The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1926-05-15
DEFENSE SEEKS
ACQUITTAL OF
HENRY SWEET
Chawke Shows Right of
Negro to Self-Defense

seeking a verdict of not guilty.
Thomas Chawke, a Negro lawyer de-
Tending Henry Sweet, in most elo-
quent and able plea, attacked race
hatred and showed the right of Henry
Sweet and 10 co-defendants to defend
themselves from a mob bent on lynch
ing them.
With the opening of court FIVE mo-
tions were presented by the defense.
among which were:
That all testimony except the proof
OF death be stricken from the records
because the state failed to prove that
a conspiracy had been entered into by
Sweet and others to kill Bremen and
that no proof had been shown that
Sweet fred the shot that killed him.
That the court direct verdict of
not guilty.
That the jury be instructed not TO
consider charges of first degree muir
der, second degree murder or man
slaughter.
State Evades Race Issue.
Lester Mol, assistant prosecuting
attorney, opened the arguments for
the state and attempted to convince
the jury that the main issue In the
Sweet case was not the race question.
but rather one based on the technical
guilt or innocence of Henry Sweet,
according to his indictment for homi
eide.
He said: cit Is the contention of
the state that Henry Sweet either
fired the shot that killed Breiner or
aided and abetted the one who did fire
the shot. Much has been said of
mans rights, but 1 wish to say that
any mans most sacred right is the
right to live
Mol sought to create a sentimental
reaction to the death of Leon Bremen
and thus railroad the young Negro to
jail.
Raps Race Hatreds.
The argument Of Mol and of the
state was torn to shreds by Thomas
Chawke, who opened the battle for
the defense. Chawke painted a word
picture that held the entire courtroom
in complete silence. He pointed out
the prejudice of race against. race,
the right of a man to defend his home,
the constitutional right of every man,
regardless of his color, and the right
of DR.. Sweet and his IL co-defendants
to the only fair verdict that could
come from the jury-"not guiltyl"
In answering the charge of the state
that this case did not involve the
race issue, Chawke said that he knew,
the jury knew, the state knew, and
everybody knew full well that if con-
ditions had been reversed, if IL white
men were on the inside of the attacked
premises, had defended themselves as
the Sweets and their friends had done,
there would be no trial.
Witnesses Commit Perjury.
Chawke brought to light testimony
which showed how the police and the
witnesses who had testified for the
state were influenced by narrow preju-
dices and economic interests and had
committed perjury.
Chawke showed how three of the
defense witnesses, who were white
men and having nothing to gain from
the guilt or innocence of the Sweets,
gave testimony to prove that there
was mob threatening the life and
property of DIR. Sweet and justified the
mental state which lead them to shoot
in self-defense.
Police Blamed for Murder.
He brought to light the inconsist-
ency, the conflicts, the contradictions
Of witnesses and intimated the gross
negligence Of the police who were
present in the execution of their duty
towards the Sweets. He even stated
that this negligence was responsible
for the shooting.
He said: 81 believe that the officers
Of the law were in sympathy that
night with the crowd and that is
demonstrated by the evidence in the
case"
Flags Falsehoods.
Chawke said that he had practiced
in law courts for fourteen years and
"never before had / seen so much
falsehood in any case as in this case"
Then, turning to the jury, he declared:
when these witnesses said that they
didn't know who spoke at the Water
works Improvement Association; that
they didn't know IL there were people
on the school grounds; that they
didn't know why they, Joined the
Waterworks Improvement Associa-
ton: that only so people were present
or that they didn't see any crowd
there; that no stones were thrown
they were not speaking the truth"
Right Of self-Defense.
He asked the jury n they expected
the Sweets to wait until the mob had
swept upon them and killed them be-
fore they acted in defense.
Clarence barrow is expected to
make plea for Henry Sweet to a
crowded courtroom OF interested peo-
pie OF both races. There have been
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