The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-01-23

upon these facts. There was no hesitatio
in granting Lee Reynolds a new trial.
am certain that Attorney General Field or
proved OF the decision of that court. at tn
November term, 1878, both cases came u
again for trial. Before the trial OF either
the prisoners, the following order was Ell
tered upon their motion:
Commonwealth cs. Lee and BnraceU Reg
nolds Indictment for Murder.
The prisoners, Lee and Burwell Reynolds
before the impaneling of the jury for thei
trial at this term, charged with the .murde
of Aaron C. Shelton, moved the court 70 re
move said prosecution to the next term {
! the United States Circuit Court to be he'll
in Danville, Virginia, upon the ground sc
at the April term, 1878, of this court, whic
motion was again overruled and the praye
of the petitioners refused. lY lm Z
They were again compelled to trial befor
purely white juries, having elected 60 be trie
separately. There was a chung jury ii
the case of Burwell Reynolds, eleven TO
murder in the first degree-one dissenting
In the case OF Lee Reynolds, verdict TO
murder in the second degree and sentenc
to confinement in the State prison TO
eighteen years, instead of fifteen as on frs
trial. A motion was made for new tria
in this case and overruled. The facts proven
were certified, but with no very material diff
ference from those in the first case. The
facts are Incorporated in the statement giver
above.
Here ends the cases in the State courts.
except the sentence of the court, directing
the sheriff to take Lee Reynolds to the State
prison, to be there confined for the term OF
eighteen years.
The application was then made in the or
binary form to Judge Rives, by petition, fol
a writ Of habeGs corpus, and the same was
obtained and heard at his last term at Dan
vile, Virginia, and the prisoners, by his
writ, taken from the Jail Of Patrick county
by the United States Marshal, and by him to
be held in custody to be tried in the United
States Circuit Court, for the offence with
which they stood charged in the State court,
but to be tried by n,ired GENRE, OF both
acAite and black. This is the history Of the
case that has caused the great excitement
all over the country.
No fair-minded lawyer, who iscapable OF
rising above the influence of prejudice grow
ing out of the extraordinary elevation OF the
negro by one bound from chatte
to full citizenship, can hesitate in deciding
that upon the above facts the verdicts rem
dered at both trials, in both cases, were
wrOng-nay, more, were little less than an
outrage upon human rights,
could, of course, have appealed again in
Lees case to the Court Of Appeals and OBJ
tanned a second new trial, but my experience
taught me that there was no benefit to be
derived in doing so. This high court had
readily granted a new trial, but the jury
disregarded that decision and upon testi-
mony not materially different from that on
the first trial if there was any difference,
it was in favor OF the accused, and sentenced
him to the State prison for eighteen years
three years longer than by the first verdict.
The surprising thing in these trials is this /:
II Burwell was not guilty of murder in the
first degree, as his honor, Judge Tredway,
so thought and so decided in granting new
trial in his case at the April term when they
were first tried, that Lee could not be guilty
at al. In the struggle, he was on the re-
treat, never struck blow himself, had
nothing to do with the homicide committed
by his younger brother, who, upon the i'm
pulse of the moment, did the act in his
brothers. defence. think thas any one who
will read the testimony, carefully, will read
ily discover that Aaron G. Shelton was from
the first to the time of his tragical death the
aggressor. He was white man and of eX-
traordinary strength-the accused were two
negro boys. He adopted every means that
he could to provoke difficulty with a quiet
and orderly negro school; debased himself
by hallooing 'school- butter" at the school,
house. This would not provoke the children
to attack him. AT recess on the same day
he was bad enough to quit his work and send
his brother, thil teen years OF age, near the
to make use OF the same in
suit, and when the children followed the re-
treating brother, they found Aaron G. Shell
ton prepared for them in the road, armed
with stick and a rock. He drove them
back, using language to sister Of the ac-
cused that even negro girl was ashamed
and refused to repeat in the courthouse.
Other acts and threats of violence were used
by him towards the prisoners. At the time OF
the fatal recountre, the prisonerslwere driving
a slide with small load up hill, along
narrow road, from their little farm to their
home. They saw Shelton coming down the
hill on a road that had but one track. The
negroes gave the track and went out Of the
road, when Shelton stopped without any
occasion, and provoked the conflict. His
death was the result.
l put the question in this form-reverse
the whole matter-a white SCHOOL, negro
rides by and halloes ''school- blu ter the
school children arrest the negro culprit and
duck him, every one liz this county knows
that this is the usual penalty, and is sub
mitted to by the offender, if caught, without
complaintO and now suppose u grown ne
gro brother of the boy should become Of
Tended and say that no DAMNED white school
should duck,his brother, and do all that Aaron
G. S elton did-use language as he did, to Il
white girl, the sister of two white boys, and
then do all the other acts that he did to pro-
woke them, and these two white boys were
to take the life of the negro, as these negro
boysl did OF the white aggressor, would not
every white man in the State approve the
act, or at least, condemn the oifense? My
opinion is that they would. If the case had
been the reverse of what it was and what it
is, there never would have been any arrest or
any trial. regret to have this to say. but
every rejecting, candid man in Virginia
knows it to be true.
Foregoing the probable, or to put it strong
err the certain result that the emancipation
OF the negro would eliminate in this state OF
our civil and social system in the Southern
subjugated States, after the war, the l4tll
Amendment to the Constitution was required
tob be adoptedby this State before she could be
readmitted into the Union. In order then
to get back into the Union this State adopt
ed the 18th as well as the 18th and 10th
Amendments. The 18th makes negroes Cit
liens. and provides that mo State shall
make orenforce any law which shall abridge
the privileges or immunities OF citizens OF
the United States nor shall any State de-
priye any person Of life, liberty or property
without due process Of law; nor deny to any
person within its jurisdiction the equal pro-
lection of the laws.'' The 9TH clause is as
follows: ''The Congress shall have power
to enforce sby appropriate legislation the
provisions of this Article.''
No one can now question the meaning and
purpose of this amendment. The purpose
was to put the negro upon basis of entire
civil equality with the whites all over the
Union; OF course, we OF the South did not
approve of elevating by one great bound. a
chattel we had just owned to'a position Of
equal citizenship with ourselves, but we had
it 20 do, and more than that, WE AGREED
to do it, and solemnly adopted and swore
fealty to the 18th Amendment-to recog.
nize and obey to its fullest extent and mean.
ing. But doubling the sincerity OF oul
pledge in advance of our adopting the 18th,
14th and 10th Amendments, there was added
to these three Amendments, the 18th clause
quoted above above, that Congress shall have
power to enforce these Amendments by ap
propriate legislation. The singular thing is
that no other similar clauses appear else
where in the Constitution of the United
States. We all know very well why it ap