The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-11-19

Of Taylor slrahder, who killed lis wife
In this city 10 April, 1872, has been 80
long before the courts that Il has become
tblerably familiar 10 the public. In July,
1873, he Was tried and convicted Of muir
der In the frat degree, when the case was
taken to the Supreme Court BY his ooun.
sci, Messrs. Davenport and Dovener, who
claimed among other things that the pris-
oner was entitled 10 trial'by his peers
jurors Of This own complexion-and that
he should have the right 10 have his case
removed 10 the Federal Courts. A new
trial was granted tho prisoner on the
ground that bis cause had not been before
the County Court as an examining court
previous to its trial in tho Circuit Court.
The case then went TO the County Court
aa an examining tribunal, thence 10 the
Circuit Court, and resulted in Slrauder's
second conviction and sentence TO death
by hanging. All points raised by the pris.
oner's counsel at the 6rst trial and left
undecided by The Supreme Court we're
again brought to the attention Of the
Supreme Court, which on Saturday de.
cided all Of chem against him, affirming
the decision Of the case in the Court below,
and remanding II with instructions to
Judge Melvin 10 re.sentence the prison.
or, the date OF his last sentence having
expired. The following Is the syllabus
Of the decision, which was delivered by
Judge Greeni
WHEKLrXo, STATE or WET viRerSIG,1
PL'RF, AID DRFr. IN ERNR,
TAYLOR sTNuDEa, DIT. AND rL'rr.
Decided Nov l7lh, 1871
SYLLABUS.
/. Taylor straudcr was indicted for
murder In The Circuit Court Of Ohio
county, on tho 3Olh day Of May, 1872,
within one month after he was arrested.
The cause was continued several times
upon his motion, but never on the motion
Of the State, He was tried and convict.
ed at the July term, 1873; he then ap.
piled for and obtained writ OF error TO
the Supreme Court Of Appeals. On the
goth day Of July, 1874, they reversed the
judgment Of the Circuit Court, sentencing
him to be hanged, because the Circuit
Court had refused to remand him 10 the
County Court for examination. On the
goth day Of October, 1874, new indict-
ment was found against him, on which
the State elected to try him, and there.
upon the prisoner moved the Court to
discharge him from custody, three terms
having elapsed since he was in custody,
upon the HliliiRpS Of the Justice, issued
ON April 18th, 1872. Held, the Circuit
Court properly overruled this motion.
2. A prisoner ia not entitled to have
ease removed into the US. Circuit Court
for trial upon his petition supported by
affidavit setting forth that he il a cOlored
man, and that such prtjndices exist in
the State against his race that he cannot
get justice IL the State Courts, and that
also by Law OF the State only white men
can get upon the jury.
8. In this State there are two modes Of
obtaining jnries for the trial Of felonies.
One under the 3D. section Of chapter AZ Of
the Acts Of 1928, and the other under
the 9th and succeeding section Of said
Act. II the record shows that the Jury
was summoned in the second Of these
modes this court will not reverse q iudg.
ment Of the Circuit Court refusing to
quash the rsEire tacias or the panel Of the
jury because 1t does not appear that all
the provisions OF the statute, other than
those to be performed by the Circuit
Court and lis officers, have been com Piled
with.
4. Upon the trial Of 10 prisoner charged
with murder, after the jury has been ex.
amined on their rOir Gie, accepted and
sworn, aud alter considerable testimony
had been taken, the counsel for the prison.
er placed in the hands OF the Judge on
the bench privately an affidavit Of 4 per.
son, that he had heard one Of the Jurors
say some three months before that the
prisoner ought to be hanged, and also
aiidavits OF the prisoner and his counsel
that they had just learned that the Juror
had expressed an opinion, or that lie had
any bias against the prisoner; but neither
the prisoner or his counsel made any mo.
ton based on said atIidavits, or does it ap.
pear that the attorney for the State had
any knowledge of the existence Of these
afidavits, or Of their being handed to the
Judge. The court took no action upon
them, and after the prisoner hal been
found guilty by the jury the prisoner
moved fora new trial, because this Juror
served on the Jury; and thereupon the
juror made his affidavit, positively deny.
ing that he expressed sucil opinion 10 the
party WHO made the affidavit or 10 any
one else, or that he entertained any. pre-.
judice or bias against the prisoner, and il
does not appear that the prisoner suffered
injustice by reason OF this juror serving
on the jury; the court below refused to
grant the new trial. This court will no.
reverse such decision.
5. The Court below properly rejected
the following Instruction: "If the jury
entertain rational doubt as to the sound.
ness Of the mind OF the prisoner ut the
time Of the commission OF the homicide
charged, he is entitled TO the benefit Of
the doubt, as he would be entitled the
benefit Of doubt as TO amy other mate.
rial fact in the case, it being under our
statute necessary ingredient of the Of.
tense that the per4on charged shall al the
time Of the commission OF the oflense he
VI eOuuu uAlhus hihIluuBH Lue Jury may
believe he had Judgment and reaaon sut-
ficient to discriminate between right and
wrong in the ordinary affairs Of lie, even
at the time OF the commission OF the Of
iense they cannot find him guilty" and
properly gave the following instruction
III lieu thereof: "To entitle the prisoner
70 an ucquittal upon the ground that he
was insane at the time Of the commission
OF the offsnse charged in the indictment,
such insanity must be proved 10 the sat.
isfaction Of the jury, though in passing
upon this question they may look at the
whole evidence in the case, as: well that
for the State as for the prisoner"
Mr.. Davenport, OF the counsel for the
defense, Immediately upon the delivery OF
the decision, gave notice that he would,
on Tuesday next, apply for writ OF er.
ror, removing the case TO the Supreme
Court Of the United states.
CT. v. w.R. R. LABosEns ON A
HIGH. The laborers on the C. T. V. &
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