call him by name, says, 'Claim thy friend by name.'" It was his conviction that to salute the, flag or any other like emblem would be contrary to the Bible. He did not show disrespect for the flag. "I believe in everything it stands for." He denied that he had spoken disrespectfully of the flag or had exhibited contempt for it in any manner.