The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-11
Washington.

surance.
WaSl2inGfOB.
THE RIvES UsURPATIoN BEFORE TIE UNITED
STATES SUPREME COURT.
WASHINGTON, March 10.-An interesting,
and in some respects anomalous case, in
volving the powers and jurisdiction OF Fed
era courts in the southern States, came
before the Supreme Court Of the United
States to-day upon an application from the
Governor OF Virginia for a writ of 7a1nda-
mus to compel Judge Rives, OF the United
States Circuit Court for the Western District
OF that State, to redeliyer to the State au-
thorties two criminals whom he had taken
out of their custody for trial in his own
courts. The case is briefly as follows: Bur-
well and Lee Reynolds (colored), OF Patrick
county, Va, were indicted jointly in No
yember, 1873, in that county, for the MUIR
der OF one 4. C.. Shelton. After several
trials the case Of Burwcll Reynolds resulted
in 4 hung jury, and that of Lee Reynolds,
his brother, in verdict of guilty of murder
in the second degree. Burwel's case was
continued, and Lee was sentenced to cigh-
teen years in the pententiarv, and both
were temporarily remanded to the county
jail On the 18th OF November, 1878, pc
tition was filed in the United States Circuit
Court for the Western District of Virginia
nravinw for the removal OF both cases TO
that court. Judge Rives, before whom the
petition came, believing, to use his own
words, "that the petitioners had been denied
such trial as is accorded 10 them by the
laws Of the State, by competent jurors, WITH
out distinction OF race or color" granted
the application, and directed the issue OF
writ of h0GcdS corpus cum c0US0 to the
.,t kf.,,fr
take the bodies OF the prisoners into his
custody and hold them snlt irct to the orders
of the Federal court. Upon this state of
facts the General Assembly OF The State
passed Joint resolution directing, he Gov
ernor 10 institute mundu7aus proceedings
in the United States Supreme Court to re-
cover POSSESSION of The prisoners. and pre-
vent their rctr.ai in the United States Court.
Tie petition OF the Governor Of Virginia
was presented 10 the supreme Court to-day
nv State Acknowledgement Field. 1t sets
forth the facts rs above stated: declares That
Judge Riycs has transcribed the luriSl,c-
ton of his court in taking and withholding
the prisoners from the proper custody OF
the Commonwealth, and has undertaken the
exercise OF power not vested In hlm or his
court bv any law OF the United states. II
therefore prays that said RiTcS he required
to show cause Why 4 mGnddmNS Should rot
be issued commanding him to redcliyer the
prisoners TO the jailcr of Patrick county to
lie dealt with according TO the laws OF the
said Commonwealth.
ii is understood that Judge Rivcs based
his action in granting the petition for the re-
moya OF the case to the Federal Court
upon the ground that none of tie jurors in
the State courts were OF the prisoners race.
and that they did not, therefore, have an
impartial trial. The question OF FEEDERS jul
ri;,licton raised here by the petition is i'll
tere>ting and important
PATTEEsON'S PARDON
WASHINGTON, March 10. The intelligence.
which is denied from Charleston, 5. c.,
that ex-senator Patterson had received l.
full pardon for his alleged offences III South
Carolina came from Mr.. Patterson himself.