The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-12-12


be for her death.
Taylor straaders Case and the Recent
virginia Case Raised By Judge kEes'
Aesion-
Ei.Anssl papIa-A q Tos-lIS.
We have distinct recollection Of the
wes Virginia case reterred TO in the fol.
loxias note iron one Of the most learned
lrvyers in Virginia We read the
opinion Of the Supreme co1rt OF Appeal.
Il WeE Virginia in that e&se 3; the time o.
its ars prounlsation. Judge Green, q
tbs; ooa1t, Is brOsher Of our correspond
sn., and it Is perhaps owing % this fses
TIA, the Latter recalled The ease 50 readily
20 mind. Judge Gresn has for many
years beea recognised Is one Of the clear
e,.-Aes3ed lawyers IN wess Virgins.
Jade HHynoat, one Of his associates o.
tie beaeh, Is Slso known here = 5 nan q
IbIE,y. Tie O;her judges OF thu, tribunal
G-e 10 doubt eqpaliy eatitled TO the re
ssa. q; TIE pahSe.
Eaas a DSzstds; Your correspond
Ell. NJ. R0yA4, and yourselves seem INA
Ea-e, and therefore many Of To1r readers
EIy Be, tAG- the question he diseases
GhSa. resent 6eeSsSoa By Jp6ss Rves has
Already besa 6ec6e9 Esnd n Sceo-dGnce
With Nr. RcyaITs TSeEsj by the CouTf q
A9essls cf NeSt ErSiniA 50 Ing 40 =
iTSh SoreahsT, ISL, x1d ! HSF pending
- :. F,----- - 49, T-,;.SI3 Ss..4ss
-as iaxse EEs carried tkifher u thai e&se,
xIS1s insor2ei lEst Saz2er BY Cor
srasr MxstheEsSad other lzgyeEsOi Kes.
TrSrE1- IAe cSse : reported n W. V.
$50
IcpIc-ed San rssa1 Tayio- SSr1n3e;
uIs in5Sste,l and EEice 1ried ina court q
thaf SeA,e Tor the murder q cOlored 10
mss. his wife. After the first oonTiction
TIE Court d Appeals awarded him1 neE
trSSl. and tssoTe his second trial he made
sprfcatina in the SUITE Court that tTied
him 10 remove his Csc into the Circuit
Coart Of the United States which apPlica'
ton vas, notwithstanding decision d
our Coart Of Appeals, IN Continental In.
saranes Company " kGtey, y 6rStt. 2lt
toppoSed 70 numerous decisions in the
$1nrene Courts Of several Of our SSS;el
SsStes, Is ven - in Federal eoarSs), no,
Olats; n any rS.e, / vas not objected
10 for thai reason. The gr01ndS Of hi:
1pphcAtioa, supported by sfhdavit, Eert
in brSeh 3 SOllOEss That under the laEs
p{ weSt Virgins. no oOlored person E&s
ehsble to be member Of the grand jury
q allowed to SerSe on petit jury;
thai he wSsa person Of color, formerly 4
slave, and eE1aneipafed By the result d
the lAte rebellion; that under the aES Of
q husband and vie vas not recognized
beSveen SlaCeS, and IN impression ~:
general in the oOQnty wherein the oo1r;
sAt, and the adjacent counties and through
cat the S&te, that eOlOred men are no;
entitled 20 the sane protectSOa In their
married relations Is white men, whereas
his defence would depend greatly upon
the Eacs Of his having been mArTied man
!; the time 81 the offence being commit.
ted with which be ESs charged, and that
hv rssson Of the premises he believei that
he could not have the full and equal bene.
Ill Of al hEs and proaeiinsS in The
cSurtS Oh the Safe q WeSt Virginia 10y
the security q his peESon - Is enl0yed BY
white citizens, and that he h21 leSseh&nce
lthSn : white eiiirenl Of enforcing in the
csurSS Of the SAFE his nights in this Prus.
eeatiOn q 4 citiren Of the United States
his Rfsi1Vit seems ample 70 bring the
csse within seetion 6Il u United States
Revised St2tnteS; and. st any rate. Il E&s
treated a. SnfSient. Nevertheless the
cSprs over TGlel SSraE1er's Application;
and, he beinS again convicted, his cSSe
EGs . second tine carried 70 the Co1TE d
Appeals where the sentence passed upon
hin. a death, Vas affirmed unanimously.
Sll the jn1ees being prsenL And tie
ursSS3ent 4 the eoaEs IGreen, j. IN
Delivering its opinioa, Diseased th0ro1Eh-
IL I'M Nl-Sl9l the ccnstisufioa&lity Of he
congressional enactment under which the
removal q the e&se UEs elained The re
s1li shows that il Vas held unconssItl-
Iiaa3l: and the s4syQ1h0S prepared By
The cooEs7 IN obSaienoe - proTEs1on IN
the Co1SsitGtioa Of that SSAte t3rtle3e :
section 81 expresses thus the point; "A
psSsoner : not eatitled % have eASe Ne
novei iasOthe Circuit CoUEt q the Uniied
SSates tCs SriSl, upon his petition, slppors-
cd by aHiaAyii. setting tOrth that be Is .
colosed nan. and thSt sleh preja1iees
exSs n the SCSte &sainSt his rSce that be
cannot ~ jGstSoain the SEAts COlrts, and
also thSt, 81 lAE q tie SrSte, only white
nea can sifnPOa the iurT.
Seven wears carrier alESos. pre6sely The
sGuse point 1Ss dees1ed in The SanSe NAN
neE by = Federal coart. thoSgh TIE deei-
SIN seeas uos % have 6eea thea known
in weSs Virginia, nSF i 4 nov geneFally
knOEn n NfrSiAiA MOs, probably Ju3N
Rires had noS beard Of L a. the n1e Be
Aa6e his 1eeissoa. Indeed, tie v0la1e
cOatainiag repOrt q gSS oot yohliished
untl near the eose q TIE yeRr 1856 Ia
thIi eGse, TexRs ~ Canes : Hco3s -,