The trial lasted about three-quarters of an hour, and in less than five minutes, the jury brought in a verdict of guilty of murder in the first degree. The petitioners say that Lee must have been killed by other whites, but that we leave on one side as what we have to deal with is not the petitioners' innocence ", "To this motion are attached two affidavits, one of Alf Banks, Jr., and another of William Wordlaw who testified to the fact that they were whipped, placed in the electric chair and strangled by something put in their noses to make them testify. The Supreme Court of the state twice reversed the conviction of other negroes charged with committing murder during the disorders of September, 1919. They argued that the accused were convicted under pressure of the armed mob, with blatant disregard for their constitutional rights, and that pre-trial publicity had prejudiced the proceedings. Stat . This committee published a statement, certainly not intemperate, about October 7th, wherein they stated the "ignorance and superstition of a race of children" was played upon for gain by a black swindler, and told of an organization to attack the whites. It was presented to the District Court on September 21. On November 3, the petitioners were brought into Court, informed that a certain lawyer was appointed their counsel, and were placed on trial before a white jury -- blacks being systematically excluded from both grand and petit juries. The trial was unusually short, but there is nothing in the record to indicate that it was illegally hastened. Considering all the circumstances-the course of the cause in the state courts and upon application here for certiorari, etc.-the District Court held the alleged facts insufficient prima facie to show nullity of the original judgment. But if the case is that the whole proceeding is a mask -- that counsel, jury and judge were swept to the fatal end by an irresistible wave of public passion, and that the State Courts failed to correct the wrong; neither perfection in the machinery for correction nor the possibility that the trial court and counsel saw no other way of avoiding an immediate outbreak of the mob can prevent this Court from securing to the petitioners their constitutional rights. Let us consider with some detail what was presented to the court below. Four of the defendants say that they never had a copy of the indictment served upon them, one had it only forty-eight hours before the trial. It should be remembered that to narrate the allegations of the petition is but to repeat statements from these sources. The case stated by the petition is as follows, and it will be understood that, while we put it in narrative form, we are not affirming the facts to be as stated, but only what we must take them to be, as they are admitted by the demurrer. In Frank v. Mangum, 237 U. S. 309, 237 U. S. 335, it was recognized, of course, that if, in fact, a trial is dominated by a. mob so that there is an actual interference with the course of justice, there is a departure from due process of law, and that, "if the State, supplying no corrective process, carries into execution a judgment of death or imprisonment based upon a verdict thus produced by mob domination, the State deprives the accused of his life or liberty without due process of law.". U.S. 309, 335 Years have passed since they were convicted of an atrocious crime. Please try again. The Supreme Court of the State twice reversed the conviction of other negroes charged with committing murder during the disorders of September, 1919. Banks v. State, 143 Ark. The doctrine is right and wholesome. The state of Arkansas argued a narrowly legalistic position, based on the United States Supreme Court's earlier decision in Frank v. Mangum (1915). Wrongly to decide the present cause probably will produce very unfortunate consequences. 2. According to affidavits of two white men and the colored witnesses on whose testimony the petitioners were convicted, produced by the petitioners since the last decision of the Supreme Court hereafter mentioned, the Committee made good their promise by calling colored witnesses and having them whipped and tortured until they would say what was wanted, among them being the two relied on to prove the petitioners' guilt. , for appellee it should be read the minority of the opinion the. Cause in the county it further resolved that a committee of four be appointed by the Governor fixed September for! The Moore case involved six blacks sentenced to various terms of use and policy... 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