Imperial Valley press., 1935-11-07
MOVEMENT TO
DISMISS CASE
GROWS APACE

BIRMINGHAM, Ala, Nov. !.
U.p)-A growing sentiment in Ia
vor Of nol-prossing the Scotts-
boro assault cases is evident in
Alabama.
Some citizens advocate execution
of the defendants, others declare
they do not care what disposition
is made of the case, but all agree
they want to rid the state OF the
notorious trial as quickly as posi-
BILE.
Sentiment for dropping the cases
has grown steadily since the United
States Supreme Court ordered Ala
bama counties to add the names OF
Negroes to jury lists.
It is feared that further prose-
cution of the charges that nine
Negroes attacked two white girl
''hoboes" aboard freight train In
jackson county on March 81, 1881,
will result in a ruling even more
Objectionable to AlabamanS.
There are other reasons for the
feeling of repugnance toward the
cases. First is publicity that Is
felt to be unfavorable to the state.
Citizens are outspoken in their re-
sentiment of the entry of northern
lawyers"
Second there is the high cost OF
the trials. A bill asking the state
to appropriate and give to Jackson
and Morgan counties $4,000 to re-
pay the expenses of the trials was
introduced in the legislature this
year. 1t passed, but the appro-
priation was cut to $4,000.
Prosecution Goes Forward
Meanwhile the state is going for
ward with it's plans to bring the
Negroes to trial A special session
of the Jackson county grand jury
will be called within the next week
or 10 days, it is believed.
That body will be selected from
jury list which contains the
names of Negroes, but there is only
probability that any Negro will
be chosen.
The Negro population of Jackson
(Scottsboro) county is less than
any in the state, and the number
of Negroes drawn for jury service is
certain to be correspondingly small.
In Morgan CDecatur) county,
where the Negroes will be tried, the
Negro population is larger, and
three Negroes are now serving on
the grand jury. But Negroes have
shown a marked disinclination to
serve on juries in the state and It
is certain that no Negro would wish
to sit on a jury that will try the
Scottsboro defendants.
Negroes Unlikely to Serve
1t is expected that if any are
called they will excuse themselves
and the state is expected to use
some of its peremptory challenges,
If necessary, to remove any Negro
from that jury.
The Jackson county grand jury
will act on warrants sworn early
this summer by Mrs. Victoria Price,
one of the alleged victims, which
charged nine Negroes with criminal
assault against her. Ruby Bates,
the other purported victim, repud-
lated her testimony at the Decatur
trial, and deposition testimony was
used in her absence from the third
trial.
Once the Negroes are indicted, a
special session of the Morgan coun-
ty circuit court Is expected to be
convened, and the defendants prob
ably will go on trial late this
month.
Fourth Trial for One
1t will be the fourth time Hay
wood Patterson has been tried, and
the third trial for Clarence Norris.
Patterson has had two death SEN
tence convictions reversed by the
United States Supreme Court, and
one conviction was reversed by an
Alabama trial judge.
The indictments will be returned
In Jackson county, because the su-
preme court ruling held the indict-
ments were invalid as they had
been returned by a grand jury from
which members of the defendants
race were Systematically excluded.
They were granted change of
venue from jackson to Morgan
county after the first trial, and 1t
will be necessary to try them in the
latter county.
Two of the defendants have been
remanded to the jurisdiction of
juvenile courts, and while they too
are expected to be indicted, they
will not be tried with the others.
1t has not yet been indicated
whether all will be tried or whether
severances will be granted. Sever
ance was granted after the first
trial. AS a result, all the defend
ants except Norris and Patterson
have been held in Jail here pending
the outcome of the supreme court