The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-07
LEGAL LOOPHOLES.
A Colored Murderer in North Carolina After
Being Sentenced to Death Succeeds in Having
His Case Transferred to the Federal
Courts-Ths Question Now in the
United States Supreme Court

RALEIGH. N. c., April Q, 1873.
There has just been published here the legal his
tory OF a murder case, which brings in conflict tho
State Courts and the United States Courts. and in
which, if the defendant is successful, the result
will be to destroy the Jurisdiction OF State Courts
in ruture In any similar case In the South. In De-
cember, 1885, while an assault and battery case
was tried by the Mayor OF Charlotte, an alterca-
ton occurred between man named II. Gleeson
and negro named Lee Dunlop. The circumstance
are that during the pending investigation Gleason
advanced and asked His Honsr.if he permitted GER.
'ain ihuecent language to be used In his Court,
referring 70 abusive words made use OF by Dunlop
10 man named Asher in the court room. The
negro Dunlop then became involved in q quarrel
with Gleeson, because Of the latter's complaint,
with the result that after Dunlop had applied to
Gleason the most horrible epithet known to our
tongue, he followed that up by drawing his piston
and shooting Gleason twice through the BODY.
from the effects OF which he afterwards died.
despatch to the HERALD gave the full details OF
the crime the day IL was perpetraeed and II was
characterized ut the time MS cold boOded assas-
sination in Mayors court room. AT the Spring
Grand Jury found u true bill against Dunlop for
murder but on the affidavit OF the defendant
that he could not get a fair trial In Mecklenburg
the case was removed by Judge Logan to Lincoln
county The trial came OF at tho Fail term 1870 OF
conviction of tie defendant, the jury rendlng q
verdict OF guilty OF murder, and Dunlop was soon
aiterward sentenced to be executed. The counsel
for the defendant appealed to the supreme csur
OF the State for a new trial on the ground
that Judge Logan, OF the superior Court, in
structed the jury inadvertently, it IS said, that
on an Indictment Tor murder they could
not find the prisoner guilty OF manslaughter-
Slim was the ground, the Supreme Court Of
the state did grant a new trial on the ostenlble
mistake OF the presiding Judge, and thus felOn
guilty OF most wlul, malicious and horrible MUIR
der, was allowed a new trial because OF either the
lnconpetency or the prejudice or the Superior
Court Judge Dunlop then made affidavit that he
n al
his instance the case was sent back to Mecklen-
burg to be tried at the Spring Term QS7D Of
A motion was made by the prisoners counsel to
transfer the case to the Circuit Court OF the
TO obtain this transfer Dunlop filed an atfldavt
in substance as follows THAT he Dunlop was a
colored man and an active republican; that
Gleason, the murdered man, was democrat; that
colOred men were summoned on jures; that by
reason OF his being former slave ne believed he
could not get justice in a State Court, and that
persistent efforts had been made to give the h0m-
eide political cast. His affidavit was brought
before the same Judge Logan who had sentenced
Dunlop, and nc decided that the prisoner had a
right to have his case moved to che Circuit Court
OF the United states. and ordered the removal Of
the Indictment accordingly. The Supreme Court
OF the State granted the transfer under the act Of
State Courts proceed no further until notified d
the action Of the Circuit Court OF the United States.
Under the act Of Congress OF March ls, 1863, the
Supreme Court held however, that 1t was an error
on the part OF Judge Logan to order the removal
OF the Indictment TO the United States Court, but
upon the construction of this act OF Congress, they
were OF the opinion that where the defendant
makes affidavit that he cannot obtain a aiI
trial, by OF prejudice, on account
the right to have the cause removed
TO the United States Circuit Court. SO the case
removed rom MecKlenburg county to the
United States Circuit Court at Raleigh. At the
June term, 1872 OF the Circuit Court, United States
Attorney, u. II. Starbuck, and Attorney General
Shlpp, on the part or the State OF North Carolina
made motion asking the cause to be remanded ia
Mecklenburg for trial, 1T appearing from the tran
script OF the record OF the Supreme Court OF that
At the September term 1872, oil the United States
Circuit Court, Judge Brooks presiding, the Court
refused the motion to remand. whereupon Star.
buck the record shows, on the part OF the United
States. took appeal TO the Supreme Court or the
United States. At the last session Of the LegislA
ture resolution was passed. authorizing the At
torney General OF North Carolina, on the part oil
the State, to prosecute the appeal In the Supreme
Court OF the Omitted states.
This is one OF the most important questions
which has yet arisen under the Civil Rights bill.
If II be decided that the United States Circuit
Court, under the act OF April, 1866, take jurs.
diction IN q case for the causes set forth IN this
article, then, under the sanction OF law, any fe0n
to the federal courts. The supreme Court Of the
state, In rendering Its decision in favor OF
mOvai OF the case says
.This is q result deeply to be regretted; but IL
grows out OF the supposed prejudice OF white cti-
zens, men, women aud children, against the
coored citizens and the Court can only say so the
law Is written.o
This case creates an unusual degree Of interest
in legal circles in this and other States.