Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1865-09-09
LOCAL N Z w s.

County COURT. BY JURY
In the County Court, yesterday, a decision
was rendered upon subject of CONSTITUTIONS
law involving an entire change IN the judicial
nroceedings of the Commonwealth in the trial
If negroes, charged with offences less than
homicide or. other offences punishable with
DEATH The case came on in this wise. a
negro. known as Sonny Waters, was on
Thursday convicted of stealing $ll60 from
another negro man, Clayborne Banks, and SEN
fenced to two years imprisonment in the pen
iteniary. The Court tried him according to
the provisions of the Code Of Virginia and of
course without a jury-Waters' counsel, T. L.
Smith and S. F. Beach, Esqs., reserving all
pleas relative to the jurisdiction.
The counsel Immediately uponth announce
ment of the sentence moved to arrest the Judg-
ment of the Court, and the motion came up
yesterday for argument.
Messrs. Beach and Smith contended that the
accused being free man was not subject to be
deprived of his liberty, but after having had
fair trial, being confronted by witnesses, de-
Tended by counsel and tried by jury. This IN
der the bill of Rights Of Virginia.
The counsel asserted that free negroes had
been tried by jury from the origin Of the
Commonwealth, until in 1882 the law was
changed, so as to place free negroes and slaves
upon the same footing in this respect.
W. Wlloughby, Esq, Commonwealth
Attorney, opposed the motion, urging that the
question had been adjudicated and that the
same law which made the five gentlemen on
the bench court, at ALL prescribed the
method by which that Court should try free
negroes The right Of the law Of Virginia,
thus to create Courts of Oyer and Terminer
had been acknowledged by the judicial tribu-
nails of the whole country, and never been
questioned until now.
Mr.. T. L. Smith urged, in reply, that what
ever may have been former practice or former
decisions, the case before the Court was this
the law of the legislature was in contraventlon
higher law, the bill of rights, which had been
made part Of the Constitution.
The Court Justices Mckenzie, Daw,
Harmon, Carlton and Taylor,) decided that
judgment should be arrested, In accordance
with the motion Of Waters counsel,-Justice
Cotton dissenting and declaring he was opposed
to the decision.
The Commonwealth Attorney said the
decision had placed him in singular position
Under the decision of the Court he was with
out the means of bringing one class of offenders
tojustice
In response to questions of the Presiding
Justice, many members Of the bar expressed
the opinion, that under the ruling Of the Court
no law existed by which negroes could be tried,
at all, for offences not homicide or punishable
with death. Others expressed adverse views
The Presiding Justice thought that, at least
they could keep the negroes in jail until law
was made to suit their case.
The counsel tor Waters waived their right to
demand his discharge, at this time, with the
understanding that if there was no further &C
ton before the Court closed, he should be then
discharged
HE MARKET, this morning, was tolerably
supplied. but there is no decline in prices. and