Arizona sun., 1949-03-04
Brooks Loses Fight, Sent Back To Dixie
CALF. COURT BATTLE
FAILSALABAMA NEGRO
By HELEN TAYLOR.

Brooks, Negro CIO Warehouseman,
was on his way back to Alabama
today-his pleas for deliverance
from the vengeance of Southern
prison guards unheeded by Cover
nor Warren or California courts,
The 80 year old Negro was the
center of a statewide campaign to
halt his extradition carried ON by
the Civil Right; Congress, CTO
WarehouSemen's Union, yIndepen-
dent Progressive party'S and scores
of other groups. 9I1
Thousands of signatures on petit
,tionS were sent Gov. Warren urg-
ing him not to sign extradition pa
pers that would send Brooks back
to the South to serve out 1O-year
prison sentence for allegedly steal
ing bicycle.
COURT BATTLE FAILS
Brooks escaped from a chain gang
in 1943 after serving three months
of the sentence.
Gov. Warren cOldly refused the
pleas and signed the papers. Since
then, Brooks attorney, George Cor
don, has carried ON a series of court
battles in a desperate effort to free
him.
But last Wednesday, Federal
Judge Campbell Beaumont deliv-
cred Brooks into the hands of
waiting Alabama sheriff'S deputy.
Gordon argued before the judge
for two hours, pointing to rulings
by the u. S. Supreme Court which
clearly state that sentences impoS-
ed when defendants are denied
counsel are void.
Trial documents from Alabama
prove Brooks was not permitted an
attorney.
"And do you realize" Gordon said
to. the judge, that this man may
actually face death in Alabama if
he returns?"
The judge snapped, irritably,
"that is a statement which is be-
yond your province as an attorney
to make"
The Alabama sheriff's deputy
snickered as the judge reproved
Gordon.
Then the Judge said, "I think the
place for this to be determined is
in Alabama courts"
APPEAL DENIED
After the judge denied Gordon'S
plea for a writ of habeaS corpus,
the attorney asked the judge to is
sue a restraining order so as to per-
NIT an appeal to the California SUI
preme court.
The judge pondered the request
in silence for several minutes while
courtroom spectators and Brooks,
who sat tensely on a chair just in
side the court railing, waited In
suspense.
"Tm convinced this is a matter
for Alabama courts..." the judge
said finally, "and besides, if / grant
stay it will mean keeping the de-
fendant here.
"As well as the Alabama agent"
he added, his forehead puckered
with concern for Alabama's con-
venience.
"These people will have to stay
here while you 60 to the state SUI
preme court and then possibly to
the u. S. Supreme Court"
HURRY UP
Gordon interrupted to point to a
case in New Jersey where man
facing similar extradition had been
permitted to stay In that state for
u months while his case was de-
cided in higher courts.
Brushing this aside, the judge
stood up and declared he would
grant neither the writ nor the re-
quest for a stay.
As soon as the. judge stepped
from the bench, the burly Alabama
agent jumped to his feet, started
toward Brooks and growled, IAN
right, you, get up"
Brooks rose heavily, his Shout
ders slumped, sad, defeated look
on his face.
Before the Alabama deputy could
take his arm, however, Hy Orkm.
head of the minorities COMMITTEES
for the CIO WarehOusenen'S I'm
ion, had reached Brooks side and
held out his hand.
The young Negro graSped II,
looked at Orkin in silence for q few
seconds, then slowly turned away.
He now will go to Montgomery,
Ala, where he will be taken before
Gov. James Folsom, then removes
to state prison.
Margie Robinson, head OF me
Civil Rights Congress. minOrities
committee, said she has talked ON
the long distance phone to Leon
Weiner, the congress- Southern re-
gional director.
Weiner, she said, viii meet
Brooks train when II arrives in
Montgomery. and will obtain an
attorney who will, imnediately
start proceedings to free Brooks
This fight is not finished by any
MEANS" Mrs. Robinson said. 1he
Civil Rights Congress is a national
organization and we win not stop
until we have gone to the highest
court in the country. 49,.
"The Negro people," she added,
will not forget that It was primar-
Ay Governor Warren who sent jos
eph Brooks back to Alabama. II
Brooks Is killed by Southern prison
guards. Governor Warren win be
responsible"