1935 NY Times newspaper US Supreme Court RULES for a second new trial in the SCOTTSBORO BOYS CASE -  inv # 5Q-305

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SEE PHOTO----- COMPLETE, ORIGINAL NEWSPAPER, the NY Times dated April 2, 1935. This newspaper contains a prominent front page heading and long report of the US Supreme Court ruling for a second new trial in the SCOTTSBORO BOYS CASE in Alabama

The Scottsboro Boys were nine African American teenagers, ages 13 to 20, falsely accused in Alabama of raping two white women on a train in 1931. The landmark set of legal cases from this incident dealt with racism and the right to a fair trial. The cases included a lynch mob before the suspects had been indicted, all-white juries, rushed trials, and disruptive mobs. It is commonly cited as an example of a miscarriage of justice in the United States legal system.

On March 25, 1931, two dozen people were 'hoboing' on a freight train traveling between Chattanooga and Memphis, Tennessee, the hoboes being an equal mix of African-Americans and Caucasians. A group of white teenage boys saw 18-year-old Haywood Patterson on the train and attempted to push him off the train, claiming that it was "a white man's train". A group of whites gathered rocks and attempted to force all of the black men from the train. Patterson and the other black passengers were able to ward off the group. The humiliated white teenagers jumped or were forced off the train and reported to the city's sheriff that they had been attacked by a group of black teenagers. The sheriff deputized a posse comitatus, stopped and searched the train at Paint Rock, Alabama and arrested the black Americans. Two young white women also got off the train and accused the African American teenagers of rape. The case was first heard in Scottsboro, Alabama, in three rushed trials, in which the defendants received poor legal representation. All but 13-year-old Roy Wright were convicted of rape and sentenced to death, the common sentence in Alabama at the time for black men convicted of raping white women, even though there was medical evidence to suggest that they had not committed the crime.

With help from the Communist Party USA (CPUSA) and the National Association for the Advancement of Colored People (NAACP), the case was appealed. The Alabama Supreme Court affirmed seven of the eight convictions, and granted 13-year-old Eugene Williams a new trial because he was a minor. Chief Justice John C. Anderson dissented, ruling that the defendants had been denied an impartial jury, fair trial, fair sentencing, and effective counsel. While waiting for their trials, eight of the nine defendants were held in Kilby Prison. The cases were twice appealed to the United States Supreme Court, which led to landmark decisions on the conduct of trials. In Powell v. Alabama (1932), it ordered new trials.

The case was first returned to the lower court and the judge allowed a change of venue, moving the retrials to Decatur, Alabama. Judge Horton was appointed. During the retrials, one of the alleged victims admitted to fabricating the rape story and asserted that none of the Scottsboro Boys touched either of the white women. The jury found the defendants guilty, but the judge set aside the verdict and granted a new trial.

The judge was replaced and the case tried under a judge who ruled frequently against the defense. For the third time a jury—now with one African-American member—returned a guilty verdict. The case was sent to the US Supreme Court on appeal. It ruled that African-Americans had to be included on juries, and ordered retrials. Charges were finally dropped for four of the nine defendants. Sentences for the rest ranged from 75 years to death. All but two served prison sentences; all were released or escaped by 1946. One was shot while being escorted to prison by a Sheriff's Deputy and permanently disabled. Two escaped, were later charged with other crimes, convicted, and sent back to prison. Clarence Norris, the oldest defendant and the only one sentenced to death in the final trial, "jumped parole" in 1946 and went into hiding. He was found in 1976 and pardoned by Governor George Wallace, by which time the case had been thoroughly analyzed and shown to be an injustice. Norris later wrote a book about his experiences. He died in 1989 as the last surviving defendant.

"The Scottsboro Boys", as they became known, were defended by many in the North and attacked by many in the South. The case is now widely considered a miscarriage of justice, highlighted by use of all-white juries. Black Americans in Alabama had been disenfranchised since the late 19th century and were likewise not allowed on juries. The case has been explored in many works of literature, music, theatre, film and television. On November 21, 2013, Alabama's parole board voted to grant posthumous pardons to the three Scottsboro Boys who had not been pardoned or had their convictions overturned.

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