By DEBBIE BURT MYERS
Managing Editor
Witnesses literally spoke from the grave through transcripts from a 1967 conspiracy case when the triple murder trial of Edgar Ray Killen got under way Friday morning.
A school teacher and officials from the State Attorney General’s office read testimony of now-deceased witnesses from Killen’s 1967 trial which ended with a hung jury.
Those transcripts included the testimony of Wallace Miller, a Meridian police officer and Klansman who is now deceased; Ernest Kirkland, a deceased resident of the Longdale community who befriended the civil rights workers; Earl Robert Poe, a deceased highway patrolman; and deceased jailer Minnie Lee Herring.
Among other witnesses called to testify for the state was a retired FBI agent sent here to investigate the disappearance of civil rights workers Michael Schwerner, James Chaney and Andrew Goodman.
Also taking the stand Friday morning was Nell Miller, wife of Sgt. Wallace Miller. She testified that it wasn’t until after her husband became an informant for the FBI that she became aware he was a member of the Klan in the 1960s. She testified that Killen met privately with her husband in their home on two or three occasions.
She also spoke of death threats and other problems her family experienced because of his involvement with the FBI.
Defense attorney James McIntyre asked Miller if she knew that the FBI paid her husband $5,000 for his testimony in the 1967 case. She said ‘no.’
Assistant Attorney General Lee Martin played the role of Wallace Miller, reading his testimony from the 1967 trial. Miller testified that he was sworn into the Klan by Killen and later recruited members himself. Miller said that he was at a Klan meeting when Michael Schwerner’s name was brought up. Killen, who was in charge of the meeting, told Klansmen to leave Schwerner alone. His elimination has been approved by the Imperial Wizard, Miller quoted Killen as saying.
Miller testified that Killen later told him in his home that the three men had been shot, their bodies buried in a dam and their station wagon burned. Miller also testified that he was banished from the Klan after it was learned that he was an informant.
Under cross examination in 1967, Miller spoke of the Klan oath which he said didn’t include anything about violence or intimidation. He testified that Killen swore him into the Klan.
“At the time I joined, I thought it was a good organization,” Miller said.
Miller was asked by prosecution if he told the FBI where the bodies were buried and if he received a $25,000 reward.
He responded that he didn’t become associated with the FBI until after the bodies were recovered.
“I didn’t tell them because I had so much faith and confidence in the Klan and in Mr. Killen,” he told the court.
Miller testified that he was an informant for over two years and was paid about $2,400 for the work he had done and to cover his expenses.
Keith Millsap, an investigator in the AG’s office, played the role of Kirkland, who befriended the three civil rights workers who came here to help blacks register to vote and to establish Freedom Schools.
Kirkland testified in 1967 that he and other blacks met with Schwerner and Chaney in numerous homes and in Mt. Zion Church. He testified that he talked with Schwerner, Goodman and Chaney on June 21, 1964, when they came to Neshoba County after the church burned.
He described the clothes they were wearing and said they left in a 1963 blue Ford station wagon.
The defense asked Kirkland if the three men advocated the boycotting of stores.
No, he replied.
Do you know whether or not Michael Schwerner was an Atheist? he was asked.
I don’t know, he responded.
Assistant AG Martin returned to the stand to play the role of Poe.
Poe testified that he and patrolman Harry Wiggs were present when Deputy Sheriff Cecil Price stopped the three civil rights workers on June 21 at the intersection of Beacon and Main streets. Poe said Price told him he was arresting Chaney for speeding and the two others in connection with the church burning. He said the men were jailed between 3:30 and 4 p.m.
On cross examination Poe identified a traffic ticket charging Chaney with speeding.
The final transcript testimony was that of Herring which was read by Julia Cole, a tribal school teacher.
In the 1967 case Herring testified that she was at the jail when Price brought the three civil rights workers in about 4 p.m. She said they were released about 10:30 p.m. after Chaney borrowed $20 from Schwerner to pay his fine.
The defense did not cross-examine Herring.
The final witness of the morning was Dean Lytle of St. Louis, Mo. Lytle worked as an FBI agent in the 1960s and was sent to Neshoba County to investigate the men’s disappearance. Lytle, 71, testified about finding the men’s burned station wagon in the Bogue Chitto Creek, identifying pictures which were shown to the jury.
Defense attorney McIntyre asked Lytle, who did not testify in 1967, if he was basing his testimony on notes or his memory.
Basically from memory, Lytle responded.
“That was a memorable time and I was a young, impressionable man at the time,” he said.
McIntyre questioned Lytle extensively about the FBI’s use of paid informants and at one point asked Lytle if he ever paid witnesses. His response was no.
Did you ever interview Mr. Killen, McIntyre asked. Lytle said he did not but that he had heard his name during the investigation.
On redirect, District Attorney Mark Duncan asked Lytle to describe the atmosphere in Neshoba County during his time here.
“People were hostile to us. They were unhappy we were here. I can’t recall anybody furnishing us with useful information. If they knew, they didn’t tell.”
Lytle said the FBI joined local and state law enforcement for a meeting in the courthouse to discuss the investigation and when they left about 10 p.m. the square was filled with people.
“People were shoulder to shoulder, very hostile,” he said. People weren’t going to talk for fear they could be the next person harmed, he said.
