Evening star., 1933-04-03
ALABAMA WOMAN
ACCUSES PRISONER
CeIored Man, First of Nine
In Scottsboro Trial, Iden-
tified-Witness Missing.
By the Associated Press.


DECATUR, Ala, April 3.-In a court
room of tense silence, Mrs. Victoria
Price today identified Haywood Patter-
son, Chattanooga, as one Of her attack
ers on a freight train near Scottsboro,
Ala, two years ago.
Patterson is the FIST of nine colored
defendants In the "Scottsboro case" to
be retired in Morgan Circuit Court un-
der a change of venue.
Samuel S. Leibowitz of New York,
chief of defense counsel, began an ex-
haustive cross examination, after So
licitor H. G. Bailey had completed di-
rect examination in Is minutes.
Miss Ruby Bates, second victim of
the alleged attack, still was missing and
Sheriff A. w. Davis and counsel for
both sides said they had no inkling as
to her whereabouts.
Witness Is Missing.
Ruby Bates name was called by
Sheriff Davis when witnesses in the
case were called, but she failed to reply.
There were only two white women
among the spectators, Mary Heaton
Worse of Boston, writer, and Mrs.
Fanny Horovitz of New York, sister
of one of the defense attorneys.
Mrs. Price, dressed in a plain black
dress, entered court accompanied by her
brother. Attorney General Thomas E.
knight, jr., told newspaper men she
would be the first witness.
The miniature freight train Samuel
S, Leibowitz, of New York, chief OF
defense counsel, will use in the defense
was brought into court in boxes and
taken to the defense witness room.
Attorney General knight informed
the court all of the States witnesses
except the Bates girl were on the way
from Scottsboro, adding 'the State
doesn't know where she is"
Court continued in informal recess
awaiting the arrival Of the witnesses.
Train Model on Table.
While witnesses were being assembled
LeibowitZ assembled the "ScottSbOro
Special" on a special table before the
jury box, for use in croSS-examining
State witnesses.
Under direct examination by Solicitor
H. c. Bailey of the ninth district, who
prosecuted the cases two years ago, Mrs.
Price began answering questions in a
low voice.
Seven white boys were on the train
after it left Stevenson" she said. Twelve
co.ored youths jumped on and began
fighting the white boys.
Patterson, she said, was armed with
a pistol and during the fight forced
six of the seven white boys from the
train.
She said Orville Gilley, one of the
white boys, remained on the car, say
ing, I'm afraid to Jump, and I'm
going to stay on this car and die with
these girls"
AS the train halted at Paintrock the
colored youths jumped from the car
and were arrested Direct examination
was completed in is minutes.
Model Cars Different"
Samuel S. Leibowitz, chief of defense
counsel, started croSs-examfnation by
seeking to have Mrs. Price identify cars
on the miniature train, but she said
they did not resemble the cars.
IT amt that educated" the woman
retorted when Leibowitz asked her to
figure her date Of birth. She gave her
age as 81 at the time Of the attack.
Mrs. Price became nettled as Leibo-
witz persisted in questioning her about
her resistance of the attacks.
II don't know" 'I won't say" II Just
fought" she replied to continued ques-
LIONS as 10 Wnetner sne DIT, scratched
or kicked any one of them.
IT answered you four times" Mrs.
Price almost shouted as Leibowitz asked
her If she was knocked backward.
A jury was completed Friday after
virtually week spent in argument over
defense charges that colored persons
were excluded from jury service in Ala
balna for racial reasons. Motions to set
aside the indictments and dismiss the
venire on that ground were overruled.
Six other defendants are to be re-
tried here and Attorney General
Thomas E. Knight, heading the prose-
cution, has intimated he will seek to
try them together on disposition Of the
Patterson case.
Samuel c. Leibowitz of New York, in
vited into the case by the International
Labor Defense. heads the defense
counsel