Black Man Goes Against the Odds in Rape Case in Southern U.S.

By: Sean Joudry Located in the southern United States, is Maycomb, Alabama. In this small town, Tom Robinson, a black man, husband, and father of two is on trial for his life for the crime of rape. The accuser is Mayella Violet Ewell, the 19 year old daughter of Robert E. Lee Ewell. The crime of rape is a capital offense in the United States of America, meaning that if Tom is found guilty, he will be executed. The crime in question took place in the evening of November 21, 1935 on the Ewells property, which is located on the outskirts of the town, and close-by to the county dump. The defense attorney for Mr. Robinson is Atticus Finch, a lawyer who resides in Maycomb. The prosecutor attorney is

Horuce Gilmer, who has been brought in from out of town for the trial. The Honorable Judge John Taylor is presiding over the courtroom. The first witness called to the stand was Mr. Heck Tate, Macombs sheriff. Mr. Tate was the first to arrive at the scene after the alleged crime. Tate recalled how Mr. Ewell ran up to him claiming that some black man had rape his daughter. Both men then went back to the Ewell household where Tate said he found Mayella lying on the floor. She had fainted before Tate arrived, but regained consciousness soon after he entered. She told the sheriff that Tom Robinson assaulted and raped her. Mr. Tate retrieved Robinson and brought him down to the Ewell house to be identified where Ms. Ewell verified that he was her attacker. Atticus Finch, the defense, asked Heck Tate 3 times anyone called a doctor to check Ms. Ewell out, all of which he answered No to. Tate explained that Mayella was badly injured on her right eye. He recalled that when he arrived at the house, she was beginning

to get a black eye, and she had marks located all around her throat. The next witness called to the stand was Robert E. Lee Ewell, the father of the alleged victim, along with seven other children. Mr. Ewell said that he hear Mayella screamin like a stuck hog inside the house. He claimed that he then went to the window and saw that [black man] yonder ruttin on my Mayella. Ewell then pointed directly at the accused, Mr. Robinson. This scandalous statement caused an uproar among the packed courthouse of Maycomb, with both the white observers, and the black ones separated and sitting in the courts balcony. Mr. Ewell said that he saw Robinsion having intercourse with his daughter from the window. Mr Gilmer then asked him what the room looked like. Ewells responded, Well, it was slung about, like there was a fight. Mr. Ewell declared that when he ran towards the door, Robinson ran out before he got to it, but Ewell claimed he got a good look at him and saw who he was. He then [ran]

for Tate as quick as [he] could. Gilmer declared he had no further questions for the witness, but then Attricus Finch stood up to take his turn with Mr. Ewell. Finchs first question for Mr. Ewell was, [Did you] run for a doctor?, and Ewells answer was the same as the sheriffs, no. The defense then verified whether or not Ewell agreed with the sheriffs testimony of his daughters injuries. Mr. Ewell said that he agreed with everything that Mr. Tate said. Finchs next question was whether or not Robert Ewell could read and write. This caused Horuce Gilmer to object calling the witnesss literacy irrelevant to the case. Judge Taylor over-ruled this due to Finchs insisting that he would show the court why his question had meaning. Ewell was then handed a piece of paper and a pen, on which he signed his name. There was a murmer in the courtroom, to which Ewell responded by asking what was so interesting. Youre left handed Mr. Ewell. It was later recognized that since Mayella Ewells injuries were on the right side of

her face, her attacker would have led with his left hand. The next witness called to the stand was the accuser, Mayella Ewell. She tried to explain what happened on November 21, but burst into tears, claiming that she was afraid that Mr. Finch would do to her like he done to [Mr. Ewell], trying to make him out left handed. The judge calmed her down, and she began again. She explained that Mr. Robinson was walking by the house when she asked him to chop a wardrobe. She recalled, I went in the house to get him the nickel and I turned around an fore I knew it he was on me. According to her he grabbed her around the neck and threw her to the floor before taking advantage of her. Mr. Gilmer verified that Tom Robinson took. Mr. Atticus Finch then rose to ask some questions, but Ms. Ewell accused him of mocking her because he was referring to her as Miss Ewell and Maam. The accusation was dismissed by the judge. Finch found out that Mayella went to school for about three

years, and that she was the eldest of the Ewell children. When asked about her friends, she looked puzzled at to what Mr. Finch was talking about. Next the defense asked if she loved her father. He does tollable, cept when-, she then stopped talking. Except when hes drinking, Finch finished for her. He questioned whether her father ever went after he when he was intoxicated. He never touched me, she said firmly. Finch then brought up Tom Robinson. When asked if November 21 was the first time that Robinson walked onto Ewell property, Ms. Ewell said, Yes it was. Mr. Finch then moved on to the actual assault itself. When he asked the accuser if she remembers him hitting he, she announced, I just dont remember, I just dont remember It all happened so quick. With that, the witness broke into tears. Mr. Finch asked his client to stand up. The courtroom then

