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If that is true, they were denied due process [p74] of law and are entitled to have the judgments against them reversed.MR.
420, the Court said (p. 553):Many other questions of the deepest importance have been raised and elaborately discussed in the argument. But neither Mr. Roddy nor Mr. Moody has given any support to that claim. The judgments were affirmed by the state supreme court. A very rigorous and rigid cross-examination was made of the state's witnesses, the alleged victims of rape, especially in the cases first tried. Weems and Norris were tried first.
Alabama law required the appointment of counsel in capital cases, but the attorneys did not consult with their clients and had done little more than appear to represent them at the trial. These eight were found guilty. The chief justice, alone dissenting, did not find any contention for the accused sufficient, in itself, to warrant a reversal, but alluded to a number of considerations which he deemed sufficient, when taken together, to warrant the conclusion that the defendants did not have a fair trial. On March 25, 1931, nine African American males, seven white males, and two white females were riding in a \"gondola car\"—an open-air car—on a freight train traveling through Alabama. Their silence requires a finding that the claim is groundless, for if it had any merit, they would be bound to support it. They had procured, and were ready to offer, evidence to show that the defendants Roy Wright and Eugene Williams were under age. Blair v. United States, 250 U.S. 273, 279.
It must be inferred from the record that Mr. Roddy at all times was in touch with the defendants and the people who procured him to act for them. The convicted defendants took the three cases to the state supreme court, where the judgment as to Williams was reversed and those against the seven petitioners were affirmed.The Court, putting aside — they are utterly without merit — all other claims that the constitutional rights of petitioners were infringed, grounds its opinion and judgment upon a single assertion of fact. Instead of trying them en masse, the State gave four trials, and so lessened the danger of mistake and injustice that inevitably attends an attempt in a single trial to ascertain the guilt or innocence of many accused. Chief Justice Anderson thought the defendants had not been accorded a fair trial and strongly dissented. Haguenstein v. Lynham, 100 U.S. 483, 490. In March 1931, nine black men—Charlie Weems, Ozie Powell, Clarence Norris, Olen Montgomery, Willie Roberson, Haywood Patterson, Andrew (Andy) Wright, Leroy (Roy) Wright and Eugene Williams, later known as the Scottsboro Boys—were accused of raping two young white women, Ruby Bates and Victoria Price. Nothing before the Court calls for a consideration of the point. Mr. Moody and others of the local bar also acted for defendants at the time of the first arraignment, and, as appears from the part of the record that is quoted in the opinion, thereafter proceeded in the discharge of their duty, including conferences with the defendants. The two females alleged that they had been sexually assaulted by the African American males, and news of this accusation spread as the males were detained and, later, transferred to Scottsboro.
Weems v. State, 224 Ala. 524, 141 So. But the Court goes on to declare thatIf there had been any lack of opportunity for preparation, trial counsel would have applied to the court for postponement. The other defendant, Roy Wright, was tried last, and not convicted. Powell v. Alabama Dissenting Opinion by Pierce Butler — Court Documents; Case Syllabus: Opinion of the Court: Dissenting Opinion Butler: Linked case(s): 372 U.S. 335: MR. JUSTICE BUTLER, dissenting. 201. Milo Moody, an able member of the local bar of long and successful experience in the trial of criminal, as well as civil, cases. [p77]But no such denial is shown by the record.There were three painstaking opinions, a different justice writing for the court in each case. We do not regard the representation of the accused by counsel as pro forma. From Wikisource < Powell v. Alabama. Thus, in the Charles River Bridge Case, 11 Pet. [This refers to a remark in the dissenting opinion.]
Seven justices heard the cases.
The sheriff thought it necessary to call for the militia to assist in safeguarding the prisoners." During the course of the trip, a fight broke out between the males. Then five were tried. MR. JUSTICE McREYNOLDS concurs in this opinion.If correct, the ruling that the failure of the trial court to give petitioners time and opportunity to secure counsel was denial of due process is enough, and with this, the opinion should end. ... Justice Sutherland wrote the 7-2 majority opinion, overturning the convictions of the young black men and requiring that a new trial be held with the benefit of legal counsel appointed by the court. Patterson was tried next on the separate indictment. 195; Powell v. State, 224 Ala. 540, 141 So. This case was decided together with Patterson v. Alabama and Weems v. Alabama. The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion…