The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-30
Continued from Page u

boys and subsequent confession that
whole thing was frame-up) is the
defense's most vital evidence.
Samuel Leibowitz, International
Labor Defense Counsel defending the
first of seven Scottsboro boys being
rushed to trials by Speed" Callahan,
explained that Ruby was in a hos
pital after major operation AS
soon as physicians permitted, inter-
rogatories were taken and are now
on the way via air mail. All the de-
tense wanted was continuance I'M
til morning. Defense counsel offered
as evidence kilograms from his Office
and physicians, but Callahan is
determined to rush the case through.
Immediately after Callahan re-
fused to continue the trial to give
Ruby's interrogatories time to get
here, the state put on Major Joseph
Stems, commander of the troops on
guard during the the first trial in
ScottSboro.
Since Stems was to tell Of hearing
the boys confess" Leibowitz de-
manded that the jury be excluded
while the court determined il the
evidence was to be permitted.
In silent, tense courtroom Stems
swore hearing Roy Wright point out
Charlie Weems as the boy who had
something to do with the girls"
Roy's alleged confession was said to
have been made to William Harris,
reporter Of the Chattanooga Times,
owned by Ochs of the N. Y. Tines.
The defense contends that the boys
were threatened with a mob outside
if they did not confess.
Startling newspaperrnen and arous-
ing murmurs of dissatisfaction among
the spectators, Callahan for once
ruled an important decision for the
defense. He said:
Those boys were scared. Soldiers
were all around. I will not permit
their confessions IN evidence"
Persistent refusal to let the de-
tense snow that Victoria Price had
relations with men the night before
the alleged attack by the Scottsboro
boys, marked Circuit Judge Gala
mans rulings today.
Despite the plea Of the Interna-
tional Labor Defense counsel defend
ing the first of the Scottsboro boys
on trial again, that it is essential
to establish that from a medicrl view
point, Callahan refused to allow it..
The day was marked by amazing
decisions from the bench. Time after
time Callahan permitted Knight to
ask questions of witnesses along the
line he refused to permit Leibowitz
TO follow. A whole series of deci-
sions by Judge Horton, who presided
at the spring trial which allowed
such testimony, was overruled by
the present presiding judge. In many
decisions Callahan sought refuge in
legal technicslities.
In one instance Callahans antag-
onism against the defense was so
pronounced that he accused Leibo-
witt of trying to implant vicious"
ideas about Victoria Prices chastity
in the minds OF the jurors. When
Leibowitz demanded mistrial, Call
lahan apoloeized and ordered the
word vicious" struck from the
record.
Carter Testifies for Defense
Lester Carter, Scottsboro defense
witness, was the first witness called
when the court resumed this morning.
He testified he knew Victoria Price
sixty days before the famous train
ride. He said he met Victoria and
Jack Tiller in the Huntsville jail.
Each time Leibowitz tried to show
the sexual relations Victoria had with
Lester, Callahan ordered the defense
not to ask such questions and cau-
toned the jury to pay no attention
to such questions.
When Leibowitz, rephrasing his
question asked the same thing, Cal
lahan said furiously to the jury; PAY
no attention to such questions. They
can have only vicious desire to get
something across to you that have
already ruled on
Leibowitz paled with anger and in