The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-03-10
Judge Raymond Grants q Super
sedeaS In the Case Of Taylor

e'AAu ~ VuE hHue VI ypsletuRy tuuI III aIl-
plicatiOn had been made to the Supreme
Court Of Appeals Of West Virginia for a
writOi suporscdeas in the case Of Taylor
stFaudOF, who Is under sentSnee TO be
hung for murder on tho Goth OF this
month. Judge Raymond, OF tho Supreme
Court, yesterday granted the stay Of pro-
cOcdings asked for, In order that the Inn
portant points raised by strauders cOun-
sci might be examined by his Court.
This stay operates to postpone indefinitely
the execution Of the SontOnce passed upon
the prisoner, as the case cannot be heard
for several months to come. The follow
Ing is the petition that was addressed-to
the Court by the counsel Of strauder, and
also copy of the stay Of proceedings
granted by Judge Raymond,
40 The Honorable Judges Of Tie Supreme
0OTt Of APpeuts for Re'i Kirgiaia:
~rho petition Of Taylor sLrauder re-
specttully shows that on the 9th day Of
January, 1875, he was convicted and Sen-
fenced BY the Circuit Court OF Ohio cuun-
" upon an indictment for murder, which
said sentence Is sentence Of death, 10
be executed by the Sheriff Of said coun-
lyon the 18th day Of March, 1875, az will
more fully appear by On impecliOnof the
transcript Of tho record accompanying
this petition. That your petitioner Il
uggrieved by the Judgement and sentence
Of said Court, and respectfully asks that
q writ Of error may bC awarded hiul, that
the said judgement and sOntence may DO
reviewed In tho Supreme Court Of Ap.
pealS,
Your petitioner assigns for error the
following causes appearing upon the
transcript Of the record aforesaid;
Flnt-The Court erred in not disUharg.
Ing the prisoner from custody, three
torms having elapsed since he was ini-
Prlsonod, and no indictment having been
found. gEj
Second-Tho Court should have quash.
ed the indictment.
Thlrd-The Court should have granted
the prayer Of the petitioner (the prisOner)
to have his cause removed to the Circuit |
Court Of the United States,
Fourth-The Court should have quash.
ed the tsHire tacias issued for the trial Of
this cause OH .hdinotion olthc defendant
Fifth-The Court should have su,.
tained The prisoners challenge to tho ar.
ray Of he panel and quashed the said
panel.
sixth-The Court should have with.
drawn the juror, Edward Larkin, after
discovery Of his incompetoncy,
Seyonth-The court erred In refusing
10 give the instruction to the jury asked
for by the defendant
Elghth-The court erred In giving the |
instruction he did tO the Jury In lieu Of
the instruction asked for by the prisoner.
Nlnth-The court erred In not sustain.
Ing the prisoners motion to act asilO the
verdict and grant him new trial.
Tenth-The court erred In not ATS.
tanning the prisoners motion In arrest Of
Judgement,
Eleventh-And for other errors appar.
ent upon the face Of tho said record.
TAYLOR STRAUDER,
BY his counsel, Davenport 4 DOyener
l, George o. Davenport, an attorney
prNcticing In the Supreme Court Of Ap-
pcals Of the State Of West Virginia, do
hereby certify that In my opinion tllercis
error in the proceedings which appear
upon the face Of the transcript Of the
record accompanying this petition which
ought to bc reviewed by the Supreme
Court Of Appeals.
GEoRGE0. DAYENponr,
Residing In Ohio county, W. Va.
Ssateq qf Tgesl Virginia, to.Wa,
The foregoing petition and assignment
Of errors ofthC petitioner, Taylor Straud-
or, was presented to. me, together with the
transcript OF the record accompanying
said petition, (bcing certified transcript
of tho record Of tho proceedings had In
the Circuit Court Of Ohio county, West
Virginia, upon IN Indictment against
said Taylor Strauder for murderl on the
9th day Of March, 1875, IN the vacation Of
the Supreme Court Of Appeals. And
upon consideration Of said assignment Of
errors and the said transcript Of the rc.
cord In said cause, I, the undersigned
Judge Of the Supreme Court Of Appeals,
do award to the Snid petitioner, Taylor
Strauder, q writ OF error 10 tho jidg.
mept Of the said Circuit Court ten.
dercd In tho said cause against
the said Taylor strauder oil tho
9th day Of January, 1876, as pray.
cd in the said petition Of tho Eaid Taylor
StraudOr. Tho said writ Of error 80
awarded by me to tho said Taylor strau.
der, 10 the said Judgement shall, when
issued and served, operate a. a stay OF
proceedings In said cause until tho decis.
lon Of tho Supreme Court Of Appeals
therein according 10 the provisions Of the
9th Section Of Chapter IA Of the Acts Of
1872 and 1873, approved tile 10Th day Of
December, 1873.
Given under my hand and seal this OH
day Of March, 1875.
A. +. iIAYMoND,
Judge Of Tie Supreme Court ol Appedb.
To o. s. LoNo, Ii.
Cs.rk ofRe Supreme Court d .Apped..