White men and white women were also on the train, for the same reasons as the Scottsboro boys. As one of the white men were walking towards the back of the train, on the top, he stepped on a hand of a colored man who was hanging off the side. This started a fight, a rock throwing fight, and the colored succeeded in forcing all of the white men off besides one, which was pulled into the train before he could be killed by the speed of the train. At the next train stop, the police awaited the black men on the train. The white men who were forced off went to the police, claiming they were attacked by a black gang on the train. Nine men were caught and thrown into the prison at …show more content…
The prosecution saw that there were four blacks in the jury and used peremptory strikes to get rid of them for an all-white jury. Peremptory strikes can not be challenged. The defense fought to show that the prosecution used those strikes in a matter of race, which was prohibited in the Batson v. Kentucky case, but the prosecution proved it was not race based. The all white jury convicted Timothy of murder and gave him the death penalty. Timothy wanted a new trial regarding the notes of the prosecution, in which he felt showed the race base decision of the selection of the jury. The Georgia Supreme Court sent it to the U.S. Supreme court and they denied certiorari. Certiorari is a written command of a higher court that reviewed the choice of a lower court. Timothy then petitioned for a writ of habeas corpus. A writ of habeas corpus is a request to get a person from prison to the court to decide if the person should be held or released. Timothy was not released, for he failed to provide actual evidence proving the racism of the prosecution. Racism has not been eliminated from the people of this world and used against others more often than not. This case is an example. Even though it was not proven, racism was used to get rid of those four black jurors. Timothy wanted to prove that, but was not able to. Proof yet again that the whites word is taken into more consideration than