The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-30
JUDGE EXCLUDES VITAL DEFENSE
EVIDENCE IN SCOTTSBORO TRIAL

a quiet voice demanded miStrial be
called because of the judges prejudice
ing the jury against the defense,
"Overrule motion for mistrial, {"
snapped Callahan, ''but If the word
vicious is offensive to you I.eibo-
WIZ will withdraw it. Jury, you
will pay no attention to my use of
that word"
All through the direct examination,
Callahan kept interrupting Leibowitz
When the defense counsel tried to es-
tablish fear of the Mann Act con-
sequences in crossing the State line
from Tennessee to Alabama as mo-
tiYes for attack accusation by Vic
toria, Callahan stopped him, saying
"of course they crossed the State line.
They had to get her. Nothing to
that" When Callahan did not in
terrupt, Attorney General Knight did
It was almost impossible to ask Carter
any questions.
The audience, which filled the court
room. chuckled every time Leibowitz
was blocked in his questioning by
Callahan.
Although Callahan permitted Vic
toria and Gilley to tell about Chat
tanooga "jungles," he would not per-
init Carter to tell Of being with the
Girls in the jungle" the night before
the train ride.
Carter finally managed to say he,
Gilley, Ruby and Victoria boarded the
freight together. He told of the fight
between colored and white boys, sup
porting Patterson's story. At Steven
son all got off, then got on again on
q gondola
mo other person got into that gon-
dola during the ride to Stevenson"
he testified. after leaving Steven
son. some white boys on the freight
came towards us. A fight started with
a group of Negro boys.
Carter Jailed, But Was Not Called
AT First Trial
'T jumped off the train. don't
know what happened to Orville
Gilley."
In Stevenson I met several other
white boys who were on train. There
were five Of us. We were taken to
Scottsboro, Gleason, one of the boys,
was there. Victoria was there, sitting
in an automobile. She motioned to
me and another boy"
Leibowitz brought out that Carter
was locked up in the Scottsboro iail
Is days, kept in the witness room dur
ing the original Scottsboro trial as q
material witness, but was never called
because OF his tory supporting the
testimony of the Scottsboro BOYS.
When Leibowitz pointed to Solicitor
Bailey, of Jackson County sitting at
the prosecution table who prosecuted
at Scottsboro and asked if he kept
Carter in the witness room Callahan
refuses to let Carter answer.
Il came to tell the truth" Carter
began.
Callahan sarcaStically interrupted
you're presumed to be here for that
purpose" The audience and the jury
chuckled their approval of Callahan's
badgering tactics. Leibowitz pro-
tested the judges sarcasm and CAL
lahan apo,ogized.
Under cross examination, Knight
sought to show Carriers connection
with radicals.
Where did you come from?"
Knight asked.
New York City" Carter answered,
naming his last place of residence.
Whispering murmurs and laughter
ran through the court ROOM
Having achieved his effect, knight
started hamnlering at Carriers story.
The audience showed its antagonism
against the witness by significant
murmurs and comments in UNDER
tones. One juror snlirked.
Throughout the examination, Lei
bowitz, objections were regularly over
ruled, contrasting with Callahan's al
most invariable sustaining Of Knights
objections
Knight kept pressing Carter for an
explanation as to why he left the
gondssa the girls were in to another
gondola, whereupon Carter gave
knight sound advice on what freight