The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-06
rms cfvIL RIGnIs nm.
An tmpouan, Decision hv the Dnifed states
supreme Conrt.

WAsntNGruE, Oct. h.-fn the Supreme
Court to day NJ. Justice strong read an interest.
Ing ohini in on the construction of the Civil
Rights bill. II seems that John IuSen and Goo.
konnDrd had been convicted N the Circuit
Court for the Dlstrc. Of Kentucky for the mnr-
dor of Lucy Arm strong, colored. They had prv-
viously Teen held TO answer In the State courts,
but the Circuit Court claimed jurisdiction Of the
Gaze, becaure, by the laws vi Kentucky, the two
ucrons who faw the snurduf committed, a.
well as the ucttm. on account of their rdco and
color we're doDied the rieat to testify In the
state courts. the clause Of the Civil Rights act
ON will, h tnis CLAIM wa based gives the Circuit
Courtjursdic,on u causes "afecting persons
who are denied or cSnnot enforce in the courts
or judicial tribunals Of the state OF locality
where they may he any Of the rights secured to
thcm by the first section of the act" A verdict
OF guilty having been rendered In the Circuit
Court, motion was made in arrest Of iudg-
ment, On he ground that "thc facts stated IN
the indictment did not constitute pubic Of
fence within the jursdlc tion Of the court"
lhis motion was uVcttulcd aud an appeal was
Mr.. Justice strong said
We are brought to the question whether criminal
Villain tho meaning OF the rci OF Congrets ,rsons
Who may BE- eaiel TO iesufy therein Chyiou.iy, the
only PARTIES to such acuuee are the Government and
we pgIsys la9icted. IneH atone can DC t,sc.ed by
csn otnct cnarge Or amlnsh the personal relative,
m9p' rY rIn. o. any Others than tno.s who are var.
record such cas,-, however all of civil nature,
indictnen pfusecutcd by Ihe Uoyerninent against an
alleged or ninal Is cause IN which but The par.
tee can have any concern except what s common to
ali the nemntr. Of thu immunity. Those no may
ne det,n,r are no more affected by Il than Is every
Il wifno Dc thought that Toagres. intended 10 give
To the district aud circuit courts Jurisdiction over all
cautes BON CIV AMI criminal They have expressly
coni9ea u 70 eeuscs affecting certain persous Ana
80. and VINO may ali,gcd TO be important VII
Persons ELECTED ny IT, and IL the jurisdiction q the
Federal courts can DC invoked by the scrtion that
there are persons who may be witnesses but Who he
T. the courts OF tue state there IL no either civil
the opu9n Of eitier party take jurisdiction. Tne
statute of kentucky prOiu's The testimony of colOred
or criminal I, which ne may be pariv H. here
fore. thcy are crons Affected by the cause. whenever
ti nishi oe wiihosscs cte they competent to testify,
~ 70 lows that ia tui n,tNtcu while citizens Jurl-
aicion might be tikcu ui III. Federal courts wncn,yer
Rh be an iinport ant Witness hnd snch allegation
m ft always be maze SO IN ali criminal prosecutions
against witt persuts similar Allegation wOud call IN
10 enstcucc tAc Ike jlr-I,tiOh We Cannot think that
y $50 u would seem rather "a have been 20 AFFORD pro-
lection to persons 81 the cOiored rs lyu To the
Nmch might nJloueN affect them either IA tncir per
toAal relative. or property rights whenever they
ah1 assured 70 then by the hrst section o. me act
10 view - these consideratons are Of opinion that
the of April o. 1870 that the circuit Court lad
not jurisdiction OF the crime of murder committed Ia
who Witnessed the murder citizens OF the African
race, aud for that reason Incompetent by tie law Of
are p rsOns Affected OF the cause The juicm,nto ~
the Chcuit Court Is reversed.
The chief Justice was not present at the
araument' and lie has taken No pArt in the
decision.