The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-07-13
r.YLrr srnAupER.
The Mandate orthe supreme Court Of the
United States Ia His Case.

The Mandate ofthe Su preihe Court OF the
United States Ia Bis Case.
Our readers are already familiar with
the history Of the Taylor straudsr murder
case. The decision ofthe United States
Supreme Court ordering the Supreme
Court OF Appeals Of West Virginia to re-
mand the case to the Circuit Court of Ohio.
County for re.trial, on the g.ound that
Strauder could demand jurors OF his own
race, has already been announced. Yes
terday Mr.. B. B. Dovener, the surviving
member OF the firm of Davenport 4 Dove
ner, counsel for strauder, received the
official mandate Of the Supreme Court in
the case, This will be entered on the
first day OF the August term OF the su.
preme Court Of Appeels, which sets at
Charlestown, Jefferson country. The
following Is copy OF the mandate;
UNITED STATES OF AMERICA, IS.
The President Of &f United States Of 4maica
To the Honorable, the Judges of the Supreme
Court Of APpealS Of the &dte Of IVea Pir-
giniG, Grating:
WHEREAS. Lately in the Supreme Court
Of Appeals OF the State OF West Virginia,
before you, or some Of you, in cause be.
tween Taylor Strauder, plaintiff in error,
and the State OF West Virginia, defendant
in error, wherein the judgment OF the
said Supreme Court OF Appeals, enter ed
| in said cause on the twenty.fourth day OF
November, A. D. 1877, is in the following
words, viz:
at Is considered that this Judgement
rendered In this cause by the Circuit
Court OF Ohio county, on the ninth day OF
January, 1875, be, and the same Is hereby
affirmed; and the day fixed for the execu.
ton OF the said judgement having passed,
the cause Is remanded to the said Circuit
Court OF the county OF Ohio for another
day to be fixed for the execution OF the
said judgement, to be had and done upon
the said plaintiff in error according to law;
which Is ordered to be certified to the
Circuit Court Of Ohio county"
As Ly inspection OF the transcript Of the
record OF the said Supreme Court OF APP.
peals which was brought into the Su-
preme Court OF the United States, by vir.
tue OF writ Of error, agreeably to the act
OF Congress in such cases made and pro.
vided, fully and at large appears.
AND WHEREAS, in the present term OF
October, in the year OF our Lord one
thousand eight hundred and seventy
nine, the said cause came on to be heard
before the Supreme Court Of the United
States on the said transcript OF the record,
and was argued by counsel.
In Consideration Whereof, 1t is now here
ordered and adjudged by this Court that
the judgment OF the said Supreme Court
OF Appeals in this cause be, and the same
is hereby, reversed with costs; and that
the said plaintiff in error, Taylor Strauder,
recover against the said defendant in error
twenty dollars for bis costs herein ex.
pended, and have execution therefor.
And 1t is further ordered that this cause
be, and the same is hereby, remanded to
the said Court, with instructions to reverse
the judgment Of the Circuit Court Of Ohio
county.
LIST March, 1880.
And the same is hereby remanded to
you, the said judges Of the said Supreme
Courtof Appeals, in order that such execu-
ton and further proceedings may be had
in the said cause, in conformity with the
Judgment and decree Of this court above
stated, as, according to right and justice.
and the Constitution and laws OF the Uni
ted States. ought to be had therein, the
said writ OF error Notwithstanding.
Witness the honorable Morrison R
Waite, Chief Justice OF the said Supreme
Court, the niMh day OF July, In the year
Of our Lord one thousand eight hundred
and eighty.
JAMES II. MCKINNEY,
Clerk Of the Supreme Court
Of the United States.