The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-11-22

! a venue from Morgan County
TO Birmingham to the Scots
boro boys.
While the Judge was con-
tending in his address that there
was no danger. a deputy sheriff
stood at the door of the court
room and "frisked" every person
who entered for concealed weapons.
At the same time sheriff's armed
with revolvers patrolled the corridor
of the courtroom.
The judges lengthy address re-
viewed the application made by
Brodsky, International Labor De-
Tense Attorney, and the answer
made by Attorney General Knight
opposing the application for
change OF venue from Decatur to
Birmingham.
The courtroom listened in stony
silence while Judge Callahan, dis
claiming any criticism of pre-
vious judges who had presided owe
two Scottsboro trials, stated that
saw no reason why troops had beer
ordered out for the first Scottsbort
trial nor for the second one thi
spring when Haywood Patterson
was tried, convicted and suhse-
quently had his sentence set aside
by Judge Horton, the then presiding
justice. The courts decision came
after two days or argument by both
defense and prosecution.
When Brodsky arose to argue for
change Of venue the court room
which had been somewhat disturbed
by whispering In the back among
the scattered spectators, hushed
Going back to last April" Brodsky
began quietly, 'The Judge who pre-
sided then decided that the situation
in Morgan County was too tense,
too dangerous to permit the re-
sumption of the trials. There was
hope that with the passage of time,
the seething emotions in the COM
munity would calm down. Unfor-
tunately that is not the fact. Those
who are trained to translate public
opinion, who have their pulse on
public sentiment, the newspapers in
this very area, have written and
commented editorially about the
danger that faces the defendants
and their attorneys in this county"
"The state of mind, the situation
that existed when Judge Horton pre-
sided last April, has not subsidized.
We have presented some 500 names
and addresses of persons who have
voiced open threats. In four cases
the state has shown that those per-
sons are deceased. 1 can understand
that is not strange or inexplicable. A
man dies, his household continues.
The investigator goes to the house
Of the person who made the state
ment to him and finds his name on
the doorbell and writes down that
name. That is how the four names
happen to be among the 500 we have
presented"
Argues for Venue Change
'"The Attorney General answers our
motion by a few stereotyped affida-
Wits, but il one weighs the language
used one is forced to the conclusion
that it is a prepared thing given at
the request of some local citizen to
bolster up local reputation. I think
Justice demands change of venue
In Birmingham, for example, tht
case would not engender such i'll
tense feelings as to make it impos
sible for them to secure fair and
impartial trial"
Attorney General Knight, in an
swer, blamed the postponement Of
the trial in April upon the state
ments attributed in newspapers ito
one Of the defense counsel" and the
answer made by himself. knight did
not mention Leibowitz by name.
knight in his plea stressed the
four dead persons named in the de-
Tense afidavits and insisted that it
discredited the rest. 1.-THE applica-
ton is very lengthy" Judge Callahan
began in his clear, cold voice staring
at the defense counsel through his
tortoise shell eyeglasses. THE SEN
fences are somewhat embellished with
well rounded phrases, but after YOU
reduce it to the last analysis, it only
sets forth that the defendants cannot
have fair and impartial trial in
this county.
Justifies Decision On Venue Charge
Judge Callahan then went into n
lengthy analysis Of the weight of
the evidence offered by the defense
in the form of affidavits and con-
cluded that it offered insufficient
evidence" to order a change of venue.
He, too, emphasized the four dead
(Continued on, PAGE q