The Omaha guide., 1933-07-08
EDITORIALS! .
AN EPOCHAL DECISION

Circuit Judge James E, Horton, who distinguished
himself by his impartial rulings and insistence that law
and evidence, not hysteria, dominate the Decatur legal
proceedings, has voided the verdict of guilty brought in
by a jury of Morgan County, Alabama, against Haywood
Patterson, one OF the Scottsboro defendants, ana ordered
a new trial.
In an opinion declaring that the conviction was not
supported by the weight of evidence Judge Horton at
tackled the c~redibility of witnesses for the prosecution.
VictOrias Prices manner of ~testifying and demeanor on
the stand initiated against her, her testimony was contra
dlctory, often evasive, and time and again she refused to
answer pertinent questions, the jurist points out, futher
stating:
The testimony Of the prosecutrix Victoria
Price, IN this case is not only uncorroborated but
it also bears on its face indications of improbabnity
and is contradicted by other evidence, and in add.
ton thereto the evidence greatly preponderated in
favor Of the defendant.
Even the story told by Victoria Price does not coin
eide with the testimony given by DR.. R. R. Bridges, SCOTS
boro physician, who examined the girls after the alleged
attack, the court holds, commenting that her evidence is
so contradictory to the evidence of the doctors who e-
amined her it has been impossible for the court to recon-
cie this evidence with her"
Judge Horton is inclined to believe the story told
by Lester Carter, white hobo, that he and a friend spent
a night in the backwoods with Ruby Bates and Victoria
Price before the Chattanooga trip on freight cars. The
court finds it difficult to believe that such a crime was
committed by the Negro defendants in broad daylight, in
on open gondola car passing through half a dozen small
towns
This decision, so courageously rendered by Judge
James E. Horton is one of the greatest announcements
on behalf Of social justice and fair play that has come out
of the South. 1t is epochal in that it marks a turning
point in the Souths traditional attitude, which has been
to condemn, convict and punish any Negro at whom a
white woman, no matter how lewd or lawless she might
be, saw fit to point her finger of accusation. The false
cry OF rape" has sent many an innocent Negro to an I'M
timely death. Judge Horton has broadcast to the world
that in the courts of the South the guilt or innocence Of
a Negro defendant charged with rape must be determin-
ed by the due process of law and not by f~alsehoods, race
prejudice and emotionalism.
There is very little likelihood of the State of Ala
bama ever securing convictions against any Of the nine.
defendants that would be confirmed by the Supreme
Court at Washington. Judge Horton has held that the
unsupported word of Victoria Price is insufficient on
which to condemn a man to death. Victoria Price is
branded as a liar by Ruby Bates. Victoria Prices testi-
mony is doubted by the presiding Judge, who frankly adj
mlts that the evidence at theDecatur trial "preponderated
IN favor of Haywood Patterson" The Morgan County
jury dd not believe Victoria Prices story, but was moved
to bring in a v verdict of guilty by the injection of sectional
and racial p~rejudices.
Abraham Lincoln freed the slaves. Judge Horton
mas issued an emancipation proclamation telling the world
tnat the South is being freed of shackles Of intolerance
and race hatred in the courts.
As the Patterson case will be retired in the Ala