The Washington times., 1933-04-10
PLANS APPEAL
To HIGHEST
COURT
Haywood Patterson Convicted
BY Alabama Jury in Case
of Criminal Assault

DECATUR, Ala, April III N4.N'
S0.-Another phase Of the tempes-
tuous Scottsboro case passed into
history today with the dispersal
Of those concerned in the trial Of
Haywood Patterson, youthful ne
gro, who was found guilty OF
criminal assault and doomed to
death yesterday for the second
time.
He was one of seven hoboeS
sentenced to the electric chair
at Scottsboro two years ago and
granted new trials by the United
States Supreme Court.
He was the first to be retired,
and his second day in court at
tracted international attention.
Question of Appeal
The trials of the other six were
severed, and the next, that Of
Charley Weems, set for one week
from today, but the defense will
make strenuous efforts to defer
all the other retrials until the
appeal Of Patterson is settled
which may be a matter of two
years.
The conviction of Patterson
was blow to the Scottsboro
cause, but Samuel S. Leibowitz,
the New York attorney who said
he took over the defense without
fee and did not represent any
organization, announced after the
verdict that the fight for the
humble denizens of hobo jungles
and freight trains would not
abate one whit. He said:
"WeIl carry the case back to
the United States Supreme
Court. I'll continue this fight
with my last drop of blood.
These Negroes were victims of
insane prejudice. The verdict
was against all justice and fair
play and based on no credible
evidence"
Prosecutor Pleased
Attorney General Thomas E.
Knight, jr., who headed the
prosecution staff, made no state
ment, but obviously was pleased
that Alabama had been vindi-
Gated by another jury after con.
certed attacks from radical
organizations all over the world.
He planned to press the other
trials as rapidly as possible.
The jury of three farmers and
nine townsmen, with a craftsman
for foreman, came in at 1857
o'clock yesterday morning, after
being out since shortly before /
o'clock Saturday afternoon.
The IL Morgan county men
were sent to their hotel for the
night at 1880 Saturday, but even
then the deliberations continued,
and a bailiff said that three Of
them did not take off their
clothes all night. They looked
weary and harried when they
were brought into court.
Fight Over Chair
The only member of the jury
who would talk said there were
but three ballots taken-the first
showing all for conviction, the
second, on the issue of punish
ment, II to l for the electric
chair.
The juror insisted that the
long deliberation was concerned
only with winning over the single
juror who wanted to limit Patter.
sons punishment to life imprison-
ment.
Patterson was whiSked away to
Birmingham Immediately after
the verdict was read. His COM
panions, the six concerned in the
case reversed by the highest court,
and two others who are juveniles
already were held there.
The detchment of National
GuardSmen who watched the
courthouse closely throughout the
two weeks of the trial left for
their homes at HartSelle.
No Demonstration
The attorneys scattered, to re-
turn when the case of WeemS is
called, and Decatur resumed it's
habitual tranquility.
The jury reached an agree
ment while many of the towns
people were at church, and only
a small crowd gathered at the
courthouse to greet the news.
There was no demonstration.
Ruby Bates, the Huntsville mill
girl, had vanished into the OBJ
scurity from which she emerged
electrically to testify for the de-
tense and repudiate her testimony
at Scottsboro that she and Vic
toria Price were attacked by a
group Of negroes on a freight
train two years ago. And Vic
toriA Price, who stuck to her story
and testified against Patterson,
had returned to her modest Hunts
vile home after listening to SYM
pathy and denunciationS in the
SummationS Of counsel.
Another chapter in an Ameri-
can "cause celebre" was written.
'KYSnwL OnL4nI T~Io&o