A New Trial Denied.
Type of event: Legal Proceedings
Location: Minnesota; United States
Citation:
Minnesota Messenger, June 23, 1922, page 3.
“A New Trial Denied”
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A NEW TRIAL DENIED
NEW TRIAL DENIED IN
DULUTH
ASSAULT CASE
Max Mason was denied a new trial last week by the Supreme Court of
Minnesota which had his appeal under advisement. Attorney F. L. Barnett argued
his case several months ago.
STORY OF THE CASE.
THE MAX MASON
CASE.
Atty. F. L. Barnett called at The Messenger office and gave the following
statement of the Max Mason case:
The Max Mason case, appealed from the trial
at Duluth, was argued orally before the Supreme Court of Minnesota, Wednesday,
by Atty. F. L. Barnett of Chicago, representing Max Mason, appellant, and Warren
E. Greene, county attorney of Duluth, representing the State.
The case was
taken under advisement and an opinion will be rendered later. In his argument,
Mr. Barnett contended that the statement of the case by the prosecuting
witnesses was wholly insufficient to justify a verdict; that no reasonable
identification of Max Mason was shown by the evidence; that Max Mason was
indicted after he had been compelled to testify against, himself, and that the
evidence presented by the state, not only raised a reasonable doubt, but
actually proved that no rape had been committed.
The concluding efforts in
this case give evidence of splendid race loyalty to victims of race prejudice.
Max Mason and five others were indicted for rape alleged to have been committed
upon a white woman on a circus ground in Duluth, in June, 1920. The result of
that charge was the arrest of seventeen men on the morning after the alleged
rape. Three of the arrested men were lynched that night with indescribable
brutality, and the whole city of Duluth was thrown into riot and turmoil for
three days. Thirteen other colored men were held in jail for several day –
then seven were discharged by the Grand Jury and six were indicted for rape. In
April, 1921, the indicted men were called to trial. As the prisoners were all
poor, the colored people of Duluth determined to secure for them the benefit of
a proper defense.
The splendid spirit of race loyalty Duluth branch of the
National Association for the Advancement of Colored People. Under
administrations of Messrs. George B. Kelley, George H. Adams and Robert Newsome,
presidents of the local association, more than $1,300 were raised by this
recently organized branch and applied to payment of expenses of the trial of the
cases. This small body of race loving people retained F. L. Barnett of Chicago,
C. W. Scrutchins of Bemidji, Minn., to assist R. C. McCullough in the trial of
the cases. Wm. Miller was acquitted–the four other indicted men were
discharged without trial, and only Max Mason was found guilty. Out of thirteen
men originally held for the rape all were discharged except mason the local
branch decided to provide expenses of the appeal, and within ten days raised one
hundred and fifty dollars to guarantee payment of the transcript of the
evidence.
After the local branch had paid all the expenses up to the trial
of the cases and paid for the record to take the appeal to the Supreme Court,
the Branch referred further financing of the appeal to the National
Organization. This great organization which had acknowledged contributions
specially for the Duluth cases, and of the contributions received had expended
$100.00 towards the defense fund. In perfecting the appeal printing of the
record, costs of traveling and other incidentals, a deficit of more than two
hundred dollars must be met, which represents actual cash expended independent
entirely of the expenses of F. L. Barnett and R. C. McCullought, who are the
attorneys who have prosecuted the appeal.