Ms. Mayella Ewell.

saw that Mr. Robinsons left arm was drastically shorter than the other due to it being caught in a cotton gin at a young age, making it useless. Finch wondered how Tom Robinson could have raped her with his handicap. Next the defense asked her if she wished to reconsider her testimony, but she denied this request. Finch then asked a very forward and to the point question. Who beat you up? Tom Robinson or your father?... Why dont you tell the truth child, didnt Bob Ewell beat you up?. She essentially ignored his question and just said that Tom Robinson took advantage of her, and called the jury yellow stinking cowards if they didnt do anything about it. With that, she left the stand. After a 10 minute recess, the accused, Tom Robinson, took the stand. Mr. Atticus Finch first asked Robinson if he had ever been in trouble with

the law before, to which he responded yes. He engaged in a fight with a man armed with a knife. He had to serve time in prison because he couldnt pay the fine of being charged with disorderly conduct. With this out of the way, Finch began to question him

The defense, Mr. Atticus Finch, and the accused, Mr. Thomas Robinson.

about Mayella Ewell and if he knew of her before November 21. Yes suh, I had to pass her place goin to and from the field every day I picks for Mr. Link Deas, he explained. He told the court that he would tip his hat to her as he walked by, and one day in the spring, she asked him to chop up a chiffarobe for her. He

told her No maam, there aint no charge, and then he went home. From this point forward in time, he said that Everytime I passed by yonder shed have somethin for me to do. He decided to help her out because Mr. Ewell didnt seem to help her non, and neither did the chillun. When questioned whether he ever walked onto the Ewells property without an invitation, he spat out, No suh, Mr. Finch, I never did. I wouldnt do that suh. Next Mr. Finch asked the question that the entire courtroom was waiting for, he asked Robinson what happened on November 21, 1935.Mr. Finch, Tom Robinson began, and then recalled that he was heading home, and was walking by the Ewell place just and it seemed real quiet to him. Then Ms. Ewell called him onto the property, and said that she had something for him to do inside of the house. She

said there was an old door that had to be fixed, but Robinson pulled [the door] backn forth and those hinge, was all right. And this point, he realized the children werent around, Mayella Ewell responded by saying she sent them all into town for ice cream. Since the door was in order, Robinson told Ewell that he better get going, but then Ewell asked him to get a box down off of a chiffarobe. So I done what she told me, he explained, and I was just reachin when the next thing I knows she- shed grabbed me around the legs, Mr. Finch. Tom then claimed Robert Ewell yelled You goddamn whote, Ill kill ya directed at Mayella. When Finch asked Robinson if he raped Mayella Ewell, the entire courtroom held its breath. I did not, suh. Tom firmly stated. Next Mr. Gilmer rose to question Robinson. [Are you] strong enough to choke the breathe out of a woman and sling her to the floor?, he asked. Robinson claimed he never did that, but admitted he probably could. When asked why he held Ms. Ewell out for

free, he said, I was just tryin to help her out, suh I felt right sorry for her, she seemed to try moren the rest of em. This seemed scandalous to the courtroom and Mr. Gilmer who sneered back, You felt sorry for her, you felt sorry for her?. Gilmer then went over Robinsons story of the night in question. Since his story and Ms. Ewells did not match, he asked if he was accusing Mayella Ewell of lying. Shes mistaken in her mind he told. Mr. Gilmer sat down and with the courts permission, Mr. Atticus Finch stood up. The defense attorney described the situation of this case. I shall be brief, but I would like to use my remaining time with you to remind you this case is not a difficult one. He was trying to sway any remaining jury members at the last moment. This case should never have come to trial. He brought up the fact that there was not one iota of medical evidence that the crime of rape took place. He brought up the fact that all of the testimony from Mayella and Robert Ewell conflicted with Tom Robinsons, and that convicting him on only

their word is not fair, stating all of the witnesss answers had been flatly contradicted by the defendant. The final verdict will be tomorrows issue of The Chronicle Herald.