Price and Bates may have told the police that they were raped to divert police attention from themselves. and sentenced to 75 years. Leibowitz questioned her until Judge Callahan stopped court for the day at 6:30. The Supreme Court suggests that lower courts review Patterson's case. the sheriff and is sentenced to 20 years. Soon a lynch mob gathered at the jail in Scottsboro, demanding the youths be surrendered to them. The case went to the United States Supreme Court on October 10, 1932, amidst tight security. Nine African American boys were charged with rape. to 75 years in prison. On cross-examination he testified that he had seen "all but three of those negroes ravish that girl", but then changed his story. [31] On cross-examination, Roy Wright testified that Patterson "was not involved with the girls", but that "The long, tall, black fellow had the pistol. Judge Callahan allowed it, although he would not allow testimony by Patterson stating that he had not seen the women before Paint Rock. "[119] New York City Mayor Fiorello H. La Guardia had dispatched two burly New York City police officers to protect Leibowitz. While appeals were filed, the Alabama Supreme Court issued indefinite stays of executions 72 hours before the defendants were scheduled to die. In 1937, the state dropped all charges for Willie Roberson, Olen Montgomery, Eugene Williams, and Roy Wright, who had already been in prison for six years. Judge Callahan repeatedly interrupted Leibowitz's cross-examination of Price, calling defense questions "arguing with the witness", "immaterial, "useless", "a waste of time" and even "illegal. Price in [17] As the Supreme Court later described this situation, "the proceedings took place in an atmosphere of tense, hostile, and excited public sentiment. right to The Supreme Court overturned the convictions on the basis that they did not have effective representation. 30 days. September: Patterson is sentenced to six to fifteen years in prison after being convicted of manslaughter. Ruby Bates took the stand, identifying all five defendants as among the 12 entering the gondola car, putting off the whites, and "ravishing" her and Price. "[83], In his closing, Leibowitz called Wright's argument an appeal to regional bigotry, claiming talk about Communists was just to "befuddle" the jury. "[125], After the case was remanded, on May 1, 1935, Victoria Price swore new rape complaints against the defendants as the sole complaining witness. [38], This trial was interrupted and the jury sent out when the Patterson jury reported; they found him guilty. On July 26, 1937, Haywood Patterson was sent to Atmore State Prison Farm. FBI arrests Patterson, but African-American newspapers published news accounts and editorials of the events of the case. convictions. Lewis, Femi. [78], Haywood Patterson testified on his own behalf that he had not seen the women before stopping in Paint Rock; he withstood a cross-examination from Knight who "shouted, shook his finger at, and ran back and forth in front of the defendant. They say this is a frame-up! To this motion, Attorney General Thomas Knight responded, "The State will concede nothing. On the date first set for their executions, the Scottsboro boys listen to the execution of Willie Stokes, the first of ten blacks to be executed at the prison over the next ten years. Leibowitz made many objections to Judge Callahan's charge to the jury. His appointment to the case drew local praise. May 27: The United States Supreme Court decides to hear the case. "[12], In the Jim Crow South, lynching of black males accused of raping or murdering whites was common; word quickly spread of the arrest and rape story. (2021, July 29). "[60], Leibowitz asserted his trust in the "God-fearing people of Decatur and Morgan County";[60] he made a pretrial motion to quash the indictment on the ground that blacks had been systematically excluded from the grand jury. Weems, "[102], Patterson claimed the threats had been made by guards and militiamen while the defendants were in the Jackson County jail. "[109] He instructed the jury that if Patterson was so much as present for the "purpose of aiding, encouraging, assisting or abetting" the rapes "in any way", he was as guilty as the person who committed the rapes. Irwin "Red" Craig (died 1970) (nicknamed from the color of his hair) was the sole juror to refuse to impose the death penalty in the retrial of Haywood Patterson, one of the Scottsboro Boys, in what was then the small town of Decatur, Alabama. Chamlee moved for new trials for all defendants. The judge and prosecutor wanted to speed the nine trials to avoid violence, so the first trial took a day and a half, and the rest took place one right after the other, in just one day. "[91] He routinely sustained prosecution objections but overruled defense objections. When, after several hours of reading names, Commissioner Moody finally claimed several names to be of African-Americans,[95] Leibowitz got handwriting samples from all present. The National Association for the Advancement of Colored People (NAACP) and other civil rights groups joined the ILD that year to form the Scottsboro Defense Committee, which reorganized the defense effort for the next set of retrials. The other five were convicted and received sentences ranging from 75 years to death. As to the "newly discovered evidence", the Court ruled: "There is no contention on the part of the defendants, that they had sexual intercourse with the alleged victim with her consent so the defendants would not be granted a new trial."