The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-02
d, lntellisfnffr
a. ard " Fourteenth e'feo''
.,,,u,ier's y Case.

.hss from WasnIns'o"' '
s,5''srnoo .. "nop,i, Of the decision %1ni,aI tsni
~ sns q. Supreme Court Of the Gnaieu Tn n,,",
r'S! !lt,s,Iay, 'as IA in the case OF Tsylo, naa
sa'h re',t 'sr Of Appeals Of this state tate,
snn' ,s',, tS,, r,ap.ins strauder's motor, motion
.! % fasI' ne, Il his case into the Federal
~. No been 50 much delay attending tending
y S'ps',H ';".io,l Incidents in its history
p,,,s.a pss..ary to enable the public to
s'iI. hI.1J,nt, S a colored resident Of
.. =, S',.It s,. convicted OF the murder OF
", Y !, ibe Circuit Court Of this county
H'5 ". term in 1878, and sentenced TO
tsA' ~. an The esth Of August OF that
s.''t !, d this trial it was urged that. that Gn, .
r. Nv y Constitution Of this State the
,,..I,St a6%I .hoald have been sent before
IT,, S..,,, Court Of this county, as ah eN'
i.s,'s ~, CONT, and that the State law
nss, sas icros to white male persons
sIs 4.,,,,lpst the defendant by reason
3si' fl4,1 M, he was entitled to have his
:, ,ncrsa moi! into the Federal :oslas courts;
.. :. ,s,,,ne Court Of this State sustained a,'a
ih.st !. Z, Dojpt but failed to pass upon the
a.s'a ..1 Sta s.,spler was again arraigned
sp.- A.,ninel before tie County ooure
y y Sbansp,ly, for the second time was "a,
=. " 20, convicted and sentenced to ! be
p%' ' N The Circuit Court, at the
~ I...,.r, = lsi5. Atthis second trial the
y, !Is d. defendant to have his cause
p,,.,to The U. S. Circuit Court was
~, 's.,istsel on, and for the same reasons
Tlstb, point was for the second time m
,lp, 10 the Supreme Court OF TINS
=, sst N, body considered it and decided
=. ~ s. defendant, Judge Green de-
r,,l,,,h, opinion of the court and hold
:. !, .e.e,, that the service of a juror
,,,tp The nature Of a duty and not "
ss' a. lb,ts was no disqualification i'm
a.5Sr,he u jury law Of this State suftl-
..,,,n .uUpOrt the claim Of the defend
:, Tbs decision Of Judge Green's was
,4r.deted until November 94th, 1871,
81 5. date appointed for Strauder's
s.,tOu having passed, he was again
,,,y,c.i 10 be hung, making three oi
tt4.rnp.a,aut announcements to which
h ~ compelled to listen.
Iaasiiisely following the last men
lad Judgment Of the Supreme Court
n.ining The judgment Of the Court be-
b,, sraalsr's attorneys, Messrs. Daven-
I'd nd Doyeuer, appealed to the su-
M, Court Of the United States, and
at,a 1873 a writ Of error and supersededS
,urlatel by Chief Justice Waite. The
az rs argued and submitted some
tz.Gnee, and, as test case which will
pnn 4 good many others, a decision
N ui,ed for with interest until yester'
d. shsl the opinion Of the court was
rntbtsd by Justice Strong, Justice
hl dissenting.
Eahsut the fall text Of the decision,
aaEt opinion Of the United States
sgrae Court cannot be known. 1t is
GMlhuEeyer that it knocks the stuff.
salOI Judge Green's opinion and the
iSvhginia jury law SO far as Strauder
iSaanej. Chapter n OF the law of
E.IVhith, II 1t had any validity, was
b iRa when Strauder was tried, pro-
Is&E ali rhiie male persons who are
HaTNne years Of age and not over
NJ, md who are citizens Of this State
tl be liable to serve as jurors, ex-
stns State officials, officers Of
CgEA etc., and tine United States
SfasCOnrt maniIestly bolievest thatthis
Esas Vhich shuts out colored Jurors is
institutional. While jury service
lFsl duty so far as the juror himself
s@asnel, the court evidently consid-
daGit may become o right when con.
sk'td With reference 10 defendants and
Uni persons, and in this case holds that
VIA teolOfed citizen is tried for bis life
EIItT trum which citizens OF his own
ne lebya State statute expressly ex-
Odd Is denied the equal protection
Z lE guaranteed by the 18th amend
l1aiio the constitution OF the United
s4s, and such statute is repugnant to
Unconstitutional provision.
AsaeCtOl the decision will be to send
slatss case into the federal court, the
e1tieOt tho United States Supreme
Nst tsu!ng to the Supreme Courto OF Ap'
laA" this State, and directing it to SCI
sssAs judgment Of our Circuit Cour'
haftiiyall proceedings to the Circuit
Satol the United States for the Fourth
''alaI District. II Strauder has as muct
y s''Ssla beinghanged, under the care o
= sdsnl authorities, as he has iount
ss Sass management, he will bay,
S''''EUpnd for complaint.
Amt In tie House.
iSthEFalGan Wash. n. c oi Pr,d.y y,