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Decatur in Morgan County, Alabama — The American South (East South Central)
 

"Scottsboro Boys" Case Landmark Decisions
⎯⎯⎯
Judge James E. Horton Jr. Hailed for Legal Courage

 
 
"Scottosboro Boys" Case Landmark Decisions side of the marker image. Click for full size.
Photographed by Duane and Tracy Marsteller, August 2, 2020
1. "Scottosboro Boys" Case Landmark Decisions side of the marker
Inscription.
"Scottsboro Boys" Case Landmark Decisions
A series of racially charged trials where nine African American males ages 13 to 20 were falsely accused of raping two white women on a freight train in Alabama produced a pair of landmark civil rights decisions by the U.S. Supreme Court in the 1930s.

After all-white juries in Jackson County convicted the "Scottsboro Boys,” attorneys for the International Labor Defense (ILD) guided the defendants' appeals. They argued that the trial judge had failed to appoint adequate counsel for the accused men. The Supreme Court agreed in Powell v. Alabama (1932) to a constitutional right to a competent defense.

A change of venue moved trials to Decatur, where New York attorney Samuel Leibowitz assumed the role of lead counsel for the defense. Retrials by all-white juries also ended in convictions. On appeal, the ILD successfully argued for reversal, showing that blacks had been excluded from jury duty in Morgan County. The high court ruled in Norris v. Alabama (1935) that a defendant must receive a trial by a jury of one's peers.

Judge James E. Horton Jr. Hailed for Legal Courage
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Judge James E. Horton, Jr., who presided over Haywood Patterson's highly publicized retrial in Decatur in 1933, gained widespread acclaim for his courage in voiding the conviction. Horton cited a lack of evidence to corroborate the accusations of rape and granted a new trial. Under intense pressure from the state's attorney general and chief justice, Horton stepped down from the case. He lost re-election in 1934 but was comforted by carrying his home county of Limestone by a large margin. Horton's decision is quoted in a courtroom plaque in Athens: "So far as the law is concerned it knows neither native nor alien, Jew nor Gentile, black nor white. This case is no different from any o ther. We have only to do our duty without fear or favor"
 
Erected 2018 by Alabama Historical Association.
 
Topics and series. This historical marker is listed in these topic lists: African AmericansCivil RightsLaw Enforcement. In addition, it is included in the Alabama Historical Association series list. A significant historical year for this entry is 1932.
 
Location. 34° 36.429′ N, 86° 59.034′ W. Marker is in Decatur, Alabama, in Morgan
Judge James E. Horton Jr. Hailed for Legal Courage side of the marker image. Click for full size.
Photographed by Jimmy Emerson, August 23, 2026
2. Judge James E. Horton Jr. Hailed for Legal Courage side of the marker
County. It is on Ferry Street Northeast south of Cain Street Northeast, on the right when traveling south. Marker is located in park behind Morgan County Courthouse. Touch for map. Marker is at or near this postal address: 326 Ferry St NE, Decatur AL 35601, United States of America. Touch for directions.

Regionally, this marker is in North Alabama. It is also in the American South, specifically in the Deep South, in Appalachia, and specifically in Southern Appalachia. Globally, it is in North America, a Gulf of Mexico state, the Western Hemisphere, the Western World, and the Anglosphere. Historically, it finds itself in what was once the original Cherokee Nation, the territory of the Mississippian Culture, one of the Confederate States of America, and the Antebellum South.

Other nearby markers. At least 8 other markers are within walking distance of this marker: Morgan County World War II Memorial (a few steps from this marker); Morgan County Confederate Memorial (within shouting distance of this marker); World War One (within shouting distance of this marker); Korean War (within shouting distance of this marker); Decatur Vietnam War Monument
"Scottosboro Boys" Case Landmark Decisions side of the marker image. Click for full size.
Photographed by Duane and Tracy Marsteller, August 2, 2020
3. "Scottosboro Boys" Case Landmark Decisions side of the marker
(within shouting distance of this marker); A County Older Than The State, Morgan County (within shouting distance of this marker); First Presbyterian Church (USA) (approx. Ό mile away); First Baptist Church Decatur, Alabama (approx. 0.3 miles away). Touch for a list and map of all markers in Decatur.
 
Also see . . .
1. History Channel article on the Scottsboro Boys. (Submitted on August 4, 2020.)
2. Scottsboro Boys - Wikipedia article. (Submitted on September 4, 2020, by Byron Hooks of Sandy Springs, Georgia.)
3. Norris v. Alabama - Wikipedia article. One of the cases decided by the United States Supreme Court that arose out of the trial of the Scottsboro Boys. (Submitted on September 4, 2020, by Byron Hooks of Sandy Springs, Georgia.) 
 
"Scottsboro Boys" Case Landmark Decisions / Judge James E. Horton Jr. Hailed for Legal Courage Marke image. Click for full size.
Photographed by Jimmy Emerson, August 23, 2026
4. "Scottsboro Boys" Case Landmark Decisions / Judge James E. Horton Jr. Hailed for Legal Courage Marke
 
 
Credits. This page was last revised on August 26, 2026. It was originally submitted on August 4, 2020, by Duane and Tracy Marsteller of Murfreesboro, Tennessee. This page has been viewed 1,156 times since then and 72 times this year. Last updated on August 25, 2026, by Jimmy Emerson of Dalton, Georgia. Photos:   1. submitted on August 4, 2020, by Duane and Tracy Marsteller of Murfreesboro, Tennessee.   2. submitted on August 25, 2026, by Jimmy Emerson of Dalton, Georgia.   3. submitted on August 4, 2020, by Duane and Tracy Marsteller of Murfreesboro, Tennessee.   4. submitted on August 26, 2026, by Jimmy Emerson of Dalton, Georgia. • Devry Becker Jones was the editor who published this page.
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Sep. 3, 2026