The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-25
Callahan, Decatur
Judge, Rushes Case
Against NegrOBOyS
Continued from Page u

| Circuit Court reporter, when court
Ireopened this morning after q late
night session. The defense was still
searching for the names Of Negroes
on the jury list which resulted in a
sensation last night when LeiboWitz
demanded that the jury rolls be i'm
pounded by the court, and promptly
sent for handwriting expert.
Late this afternoon, while Leibo-
witz was examining J. H. Stewart,
fEvner member of the jackson Coun-
ty Jury Board, Judge Callahan ruled
that the defense could not probe into
the actions of the jury board in
making up their jury list.
1t followed a heated command by
Callahan to Leibowitz to stop right
there" When the chief counsel for
defense asked Stewart if Snodgrass
was "a qualified Negro"
Il know what you are trying to
show" Callahan said angrily.
eff you want to show that this jury
roll has forged names, go right ahead,
but the witness does not have to an
5wer questions probing into the work
ngs Of the minds of the jury COM
mission"
Names Those of witnesses
While the search for names con-
tinued, the defense Subpoenaed the
seven Scottsboro Negroes whose names
were found on the jury roll. They
were Hugh Sanford, Pies Larkin
Travis AIoseley, K. D. Snodgrass, Cam
Rudder and Mark Taylor. All O.
these Negroes had been defense wit
nesseS at the trial of Haywood Pat
terSon this Spring.
The name of Hugh Sanford in the
Jackson County jury roll was identi-
fed late yesterday afternoon by @. A.
Wann, Circuit Court clerk, as that
of a Negro.
Leibowitz jumped up: "Your
Honor" he demanded, IT want this
page marked for future identifica-
ton"
To newspaper men who asked
whether he suspected that the name
had been inserted since the Scotts-
boro cases in order to show that Ne
groes were not Disseminated against,
Leibowitz said: st have nothing to
say about this at the present time"
Leibowitz demanded that the jury
roll be impounded by the court, which
was done.
To Check on Handwriting
Leibowitz asked ]. E. Moody, Jack
son County jury Board member, to
write his name several times on a
sheet Of paper. This was entered in
evidence.
Loibowitz's tactics are obviously to
get samples of the handwriting of
all Jury board members while they
are identifying persons listed on the
Jury roll and place these on file, so
the handwriting EXPERT can identity
the one who wrote in the names Of
The Negroes.
Their names had been written
either over or under red lines drawn
at the bottom of the pages where
they were found. At the session last
night, Kelly Morgan, clerk of the
Tackson County Court admitted that
he handwriting looked like mine.''
Lei5owitZ sent for dar7as M. Haring,
famous handwriting expert, who had
testified in the Hall-Mills case and
other celebrated causes celebre. He is
expected in Decatur tomorrow morn
/ ing. He will examine the handwrit-
ing in open court and tell whether
the writing is Mo1gan's and whether
the writing dates from 1881, when the
Jury roll was prepared, or more re-
Gently.
Leibowitz announced this morning
that he was willing for Knight to
name his own handwriting expert and
the defense would agree to abide by
lis decision, provided that If it were
found that the jury rolls had been
tempered with, the indictments
against the Scottsboro boys would be
quashed.
Knight refused to entertain the
offer.
"I am not interested" he said. 81
have another approach to these
names Of Negroes on the jury roll,
and MIR. Leibowitz will know nothing
about it until the last minute"
A few minutes before Leibowitz
made his announcement to the news
papermen, Judge Callahan strolled
over and informed them that he
had examined the Jury roll, which
ne had ordered impounded and that
he had found about forty names writ
ten lover or under" the red lines,
which marked the bottom Of the
pages. Asked whether these names
were white or colored, he said he
did not know.