The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-04-15

refuse to admit two things: One,
that the jury list had no Negroes on
it, and, two, that they are excluded
on the question of race or color. We
are told we must prove both points.
If the Judge did not know it from
Jackson County, he certainly knew it
from Morgan County. He heard the
clerk, Mr. Green, testify that he has
seen at least 1880 jurors serve, and
never to his knowledge was there
Negro. The judge knew that there
never was, and necer could have been
a Negro sitting on the Jury.
They tell us to prove it. How are
we going to prove it? If you refuse
to concede that everyone on the Jury
roll is white, we must subpoena the
Negroes.
And right here, let me stop for .
moment and say, that the real heroes
in the ScOttsboro case have not yet
been recognized and given their due.
They are the fifteen Negroes who
came from ScottSboro, after being
subpoensed by the sheriff (Which
means that every last one Of them
was threatened before he came). The
fifteen Negroes wo came into Court
and for the first time in the South
took the stand and said, Here we
are, listen to us; we will prove 10 you
that we are qualified" After they
set the pace, Immediately, in Decatur,
when we attacked the petty Jury, 400
Negroes volunteered to come. Those
first Is were the trail blazers. We
offered to produce every last one of
the 400 from Decatur.
Negroes Qualified
We had these fifteen Negroes on
the stand. We asked them, what
is your name, where were you born?
What are your educational qualifica-
tions2 you read and writer Are
you afflicted with disease? Are you
q householder? Have you ever been
convicted Of a crime?" All these
questions were answered favorably.
Then We had Negro witnesses that
were highly esteemed in the commit
nifty for good character and sound
judgment, as required by statute.
Some were duly elected school
trustees.
But Prosecutor knight interrupts
with: "You don't mean that you were
elected by white people2 You were
elected only by colored peoplpe, isn't
that SOP" Then, he asked one of
our witnesses, Are you q member OF
the Communist Party?" The answer
was mo" 'Of what party are you
a member" 'I have been a mem
Der Of the Republican Party for forty
years" Are you a member Of the
section of hly-whites or OF the black
and-tan2" In other words he was
putting the color line right there.
Now what does Judge Horton do?
When he saw that we were forcing
the issue, when we told him that we
would use our legal right to ask q
subpoena for every last mon OF the
1000 on the jury panel, that if the
attorney general was not going to
concede that which everybody. knew,
that we accepted the challenge; that
we would stay here and prove it.
then Judge Horton granted Our re-
quest that subjoenas be issued.
Judge Changes His Mind
This was the last thing that hap
pened before lunch period. We 90
home, and after the lunch period the
first thing the Judge says is, 81 have
decided to deny this motion"
But, your Honor, we want an OPP
portunity to prove this. We want to
subpoena all Of these witnesses. You
told us before lunch that we could do
that"
Motion denied" Very quietly,
very politely. very "decently." MO
ton denied"
Now what does he do next2 This
will give you some idea OF the fair
ness" of the judge. After denying
the motion, Horton follows 1t with a
speech as follows: I'VE here, and I
as Judge in this court, viii see to
1t that the principles OF the South
will be carried out, there win be fair
and eyen-handed justice to Jew and
Gentle, black and white alike" This,
five minutes after he denied ths
motion, which means justifyfnx Ne
exclusion Of the Negroes!
Judge More Dangerous
He is man who has been poisoned
at the source. You cannot make q
flair" man out of him. He is honest
according to his lights. But his lights
are the lights Of the Southern ruling
class, oppressors Of the Negro people.
The difference between Judge Hor-
ton and Wade Wright is the follow
ing: First, he is more dangerous
than Wade Wright. That Is primar-
lily the difference from our point OF
view. Secondly, Wade Wright is
vcious-subjectively and Collectively
where the Judge is effectively
vicious. Personally he wouldn't ''hurt
anybody" AS he said, later on in the
case, Il am tender man. I wouldn't
hurt any human being. If it comes
to a question of right and wrong, I
have only one course to pursue"
He is democratic" and decent"
but he has a water-tight compart-
ment in his brain and can't see that
this Is merely language that covers
the worst and most vicious type of
unfairness. We at least shouldn't be
blinded by that sort of thing. The
South likes that. They have written
editorial after editorial on it. "This
is the fair South. This Is the South
that gives out justice handed"
But in that South Hes all the pretu-
dice which keeps the Negro as q
super-exploited people under the
damnable theory of white supremacy,
a theory which condemns the white
worker to the same miserable stains
OF the Negro, and keeps him from
seeing that 1t is this very theory Of
white supremacy that sends him (as