The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-04-18
(By Our Special Correspondent

protest against the Decatur lynch
verdict echoed in the courtroom
here today as Judge James E. Hor-
ton granted a postponement of the
trial of Charlie Weems, set for TO-
day, until the July 10 term of court.
Other developments in Decatur
court today were:
I. Sentence of death was passed
on Haywood Patterson, by Judge
Horton, who refused to set aside the
verdict.
2. Thirty days allowed to make
final molten for setting aside verdict.
8. Charges that the State tamper-
ed with the Patterson Jury we're
made by Joseph Brodsky. Interna-
tional Labor Defense attorney, in
open court.
4. Change Of venue to Birming-
ham will be demanded.
The postponement Of the Weems
trial until July 10 came as a COM
plete surprise to the defense, and
showed directly the effect OF the
mass pressure modified by the In
ternational Labor Defense, and the
indignation of the masses against
the lynch verdict Of the Alabama
ruling class against Haywood Pat
terson.
"Fair TriaP Impossible-Horton
Judge Horton clearly admitted that
there was no possibility of fair trial
for Patterson in Decatur, He at
tempted, however, to save himself
with the ruling class by placing the
entire responsibility for the situation
on Samuel S. Leibovitz, defense at
torney.
Patterson was sentenced to die by
electrocution in Kilby State Prison,
June is. Sentence was pronounced
by Judge Horton at 9:25.
Have you anything to say why
sentence should not be pronouneed?H
Horton alked Patterson. who was
brought into court and stood before
the bench surrounded by armed
soldiers.
II Am Innocent
81 am innocent, I did not get
fair trial." Patterson answered.
Brodsky Immediately filed notice
of appeal to the Supreme Court of
Alabama, which automatically sus-
ponds sentence.
Come around, Haywood, I want
to impose sentence" Horton said. In
accordance with the verdict of the
jury, sentence you to die in the
electric chair on June 16."
Brodsky rose and filed a prelimin-
airy motion to set aside the verdict,
and for new trial, giving twenty
grounds, including: exclusion of Ne
groes from grand and petit juries;
prejudice and terrorization of the
jury and defense witnesses; prejudi-
cial errors made in the trial; incite-
ment to violence in the summation
of Solicitor Wade Wright Of Morgan
County; and in general that the YER
dict was against the weight Of evid-
ence.
In support of his motion, Brodsky
presented affidavits Of counsel, news
papermen, and observer at the trial,
proving definitely the charges of pre-
JUDGE and threats to the lives of
the boys, their witnesses, and law
yers.
Judge Horton declined TO act on
the motion for new trial, stating
he allowed thirty days in which to
make final motion to set aside the
verdict.
Jury Was Tempered With
Following this ruling, Brodsky
created sensation in the court
room, every foot of which, including
the Jim-Crow section set aside for
Negroes, was packed, BY demanding
that the bsiliff who had custody of
the Patterson jury be called. Judge
Horton at first refused, demanding
the reason fer the request.
Il have information that the jury
received and made telephone calls
while celebrating on the Patterson
verdict" Brodsky stated The bailiff
was called, and took a seat while the
roll was called for the Weems jury.
Immediately, Attorney General
Thomas E. Knight walked over and
began a conference with him, evid-
emily seeking to frame a plausible
abb for the pl1one-calls. An OBJ
lection to this procedure, made by
Brodsky, was over-ruled by Judge
Horton.
3 The conference was apparently
fruitless, and Knight and the bailiff
walked into the private witness room
for further talk Brodsky again pro-
tested, calling the attention Of the
court to this action, but Judge Hor-
ton refused to interfere.
Jury Gets Phone Calls
Finally called to the stand and
questioned by the judge, Bailif Brit
ten admitted phone calls TO and from
jurors during deliberations. He lex
planned" that one was for a drug
gist, another for a clothes Cleaner,
a third for a sick wife.
Under close examination by Brods-
ky, however, Britteu admitted he
had no knowledge OF what sctu-
ally was said over the phone, who
was called by the Jurors, or who call
ed them.
Thereupon, oiuinously calling the
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