The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-11-28
An Important Decision Under the Civil
Rights Bill.

The Danville correspondent Of the Richmond
Dispatch, of date Nov 20, has the following refer
ence to an important decision of Judge Riyes
under the Civil Rights act, at the recent term of
his court at Danville, Va. We learn that depu-
ty Marshal and five assistants proceeded to Pat
rick Court House on the 3d. to enforce the order
of the Court, and it was anticipated that there
would be no difficulty in its execution. The pris-
oners will be tried at the next term OF the U. S.
Court at Danville:
Judge Rives delivered most Important and in
teresting opinion this morning under the famous
civil-rights act. 1t appears from the records filed
in the court during this term that in the Circuit
Court of Patrick county, at its April term, 1873
Two negro boys, Burwei1 and Lee Reynolds by
named Aaron G. Shelton. Before the trial the
counsel for the defendants moved the Court to
award them special centre, to be composed OF
tendance was composed wholly of whites, and no
Negroes name had been put into the ballot box.
Judge Tredway overruled this motion. Thereup-
on the defendants offered petition, praying that
the cause be removed to the United States Circuit
Court to be held at Danville under the laws of
the United States Revised Statutes 3D. Ed, 1878,
Sill. This petition was refused. The defend
ants, who were jointly indicted, elected thereup-
ON to be tried separately. Burwell- haV-
ing been duly arranged and tried was found gull
ty OF murder in the first degree, but. upon mo-
aside and new trial awarded him. Lee Reynolds
was then tried, and found guilty of murder in the
second degree. and the motion for a new trial
upon a writ of error from the Supreme Court of
Appeals the court below was reversed and new
trial awarded him Also The new trials took place
at special term of the Circuit Court of Patrick
held last October resulting in hung jury in the
case of Burwe II, and in averdct of guilty in that
OF Lee Reynolds, who was sentenced to the pen
itentiary fore Eighteen years. Yesterday, there
FORE Colonel William Martin and Captain A. M.
Lybrock counsel for the defendants, offered their
petition to Judge Rives, asking ha6eas corpus
for each of the defendants, and that their cases
be heard anew in this court at it's next term.
Judge Rives took until this morning to consider
the prayer of the petition. In pronouncing his
opinion, he said that all the proceedings in the
State court were nugatory after the offering of
the petition OF removal, although the Judge had
refused to allow the same. The Judge commented
at length upon the humane law OF the State
which requires jurors to be summoned without
respect to race OF color, and while he admitted
that it was question entirely for the Judge who
were competent Jurors, yet when these defend
ants demanded that they should be tried by at
least some Of their own race the Judge violated
the law OF the United States in refusing them
this right. He said they were entitled to be tried
by their peers, and minated that the Judges of
the State courts should not select their iurymen
exclusively from the whites. After an elaborate
consideration OF the law, Judge Rives read an or
der which required the clerk issue aha6eas cor
pus cum causa for each of the said parties to the
sheriff or Tailor of Patrick county, and to have
special venire. irrespective OF race OF color"
summoned for the trial of these causes at the
next term CT the court