[53]. What did Samuel Leibowitz suggest to the court about Victoria Price's story? He was paroled in New York State in 1950. Norris later wrote a book about his experiences. He remained in contact with Montgomery throughout the years. History, Scottsboro Boys Museum. June: The sentences given to Norris, Andy Wright, and Weems are affirmed by the Alabama Supreme Court. Callahan denied the motion. Clarence Norris, Charlie Weems, Haywood Patterson, Olen Andy Wright was convicted and sentenced to 99 years. Knight questioned them extensively about instances in which their testimony supposedly differed from their testimony at their trial in Scottsboro. One letter from Chicago read, "When those Boys are dead, within six months your state will lose 500 lives. All articles are regularly reviewed and updated by the HISTORY.com team. "[67] Her answers were evasive and derisive. November 17: Weems is released on parole. These organizations provide support to the nine young men and their families. Judge Hawkins then instructed the jury, stating that any defendant aiding in the crime was as guilty as any of the defendants who had committed it. [75], Train fireman Percy Ricks testified that he saw the two women slipping along the side of the train right after it stopped in Paint Rock, as if they were trying to escape the posse. 30 days. The National Guard Captain Joe Burelson promised Judge Horton that he would protect Leibowitz and the defendants "as long as we have a piece of ammunition or a man alive. July 23 - 24: Ozie Powell's rape charges are dropped. When she responded that the Communist Party had paid for her clothes, any credibility she had with the jury was destroyed. Femi Lewis is a writer and educator who specializes in African American history topics, including enslavement, activism, and the Harlem Renaissance. The indictment could be made with a two-thirds vote, and the grand jury voted to indict the defendants. [74], Leibowitz began his defense by calling Chattanooga resident Dallas Ramsey, who testified that his home was next to the hobo jungle mentioned earlier. Pollak argued that the defendants had been denied due process: first, due to the mob atmosphere; and second, because of the strange attorney appointments and their poor performance at trial. "[55], He pointed out that the National Guard had shuttled the defendants back and forth each day from jail, and that, this fact alone was enough to have a coercive effect on the jury. Montgomery, The other defendants waited in the Jefferson County jail in Birmingham for the outcome of the appeals. ThoughtCo. It was addressed more to the evidence and less to the regional prejudice of the jury.[118]. June 22: Patterson's conviction is set aside by Judge Horton. [100], Orville Gilley's testimony at Patterson's Decatur retrial was a mild sensation. [92] The prosecution countered with testimony that some of the quotes in the affidavits were untrue and that six of the people quoted were dead. Governor Graves interviews Scottsboro boys. Patterson pointed at H.G. A crowd of thousands soon formed. by Governor He said that he had seen both Price and Bates get on a train there with a white man on the morning of the alleged rape. Solicitor H. G. Bailey reminded the jury that the law presumed Patterson innocent, even if what Gilley and Price had described was "as sordid as ever a human tongue has uttered." [69] Some wondered if there was any way he could leave Decatur alive. is dismissed. The Supreme Court overturned the Alabama verdicts, setting an important legal precedent for enforcing the right of Black Americans to adequate counsel, and remanded the cases to the lower courts. On March 25, 1931, after a fight broke out on a Southern Railroad freight train in Jackson County, Alabama, police arrested nine Black youths, ranging in age from 13 to 19, on a minor charge. During the following cross-examination, Knight addressed the witness by his first name, "John." The two years that had passed since the first trials had not dampened community hostility for the Scottsboro Boys. though "[81] As to Wright's reference to "Jew money", Leibowitz said that he was defending the Scottsboro Boys for nothing and was personally paying the expenses of his wife, who had accompanied him. During the Decatur retrial, held from