The daily gazette., 1880-05-21
FIRST EDITION.
MEALS CASE.
APPLICATION FOR ITS REMOVAL
TO THE U. d. CIRCUIT COURT.
Also Motions for she Quashing Of
Panels.

ARGUMENT FOR THE MOTIONS BY
ANTHONY HIGGINS, ESQ, AND
AGAINST THEM BY ATTORNEY
GENERAL GRAY-THE STATUS
AND QUALIFICATIONS OF JURORS
IN DELAWARE CLEARLY DE-
FINED.
The question of the right Of col
ored men on trial for felonies to de-
mand the drawing of men of their
own color and race on the juries to
try them was fully discussed during
the session of Court, at New Castle,
yesterday. This question is one of
the most serious that have arisen in
the Courts of this State, and it was
discussed with all the freedom of
latitude and earnestness that its i'm
portance demanded.
The question originated in the
case of VIM. Neal, col, indicted for
committing a rape upon the person
of Mrs. Margaret f. Gosser, a white
woman of Blackbird Hundred, who,
through his attorney, Anthony Hig-
gins, Esq, made application for
removal of his case to the United
States Circuit Court, ON the ground
that by the constitution and laws of
this State he was denied fair trial
by reason of the exclusion of colored
men from juries, thus depriving him
OF the rights guaranteed him by the
fourteenth and fifteenth amendments
to the Constitution of the United
States, and Section GAL of the United
States Revised Statutes, as enforced
by recent decisions of the Supreme
Court of the United States. The
petition, presented to the Oyer and
Terminer Court by Mr.. Higgins, was
in substance as follows:
Alter reciting the law for drawing jurors
in this state, the petition says: That
said Levy Court for said county, at their
annual session In March last, n selecting
persons to serve as Grand Jurors and
Petit Juro's, as aforesaid. (if summoned
for the courts Aforesaid, including both
he Court of General sessions and the
Court of oyer and Termiuer as aforesaid,
selected no persons OF color or African
race 10 serve as such Jurors AZ as Aforesaid,
all colOred persons and persons OF African
race, because OF their race and color, from
those selected rs aforesaid, to serve as
| and be drawn for Jurors as aforesS Sid that
! the Prothon ,tary and Clerk OF the Peace
| for said county drew from the lists ofthose
| 80 selected as afot esaid, to serve as Grand
| Jurors bv whom the said Indictment
| against your petitioner was found, and
| also drew from The list of those selected as
Aforesaid, to serve as Petit Jurors, the
f'etit Jurors by whom your petitioner is
o be tried for his life under said indtct-
/ ment, and that from both the Grand Jury
aioresaid and from the said Petit Jury ,afl
persons qualified by law TO serve AS jurors
| as Aforesaid, who were persons Of color
i and of African race, were excluded as
i aforesaid because OF their race and color
| from serving thereon as jurors, and thai
said Grand and Petit Jurors were drawn
from and are composed OF exc, usively
white persons. and that, In fact. persons
l Of color and of African race.
though otherwise qualified. have always
in saId county and y ate. been excluded
| from serving on juries because OF their
| race and color; that by reason ofthe ex-
| ciusion as aforesaid from sad Grand and
Petit Jurors In said courts of all persons
| If color and African race because of their
race and color though otherwise qualified
hnding of said Indictment. has been. an,
IN the trial thereof will be denied the
equal protection OF the laws. and VIII not
| nave the full a d equal beneht OF all laws
| md proceedings In the State OF Delaware
or the security OF his person IA is enjoy
ed ny white persons
In support of this petition, Mr..
Higgins addressed the Court with
great care, though forcibly and at
considerable length. He supported
his applications by liberal citations
from recent decisions of the Supreme
Court of the United States, bearing
upon the removal of certain cases
from State Courts to the United
States Circuit Court. These cases
were briefly stated, as follows:
l. The State of Tennessee, plain
tiff, Us. James M. Davis. In this
case Davis was indicted for murder
in State Court of Tennessee. His
! petition for a removal of his case
was based on the ground that he was
a Federal officer, Ia deputy collector
of internal revenue) and that the
killing was done in self-defense, and
while he was performing his official
duties. In deciding upon the ques.
! ton of removal the Court, Mr.. Jus.
tice Strong, decided IL. That an in
dictment of revenue official (of the
United States) for murder, found in 6
State Court, under the facts alleged
in the petition for removal in thii
case. is removable to the circui
court of the United States, under
Section CAB of the Revised Statutes
9. That if removable from the STATE
Court, there is a mode and manne
of procedure IN the trial prescribed
by the act of Congress. 3. A tria
Of the guilt or innocence of the de
fendant can be had in the Unite,
States Circuit Court. Mr.. Justic
Clifford dissented from this opinion
2. Er parte. In the matter of th
Commonwealth of Virginia, pet
toner: Petition for mandamus i
this case, two colored men, Burwel
Reynolds and Lee Reynolds, wer
indicted for murder in the count
s. court of Patrick county, Va. The
of moved for change in the uenire {
J., the court in which their cases wer
tried, so as to provide that one-thir
Is of the jury panel should compris
colored men. The motion was d.
MED, whereupon they aequested
removal of their cases to the U.
Circuit Court. By writ of habec
rTSr.e. q