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

ticular individual who either lost his
head or who happens to be as an
individual actuated by prejudice
against the North, against the Jew,
against the Negroes.
Judge Quiet, But More Dangerous
Take Judge Horton Judge Horton
is a very kind sort of an individual.
He is fair, according to his lights,
but those lights are the lights Of
Southern gentleman" which means
that he accepts and takes for granted
the class position of the Negroes, the
necessity Of white supremacy-and
every one Of his ruling was ruling
in the light of maintaining white
supremacy in the South, even though
the ruling was made in mild lam
guage, even though the ruling was
kindly made, even though he didn't
rant Whine he made it, like that bltth-
ering fool Wright, who more stupidity
showed this boiling cauldron Of preju-
dice. 1t needed somebody to stick
a spike into it SO that it could spout
I'D full like volcano Whereas Judge
Horton, more decent, but effectively
more dangerous, was seeking to keep
the lid cia1nped down.
For example, we raised the question
of the denial of constitutional rights
because Negroes were excluded from
the grand jury and from the petty
Jury panel from which was to be
drawn the jury that actually sat in
judgment upon the boys.
How were we going to raise this
question? We were going to prove
first that there never was Negro
sitting upon a jury either in Jackson
County, where the boys were indicted,
or In Morgan County, where the pres
:, emit case was tried. We were going to
show that there couldn't be Negro
\ on these juries because on the jury
lists from which the respective juries
were to be drawn there was not a
single Negro. We were going to prove
that there were Negroes who were
eminently qualified to serv on juries.
The first point we had to prove by
calling in witnesses who are well &C
quainted with the practice in the
counties involved.
We called in the editor of the ''Pro-
gressive Age" paper in Jackson
County. We put him on the stand.
Q.-"How long have you visited
courts in this county? A.-Thirty-
five years.
Q.-"Have you ever seen Negro
sit on jury?" A.-"No, have not"
Q.-"Did you ever see a Negro who
was qualified to serve? A.-"No."
Now, let us say, the statute says
they must be over 81 and under IS.
do you know Negroes who are over
Fl and under 65?" Eyes"
The statute says they must not be
afflicted with any disease that would
make them incompetent. "Do you
know Negroes that are not afflicted
with any, diseaSe?" Eyes" The stat
lutte says they must never have been
convicted of any crime. do you
know Negroes that have not been
convicted?"s "Yes." The statute says
they must be of sound Judgment and
esteemed in the community where
they live. do you know Negroes who
bear reputation for truth and YER
aclty?" Eyes"
well, what is 1t you will exclude
them cn?" ION the matter of sound
judgment.s In other words, there
never was q Negro who has sound
Judgment to pass on the easel In
other words, the theory of the white
is that the Negro is not human
being, does not possess the quality of
sound judgment!
Now, Judge Horton listens TO our
proof. that in spite of the fact that
we bring people who for IS years
past had personal knowledge that no
Negroes ever sat on Jury, they still