November 1933 to July 1937, Judge Callahan wanted to take the case off "the front pages of America's newspapers. However, Patterson's case is not included in the argument because of filing date technicalities. The U. S. Supreme Court agrees to review the most recent reversal are He said he saw the white teenagers jump off the train. March 24: The Alabama Supreme Court upholds the convictions of seven defendants in a vote of 6-1. [116], Closing arguments were on December 4, 1933. [66] The defense had what she had said before under oath on paper, and could confront her with any inconsistencies. July 22 - 23: Charley Weems is convicted and sentenced to 75 years. It was as if the exclusion was so ordinary as to be unconscious. -one boy was nearly blind -one boy had Syphilis -Price's boyfriend testified that she had been with him the night before -no live semen found during medical evaluation Daren Salter, Scottsboro Trials, Encyclopedia of Alabama. Clarence Norris, who received a pardon from Governor George Wallace of Alabama in 1976, would outlive all of the other Scottsboro Boys, dying in 1989 at the age of 76. July 24: The rape charges against Olen Montgomery, Willie Roberson, Eugene Williams, and Roy Wright are dropped. Judge Hawkins declared a mistrial. After hearing [37] The jury quickly convicted Patterson and recommended death by electric chair.[38]. Callahan limited each side to two hours of argument. The Court concluded, "the motion to quash should have been granted. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial. defeated in his bid for re-election. v. A fight broke out, and the black . How many boys did Alabama set free during the fourth trial? Considering the evidence, he continued, "there can be but one verdictdeath in the electric chair for raping Victoria Price. Haywood is charged with murder. In January 1935, the Supreme Court again overturned the guilty verdicts, ruling in Norris v. Alabama that the systematic exclusion of Blacks on Jackson Country jury rolls denied a fair trial to the defendants, and suggesting that the lower courts review Pattersons case as well. Samuel S. Leibowitz, a New York lawyer, is retained by the He grew up in New York, and then went to college and law school at Cornell . Haywood Patterson's second trial begins in Decatur before Alabama Governor Bibb Graves commuted Norris sentence to life imprisonment in 1938, and denied pardon applications by all five convicted defendants that same year. Victoria Price worked in a Huntsville cotton mill until 1938, then moved to Flintville, Tennessee. January 5: A letter written from Bates to her boyfriend is uncovered. [43], Judge Hawkins set the executions for July 10, 1931, the earliest date Alabama law allowed. Leibowitz put on the testimony of Chattanooga gynecologist, Dr. Edward A. Reisman, who testified that after a woman had been raped by six men, it was impossible that she would have only a trace of semen, as was found in this case. The Birmingham News described him as "dressed up like a Georgia gigolo. In the question of procedural errors, the state Supreme Court found none. Horton ordered a new trial which would turn out to be the third for Patterson. [11] The posse brought the women to the jail where the accused were being held, and they identified them as their attackers. [citation needed], During closing, the prosecution said, "If you don't give these men death sentences, the electric chair might as well be abolished. By this time, the case had been thoroughly analyzed and shown to be an injustice to the men. He was reported to have died in Atlanta in 1974. Judge Callahan arraigned all the defendants except the two juveniles in Decatur; they all pleaded not guilty. [54] He wrote, "While the constitution guarantees to the accused a speedy trial, it is of greater importance that it should be by a fair and impartial jury, ex vi termini ("by definition"), a jury free from bias or prejudice, and, above all, from coercion and intimidation. What you can do now is to make sure that it doesn't happen to some other woman." Having reviewed the evidence and met privately with one of the medical examiners, Judge Horton suspended the death sentence and granted Patterson a new trial. [26] The prosecution ended with testimony from three men who claimed the black youths fought the white youths, put them off the train, and "took charge" of the white girls. cases. In an opinion written by Associate Justice George Sutherland, the Court found the defendants had been denied effective counsel. Lewis, Femi. . He did so within the next year, and reportedly died in Alabama in 1975. The ILD spearheaded a national campaign to help free the nine young men, including rallies, speeches, parades and demonstrations. This sentence was a negotiation between the foreman and the rest of the jury. 16. "[81], Leibowitz objected and moved for a new trial. [98] She said they raped her and Bates, afterward saying they would take them north or throw them in the river. Governor Graves had planned to pardon the prisoners in 1938 but was angered by their hostility and refusal to admit their guilt. He instructed them, "Where the woman charged to have been raped is white, there is a strong presumption under the law that she will not and did not yield voluntarily to intercourse with the defendant, a Negro. [47] The Party used its legal arm, the International Labor Defense (ILD), to take up their cases,[48] and persuaded the defendants' parents to let the party champion their cause. [63] The judge abruptly interrupted Leibowitz.