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

| Insertion.
Liberal discount made for quarterly. half yearly
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THE REYNOLDS CASES.
Course Of Judge Rives Defended.
l. FOR REMOVAL TO THE UNITED STATES
CoTRT, ETC.
7 From the Martinsville Herald.
AS so much has been written and said all
over the State, and even the United States,
! in relation to the decision of Judge Rives,
| in the Reynolds cases from the county OF
| Patrick, and all of it marred by Incorporate
language, and worse than useless passion,
and the whole of it concentrated upon the
decision of our venerable Judge; and as it
does not become him, occupying the posi-
ton he does, to defend his decisions off the
Bench. in the premises, even il he was so
disposed. propose to give all the facts so
| far as in my knowledge. as well as my
views of the laac alone relating to the case.
As Judge Rives has been assailed in the
manner he has by the Legislature. by the
| legal profession of the State, and by the
press, especially by the latter, in manner,
as conceive, unbecoming the great and re-
sponsible position it occupies as dictator of
popular opinion, and the gravity OF the
question involved, it will be conceded that
should do so, for the reason that l an the
cause OF all this excitement upon the sub
| ject.
The negro boys who are charged with the
| homicide OF Aaron G. Shelton, are minors.
The morning after the homicide, was en-
ployed by their mother. as their counsel,
l md ho ,uhola rnotfnr cIIhnoittnd tO ma n.
agement. The excitement against them
here was so great that was satisfied they
could not secure fair trial before white
| jury-they being negroes, and the man
killed white-I based my opinion solely up
on this fact When the case was called at
| the April Term, 1878, Judge w. NJ. Tired
way presiding, the following motion was
made BY me, as the counsel:
| At a Circuit Court held for the county of
| Patrick, at the Court House thereof, on the
| LIST day of April. 1878,
Burwell Reynolds and Lee Reynolds, late
of the county OF Patrick, labOrers, who
| stand jointly indicted for murder, were led
| to the bar in custody of the jailor OF this
| Court; whereupon the accused, by counsel,
moved the Court that the venire in this
cause, composed entirely of the white race,
be so modified as to allow one third of the
venirc to be composed OF their race, they
being colored, which motion was overruled
| upon the ground that the Court had no au-
| thority to change the venire, it appearing
| that the said venire had been regularly drawn
from the jury box according to law. The ac-
| cused, by counsel, then appealed to the Attor-
new for Commonwealth and the counsel assist
| ing in the prosecution, that as the ballots in
| the jury box were entirely of the white
race. they, the Attorney for the Common
wealth and feed counsel for the prosecu-
ton, allow them, the accused waving all
| objections to the illegality OF so constituting
the same, which the Attorney for the Com
monwealth snd the feed prosecutors refused.
| Thereupon the accused, by counsel. filed
their petition, verified by their affidavit,
| praying that this prosecution may be re-
moved 10 the next Circuit Court for the
United States for the Western District OF
Virginia, in the town of Danville; which
prayer was denied by the Court
| A Copy-Teste,
| l.. G. RUCKER, Clerk.
| Thereupon the following petition was pre-
sented to the Judge of the Circuit Court of
| Patrick County:
| Your petitioners, Lee Reynolds and Bur-
well Reynolds, represent that there is now
pending against them criminal prosecution
| in the Circuit Court of Patrick, in which
| they are charged with the murder of one
| Aaron c. Shelton. Your petitioners are ne
groes, aged respectively, II and 10; that the
man whom they are charged with having
murdered was white man. Your petit
TONERS allege that the right secured to them
| by the law providing for the equal rights of
| citizens of the United States is denied to
them in the judicial tribunal OF the county
of Patrick, OF which county they are natives
| and citizens.
| They allege that by the laws OF Virginia
all male citizens, twenty-one years OF age.
and not over sixty, who are entitled to vote
and hold office under the Constitution and
laws of this State, shall tie liable to serve as
| jurors. This law allows the right as we'll as re-
quire the duty of the race to which they be-
| long to serve as jurors. Yet the Grand
Jury iwho made the Indictment against
| them, as well as the venire summoned
to try them, are exclusively composed
of the white race. They have applied
through their counsel to your Honor,
the Judge of the said Court, and also to the
Prosecuting Attorney of said county, as well
as to the feed counsel employed to assist in
the prosecution, that a portion OF the venire
| BY which they are to be tried in the said
| Circuit Court of Patrick, should be at least.
| in part composed OF competent jurors of
| their own race and color. This right has
| been refused them.
| They allege Tat strong prejudice exists
| i'm the community of said county against
| them, independent Of the merits OF the case
and based solely upon the fact, that your Pc
titiOners, the accused, are negroes, and the
man whom they are charged with having
mui dered was white man. From this fact
| alone they are satisfied that they cannot OBJ
tain an impartial trial before a jury compos-
ed exclusively of the white race. They fur
| Their allege that their race have never been
allowed the right to serve as jurors, either
| in civil or criminal cases in the county OF
| Patrick in any case, civil or criminal, in
| which their race have ever been in any way
| interested up to the present time. Your Pc
| titioners therefore pray that said prosecution
may be removed to the next Circuit Court
to be held for the United States for the Yves
tern District of Virginia in the town of
| Danville.
This petition was sworn to according to
law.
The accused were then OF course compell-
ed to 90 to trial and submit their fate to
purely white jurors, they having elected to be
tried separately. Burwell r., the young
| err boy, was convicted of murder in the first
degree. Upon motion for a new trial, the
verdict was promptly set aside without ar
| gument.-Lee Reynolds was then put upon
trial, which resulted in verdict of murder
in the second degree, and sentenced to the
State Penitentiary for Is years. A motion
was also made in this case for new trial as
contrary to law and evidence, which was as
promptly overrued as the first was granted.
Wishing not to raise any question then by
applying to the U. S. Court that might ere
ate any excitement. which anticipated
would be the result, | concluded to exhaust
all the remedies within the State Courts for
the protection of the accused, and hoping
that in another trial they could perhaps get
Justice, asked and obtained certificate OF
the facts from his Honor, the Judge. They
we're obtained in order to take the case OF
Lee by writ OF error to the Court of Appeals
of Virginia, The facts, however, were the
same in both cases.
| The facts certified are as follows
1 That Aaron G.. Shelton had become pro
voked sometime preceding the homicide, be-
cause younger brother of his had been
ducked by the children OF u negro school,