New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-06

her and November more 81 the same color were tired
and found guilty. Like the others, they were SEM Daeh
10 the Sheriff. and Teinstaed In their cel e."to' 81,
sSnfe5cs ici0tcrcr. No action tuLen by al!DOoy
about The matter. Ia Newcastle County the Levy vulL
County Commissioners suggested to thelF lesl
lint the expense Of maintaining these prisoners Mu5
considerable, and writ Of labeas corpus III VIC
state Court talked Of But the negroes were poor @
fienfess; they were probably guilty. ana deserve
punishment, and in this State there y FuO a,i VI y
ie opinion against innovations ana IcNuutul;i ="
community that still ustiAes the plliory ara Tiplnk
posi there are Of course, good many OF Us VIZ
a Tnixttic iuterlnrddicr II not public nuisance You
remember how 1t was with PaSsmoIe WILKINSON ~ "
VITA reference 70 the motives Of Tho Court II ls proper
90 cay that tie Judges doubtless WlNtu etGJ i ~
state laws In respect To the DISTINCTION u, IN
This situation OF arars, OF course piD ,I,c r,gnt
pronucuy 10 the notice Of he LeS4,i'tulo, % 49,, o.
,lI.ags Ind very few sensible Democrats bll was
rSt through near he close OF tho sssion pGyiang IN
elec. that for all penal olcnscs enforced nga'' "''
mon tolored Non Should suffer tho snme pcIal'y.
At the May Term Of Court, following tho PsSso "a
10 the nnnbcr Of probably 90 Is m the tbIce
lais 81 tie state. Some oi them hal Deeu
ian larceny. or RECEIVING stolen goods, were
as tacy vond have been when convicted u ti i''
the sale a But for larceny hlu @ US
stolen goods, the punishment for WLilt lhu II
We have previously stated, was cssetiy u.I'
was therefore held thar TO sentence them INV 40 49,
men would be in the nature Of an ez POST 1870
Isnot Ills q curious chapter in orr history lIow 90
you think SIMILAR proceeding would MCA' III 'i'o St
y -
lie action Of me Cort it seems plain. was induced 6y
fbr passage If the CIy Rights Act Whether tc Cohit
lryCd 10 constitutional Lot, It's Gelrtite 10 US @
visions the though " haN il fe'VEi'1
most perfect validity. The opinion u last wte ",
for. an the more supusnS when you understand ,n".
IL was al all necessary under Tie ,"t
IL WIS volunteered, excessive CbHtF dbnH. le ts va"
"A charge Of assault and battery DSdiist Moses iihh
ryltcl preferred Ivy Samuel Derry Uol0Icdl hhch
Assistant At;oucy-GeneTai Draper offered IciFyS tyi-
dcucc CUupCy', counsel for defense OlrtlrH 10 Ce-
In his tiOuy the ground that under Stc' mp
i07 Revised code, free TOCS o. nulHrcS chuhOt -
tily u competent white witness wa PieScIt d, ny
tine The fnrt charged Is alleged t0 have been tolum'"'
and it seemed that there suel Wle "l1e,s Pres
r.t I'm TIE I~rsOn Of John coAcc. Against thls, A,
Draper quoted shr Cyil Rights Act, requiring TIC Noui' -
10 receive tHc estimouy Ot C0lureu Withesfts
M Cuurys then attacked lie COuat tuboAaiy OF uat
net of Ccufss md spoie FOR laf 81 hour draper az
not reply, aId the consequently nor ~ Sue
Eat whru thr Court ruled. 10 admitted ue TESTIMONY 81
Derry On The ground that It was ittpih hshb Hl 'lT
(Dult 10 admit ihC Testimony ~ cOlnud prosecuting
witness precedent having been csuuLshcd ~ me cd'c
Of The state egt. Whitaker that Wien co"i'u l9n'
Wa % laiiy upon bonn Hn atNiit Luu "c'h tu'hl'
he WIS rtupttcIt 10 testify u WI De itdoly tttl i"s
n this Ic tha custom 10 H. directly in Tie Het oi tr pam
terms Of The law. quoted above GI "aH :" III t' ~
stance. 10 hrd iHs Irtu however, tlat IL "NhI, tL
possibility uI The indictment "f the Judges 10 TIE W
States Court for u!ruriOi 81 d." act az Congress '
IA addition Judge Glln fid INST ire question r"iaea ~
tine. H. therefore held that thc act % Congress 80 M
~, assut- torcguutr tlc rules ~ cyd, nee ul 9r Us
procedure 81 state Courts, 1888 absolutely Nole 10 lu7
opinion JUDGE NortltE curtUrcd, and Judge Mars MS
eitod uum u. The former Is btl"ciatj tAo l"t't =
Republican.
sropd Ills question be ever regularly decidrd by tho
Court AT .rtdl could O!} DC taken tu tlc court OF IT.
aid Appeals Utrc Tie same JUDGES We 49,, >.,' %"
oncrgatD. There would. Of ooufae, 10 no Fe'eio"i oi
GCC4tlUL.