[64]. A widely published photo showed the two women shortly after the arrests in 1931. . Leibowitz read the rest of Bates' deposition, including her version of what happened on the train. As news spread of the alleged rape (a highly inflammatory charge given the Jim Crow laws in the South), an angry white mob surrounded the jail, leading the local sheriff to call in the Alabama National Guard to prevent a lynching. [129][130], Most residents of Scottsboro have acknowledged the injustice that started in their community. Clarence Norris was the only defendant finally sentenced to death. Leibowitz recognized that he was viewed by Southerners as an outsider, and allowed the local attorney Charles Watts to be the lead attorney; he assisted from the sidelines. January: Andy Wright and Clarence Norris are released on parole. The nine young men are taken to Scottsboro, Ala. "The Scottsboro Boys", as they became known, and their case have been thoroughly analyzed. All the jurors agreed on his guilt, but seven insisted on the death sentence while five held out for life imprisonment (in cases like this, that was often an indication that the jurors believed the suspect was innocent but they were unwilling to go against community norms of conviction). judge James The only drama came when Knight pulled a torn pair of step-ins from his briefcase and tossed them into the lap of a juror to support the claim of rape. He got Dr. Bridges to admit on cross-examination that "the best you can say about the whole case is that both of these women showed they had sexual intercourse. He had never lost a murder trial and was a registered Democrat, with no connection to the Communist Party. Price accused Eugene Williams of holding the knife to her throat, and said that all of the other teenagers had knives. [134], In early May 2013, the Alabama legislature cleared the path for posthumous pardons. This trial began within minutes of the previous case. The jury found the defendant guilty of rape and sentenced Patterson to death in the electric chair. The defense moved for another change of venue, submitting affidavits in which hundreds of residents stated their intense dislike for the defendants, to show there was "overwhelming prejudice" against them. 1931. It ruled that African Americans had to be included on juries, and ordered retrials. The Scottsboro cases are removed from Judge Horton's Speaking of the decision to install the marker, he said, 'I think it will bring the races closer together, to understand each other better. [81] Wade Wright added to this, referring to Ruby's boyfriend Lester Carter as "Mr. Caterinsky" and called him "the prettiest Jew" he ever saw. Chief Justice Anderson's previous dissent was quoted repeatedly in this decision. But Judge Callahan would not let him repeat that testimony at the trial, stating that any such testimony was "immaterial. "[79], Just after the defense rested "with reservations", someone handed Leibowitz a note. [124], Alabama Governor Bibb Graves instructed every solicitor and judge in the state, "Whether we like the decisions or not We must put Negroes in jury boxes. At nine on Thursday morning, April 9, 1931, the five defendants in Wednesday's trial were all found guilty. Scottsboro boys are nearly lynched by crowd of over 100 3 days How long did the first trial last? Washington The defense had urged for a move to the city of Birmingham, Alabama, but the case was transferred to the small, rural community of Decatur. This second landmark decision in the Scottsboro Boys case would help integrate future juries across the nation. Thus far in the trial, Ruby Bates had been notably absent. gathered around In 2013, the Alabama Board of Pardons and Paroles voted unanimously to issue posthumous pardons to Patterson, Weems and Andy Wright, bringing a long-overdue end to one of the most notorious cases of racial injustice in U.S. history. the prosecution asked for life imprisonment. on the grounds that he was a juvenile under state law in They said the problem was with the way Judge Hawkins "immediately hurried to trial. He also argues that names added on the current rolls were forged. Roy Wright's jury could not agree on sentencing, and was declared a hung jury that afternoon. Callahan sustained a prosecution objection, ruling "the question is not based on the evidence."