Morgan County Bar Honors Judge James E. Horton II

On March 25, 1931 an Alabama Great Southern train left Chattanooga for Memphis by way of Huntsville. There were nine black males and four white males on the train "hoboing" the freight. The whites felt they should have the train to themselves and from Chattanooga to Stevenson threw rocks at the blacks. At Stevenson a fight ensued and the stationmaster called the Jackson County Sheriff. The sheriff then called the station at Paint Rock with orders to stop the train and "bring all the Negros to Scottsboro" for questioning as to an assault and attempted murder.

“The trial of the century”
The train also carried two females, Victoria Price and Ruby Bates, who wore dresses underneath men's coveralls. Victoria Price accused all of the blacks of raping her and her companion.

Within two hours of the alleged rape the women were examined by two physicians, Dr. Bridges and Dr. Lynch. Based on a lack of physical evidence, Dr. Lynch confronted the two women and accused them of lying about being raped. It seemed that the whole scenario was the product of Victoria Price's scheme so that she wouldn't be arrested for vagrancy, a charge often made against people who rode on trains.

When the case came to Decatur from Scottsboro (after the U.S. Supreme Court reversed the Scottsboro convictions for ineffective assistance of counsel), it was assigned to Judge James Edwin Horton II. Although a jury found Haywood Patterson guilty and fixed his punishment at death, Judge Horton was convinced that the verdict rendered was against the "great weight of the evidence" and granted the defendant's motion for a new trial. He did this despite the general opinion of his constituents that the conviction was appropriate and that the death penalty was justified. And, he did this in 1933 knowing he would have to run for re-election in 1934. Judge Horton was a man of conscience.

Dictated by conscience
He gave up both his career as a circuit judge and his dream to follow the law and do what his conscience dictated even though everyone around him, even his friends, urged him to "let the verdict stand and pass the problem on to the appellate courts." He lost the next election, in 1934, by a huge margin, and many considered him a disgrace.

Many years later the people of Alabama recognized him as a profile in courage and the epitome of what a trial judge should be, a man completely devoted to the rule of law who had no agenda but justice.

On August 28, the Morgan County Bar honored Judge Horton's character and contributions by dedicating a portrait and a plaque in his honor at the Morgan County Courthouse. The portrait was donated by the Yarbrough Law Firm. Dean John Carroll, of the Cumberland School of Law, which Judge Horton attended, was the keynote speaker.

Judge James Edwin Horton II will be remembered and honored as long as the Morgan County Courthouse stands.

--John Edmond Mays, president, Morgan County Bar Association, Decatur

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