The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-28
Continued from Page u


called from an almost filled court
room. The prospective jurors line up
before Judge Callahan. Men in over
ais, store suits, bespectacled, marked
by lined faces and gnarled hands.
Out Of q panel of 100 grimly smiling
prospective jurors, only four ask to be
excused. All the others seem anxious
to sit in judgment on the nine Negro
lads. Alabama picks its juries by
Striking" names not wanted. The
procedure is to call twelve men. The
prosecution walks up and down and
points to a man, calling strike" This
means he does not want him. For
every State Strike" the defense is
entitled to two. So on down the line,
until twelve are left out o? the hun
dred. These twelve make the jury.
From the first twelve called, five
said they had no fixed opinion which
couldn't be changed no matter what
the evidence showed. Two more were
excused because they are opposed to
capital punishment. To the five left,
Joseph Brodsky asks if they would be-
lieve white mans word against a
Negroes word. Judge Callahan refuses
to allow this question, also barring
the question if the jurors felt any
resentment at the criticism levelled
against Wade Wright, Morgan County
prosecutor, who made the Jew
money" speech in the last trial.
From the second dozen prospective
jurors examined, three admitted hav-
ing fixed opinions on the case and
one stated opposition to capital pun
ishment.
Both Leibowitz and Brodsky in
their questions to prospective jurors
constantly emphasized the effect of
Wade Wright's inflamatory speech at
the last trial. Prospective jurors ad-
nit discussing the case, but deny
they have been influenced.
Leibowitz asks perspective juror:
Have you any opinion of the guilt
or innocence of this defendant"
Callahan interviewed "He needn't
answer question" Leibowitz protested
that he asked if he had fixed opin-
ion" 1--WE are wasting time" replied
Judge Callahan. Let's get moving"
Several minor spats between the
judge and the defense attorneys were
not recorded by the court reporter.
From the third batch, five an
nounced opposition to capital punish
ment and five admitted having fixed
opinions The prosecution chal-
lenged all those opposed to capital
punishment, showing its intention to
demand the death penalty. Those
with fixed opinions, looked Leibowitz
grimly, in the face, announcing
loudly:
Nothing can make me change my
mind. have read about the case in
the papers"
Leibowitz asked prospective Juror
the usual question about Wade
Wright, when Judge Callahan inter
rupted him irritably II think we've
had enough of that. Why popularize
ilim?"
From fourth batch. four admitted
fixed opinions, two opposed capital
punishment, one said he would not
convict on circumstantial evidence.
Judge Callahan thereupon asked him
il he knows what it means. The
juror answers no. Callahan explains:
IF you walk in field, find ears
of corn chewed, and the only tracks
around that Of hogs, would you find
the hogs did it?"
Il would think So but T wouldn't
know it," the juror replied. The
court room laughed Callahan con-
tinues:
Suppose you were locked in
dark house for long time and lost
track OF day or night. A man comes
In and says there is no cloud in the
sky. Another says 1t is noon. Would
you need more evidence that the sun
was shining?"
I'D take his word for it."
well, that's circumstantial evil
dence."
The fifth batch included the re-
mainder of the venire. Two opposed
capital punishment, one admitted
having q fixed opinion, one declared
against circumstantial evidence.
After four and half hours wherein
63 prospective jurors were excused
from the panel Of 100, Striking for
jury was resumed at 2 o'clock. Out
OF panel, SO were excused for illness
and other reasons. and 81 for cause.
OF the 20, nineteen hod fixed opinions
and IL were opposed TO capital pun