The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1934-10-31

only difference between their posi-
ton and that Of Mr.. Fraenkel was
that the latter had done all the
work.
The Alabama Supreme Court, dis
regarding all of the foregoing facts
and all the arguments made, struck
out the bill of exceptions; 1t re-
mains to be seen whether the ST.
preme Court of the United States
will permit such tactics to pass I'M
rebuked and such outrageous con-
duct to remain uncorrected; the
responsibility, however, for what
happened must be upon the au-
thorities and courts Of the State of
Alabama.
The attack Of Messrs. Leibowitz
and Chamlee charging the l. L. D.
and it's attorneys, Mr.. Fraenkel and
Mr.. Brodsky, with negligence, is thus
seen to be entirely ill-founded and
untrue; such attasks are nothing
more nor less than Qualifications of
the courts and authorities of Ala
bsma who invoked legal technicali-
ties of the fiimsiest and most un-
founded character for the purpose
of avoiding a decision on the merits
in the case of State Of Alabama vs.
Haywood Patterson.
1t is important to remember that
the case of Haywood Patterson was
the first of the two cases tried be-
fore Judge Callahan; that it was
in Haywood Patterson's case that
Judge Callahan raised the color line
in charging the jury by stating as
follows: Where a woman charged
to have been raped, as in this case,
is a white woman, there is very
strong presumption under the law
that she will not and did not yield
voluntarily to intercourse with the
defendant, Negro, and this is true,
whatever station in life the prosecu-
trix may occupy, whether she be
the most despised, abandoned or
ignorant woman of the community,
or a spotless virgin, or daughter
Of home Of luxury"
1t must be remembered that 1t
was in the Haywood Patterson case
that Judge Callahan instructed the
jury at great length under what
circumstances they could find the
defendant guilty, and then COM
pletely forgot to instruct the jury
that they could also find him in
nocent, until the matter was called
to his attention by defense counsel
Just as the jury was about to re-
tire after his charge had been COM
pleted It was in the Patterson case
that Judge Callahan refused to
grant an hours adjournment for
the purpose of permitting the medi-
cal expert employed by defense
counsel to reach the court, even
though he was advised that the
doctor was on his way; 1t was in
the Patterson case that Judge Cali
lahan late in the afternoon refused
to grant an adjournment until the
following morning for the purpose
of permitting the Ruby Bates tes-
timony, so vital to the defendant, to
reach the court house, even though
L exhibited telegram from the
court to the effect that said tes-
timony was in the mail, and even
though defense counsel agreed that
if such testimony did not arrive
at the court house by nine O'Clock
the next morning he would COM
plete his case without such testi-
mony. Ruby Bates deposition did
arrive at nine o'clock the next morn
ing, but Judge Callahan had closed
the case the night before and would
not permit 1t to be read. These
rulings, amongst others. on the part
Of Judge Callahan surely offered
the basis for a vigorous appeal and
we'll merited reversal.
Is it surprising that the Jury
brought in a verdict of guilty under
such circumstances One might well
ask whether the same things were
not repeated in the Norris case. No
it was not necessary. The jury in
the Norris case, which was tried
after the Patterson case, had the
Patterson verdict before it; that
was quite sufficient. In that case
therefore, the Ruby Bates deposi-
ton was allowed in; in that case
therefore, the color line was moi
raised in the charge but instead the
court very pointedly said when he
came to that portion Of his charge
II do not draw the color line" anc
in that case he even charged the
jury that they might find the de.
PENDANT not guilty if they were con-
WINGED beyond reasonable doubt
Of his innocence.
The striking of the motion fol
new trial and the striking Of
the bill of exceptions meant thai
the Alabama courts had decided