Richmond planet., 1923-01-20
HON. MOORFIELD STOREY
SUPPORTS THEIR PLEA
AIIege Torture and Mob
Hatred Against the
Accused.

Washington, Jan. 15.-Litigatior
growing out of the Arkansas riots o!
1919 reached the Supreme Court today
In two cases brought by the National
Association for the Advancement of
Colored People in behalf of Frank
Moore and eleven other Negroes now
under sentence of death on the charge
of having murdered Clinton Lee.
Moorefield Storey, President OF the
association appeared as counsel for the
Negroes while the State was repro
sented by Attorney General Utley.
1t was contended in behalf of the
Negroes that they had assembled in
their church at Hoop Spur to devils
means as tenant farmers to relieve
themselves Of conditions which they
asserted amounteI to peonage While
so assembled the Negroes claimed that
armed white men surrounded :he
church and fired upon them, killing
a number.
On behalf of the State 1t was assert.
ed that the Negroes had assembled in
connection with plot to massacre
white men, and that the firing was
done by a posse sent to quell riot
Jurisdiction of the Supreme Court
to consider the appeals was contested
by the State on the ground that mere
Ell ors in point Of law however serious
committed by criminal court in the
exercise of its jurisdiction over a case
properly subject to its cognizance, can
not be reviewed by habeas corpus"
Numerous questions were asked bv
the justices during presentation of the
cases, their inquiries centering chiefly
on the issue of jurisdiction. Only two
expressions came from the bench, how
ever, indicating the views of the JUS
tices. Justice McReynolds stated in
substance that the arguments present
ed in behalf of the condemned Negroes
disclosed in his opinion, regrettabie
condition Of affairs, but it seemed that
proper action had not been taken by
their counsel to obtain a review of the
cases. Justice Holmes said the situat-
lon appeared to him to be one which
required the Supreme Court. in the in
terest of Justice, to inquire whether
1t was not warranted in taking iurfs.
diction without stopping at technicali.
ties.
Alleged "inhumane' treatment OF
the prisoners in efforts to obtain con.
fessions from them were dwelt upon
by Mr. Storey. Assistant Attorney Gen.
eral Goodwin for the State confined
his argument largely to the legal phas.
es or the case. insisting that counsel
Tor the Negroes had not pursued the
proper course to obtain a review. The
cases he argued, must be thrown out
by the Supreme Court. because not
properly brought before it, Instead of
seeking an appeal by habeas corpus
proceedings, he asserted, the cases
should have been brought up on writs
OF error, tactical mistake which, he
stated could not now be corrected.
The National Association for the All
yancement of Colored People gave out
here last night a review of the brief
presented before the Supreme Court by
Moorfteld Storey, In which he made
charges in connection with the Arkan.
sas riot Of 1919, involving the courts
OF the State OF Arkansas. newspapers,
leading citizens, Rotary Club, Robert
i. Kitchens Post OF the American lie.
gion and other organizations of He
lena. Ark, all of whom he accused OF
having tried to railroad five Negroes
to deaf and using torture to make the
prisoners testify falsely. Mob hysteris.
he said dominated their trial. whicn
is alleged to have been concluded in
less tran an hour.
The cases arose out Of an alleged at
lterdpf. by Negro farmers to organize
nd obtain legal redress against peon-
or debt slavery under the share
bpping system prevalent in Arkan-
las.
The brief criticizes the Supreme
Court OF Arkansas, remarking that for