Evening star., 1932-11-07
Metropolitan and Capitol Po-
lice Arrest 16, Including a.
Women, in Demonstration.
New Trials of 7 Ordered.
COURTS DECISION GIVEN
BY JUSTICE SUTHERLAND
Points Out Need for Counsel in Pre-
serving Right of Litigents and
Prevention of Judicial Murder"
Justices Butler and McReynolds
Dissent.

The Supreme Court today set
aside the death sentences i'm
posed on seven colored men at
ScottSboro, Ala.
The ruling by the court means
that the cases will go back to
Alabama courts for new trial.
The courts decision came an
hour after Capitol and Metro
politan police had driven off the
plaza 100 radical demonstrators by
the use of tear gas and clubs.
Thirteen were arrested following
the fight, in which two policemen
were assaulted.
Victory for Defendants.
In setting aside the death sentence
the highest court upheld the contention
of counsel for the colored men, con-
Wcted of assaulting two white girls, that
they had not had fair trial.
The decision, by Justice Sutherland,
reviewed in detail the charges and the
grounds on which the appeal was taken.
He said it was necessary in deciding
the case to consider only whether the
rights of the men to have counsel was
denied and whether this infringed the
due process clause of the fourteenth
amendment.
Justice Sutherland said that the men,
from the time of their arraignment ts
the beginning of trial. had been sub
Stantiallv denied counsel at a time such
representation was of vital Importance
in properly preserving the rights of the
defendants
He suggested the cases had been
forced to trial without proper prepara-
ton by counsel.
All other grounds for seeking to have
the conviction set aside were passed
over by the justice as of no material
weight.
Cites Need for Counsel.
Justice Sutherland said the question
whether the fourteenth amendment
guaranteed the right of counsel had
not been previously decided by the high
est court. He then pointed out at
length the need of counsel for prepara-
ton of cases to preserve the rights OF
litigants.
He said counsel should actively par
ticipate in such a case 10 pr ent what
might be termed judicial murder
Justices Butler and McReynolds dis
sented from the ma ajority opinion.
Justice Butler in announcing his dis
sent. said the seven had fair trial and
had been given the benefit Of counsel.
He quoted from the decision Of the
Alabama Supreme Court to sustain his
position.
1t must be inferred from the record,
he said, that an able attorney had acted
for the defendants from the beginning.
He insisted the counsel for the defend
ants had been in no way intimidated in
the full discharge of their duty to their
clients.
Justice Butler insisted the evidence
sustained the guilty verdict.
The decision entered State fields never
before touched upon by the highest
court. he said Justice McReynolds
joined in the views of Justice Butler.
Radical Demonstration Staged.
Bearing signs demanding acquittal of
the condemned youths. the demonstra-
tors marched into the Capitol grounds
half an hour before the court was
scheduled to convene.
The object Of the demonstration,
led by avoWed Communists. they eX-
planned. was to induce the tribunal to
reverse the decision of the Scottsboro
court and to announce its verdict today.
The battle. during which 16 demon
strators, including 4 women, were ar
rested. lasted only IS minutes. Ordered
to disband by Inspector Albert J.
Headley when they reached the Sem
ate wing of the Capitol, the demonstra-
tors attacked the police with the ham
dies OF their banners as they were
pushed backward
AS the ranks of the demonstrators
stiffened. policemen swarmed out of the
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