The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-12-01
Defense SmasheS
Thru Perjuries OF
the Prosecution
Charge Is Whitewsf1
of State Witness,
Victoria Price
By JOHN L. SPIVAK
Special Correspondent 81
Daily Worker

DECATUR, Ala, Nov. 3d.
With a pious word of thank
fulness, you have the bless
sings that the Almighty God
gave u.s." Circuit Judge w. W.
C.Speed'0 Callahan at 3:o2 pm,
sent the Jury to deliberate the fate
OF Haywood Patterson. who has been
rushed through his third trial for
life in the Morgan County Court
House here.
Two minutes after the jury had
been locked mp, Callahan ordered
International Labor Defense law
yers TO begin picking jurors for the
trial of Clarence Norris, second Of
the Scottsborc boys.
Callahan Is determined to end
the Norris trial by Saturday night.
Judges Chargs
Callahan began his hour and-a-talf
charge to the jury in cold, hard
voice that rang loudly through the
silenced court room. No one was
alloTed in while he talked. Only
messenger boys rushing with news
paper copy were permitted to enter
the room.
At the end OF his charge he told
the jury to go into the room and
deliberate, without having mentioned
a single word about acquittal. Both
Leibowitz and knight rushed to the
bench and whispered to him, whereby
he stared in surprise at them and
resumed charging the jury, adding
casually that If in the event that
the evidence does not substantiate the
charges, it was their duty to acquit,
Just before he concluded he gave
the jury strong hint that IL could
find Patterson guilty and give him
a penitentiary sentence Of from ten.
years 10 life.
Callahan read the charge from c
prepared paper. The whole charge
was filled with legal phraseology,
which it is very doubtful, the jury of
farmers could understand. He then
ordered them TO retire to the jury
loom, which is the room used by the
defense for It's witnesses. It was
1902 p. m.
The court stressed in its charge that
eff fear of force were present, rape
is es 'ablishcd. even though the wor1-
an did not fight for her honor or
her life"
THE attitude of the defendants
social and racial defenses should be
weighed by you," he cautioned. Even
If Victoria Prive made no effort to
resist and penetration occurred, it is
rape. 1t doesn't matter If she con-
sented."
THE Law says" he added, THAT
when the woman is white woman,
it is strong presumption that she
did not yield voluntarily to Negro
II holds true no matter how despised
the woman may be.
1t is also a principle Of law involved
that any person that advises or en-.
courages in the violation Of the Law
is Just as guilty as the person who
actually violates the law. The pun
iShment is the same.
THE evidence Of Victoria Prizes Is
enough if you think 1t is corroborated
by Orville Gilley."
Attorney General Knight grinned
and looked very pleased.
callahan said nothing about his
refusal to adjourn the court in order
to get Ruby Bates prerogatories,
which arrived this morning at 81.
The court then stressed that the
States failure to call certain witness
es must not be considered. GAN you
have to consider is what the witnesses
who appeared here before you tes-
titled"
The court continued:
"You should look at the witnesses
countenance. God almighty has put
them there and it is there If you
Continued from Prss 1,