The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-04-05
BY MARY HEATON WORSE

BY MARY HEATON WORSE
DECATUR. Ala. April 5.-The
first phase of the trial of the nine
Negroes accused of attacking two
White girls near ScottSboro ended
With what is everywhere considered
a victory for the defense.
More than the "Scottsboro bows"
are on trial in the courtroom in
Decatur.
The defense has attacked the iurv
system of the south.
1t has attacked the white control
OF the courts and the legal machin-
cry of the state
Between the opening of this IA
nous trial March 81 and adjourn
ment for a weekend recess March
81, the defense proved that no
Negroes appear on the jury lists of
Decatur in direct definance of the
fourteenth amendment.
The exclusion of Negroes from all
jury lists admittedly lays the
foundation for appeal to the Sill
preme court of the United States in
case the nine Negroes are found
guilty.
Negroes Swarm at Courthouse
The courthouse where this drama
IS being played is a roomy undis-
tlnguished building of yellow brick
In front is soldiers monument to
those who died in defense of
states rights"
negroes swarm about the court
house corridors, and groups of long
rangy southernerS talk earnestly to-
gether.
There is sprinkling of Negro
women in the courtroom, and prac-
ideally no white women.
National GuardSmen stand with
fxed bayonets at the stairs. Once
the courtroom is full-it holds 425-
no one further is allowed in.
Behlnd a barrier, hundreds. most
Iy Negroes, wait hours for adj
mittance. People stand outside the
courthouse as early as in the
morning.
The audience of men in the
courtroom is tense and absorbed.
fascinated by the cleverness of the
defense council and at the same
time eXecrating him for it.
Audience Learns Fine Points
To many in the audience the
courtroom has been movie theater
and lecture room in one They are
trained to appreciate the fine points
of great trial lawyer-and Samuel
Leibowitz is more than great trial
lawyer; he is a supreme artist.
The most routine question Leibo-
WITT asks in his beautifully modula-
ted voice becomes eventful and
living. He plays upon his audience
with an incredible mastery. His
methods are quiet, simple, I'M
hiStrionic. He has a clever face, a
fresh color, greyish hair and he is
challenging the very essence of the
southern system.
Two we'll dressed old men behind
me are saying:
It'll be wonder if ever he leaves
town alive"
A fine looking young fellow next
me confides, I'll be surprised if
they let him finish the trial"
Hostility Is Restrained
DO you mean there's a movement
on foot to railroad him out of
town."
They do say there is. They amt
Iii
they'll know what to do when the
time comes"
He has received many threatening
letters. Additional guardsmen have
been sent for to guard his apart
ment.
This hostility is as yet restrained
and under the surface, but a very
real factor to be reckoned with.
The passages between Leibowitz
and Attorney-General Knight are
conducted with spirit but with good
manners and good temper.
The district attorney has long,
sensitive. quivering nose. He is
dark, quick, very intelligent. His
pleasant southern voice contrasts
with Leibowitz's clear precision.
General Chamlee of Scottsboro and
Joseph Brodsky of the International
Labor Defense and the other de-
Tense attorneys.
When for moment General
Chamlee takes Leibowitz's place the
excitement dies. Things are dull.
Judge Is Impartial
Above the battle sits Judge Hor-
ton. tall shambling. strong nose,
deep eye sockets. a face reminding
one of Lincoln. He is truly judicial,
truly anxious that this trial shall be
conducted impartially.
To one side sits Captain Burleson
in his dapper uniform, and several
other officers.
Next to the officers sits the black
boy, Haywood Patterson. He is
dressed in blue overalls and he is
so black that there is a blue bloom
on his wide face.
1t comes on one with almost.a
shock that all this array of legal
talent, all this court full of intent
people is about this boy, that he
is the black core of the nroceed-