The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-01-20
SEND NEGRO TO
CHAIN DEATH
|. L. d. Calls for Mass
Protest
CONTINUED FROM PAGE oND

is clearly shown in admissions even
in the Atlanta boss press, which car
ries such headlines as Death Pen
atty Asked for Red in Atlanta Sedi-
ton Trial-Man Accused of Agitating
Jobless" 1t is wildly shown also
in the contention of the State Pros
ecutor, Assistant Solicitor John Hud-
son that Herndon's possession OF
Communist literature regularly sent
through the U. S. mails was "sedi-
tious" and an attempt to overthrow
the government-the robber rule OF
the white capitalists and landlords,
Hudson stressed the fact that this
literature advocated unconditional
equal rights for the oppressed 8sgro
nationality and the right of self
determination for the Black Belt
where Negroes constitute the major
ity of the population.
Stamp this thing out now with a
conviction" was the States closing
plea to the all-white jury, which had
been carefully hand-picked in adj
vance to permit the exclusion not
only of Negroes but of militant class
conscious white workers.
Stressed Rights of Oppressed.
Joseph H. Greer and Benjamin
Davis, Jr., prominent Negro attor-
neys engaged by the International
Labor Defense, conducted brilliant
defense in the dramatic three-day
battle. They boldly brought to the
front the question of the Negro OPP
preston and the right of workers
white and black, to organize in the
workers political party, the Commu-
mist Party. They stressed the Com
munist position on the Negro ques-
ton, full equality for the Negroes ant
the right of determination.
The defendant, Herndon, broke
through the class rulings of Judge
Lee wyatt and used the courtroom
as a tribunal to impeach capitalism
and its murderous exploitation of the
toilerS, white and colered, and to de-
fend the Communist Party and its
leadership in the struggles against
starvation, Negro national oppression
and imperialist war. Herndon de-
clared, in part:
"You may do what you will with
Angelo Herndon. Yen may indiet
him. You may put him In jail.
But there will come other thous-
ands of Angelo Herndons. II you
want to really do anything about
the case you must go out and In
dict the social system. But this
you will not do, for your role Is
to defend the system under which
the toiling masses are robbed and
oppressed"
Packed to suffocation with Negro
and white workers, the court audi
ence hung on Herndons words as he
described the pitiful conditions OF
the black and white working class
mothers with their starving children
who had assembled at the call OF
the Unemployed Council to demon
strate for relief. So marked was the
sympathy OF white and Negro work
ers for the Negro organizer that the
court had several times warned
against any demonstration.
Chain Gang Judge.
Through tense day, Judge Wyatt
over-ruled with machine like regu-
larity motion after motion made by
the defense attorneys. Over the re-
peated objections of the attorneys he
allowed the illegal placing in evil
dence of material seized from the
person and room of Herndon, with
out a search warrant. This "eN-
dence" consisted of copies Of the
Daily Worker, The Communist, the
Party Organizer, the pamphlet en-
titled 1.-THE Communist Position on
the Negro Question" and the Liber-
ator. organ Of the League OF Struggle
for Negro Rights.
No charge Of any specific act by
Herndon was entered in the case.
There was merely general blank
ct statement that he was "inciting
to riot"
Insult Negro People.
Chauyinistic insults against the
Negro people featured the States
case throughout the trial. Watson,
an Atlanta dick repeatedly referred
to Herndon and other Negroes as
ringers" or "darkies." This brought
sharp protests from the defense at
torneys and the court was forced to
rule against the use of such terms
during the trial. Other chauvinistic
acts included reference by the prose-
cutor and state witnesses to Negroes
by their first names, instead Of as
Mr.. and Mrs. terms consistently used
in addressing the States white wit
nesseS.
VIII Appeal Case.
The defense attorneys have filled
notice of appeal against the vicious
class verdict. The International La
Dor Defense is urging all workers and
sympathizers, north and south, to
rush protests to Judge wyatt and
Gov. r. B. Russell at Atlanta, In
Atlanta, many Negro liberals and
inteliectuals already have come for
ward with promises Of support and
a pledge to raise any amount Of bail
necessary to get Herndon out Of jail
pending the appeal