Evening star., 1933-12-01

his omission, and the jury was held a
lou Mlnulg longer.
Prsyiogsly JUDGE Callahan had e,si, sd,
be convinced beyond ressonabie
doubt Of the guilt Of Patterson before
convicting him. In continuing his
charge, he reiterated his caution as TO
q reasonable doubt" and added, "if
there isn't sufficient evidence to convict,
then 1t is your duty to acquit."
In the event Of a verdict Of guilty.
fix the punishment at death, or from
10 years Imprisonment to life.
Convicted Twice Before.
Patterson twice before has been
sentenced to death. He Is accused, with
his co-defendants, of attacking Mrs.
Victoria Price and her companion, Ruby
Bates, mill workers. aboard Southern
Railway freight train In Jackson Coun-
ty on March IS. 1881. The case was
brought here on change Of venue
after the United States Supreme Court
had set aside the death sentences. The
present trial has been in progress four
days.
In closing arguments Of counsel yes
terday there was a furry when Lei
bowitz objected to statements Of At
torney General Thomas e. Knight. jr..
as an appeal to passion and prejudice," :"
issues which have been q source Of con-
tention at previous trials
1T Is . passion" Knight retorted.
We all have passion to protect the
womanhood of Alabama"
Meanwhile, as the jury deliberated
Patterson's fate. another jury was being
qualified to hear the case Of Clarence
Norris, second OF the colored men, to
face trial on the attack charges.
Says Case Stands Alone.
1T is no concern Of yours or mine Of
what has happened or what may hap
pen to any Of the other defendants,
said Judge Callahan in his charge. re-
ferring indirectly to the previous trials
THE crime Is complete when q wom-
an Is made to submit through fear,
violence or other circumstances.
The jurist. reading from a prepared
charge. said violence was not neces-
sarily physical. but would include
mental force also.
1T was force" he said, III the de-
fendant forced this prosecutrix through
fear Of bodily harm or her life
Judge Callahan pointed out that the
defendant made complete denial.
Where the prosecutrix Is q white
woman, the judge said. the law strong
ly presumes that she did not yield
voluntarily.
Woman's Status Irrelevant.
The station IN life Of the woman, he
said, had nothing to do with the
crime. as the law protected the woman
Of the streets as well as the member
Of prominent family who lives In
luxury.
1.-The defendant is clothed in the
presumption of innocence" the Judge
said, until the evidence convinces you
beyond the shadow Of a doubt"
Two principal points to be deter.
mined, the judge said, are, FIRST, te
establish that the crime had been
committed. then the next point Is
| whether the defendant committed it.
Gentlemen. suspicion is not evi.
dence, Judge Callahan said, " Il
not proof His guilt cannot be estab-
lished on suspicion, nor can his defense
be bOktered with H." Y
DepIores Race Element
Further in his charge he said
''somethine has been said In argu.
naents about this defendant being I
SeS yoa let tiias enter G a-ea info You 11
| consideration. No man Is worthy Il
be In the jury box who would decid,
| on such grounds.
Before the law of Alabama ant
| this Nation, men stand on equal right
so far as the law is concerned
Wherever the law fails. the govern
ment falls