The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-21
SEVEN SCOTTSBORO BOYS
FACE COURT IN DECATUR

a conferences WAS ILleu uSlU III LLl6
white v.1t-sess room between the
judge and the counsel for both sides.
When they emerged LeiboWitz en-
tered a plea of mot guilty. Judge
Callahan then announced that he
would draw regular jury of SO and
a special jury Of so.
This is just the regular court pro-
ceeding," he explained which has to
be gone through. 1 am not yet ar
raigning the defendants"
An agreement was made by coun-
sci on both sides to offer from the
record evidence and testimony given
last spring in the defense motion to
quash the venire.
Leibowitz asked to be given until
Friday to prepare to argue the mo-
ton to quash the venire, and Of
fered to argue the motion for a
change of venue on Wednesday, but
Judge Callahan said shortly:
Wants Speed
II want a little speed in this trial.
Wen argue the change of venue this
afternoon"
But I have not my papers here"
Leibowitz protested.
you should have had them here"
the judge replied blandly. IF you
haven't that's your hard luck"
| A ripple of laughter went through
the now crowded courtroom. He'll
show EN- where to get off at" voice
sitting behind the reporters said
gleefully.
II want this preliminary part OF
the trial finished this week." Judge
Callahan insisted firmly.
, During the discussions between
counsel for the defense and the Judge,
| ripples of laughter were evident each
time the judge returned sharply to
some of Leibowitz's requests.
A request made by Leibowitz to
have Ruby Bates testimony taken
through dispositions was left hanging
AS q result of Leibowitz and his
associates not having certain papers
with them. which they had left in
Birmingham since they did not think
the arraignment of the seven Scots
boro boys would be turned into hear
ings on various motions, Judge Gala
had adjourned court at 1890 this
morning until one o'clock this after
noon. at which time the question of
! the change of venue will be taken
up.
'All spectators will keep their
seats until the prisoners have been
removed" Judge Callahan ordered
the courtroom. When the spectators
had gone and LeibowitZ. Brodsky and
Chamlee were about to leave, the
court called Sheriff "Bud" Davis
aside and ordered him to appoint
deputies to guard Lsibowitz.
mot only in the courtroom" he
emphasized. II want you to have
/ deputies with him wherever he goes
| as long as he is in Morgan County"
So firm is Judge Callahan in his
/ efforts to avoid as much publicity as
possible about this case that two
photographers, one from the New
York Daily News and another from
Birmingham paper. who tfiet' 10
FCake pictures across the street from
4 the courthouse grounds, were hailed
before the bench.
Judge Callahan chided them and
said that If it happened again they
would be severely dealt with"
Find Loaded Gun
Apparently acting on a tip that
an attempt would be made to kill
Leibowitz, Judge Callahan issued or
ders to "frisk" every man who en-
tered the courtroom this afternoon.
One man was found with loaded
revolver on his person. The gun was
conf1scated and the man placed in
the county Jail. His name has not
yet been ascertained.
Word that the "frisking" orders
had been issued swept throughout
the town. At the afternoon session
the number of spectators in the au-
dience was materially reduced, though
it was balanced by larger number
OF Negroes, who entered and took
places on the section reserved for
them.
When the afternoon session re-
opened at one o'clock this afternoon
the ominous silence which had per-
vaded the courtroom seemed to have
grown tenSer. Men no longer laugh
ed. Deputies assigned by the court
to watch over Leibowitz were scat
tered throughout the courtroom.
No guard, however, has been placed
to protect the other LID. ATTORNEYS
Jos. Brodsky and his three associates
from New York, Eli Schwarsbard, Sol
Cohen and David Schriftman, though
it was Schriftman who gathered
many of the af1ldavits quoting per-
sons in Decatur as threatening Lei
bowitz life as well as the lynchine
Of the Scottsboro boys.
Shortly after court opened for the
afternoon session, Judge Callahan
said:
Il do not want any misunderstood
ing; on Thursday morning at $50 I
will hear evidence on the motion to
quash the indictment"
Present Lynch Affldayits
The defense submitted their array
OF sffidevits quoting about 500 Nor
gan county, and especially Decatur
residents, who. the investigators
sworc, had threatened to lynch the
Scottsboro boys and their attorneys
II they appeared in Decatur again.
While the Attorney General was read
Ing 1t to make hts reply, about halt
hour passed. That half hour was
probably the most tense so far in an
already tense day. There was scarce
ly ripple in the courtroom. Every
one walked on tiptoe. There seemed
| to be q rnenacing air about the room
that made everyone get the "jitters. I"
AS the Attorney General turned
page after page. the cracking Of the
legal foolscap sounded very loud. One
man In the audience cleared his