The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1878-01-26
LOUISIANA.
DECISION RENDERED.


New ORLEANS, Jan. 25.-Judge Whitaker
rendered his decision in the case of the
State vs.. J. Madison Wells, ct al, overrul-
ing the motion to transfer the case to the
United States Circuit Court.
JUDGE wEITAKER's DECISION IN THE RE-
TURNING BOARD CASE.
New ORLEANS, Jan. 25.--The argument
for the transfer to the United States Cir
cult Court of the case against j. Madison
Wells. ThoS. G.. Anderson, L. M. Kenner
and G. Casanave, members of the Return
ing Board, indicted tor forging and utter
ing as true, Vernon parish returns, closed
Yesterday evening, and was taken by the
court under advisement. To-day, Judge
Whitaker delivered his decision, of which
the following is an abstract: The petition
ers ask for transfer of the information In
the minutes in the case to the United States
Court, alleging first, that thev cannot en-
force in this court the rights given them by
the Constitution of this State and that of
the United States. I'd. Under the civil rights
act they are entitled to a fair trial by jury,
and they believe that that right will be de-
MED them in this court. 81. That act No.
Sc. of 1874, is intended to operate in favor OF
whites and against colored, thereby depriv-
ing Kenner and Casanave, both cOlored of
trial of their rights, and that this act is un-
constitutional. Judge Whitaker took up
each point separately and read the decision
United States Supreme Court, and quoted
from the Constitution of the United States.
He said were a transfer granted in this case,
every party indicted before this court would
ask removal, and the United States Courts
would be crowded with such cases. He came
to the conclusion to maintain his Jurisdiction,
and denied the transfer. And the motion
for the Commissioners to keep evidence OF
witnesses residing out of the State was
argued. The defense argued that the evl-
Fdence of Jas. n. Gofford OF Davenport,
Iowa, f. w. Eaton of Princeton, Illinois,
Isadore Mccormick of Mobile, Alabama,
and Ex-Governor John III. Palmer OF
Springfield, Illinois, are material to prove
their Innocence, and that they could not,
without them, proceed to trial. An affidavit
to that effect was made before United States
| Commissioner Lane by the four accused
| and was read and after argument was also
denied The Attorney General then moved
! for severance of the case and that the case
of Wells be tried first. This would deprive
| the accused OF their right of forty -eight per-
emptory challenges leaving only twelve
The motion was taken under advise
ment until six o'clock in the evening
| At that hour, when the case was called, non
of the accused, who had been absent during
the day, were present. The Attorney Gen
eral had them called, and also their suretles
No response. John Ray, counsel for the de
fense, notified the Court that after the de
cision was rendered this afternoon, they ha'
applied for writ of certiOrdrt to the Unite
States Circuit Court. That Court wishes
hear argument, and the case had been fixe
for tomorrow. The Attorney Genera
answered that the State had nothing to q
with that and moved that the bonds OF tn
accused be forfeited. Judgment Will De en-
| tered and alias caplaS will be issued for tn
arrest of the four accused. Judge Whita
Ier M stated that this court would not b
TITLED with and that the counsel were nc
J titled at noon that the case would be calie
at 6 o'clock and they ought to have the az
cused here. The bonds were declared fol
! feited, judgment of nisi entered, ana cap
ases issued for the arrest of the accused
They are to be detained until they can fur
(; nish new bonds in former amounts.