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o- Gs a va! 19 (Rev. 12-9-66) fee gee es Ta) Bot only we wa] , Juries found td be highly discriminatory; the state bal j was_slzo ‘found “we be stubborniy. resisting the He | | necessary changes. Ng Ee | "For oyer four scofe pears,” ax Justice Fe. ' | rete for the Court, fhe leew hes provided “that™ -petit jury from which Negroes weré excluded by reason of their race.” But some Georgia authori- of Appeals had thrown out previous convictions | { im these cases on the ground that sithough 45. per cent of the population of the county was | the memory of the witnesses, Despite this reversal the state used the old dis- credited jury ligts once more-in the new trial It left jury commissioners free to select prospective . jurors from segregated tax rolls on the basis of personal acquajntance. Bias is inevitably built into. such a system, and the continued use of ‘tt nag gests studied defiance of the law. =" -. The Supreme Court resisted a plea trom co that the defendants be freed because of these ; circumstances instead of being sent back for a_ | | new trial. Retrial, of course, is the customary” how far the retrial process may be carried in cases at this sort where the state appears determined prevent a fair trial. These men were first con- .wicted of murder in 1960. After the cases bave, ‘gone three times before the Supreme Court new; ‘trials must begin all over again. } f The least that can be said is that this is a sad, commentary on the constitutional guarantee of “a. speedy and public trial by an impartial jury.” ‘game point the courts may haye to decide whe ‘repeated trials before discriminatory juties, the accused remain in prison, are themselves ‘Anvasion of constitutional rights. ; er sla , erates a Be ea a 370 EX-104 5 i.23.09 Sanaa f PeO¢E Styne Vv a conviction cainot stand # Ht is based on se. Lies simply refuse to recognize this fact. The Court - Negro, ao Negro had ever served om a jary within ' practice. A grave question arises, however, as te- Sullivan The Washington Post Times-Herald — ft | jz . The Washington Daily News The Evening Star (Washiggion) —_ The Sunday Star (Washington) Daily News (New York) Suiday News (New York) New York Post The New York Times World Journal Tribune (New York} ———___, —__ The Sun (Baltimore) The Worker —____ es The New Leader The Wall Sueet Journal The National Observer —_ People’s World JAN 2 1967 ” Date SS Ga-27¢0 Os ap NOT RDCORDED 191 FEB 9 1967 ey p Tavel — mam, 8 ‘Trotter —— Tele. Room Holmes —__-—_—__