with Jehovah's Witnesses. When asked whether she bad instructions from any superior officer ". . . not to let Jehovah's Witnesses have commodities unless they saluted the flag," Mrs. Cooper replied: "No cult was named. They were sworn by affidavits that you wouldn't receive any unless they were a loyal American citizen." There was the further question:—"Did you receive instructions that you would have the right to require anybody to salute the flag before you would give the commodities out?" Answer:—"It might be that I overstepped in asking him to salute. We were sworn not to give to anyone who wasn't a loyal American citizen. I think saluting the flag comes under being a loyal American citizen."
The situation seems to have been this: Mrs. Cooper had certain beliefs regarding loyalty. Saluting the flag was evidence of patriotism. The jury, without objection, was permitted to be told what this witness thought Act 64 applied to, as distinguished from the court's instructions regarding the law; and she assumed the burden of dissipating or confirming the disquieting stories gossip had conveyed. According to Mrs. Cooper, she said to appellant:—"To quiet the rumor, there is the flag: let's see you salute it." Appellant is alleged to have asserted he would die before complying. To other welfare clients, appellant is charged with having said: "You can't get anything here unless you salute the flag. It doesn't have eyes, and can't see; it doesn't have ears, and can't hear; it has no mouth, and can't talk : it doesn't mean anything to me, it is only a rag."[1]
A question asked on direct examination was:—"Tell the jury, if you can, what his demeanor and tone of voice were." Answer:—"Just as though he were delivering an oration."[2]
- ↑ In making the so-called speech, appellant stood in the doorway, or near it, ". . . over which the flag hung."
- ↑ Ogle Horton, WPA commissary clerk, testified appellant's words were:—"Gentlemen, you can't get your commodities unless you salute this flag. It is nothing but a piece of rag. I don't believe in anything: I don't believe, in any kind of church." On cross-examination the witness added that appellant said:—"I don't believe in any church, and I thank God for that. . . . He made those assertions in very harsh words."
