Evening star., 1947-05-20
Northern Votes
5tirs
Lynch Trial
Judge Angered, Calls
Statement Violation
Of RuciuI Issue Ban
By II. A..esiat.d Press

GREENvILLE, s. c., May 20.-
A defense attorney for Is white
men declared today the Federal
Government sought to use the
South Carolina mass lynching
trial ito get votes in the North
in a crucial election and added:
Willie Earle (the Negro lynch
victim) is dead, and wish more
like him were dead"
Judge j. Robert Martin, IT,,
thundered you conflne yourself to
my ruling against racial issues
or I'll stop you from arguing to the
jury"
II didn't refer to Willie Earle
as a Negro" John B. Culbertson,
a member of the Defense Council
protested
Il don't care what you referred
to, I'm warning you," the court,
retorted 1T is highly preiudicial."
Mr.. Culbertson then turned to the
jury and continued:
IF madSdog were loose in my
community I would shoot the dog
and let them prosecute me-"
Says Clark Orders Probe.
Earlier, Mr.. Culbertson remarked
that Attorney General Clark-"A
southern boy from Texas"-had
ordered the FBI to investigate the
Southern Carolina lynching.
IF Democratic administration
would do that to us what would a
Republican administration do? Could
it be- that they hope to use the
South to get votes in the North In
a crucial election?" he asked.
The defense counsel had opened
arguments today with sharp warn
ing that they may not plead "justi-
f1cation, mitigation or excuse" for
the Staying of Earle.
Bradley Morrah, jr.. counsel for
Socialite John Marchant, opened
the defense argument.
Shortly before the jury was
brought in, Judge Martin told de-
fense counsel, "You will not be per-
mitted by this court in your argu-
ments to the jury to inject any racial
issue"
Wouldn't Allow Mitigation.
The court said defense lawyers
would be free to quote In full or
in part from unsworn statements of
26 defendants, in which reference
was made to alleged admission Of
Earle that he fatally stabbed T. w.
Brown, 81, white taxi-driver.
But" he continued, II will not
allow In argument any attempt to
show justification, mitigation or ex-
cllse for the action Of any defendant
relative to matters in the i1dict-
ment."
Defense Attorney Thomas 'Wof-
ford was sharply overruled when he
protested that discriminating state
ments which the prosecution intro
duced show malice which the taxi
drivers had against this Negro, and
also show the motive in this case"
Mr.. Wofford was flushed and agi-
tated when he resumed his seat.
Checked by Judge.
Opening the main argument for
the defense, Mr. Culbertson de-
clared the lynching could have
been stopped mighty easy
Said Mr.. Culbertson: The night
this happened, every knowing per-
son in Greenville knew about it.
1t could have been stopped
The attorney was quickly checked
by Judge Martin, however, when
he referred to the case as South
ern" trial and attempted to de-
velop the theme.
The judge rebuked spectators for
comment and laughter during de-
fense arguments, and declared Il
will clear the court" II the dis
turbance recurred.
Mr.. Culbertson declared the State
had alleged ignorance and poor ed
ucation on the part of many defend
ants, but had omitted that II were
war veterans.
He criticized participation of the
FBI and said he recalled no other
case in South Carolina to inyesti-
gate "a local condition"
Refers to Hurd.
Defense Attorney Benjamin Bolt
told the jury the State had failed
to offer a single witness who testified
under oath that he saw Willie Earle
slain. Instead, he said, the State
relied solely on the unsworn state
ments Of the defendants themselves.
Mr.. Bolt referred to Roosevelt
Carlos Hurd, ST., alleged trigger
man." who fired the fatal gunshot
blasts, as poor old Carlos Hurd. a
mild-mannered man." who stood ac-
cused of conspiring to murder.
7 will not allow racial issues to be
injected In this case" Judge Martin
declared yesterday In absence of
the jury as the defense outlined its
planned arguments.
Nor" he added. will I allow the
alleged actions of the deceased, or
anything he may have done, to be-
come part of this proceeding"
Defense Objects.
Mr. Wofford, former assistant
United States district attorney, OBJ
jected He contended the State had
submitted in evidence numerous
statements which related that Earle
confessed stabbing Mr.. Brown.
There is not going to be any dis
clISSion ~ fhp i1fdpe reiterated