The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-03-23


sr.rrs DISTRICT COURT AT LYNCH
Vsn .,no.rr1If. or JUDGE JOHN HIlL' or BUN.
srv.w von NOT PUTTING NEGkoEs oS
..s,,ssr rms TESTIMONY - ACQuiTIAL VI
sur sccusrp-sATugDAY' rRocsED'S"S'
IReported for The Disra'cl'j Z.
...,,as rsnort than that telegrapne0 OF
;ra nortan, \ case as that OF the tr'a' O =
S vs ~ ;udcc ~ Federal court VIII no doup'
- ~ s,ectcd by the readers OF the DtSPdtcn,
=. ,seresore send you the details OF the triai
=, Indrr hin. Of Buckingham, In judge
p,vas,s court. for the alleged offence OF ia'''
ure 70 place negroes on 1uries,
tIcsn Thomas 8. Bocock, Major J0nn ".
nassel and Mr.. Dsudridge OF Wincnester
fts, last representing the State), appcsteu
Tor the defence. aud Captain Lurty iH tue
= .osecution. The Jury was sworn, tue 10,
lNjc,ment read, ard the plea OF "not guilIy
entered by cosssel for the accused. Inc
usuaj opeuing speeches were made
: District Attorney Lurty opened the case
for the Government, Stating tbat ne eA,
pected TO grove that The defendant nau
| failed to comply with the law that 1uries DC
selected without regard to race, color, 0,
previous condition OF servitude, ana leao
The law bearing on the case. he expected,
he said, TO prove that though tnere were
|
petent 10 serve on juries, not one oil them
had ever occupied the jury-box 10 Judge
HIPS court. II the Government failed to
proye beyond reasonable doubt that
Judge Hill was guilty, he wanted prompt
verdict Of "not guilty." lie only wanleo
| justice.
MaJor Daniel, OF counsel for The defend
ant. opened the case on that side, and eX-
pIuiued the law Of the ease, conteDding
that Judge Hill had excluded nobody from
| Jury service by reason Of race, color, or pre-
yious corditioD OF scrvtude. But the IN
dictment was incorrect in its statement OF
facts, for celored men had served on juries
ia Judge HIPS court.
Mr. =. A. Forbes, late clerk OF BuckiDg-
ham County and cuI':Courts, was sworn.
and deposed that in 1878 Judge John Hill
presided over the County Court OF Buck
ingbam during the year 1873; that Judge
Hill selected the names Of tue jurors, and
that col0red men were frequently sum-
moned on grand iuries, but not on petit
iuries. Colored men served as gran0 jurors
in the Circuit Court. The cOlOred race have
a small majority IN the county. Could not
say how many cOlored voters in the county
are competent TO act as jurors. Some OF
them had served on grand iures for several
Guiding any Juror on account OF color. He
remembered that in one ease there was
petit Jury composed entirely OF coIored
people summoned by request TO try a spe.
cial case.
Mr.. Bocock here offered TO prove that
Judge Hill had declared hat he would sum-
mon a colored jury whenever it was re-
quested to try any ease in his court, and
ibat the CONFERENCE.-The attorney had
made this declaration In open court.
The Court refused 10 receive as evidence
the statement OF the Commonweath'sa ttor-
ney, who Is now dead.
The witness then stated that Judge Hill
had repeatedly said IN his presence that he
would summon "A coiored jury whenever
requested to do so. COlored men bad served
on all the grand juries for the last five or
six years; he bad never heard OF any co.
lored man asking IN be nut on jury.
Colonel d. j. WoOdtin testified that he
was Commemorative attorney OF Bucking-
ham county from July, 1871, to July. 1875
in the year 1873 he did not think any color
ed man was drawn on petit jury. The
cOlored majority in the county is about 400, |
in vote II about $500. as near as he could |
He had not said ANYTHING to |
Judge Hill about negroes being put on
petit iuries any time during the year 1873; |
but after the passage OF the act regulating |
the selection Of Jurors he gave Judge Hill |
a list OF colored men from the several town |
ships in the county. all OF whom he thought |
TO serve, but none OF whom were |
chosen. This was in 1871.
Major Daniel said the act referred to was |
not passed until 1851
Colonel Woodtn, continuing, said he had |
never mentioned The subject 10 the Judge |
since that time. There were some InteIli-
gent men of character in the county, but |
how many be did no; know. He knew that |
a large number OF coloIed residents had not |
paid their capltatioD-tax for 1879. lie had |
seen colored men on grand iuries since
1875. and had seen enc petit jury composed |
exclusively OF colored men. Did not think |
that, with this exception, he ever saw a CO.
lored man on petit jury; didn't remember
whether the list Of jurors he saw in the
clerks office in 1875 contained the names vi |
100 or 300 persons. The clerk took it from
his desk and showed ii to him.
[Here Mr.. Bocock read tine law, empnati-
calIy declaring that the list referred to
Should be safely kept in the custod, OF the
clerk, subject only to the inspection Of the
Judge
Mr.. WOodfn's testimony was continued |
at some length, but the above is its sub
stance.
Hon. William NJ. Cabell testified that |
Judge Hill had never, 10 his knowledge, eX.
cludcd negroes from his inres. He bad
acted, without pay, as COmmOnweal his at
tOrDey in the absence Of the proper officer,
and frequently conferred with Judge Hill
about The business OF The court during The
years 1878 and 1870. After Judge Garland,
OF the Corporation Court II Lvnchburg,
placed negroes on grand iurie>, he talked |
with the CONFERENCE.-The attorney IN the
presence OF Jude Hill. in open court, VINO
SAID they were willing to put colored men
on any jury when counsel in any case de-
sired 1t. Commonwealth ATTORNEY Haynes
stated IN the bar that negroes would not be
Xcluded when It was desired that colored
iuries should be summoned. On one coca.
sion he knew that Judge II had tried n
case with jury composed exclusively of
negroes.
Mr. Robert Hnhbal d, lawyer Of Buck.
lngham, sseXt testified hat be could not re-
member the circumstances under which The
srst application for negro jury was made
by Colonel Toodin, and understood judge
|1sil TO nod kss assent 10 the application. He
bsd never heard of Judge Hill refusing to
place colored people on iures.
Mr. Moss, Cenmonwealtb's attorney OF
testified that be had frequently
ieard Judge Hill Gag that he would SUMMON
coiored jury in any case IN wblch the par
les or tbeir counsel requested it. There
we're comparatively few cOIOred men in the {
ouuty competent 10 serve on jLries, and a
ew whites who were also incompetent.
Mr. Tnornb,ll, a lawyer, of Buckingham, !
crrObOraled tie abOye.
.Iu1pp Hill ba bofan0art xo,s 4