Stanley v. United States, 12969.

• Decision Date: 22 May 1957
• Docket Number: No. 12969.,12969.
• Parties: Jack STANLEY, Thomas A. Warren, Isom Meyers, and Hubert Stanley, Appellants, v. UNITED STATES of America, Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

245 F.2d 427 (1957)

Jack STANLEY, Thomas A. Warren, Isom Meyers, and Hubert Stanley, Appellants, v. UNITED STATES of America, Appellee.

No. 12969.

United States Court of Appeals Sixth Circuit.

May 22, 1957.

COPYRIGHT MATERIAL OMITTED

Lester P. Schoene, Washington, D. C. (Grant Stetter, Washington, D. C., John Y. Brown, Lexington, Ky., on the brief), for appellants.

Henry J. Cook, U. S. Atty., Lexington, Ky. (B. Robert Stivers and Marvin D. Jones, Asst. U. S. Attys., Lexington, Ky., on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

Each of the four appellants was found guilty and sentenced under an indictment in two counts which charged (Count 1) that, prior to March 21, 1955, and up to and including April 6, 1955, appellants conspired to violate Title 18 U.S.C. § 371, and the Federal Train Wreck Act, Title 18 U.S.C. § 1992, and also charged (Count 2) the substantive offense under the same statute.

The case arose in connection with a strike by the Railway Brotherhoods against The Louisville & Nashville Railroad, hereinafter called the L. & N. The strike lasted from March 14, 1955, to May 10, 1955. Each appellant was an employee of long standing with the railroad and each had gone out on strike.

During this period Jack Stanley was vice-chairman of the strike committee for the Cumberland Valley Division of the L. & N., Warren was a picket captain, and Meyers and Hubert Stanley were on picket duty.

The L. & N. operated certain coal trains across the Miracle Bridge from the Harlan coal district in Kentucky to Corbin, Kentucky. Over 90% of the coal was destined for interstate commerce. On the night of April 5th or the early morning of April 6th Miracle Bridge was burned, its underpinning being destroyed.

Four other defendants, Ben Gambrel, Cecil Abner, Eugene Young, and Jim Johnson, jointly charged with appellants with conspiracy and burning the bridge, all pleaded guilty to the indictment. Appellants herein pleaded not guilty, were found guilty and sentenced to five years in the penitentiary on each count, the sentences to run concurrently.

In certain parts of the area covered by the strike the union had no organized picketing. One of these places was at Puckett Creek, Kentucky. About a week after the strike started Meyers recommended to Jack Stanley that Ben Gambrel help in the picketing, saying that he (Meyers) could not cover the Puckett Creek area together with other districts. As a result, on or about March 21st, Gambrel was engaged to help picket with the understanding that the expense of picketing would be paid. On March 25, 1955, Jack Stanley and Hubert Stanley visited Gambrel in Blackmont, Kentucky. Gambrel testified that Jack Stanley said something had to be done to stop the trains. Gambrel complained that he had never been paid and was given $95.00 the next afternoon.

On April 4th Jack Stanley again visited Gambrel. Gambrel testifies that Stanley at that time asked Gambrel to burn a bridge and gave Gambrel $50.00. Stanley denies that anything was said about burning a bridge, but admits that he met Gambrel on this occasion.

Gambrel then asked defendant Jim Johnson to help burn the Miracle Bridge. Johnson refused, but recommended defendants Abner and Young, and drove Gambrel to Wallings Creek, Kentucky, where Abner and Young lived. Gambrel offered them $20.00 each to assist in burning the bridge. Johnson, Abner, and Young testified in substance that Gambrel told Abner and Young that Jack Stanley wanted the bridge burned and the trains stopped, that even if they were put in the river they must be stopped. At 11:00 P.M. April 5th Johnson drove Abner and Young to Miracle Bridge and waited with Gambrel some distance away. After an unsuccessful trial Abner and Young ignited the bridge and were then taken back to Wallings Creek, each one being paid $20.00.

April 6th Jack Stanley was in Louisville. He testified that he went to Louisville on April 5th to borrow money to pay his personal debts, but he told a garage man on April 5th that "he wasn't working and he was worried about the way things was going and he was afraid something would turn up and, if it did, he didn't want to be here."

On April 6th Gambrel went to Middlesboro. Not finding Jack Stanley, Gambrel told Hubert Stanley he had come for money which Jack Stanley owed him. Hubert Stanley talked with the local railroad union officials and was given a union check for $100.00. Hubert in turn gave Gambrel five twenty-dollar bills.

