The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-12-01
Continued from Page y

are expert enough to look for it.
look at the witnesses conduct on
the stand. How does he look, act, by
the way he talks? How he uses his
common sense? What sort of story
does he tell? You have the right
to look at that and weigh it."
"No finger can be pointed at q
woman's erring past or her future
in denying her protection of the
law" the judge said.
Judge Callahan declared:
1.-THE strong presumption under the
law is that the woman in this case
did not and would not yield to the
Negro defendant" the judge said.
"Aiding in the attack is as serious
and punishable as the attack itself.
The conspiracy is as punishable and
each conspirator of the attack is
guilty whether or not he was one to
actually accomplish the act.
"The existence of a conspiracy
must be determined by you jurors
from the party's conduct. The de-
PENDANT must be shown guilty be-
yond a reasonable doubt.
"Two main things to be considered
are that the woman must have been
attacked within the definitions given
in order to determine fest if the
crime was committed and if so, then
the question is whether this defend
ant actually aided and abetted or
conspired in the attack.
"This is a suit not of Victoria
Price against Patterson and other
parties but of the State of Alabama
against Patterson and parties. You
have only Patterson to consider and
it doesn't matter what happens to
the others.
"The offense is complete when the
woman is made to yield through fear
of violence.
"Outside Of certain conditions,
force is an essential element. When
the mind is overpowered by show of
violence or resistance ends because
of physical fear and acquiescence is
thus obtained, the offense is COM
plete.
'The law does not compel the
woman to resort to violence to re-
sist."
Through his wohle charge he per-
sistently used the word 'he" or "his"
instead of she.
When man testifies for himself
he Is an interested Witness" the court
continued, land his testimony must be
considered In the light. The law does
not require that you be satisfied OF
his innocence to an absolute certainty.
The rule is that you must be satisfied
OF his guilt or innocence of a reason
able doubt"
The court concluded his amazing
charge to the jury, by the following
statement:
Before the laws OF Alabama and
our nation, all men stand on equal
lines. He is entitled to and should
receive equal administration OF the
law, no matter what his color or race
is. When the law fails, eventually
government will fail"
There was something in the argu-
mentS about the defendant being a
Negro" Judge Callahan concluded
unconvincingly I'D be ashamed OF
you If that entered into your search
for truth. No man is worthy of being
in the jury box who would reach
verdict on such contemplate
grounds"
The courtroom was damned with
spectators and prospective jurors for
the Clarence Norris trial when Call
lahan ordered the Patterson jury
brought in to hear finishing summa-
lions by General w. w. Chamlee of
Chattanooga, Southern associate de-
Tense cousel, Knight, and his own
charge TO the jury.
The prospective jurors were ordered
to leave the courtroom when CHAM
lee began his summation.
Tall, spare and elderly, Chamlee in
simple, touching language explained
his early connection with the case;
how the boys we're terrified by the
mob when he saw them, how no
lawyers were present to really defend
them, and how not even the Judge
knew who their lawyers we're.
During Chamlee's address Patter-
son leaned forward in his chair eye
ing him with pathetic hopefulness.
The young Negro did not take his
eyes off Chamlee during the whole
hours talk.
Knight followed Immediately TO con-