Smyrna times., 1872-10-23

TnE DIsFRANcnIsING OF CoLoRED PEOPLE AT the
session OF the u. > Circuit Court of Wilmington
on W cdnesday last, Justices Strong Mckenua and
Bradford on the Bench, the case of u. =. vs. Arch
bald Given was called up aud Jury drawn. The
Jury was as follows: JAS Janvicr, Samuel McCIary
Henry G.. Banning, William y. Clark Samuel
PuSey, Alfred Belts, Thomas J. MahafTv, Curtis VI
Talicy, George w. Dorsey, Charles Green, Josiah
Ludden, Francis Barry. District Attorney Higgins
opened the prosecution by reading the statute laws
OF Delaware showing what duties were attached To
the position of Collector ana also the l4th and l5th
Amendments with the enforcement Act OF lo7U
governing all officers, State or otherwise, in the
matter o. allowing citizens, made under those
Amendments, thcIr rights and privileges as such
lie then proceeded 10 read the Indictment charging
IN various counts, Archibald Given, with wifuIy
and knowingly attempting to ahrldge the rights of
Absalom Black, Thomas Lockerman, VIM. Myers
Ihos. Grant, and john f. Howard. contrary 10 said
Amendments. and the Enforcement Act Of 1870
He proposed to prove that Black offered 10 pnv tax
and when directed to come TO defendants office
could not ind him, and that defendant returned hIr
as having left the State :" that as TO Myers Mr.
Given refused TO receive his tax, though offered
first by ycrs himself aud by his b. other fterw ards
and that said Myers returned as having "le(i
the Stlte;" so also with Chas Luckcrman Thos
Grant, and John +. Howard who attempted in vain
to pay their taxes and who were returned as having
left the State" lie then stated that such return
being made TO the Levy Court caused the names
Of those 20 be dropped from the assessment
lists, and thus disqualified them from voting
All the colnred men named above were examined on
oath before the Court but have not room for the
testimony. John l. Springer sworn as TO the
certified copy of error list being genuine one and
as containing the names marked OFT bv him in ac.
cordance with the order Of Levy Court, said order
being based on A. Giverls' return, as having left the
State, OF being dead. Henry +. Pckels, Edmund
Provost, Dr. John Cameron aud Edw. Challenger
also testified that they could not get the error list nt
New Castle county 10 examine IT, Mr. Given with.
holding it from them.
On ThursdIy the case was continued, and the
case for the defence opened by Mr. Whitelcv
by stating that the question was one az T. whether
Archibald Given, Ms charged IN the indictment, had
the intent and dId carry out such intent so as 10
deprive certain Men from enjoying certaln privileges
on account OF race color. He stated that the de
fence intended to prove from the acts Of A. Given
that he made all due exertIons to find these men
VINO are new feature IN the elective system Of this
state; that those men named in the ind icment
were especAlly sought for. a number of witnesses
were examined To prove this. The argument in
The case was then commenced behalf of the
prisoner by Mcssrs Whilecy and Blyard, and
closed by Mr.. Spruance for the Government.
Judge Strong charged the jury. lie charged
Them that Congress has no power to compel State
officers TO perform act not required bv the State,
but where they are required Congress may take
Judicial cognzance Of the facts in order to prevent
the indirect assaIlmcnt of rights guaranteed by the
Constitution. lie charged that omission to col
lect or receive tax is offence against the United
States It done with view To discriminate as TO
race color and with n false return if made
willingly. These principles the jury must a1ply to
the facts.
The jury retired at 6l o'clock and at 10 returned
verdict of guilty.
Mr.. Bayard at once entered motion in arrest of
judgment.
The penalty for tho offence Of which tho prisoner
is convicted is fine Of $500, or imprisonment, at
the discretion OF tho court from one month to one
year, or both.
Given's bond was increased from $1,000 to $4,000,
Benjamin Pierce becoming surety. The 25th OF
October was fixed 10 hear the argument the
motion to arrest judgment.