On April 7th, Jim Johnson took Gambrel to Middlesboro to see Jack Stanley. Gambrel testified that in this conference Jack Stanley promised him $600.00, which he would get later. On this occasion Gambrel said that he had a boy burned and needed money to take care of him and that if he got no money the boy's mother would talk. The next day (April 8th) Johnson and Gambrel met Jack and Hubert Stanley and Warren at Clear Creek. At this time Gambrel stated that he had the boy who was burned in a hospital at Mariemont, Ohio. While appellants agreed that money was the subject of the conversation, all denied that they asked how the boy came to be burned. Later Stanley checked the hospital story and found that it was false.

Isom Meyers then told Jack Stanley that Gambrel lied and had Stanley meet Johnson, who said that no more money should be given Gambrel, but that it should be given to the boys in Wallings Creek. Young and Abner each testified that after this Jack Stanley gave them $50.00 apiece.

After the bridge was burned each of the appellants was interviewed by the FBI. Hubert Stanley denied that he knew Gambrel. Isom Meyers denied that he recommended the employment of Gambrel to help in the picketing. Hubert Stanley and Isom Meyers denied having any knowledge of the burning of the bridge until after it had been consummated. Hubert Stanley Meyers and Warren denied that they were present at the conferences described above. However, at the trial all three in general admitted their presence at these meetings. Warren denied throughout that he visited Gambrel with Jack Stanley on April 4th, but Jack Stanley testified that he believed Warren was there. Substantial evidence supports the finding evidently made by the jury that the account given above is in general correct, although controverted as to details.

Appellants contend that the trial court should have directed a verdict in favor of Warren, Meyers, and Hubert Stanley on the ground that it is not shown that any one of them knew of the plan to burn a bridge prior to the burning thereof. It is well established that one who has no knowledge of the object of a conspiracy cannot be a conspirator, for the intent to participate is lacking. Direct Sales Company v. United States, 319 U.S. 703, 63 S.Ct. 1265, 87 L.Ed. 1674. Those who have no knowledge of a plan prior to its completion cannot be guilty of aiding or abetting in the carrying out of the plan. Knowledge on the part of those accused of the object of the conspiracy after the conspiracy is ended and the offense committed is not sufficient. Moreover, evidence of knowledge must be clear and not equivocal.

The testimony as to stopping the trains was given mainly by Ben Gambrel, who stated that about March 25th at a meeting with Jack Stanley, Hubert Stanley and Meyers, Jack Stanley said that "there was four or five trains running" and "there had to be something or other done to stop them trains" and talked "about the bridges." Gambrel also stated that a few nights later Jack Stanley at Jim Johnson's asked Gambrel to burn "the bridge." While Gambrel testified that he had never talked with Hubert Stanley about burning bridges, his exact answer was "Not personally. We would all be together if we did." The evidence showed that this testimony related to a meeting in front of Meyers's house at which Jack Stanley, Hubert Stanley and Meyers were present.

Three of the appellants cooperated in raising money for Gambrel. Warren collected $95.00 for him, to which amount Warren and both Stanleys contributed. Meyers was told by Jack Stanley to drive Gambrel to the Wasiota bridge. Meyers did this and Warren drove to the bridge to give this money to Gambrel.

Jack Stanley made a voluntary written statement which he declared under oath at the trial was entirely correct. This statement is printed in the margin.¹ In it Jack Stanley said that Gambrel told him he "had some plans of his own to stop the train operations. He wanted $300.00 for the job." While Stanley said he did not know what Gambrel's plans were, he admitted going to Gambrel's home on the night of April 4th. Stanley testified that at this time Gambrel told Stanley his plans were in the making and would take place that night. Jack Stanley then drove to Louisville April 5th because he did not want to stay at home and have something "turn up."

Immediately after the bridge was burned Gambrel went to Middlesboro, told Hubert Stanley that Jack Stanley owed him money, and Hubert Stanley borrowed $100.00 to give Gambrel without inquiring, so he says, what the debt was for.

Appellants urge that Gambrel's testimony was completely discredited upon the ground that he was an accomplice, a perjurer, a blackmailer, and a self-confessed liar. They urge that the testimony of Gambrel that Jack Stanley said they had to do something to stop the trains is entitled to no credence and that it was in no way corroborated in the record. Gambrel's statements are important because, if true, they establish that prior to the burning of the bridge Jack Stanley believed that something drastic must be done to stop the running of the trains.

This record shows that Gambrel not only was an inconsistent and evasive witness, but by his own admission lied about the story of the boy being in the hospital and unquestionably used this story to extort money from appellants.

However, Gambrel was employed by Jack Stanley on the...