The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-04-22

| Inc case Oh bbH 'sHs - o..
mouwcaltb, recently decided by Tue cur
prcme Court Of Appeals OF virginia, uc'
serve. more than the brief notice which we
gave the case a few days ago.
LEE REyNoLps and BURRELL REYNOLDS
,,-yroee. who are broihers,) were tried and
convicted In the County Court Of Patrick
Tor Tho murder Of one SHELTON, whi'e
man. They were tried separately.
| RuenKLL REYSoLps Uhe party VINO strucs
Tho fatal b,ow 10 the back 81 the deceased
with large knife while he was engssed -
conflict with LEE REYxoLpe) was ioono
guilty by the Jury Of MURDER In the rTst ae
Gree. This verdict, however. was ses asfe'
by the Judge who presidsd at tue "'as NV
| a new trIsl awarded htrz-
LEE REsNoLDs wss at the same tef"
found guiky OF murdcrin the SECOND oee'ee'
scd his term OF Imprisonment Ia the penn
seminary was fixed b. the jury at the perloo
| ~ fifteen years, forwhicb period ne was SEN
,erced by the coer, below. To this tudg'
ment a writ OF error was AWARDED by Tue
Court OF Appeals, and that court upon
hearing the case reversed the Judgment oil
the court belo and awarded the prisoner
new trial. Beth parties were again urea
separately, and upon the second trial BUR-
Rr,I, REYNOLDS was found guilty OF MUIR
der i'm the second degree instead OF murder
in the first degree. as upon the former trial.
LEE REYNOLDS was again found guilty OF
murder in the second degree, and the term
OF his IMPRISONMENT fixed at eighteen years
at the second trial. After the conviction OF
both parties uron the second trla', they
were both taken from the custody oil
the State. court, where they were both
already under conviction for murder,
by order OF Judge RYEs, Judge OF
the District Court OF the United States
for the Eastern District OF Virginia, and
held by him for trial upon the ground that
they were convicted by jury composed
wholly OF white men. Tbereupon applica-
ton was made by the State OF Virginia,
through Der Attorney-General, to The Su-
preme Court OF the United States for writ
OF ysandamuS to compel the judge OF the
District Court to remand the prisoners to
the State authorities. The writ was accord
ingly issued, and the prisoners. in accord
auce with the mandate OF the Supreme
Court, were rer,anded to the State court
in which they bad been tried and convicted.
II IL not necessary 10 refer now TO this de-
cision in reference to the action OF Judge
RIvEs, which has already become famous,
nor to refer TO the opinions OF the majority
OF the Court and OF the two dissenting
Judges I'm reference to this remarkable case
While these opinions are based on diff
ferent grounds, the same conclusions were
reached by the whole court. and the people
OF Virginia will ever be grateful to Mr.. JUS
tice FIELD for bis manly and eloquent pro-
test against Federal usurpalion.
The unanimous judgment Of the Supreme
Court, therefore, was 10 remand the prison.
ers to the Jurisdiction OF the State court,
from which they had beer taken away by
order of the Federal court. In the case OF
BuRRELL REYNOLDS no petition for a writ
of error was presented TO the Court of Ap-
peais, and bis sentence Of Imprisonment in
the penitentia.y was executed. In the case
Of LEE REYNOLDS, however, petition for
writ of error and supersedeas was applied
for and granted by the Court Of Appeals.
That court, upon a bearing OF his, case,
again reversed for the second time the judy
ment OF the court below. In both decisions
the court placed it, judgment upon the
ground that the verdict was contrary to the
evidence.
Our object in calling attention to this cele-
brated case is to note the fact land we trust
that northern journals which have been
loud in their absurd declarations that ne
groes cannot get justice at the hands OF the
State courts in Virginia will also put 1t on
record) that the highest court OF the State
has twice interfcred for the protection OF
this negro charged with murder, and has
twice set aside the verdicts OF iuries upon
the ground that they were not sustained by
the evidence. 1t to be noted also, to the Gre
dit Of the Acknowledgement Of this State, that
he refused to argue in favor OF the convic-
ton OF the prisoner, and stated in open
court that he would inform the attorney
for the Common wealth in the lower court
that he ought to enter noHe proSequi as TO
LEE REYNOLDS. 1t thus appears that there
was no occasion or excuse for the act OF
Judge RIvEs in forcibly taking this man
from the custody Of the State courts, and
that but for this il-advised act OF usurped
power this negro would long ago have been
released from Imprisonment through the
judgment Of the highest court OF the State,
and that, so far as LEE REYNOLDS was con-
cerned, the only effect Of Judge RIvEs's
ill-considcred act was to continue for more
than twelve months the Incarceration OF a
man whom the Court OF Appeals has de.
clared to be innocent.
This is one Of the Virginia courts which
the New York Republican journals libel as
tribunals in which no negro can hope for
justice, and from whose power they con.
graduate the negroes that General MALONE
has released them.
Which OF the stawart journals Of the
North will have the fairness to publish the
facts In the LEE REYNOLDS case?
------------
The Richmond and Southwestern rail-
road is to be built, IL we may credit the
Clinch Valley Ne,os, which in its enthu.
siasm says: