The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-06
UNITED STATES SUPREME COURT.

UNIFIED 0lAlEo 0UIhEME COUhl.
THE CIVIL RIGHTS BILL OF 1SG6-coNsTRUC-
oN-JURIsDIcTIoN- EVIDENCE.
No 80 December Term, 1871. John Blyew and
George Kennard, plaintiffs in error VS. The United
States in error TO the Circuit Court for the District OF
Kentucky-Mr Justice Strong delivered the opinion OF
the Court as follows:-To indictment charging the
murder Of one Lucy Armstrong coored the defendants
pleaded specially that before IL found they had
been in the custody Of the autho Of the State and
after examination, had been held to answer for tho
killing Of Lucy Armstrong, which the same
offence as that charged in the Circuit Court,
but, on demurrer, the plea was ovcrruled,
and the case went to trial upon the issues found
by replication to the plea Of not guilty During the
progress Of the trial tho Court sealed several excep
ons the admission Of evidence offered by the United
States and verdict OF guilty having been returned,
motion made In arrest Of judgment, which the
Court also overrued The ground alleged for this mo-
ton that 'thc facts stated the Indictment did
not constitute public offence within the Jurisdiction Of
the Court" There thus three questions presented
by the record. They are
Frst-Whether the Circuit Court had Jurisdiction OF
the offence charged in the Indictment;
standardization the Court erred in sustaining the
demurrer to the defendants special plea; and
TAtrd-Whether the evidence 70 which tho defend
ants objected should have been received
Addressing ourselves 70 the hrst Of these questions
It may be remarked that clearly the Circuit Court had
no jurisdiction Of the crime Of murder committed
within the district u Kentucky unless was conferred
by the third section or the or Congress OF April
1885, entitled, AN act 70 protect ali persons in the
United States in their civil rights and furnish the
means Of their vindicatIonn Thcn examining the act
the Court say:-ft be admitted that the crimes
aud offences OF which tho district courts are by this
section, given exclusive Jurisdiction are only those
which against the provisions Of the act or those
enumerated in the second aud sixth sections and
that the "causes, civil and criminal which juris
dctou Is by the second clause u the section conferred
upon the district and circuit courts " the United States
concurrentiy other than those 81 which exclusive
jurisdiction Is given 70 the district They
described affecting persons who are denied
cannot enforce in the courts Of judicial tribunals OF
the State locality where they may be- any OF the
rights secured 20 them by the frat section Of the act
Was then, the prosecution indictment against these
defendants cause affecting any such person persons
IL IL was then by the provisions Of tho acf IA was
within the jurisdiction Of The courts and IL was not
that Court had no jurisdiction.
IL was we have seen, Indictment for tho muir
der Of Lucy Armstrong, citizen Of tho United States
Of the African race, and II contained avermsnt that
other citizens Of the United states 81 the
witnessed tho alleged murder. IL contained also
averment that those other persons.namely Richard
Foster and Laura Foster we'll az the deceased Lucy
Armstrong-were, account Of their and color,
denied the rghS 70 testify against the defendants, or
either 81 tge Of and concernng The killing and pa''T