[115]. Thomas Knight, Jr. by now (May 1935) Lieutenant Governor, was appointed a special prosecutor to the cases.[126]. ", Ruby Bates was apparently too sick to travel. privacy, Home. Early in 1936, Patterson was convicted for a fourth time, but sentenced to 75 years in prison. 4. During prosecution testimony, Victoria Price stated that she and Ruby Bates witnessed the fight, that one of the black men had a gun, and that they all raped her at knifepoint. officially pardoning and exonerating all nine Scottsboro "[72] Paint Rock ticket agent W. H. Hill testified to seeing the women and the black youths in the same car, but on cross-examination admitted to not seeing the women at all until they got off the train. Supreme Court. [86] "There ain't going to be no more picture snappin' round here", he ordered. Black Americans in Alabama had been disenfranchised since the late 19th century and were therefore not allowed on juries, which were limited to voters. in the He was sentenced to 20 years. [108], Judge Callahan charged the jury that Price and Bates could have been raped without force, just by withholding their consent. Samuel Leibowitz was born in 1893, the son of Romanian Jewish immigrants who came to America to escape anti-Semitism. Victoria Price's suit against NBC for its movie "Judge to The four had spent over six years in prison on death row, as "adults" despite their ages. 1931 What year did the Scottsboro story begin? Alabama failed to provide adequate assistance of counsel as tried However, G. Mennen Williams, governor of Michigan does not extradite Patterson to Alabama. she "[4] The Court ruled that it would be a great injustice to execute Patterson when Norris would receive a new trial, reasoning that Alabama should have opportunity to reexamine Patterson's case as well. Norris Executions are stayed pending appeal to Alabama Supreme Clarence Norris, the oldest defendant and the only one sentenced to death in the final trial, "jumped parole" in 1946 and went into hiding. Wright. The foreman unfisted a moist crumpled note, handed it to the clerk. 30 days. "[80], Her dramatic and unexpected entrance drew stares from the residents of the courtroom. Charlie Weems was paroled in 1943 after having been held in prison for a total of 12 years in some of Alabama's worst institutions. "[101] Gilley testified to meeting Lester Carter and the women the evening before the alleged rapes and getting them coffee and sandwiches. The first two times that he did so, Leibowitz asked the court to have him alter his behavior. When the jury returned its verdict from the first trial, the jury from the second trial was taken out of the courtroom. [citation needed], Olen Montgomery testified that he had been alone on a tank car the entire trip, and had not known about the fight or alleged rapes. Ruby Bates failed to mention that either she or Price were raped until she was cross-examined. (Credit: Wikipedia) The case unfolded with astounding rapidity. Clarence Norris, the last surviving Scottsboro boy, dies because African Americans were excluded from sitting on the The issue of the composition of the jury was addressed in a second landmark decision by the U.S. Supreme Court, which ruled that race could not be used to exclude anyone from candidacy for participation on a jury anywhere in the United States. It is commonly cited as an example of a legal injustice in the United States legal system. The whites went to a sheriff in the nearby town Paint Rock, Alabama, and claimed that they were assaulted by the Black Americans on the train. discuss a He called the jury commissioner to the stand, asking if there were any blacks on the juror rolls, and when told yes, suggested his answer was not honest. Alabama Pardon Board declines to pardon Patterson and She accused Patterson of shooting one of the white youths. [106], Knight declared in his closing that the prosecution was not avenging what the defendants had done to Price. Thomas Knight maintained that the jury process was color blind. He supplied them with an acquittal form only after the prosecution, fearing reversible error, urged him to do so. When asked if she had been raped on March 25, 1931, Bates said, "No sir." all nine boys after accusations are made by Victoria Price Clarence Norris is pardoned by Alabama Governor George at the prison over the next ten years. Judge Callahan cautioned Leibowitz he would not permit "such tactics" in his courtroom. This recantation seemed to be a severe blow to the prosecution. In the first set of trials in April 1931, an all-white, all-male jury quickly convicted the Scottsboro Boys and sentenced eight of them to death. He is granted a new trial. On March 25, 1931, Victoria Price and Ruby Bates were travelling in men's overalls, hoboing aboard a Southern Railroad freight train, when it was met by a heavily-armed posse in Paint Rock,.
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