The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-07-21
GheGtrtelliqenrer:
The Case Of Taylor strauder.

Inc supreme Court OF Appehl5 yesgeL-
day granted q new trial to the negro,
Taylor strauder, who, ss Ia well known,
was under sentence Of death for the muir.
der Of his wife in April 1872. The case
Is familiar to our readers as regards the
iSctS connected with the murder, and the
trlaland conviction Of strauder, and Is only
oi general interest now on account Of the
points raised by his counsel in their sp.
plicatlon for o writ Of error, and the
ground upon which new trlal has been
ordered by the Court Of Appeals. srRAu.
DIR was indicted at the May term Of the
Circuit Court in 1872 and his case was
continued over, first, to the following No
Vember term, and then TO the May term
ol 1873, ct which term be was tried and
convicted Of murder in the first degree
and afterwards sentenced by Judge MEI.
VIM 10 be hung. At the trial his counsel
raised the point that he had not been ex-
smined before the County Court, as rsquir.
ed by an act oitho Legislature passed in
the month preceding, viz, on the Sd Of
April, 1873. Judge MELVIN held that this
act did not apply TO sTRAuDRR's case, in
asmuch as he had been indicted and ar.
raigned before the act was passed, viz,
in May, 1872, nearly year before. To
this ruling the counsel for STRAuDRR
took exceptions, and in their argument
oil the case before the Supreme Court, 1t
constituted their first reason, in the series
which they assigned, why their client
should have new trial. Curiously
enough, their first reason was held good
and sufficient one by the Court for new
trial, and accordingly the case was sent
back to the County Court for preliminary
examination, precisely as 1.-THE case was
an entirely new one, or, In other words,
Just as II STRAuDER had committed the
murder only yesterday. The act OF the
Legislature passed April 81, 1873, re-
quires that "beiore any person charged
with felony is tried before q Circuit Court,
he shall be examined as hereinafter pro-
vided, unless by his assent, entered Of
record In such court, such examination be
dispensed with" The Supreme Court
held that the language Of this act admit.
ted Of no exceptions, and that although
STRAUDRR had been indicted and ar.
raigned even before the new Constitution
was adopted, (under which this act Of the
Legislature was passedl yet he was Just
as much entitled TO the benefits OF the act
asitit had been in operation on the day
ol the murder. sai.
Having remanded tho case on this
ground, 1t was not necessary for the court
to go on and express any opinion as TO
the other interesting points raised by
STRAuDER's counsel, one Of which was
land the one that gave the case peculiar
!nteresO as 10 the effect of the 9th section
Of the Fourteenth amendment 10 the
Constitution OF the United States, or, more
properly speaking, the effect Of the Civil
Rights Bill enacted in pursuance OF that
amendment, on the law OF this State
which prohibits colored men from serving
on jury. Happily for our Democratic
friends the court was not compelled to
meet this issue, and by meeting 1t per.
haps split the party to pieces. The case
was thrown out OF court on the point
named, and thus not only has sTRAUDER
been saved from the gHllows, for the time
being, but likewise also the Democracy.
The counsel for STRAUDER have now
got their case in very peculiar position.
Itmust come before the County Court in
September for preliminary hearing and
cannot be tried before November. Al
that trial, in case Of q conviction, his
counsel will no doubt agSin resort to the
Supreme Court Tor stay Of execution
on the ground Of the unconstitutionality
Of the West Virginia law excluding COL
ored men from juries, and in case a re-
bearing Is denied them on this ground.
they will no doubt carry the case to the
U. 8. Circuit Court, and from there II
may reach the Supreme Court Of the
United States, and at last become as "a
NOUS as the case Of Dfed Scott.