Evening star., 1933-11-07
Must Stand Trial December
II in IISIey-BuCkner
Sayings.
EXCEPTIONS ARE NOTED
TO JUDGES DECISION
Court Rules Negroes Have Not
Been Excluded From Leesburg
Grand Juries.
BY a staff Correspondent of The Star.

5y u SIAu COITeSpOnQenL OF Ine star.
LEESBURG, Va, November T.
Judge James L. McLemore overruled
motion to quash the murder indictments
against George Crawford, colored, in
Loudoun County Circuit Court this
morning. At the same time he over
ruled the motion to quash, Judge Nc
Lemore also overruled a plea In abate-
ment on the same grounds.
The date for Crawford's- trial was set
for December IL. After the date was
set Crawford was arraigned and pleaded
mot guilty" to both murder indict-
ments.
Charles H. Houston, colored WASH
ington attorney, following the arraign-
ment, introduced to the local bar two
other colored attorneys who will be as
ISOLATED with him In the trial. They
are Leon Ransom Of Ohio and James
g. Tyson of the District of Columbia.
Following his arraignment, Crawford
was returned to Alexandria under heavy
guard.
Sees No Danger Of Violence.
Judge McLemore this morning COM
plimented counsel upon the manner in
which they have conducted the case
and remarked that "the people have
been orderly and have seen nothing
tnat would create suspicion that the
people IL this county would indulge In
any kind Of violence when an attempt
was being made to enforce the law"
Judge McLen1ore's decision terminated
q lengthy hearing on the question raised
ny defense counsel, which contended
the indictments accusing Crawford of
Staying Mrs. Agnes B. Isley. Middleburg
Buckner, were not legal because Necroes
were excluded from the grand fury
which returned the bills.
When Judge McLemore had finished
ms lengthy ruling IN the case, Attorney
Houston promptly noted an exception
The major points OF Judge McIe-
moress decision centered around the
testimony Of Judge u n IT. Alexander.
Circuit Court jurist 0f 110ud0lin Comfy
who disdualified hinaself from presiding
IN this case by testifying as the pri1ci-
pal witness at the hearing yesterday
Comment on Statement.
Commenting ON the statements made
by Judge Alexander, Judge McLemore
said: The only evidence ! have as to
whether the Judge did select the grand
jury list In the light of those conditions
and prerequisites laid down by law is
his testimony. I state from memory.
I have not the evidence written out. I
think the Judge said he made out that
list from men he knew, and thought
possessed the qualities that would en-
title them to serve as grand jurors in
way that would be reasonably accep-
table to the State. think he said also
In making up the list the question Of
color or race did not enter his mind.
have no reason to doubt the Judge in
his testimony and If that is true-if his
testimony Is true-then surely It must
be admitted that he did not exclude
them because of race or color. In order
70 exclude you must have some purpose.
You must have consciousness that
you have got to decide between one or
the other. and If you did not have In
mind that question at all but selected ]
from the list of citizens presented to
you. 48 persons that you thought meas
ured up to those requirements, without
regard to or having in mind the fact 1
that 1t was colored man or white
man, OF course it would have been no
violation Of the statute.
1T is not for me to say what the
future course of this State will be In
the light Of agitation and discussion
which has been brought about by this
particular case. That is a matter that
VIII have to be met, and I have no
doubt that 1t will be met In a way that
will satisfy all parties.
i feel that I will have to over-rule
the motion to quash the Indictment"
Exception Noted.
Houston was on his feet In an in
slant seeking an exception, and stating
that since the Judge had passed ON
some Of the evidence and "has omitted
to say anything on the turning point
OF the case-the cast system testimony
OF Judge Alexander-I respectfully sub
init ne should rule on that point"
The attorney said the point he was |
trying to bring home was that Judge !
Alexander admitted he selected the |
grand Jurors from people of his
acquaintance, and since he said he |
knew OF only one or two Negroes quail
fed for grand jury service, the social
Alexander's personal habits and lie |
affected exclusion of Negroes from
grand jury services in Loudoun County.
In commenting on this statement, |
Judge McLemore acknowledged tine |
existence Of a definite social barrier
between white and colored people in
Virginia, but said he did not believe
Il amounted 10 the point Of prejudice.
-.ss.% rreyio9sly % the Presiding, Justice. had
am satisfied that there are some per-
sons In this county competent to serve
on grand juries. How many there are