The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1934-10-31
LEIBOWITZ LAUDED
LID. AS ONLY GROUP
ABLE TO SAVE BOYS
Telegram Sent to Brodsky by Chamlee on Appeal
Data Condemns Himself, LebOwitz
And Amsterdam News

New York Herald Tribune and the
Daily Worker of December 2, 1888.
This meant that by the courts
direction a motion for a new trial
had to be filed on or before Deem
Der %, 1898, and in order to make
it doubly sure, the task of finally
determining the last day for the fl
ing of this motion was assigned to
Mr. Chamlee.
On December %, 1888. Mr.. Cham
lee sent the following telegram to
Mr.. Brodsky; the message is set
forth verbatim:
Dec 2e 1888 AM IL 81
Joseph Brodsky
100 5 Ave NYC
Patterson motion for new trial
ought to be filed by December
twenty nine and continued until full
regular motion can be prepared and
filed wire me what to do at once
G w CHAMLEE"
The motion for new trial was
fled on December 20, 1888, as di-
rected by Mr.. Chamlee; I applied
to Judge Callahan for eontinu-
ance, and the latter, over his own
signature, continued the motion to
January 9th; thereafter Mr.
Fraenkel, who had in the meantime
been retained by the International
Labor Defense to take charge of
the appeal, advised Judge Callahan
that he had been informed BY Mr..
Kingsberry, court stenographer,
that the minutes of the trial would
not be ready until the end of Jan
uary, 1884, and requested a further
continuance of the motion for a
new trial, which again was granted
over the signature of the judge, and
February oath was finally fixed as
the date for the hearing on that
motion.
Mr.. Leibowitz was advised of all
of these proceedings and never
raised any objection thereto.
On Feb. "a Mr.. Fraenkel ap-
peared at the Decatur court room
to argue the motion for a new
trial, and then and there Attorney
General Knight, who had prose
cuted these cases, moved to strike
the motion upon the ground that
the original motion for a new .tria
had been filed too late; he argued
that the motion for a new trial
should have been filed by Dec. %
1888, since that was the end of the
court term at which Patterson was
tried.
Mr.. Fraenkel called to the courts
attention the fact that it hac
granted thirty days within which
to file the motion for a new trial;
that this direction was fully re-
ported in the press; that the at
tempt to raise legal technicality
for the purpose of denying a de-
PENDANT facing the electric chair 9
proper opportunity for appeal was
outrageous; that any attorney hac
right to rely upon the courts in.
struction and direction.
Judge Callahan granted the At
torney Generals request to strike
out the motion for new trial, rul.
ing that regardless of what he hac
earlier done or said, he had M
power to grant an extension beyonc
the term of court which expired on
Dec. %.
No claim was made at that time
either by Mr.. Leibowitz or Mr.
Chamlee that either the I. L. D. Of
any of its attorneys had been guilty
Of any negligence in regard to thit
matter; no such claim could b.
honestly made.
The fact is that the date upor
which the motion was fled, lie. Dec
%, 1888, was the date fixed by Mr.
Chamlee Gas is shown by the photo
static reproduction OF his telegram
appearing on this page, who fol
many years has been a practitionel
in the Alabama courts as well as il
the courts of other Southern states
and was presumably familiar with
local procedure and practice: ne.
elect, then, if any, should lie a
the door of Mr.. Chamlee, and still