The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-24
Entry Of Defense
Lawyer Signal for
Mob Rush to Cour
Judge Callahan Shield
Jury Commissioner
on Negro Issue
By JOHN L. SPTvAK
tspecfA Correspondent Of the Das
WORKER

WOTAeT1
DECATUR, Ala, Nov. r.
Circssit Judge w. w. CaIIaha
Of Moran County, who has bee
practicing law for AZ years an
never saw a Negro on a soutf
ezn jury, today ruled that there WI
no evidence before him that Negro
were Disseminated against for Jun
services.
The ruling came after hearing te
ttmo1y in support Of the motion mac
By Joseph Brodsky, Information
Labor Defense Attorney, to quash ii
Morgan County venire from whic
the jury to try Haywood Pattersc
Is TO be chosen.
The defense commended that NJ.
groes were deliberately discriminate
against and consequently the venh
was illegal
Court reconvened this morning wit
fewer than q score Of blue overall,
farmers in the spectators seats. tt
courthouse grounds were deserted.
j. A. Tidwell, Morgan County Jul
Commissioner, took the stand to al
swer the one question that Judl
Horton had refused to let him answ
at the trial this Spring.
Why the name of j. j. Sykes. &
Decatur Negro was not on the Mo
gan County Jury Roll.
he was badly crippled" the Jlu
Commissioner said, Sin addition v
had information rejecting on h
character"
Joseph r. Brodsky, Information
Labor Defense attorney, asked jul
what is was about Sykes charact,
that made him unfit for jury dut
but Judge Callahan refused to perm
the defense attorney TO probe I'M
that.
Excepts from Ruling
Brodsky took an exception to Il
judges ruling. According to JUDI
Callahan's view, as expressed in h
subsequent labored decision on Il
motion TO quaSh the venire c
grounds that Negroes were system
atically excluded from jury rolls
Morgan County, when an ofici
stated that he has considered Neg
and for various reasons found hi
unfit for jury duty, that is sufhciei
so far as Alabama is concerned.
That Judge Callahan was full
aware that his decision on the ms
ton to quash the venire was watchi
by the whole county, was evide,
from his carefully chosen, thous
forced words. Callahan began deli
cry of his decision slowly, watchiI
his words carefully, fully aware tn
it was record that would go TO Il
o. s. Supreme Court, and that b
words would be carefully weighed.
The Judge decided that the defen
had proven TO his satisfaction by Il
evidence presented, that Negroes hi
been excluded : from the Morgs
County Jury Roll. and the fact tn
Negroes had not been seen to sit
juries, received weighty considerable
| from him.
"If that were all" he said, z
would deem it sufficient proof tn
Negroes were Systematically exclude
from jury service
However, he continued, it was b
opinion that the State had overcon
the defense testimony by proving tn
responsible officials had taken In
consideration qualified Negro citisel
when they made their selections I
the Jury Rolls.
Tries to Justify Decision
'The United States Supreme Cou
has said in one decision" he co,
tinued. shat if officers fairly al
honestly endeavored to discharl
their duty. then the Constitution
the United States has not been VII
| lated.
I'm view of the evidence before n
I am not prepared to say that q
officers Of Morgan County, in selec
ing the jury list, have so administer
the law as to violate the Constitute
of the United States. Therefore
over-rule the action to quash Il
venire."
This means that whenever jur
commissioner says that he consid
cred a Negro for jury duty. blu
found something about his charac
ter that made him unfit, that Negr
was eliminated and the jury com
missioner did not have to explail
what il was about the Negroes char
acter that was discreditable.
In other words, a jury commi
sioner's statement that he consider
a Negro and discovered reason wi