The daily gazette., 1880-05-24
FIFTH EDITION.
THE COUNTY COURTS
OPENING OFTHE THIRD WEEKS
SESSION.
OPINION OF THE COURT IN THE CASE
OF WIN. NEAL-MR. HIGGINS MO-
TIONs DENIED.

IiONb DENlhDs
Specially reported for the GAZETTE.
New CASTLE, May "a.
Court reassembled at 10 o'clock this
morning, Chief Justice Comegys and
judges Houston and Wales on the
bench.
The attendance was much larger
than usual, the c@urt room being
crowded in a few minutes after the
bell commenced to ring. The libel
suit, combined with the expectation
that the opinion of the Court in the
Neal case would be delivered, attract
ed large number of persons.
The jury lists were called. and nj
10 10 Judge Comegys delivered an
opinion upon the motions of Anthony
Higgins, ESQ.,, for removal of the
case of Vim. Neal, col. indicted for
rape, TO the U. S. Circuit Court, for
the quasbing of the indictment and
jury panels, on the ground of colored
men having been excluded thorefrom.
Chief Justice Comegys said the Court
were unanimous in the conclusion
reached in the cas-, though they might
not concur in all the points expressed
by him. Jedre Wales had prepared "a
separate opinion, but Judge Hous ON,
being engaged in other duties, had not
done so, nor had the Chief Justice, on
account of having been compelled to
prepare his opinion since Saturday.
had an opportunity of submitting it to
his colleagues.
The ChIel Justice then delivered his
opinion, the reading of which occu-
pied about TWEEN Y minutes. He held
that it had not been made apparent
that colored men had been excluded
from the ,juries, because of their color.
nor thai by the cons tuition and laws
of this State colored men were prohib-
tied from juries.
The opinion was ample in its reason-
ings, aud yet 80 clearly and concisely
did IL cover all the points involved, that
a mere synopsis would fail TO give an
idea of its time, force ahd effect IL will
therefore be given in u complete form
in the GAZETTE.
Judge Wales followed In a concurrent
opinion which differed only I'm reasoning
and form of argument from that deliy-
cred by the Chief Justice.
In relation to the absence of colored
men from the last juries dra wn, the
opinion held that there was valid and
= Efficient reasons to believe that col
oIed men were left off the panels with
out bias or prejudice. 1t also review
ed the condition of the colored race in
this State and showed how few of
them, from education aud lack of ad-
yantages were unit and utterly un-
qualified for service rs jui ors.
The opinion further leld that the al
legations OF the petition had not been
conclusively established, and there wa.
nothing 10 indicate that the Grand jury
which indicted and the Petit Jury which
was TO Try, were nOt impartlally se-
lee ed
Judge Houston said he did not have
time TO prepare AN opinion, but he had
considered the cases Ia the Supreme
Court, cited as being applicable to this
case, and did not think this case iuyoly-
ed the principles ruled in any of them.
Judge Houston then alluded 10 the first
sentence III Nr Higgins affidavit, to
the effect that a cOlorrd man Is not
voter by the Constitution and laws of
this State. This, he said, is an assertion
ehet ohOhih NV nave OttIl tDdut. mere
is not u lawyer in the State, whatever
his political views,who will not say that
the word "white," in the Constitution,
is, per sc, utterly oblteIated There
fore, there is 10 discrimination against
colofed men as Jurors, on account OF
color.
Judge Houston then briefly reviewed
the bearings Of the matter, aud an
nounced that he cohcurred in the con-
clusions of Chief Justice Comegys and
Judge Wales Oh the legal ques ions in-
volved Ia the case.
Mr.. Higgins, counsel for Neal, the col
Ored man indicted Tor rape, noted ex-
ceptiOns to the respective rulings of the
Court, and then made motion that the
Court direct subpnnas Tor witnesses to
be named by hin, TO testify as TO the ex
clusioD OF cOlOred men from iulies on
account OF their color. lie hoped tie
question would be determined not on
the insuificiency of evidence, bat on the
rights of the defendant. MI. Higgins
said lie was constrained to make This
motion That stor bvious reasons he cou d
not obtain voluntary aflidaVits from the
members and officers of the Levy Court,
for whom he desired the subpmnas.
Attorney-General Gray SAID the mo-
tions first made by Mr.. Higgins were
grounded on the statements If tie petl-
tlon presented by him, and inquired if il |
would be regular, after the delivery of |
the opinions, to allow supplementary |
proof 10 be introduced.
MIR. Higgins said his idea was to |
call The Levy Court and the Clerk OF |
The Peace TO show That there are no col. |
ored mems nImes in the jury box, ana |
further to examine them as 10 their in
tent and purpose in the omission.
Judge Hou ton inquired of MIR. Higgins
why he did not take his petition to the |
U. 5. Chcuit Court, AID investigate
there.
MIR. Higgins replied that the Circuit
Court poss ,s'ed no jurisdiction unless
there Is a statutory exclusion Of colored
men from jures ia Delaware. This
Court, however, has de ,ided that there is
no such exclusion.
Judge Houston said the forming of |
luflts was not "A matter of erciuSion, but
oi election and selection, and that no
man has right TO be on Jury.
Ihe Chief Justice said he really did
not remember of ever seeing an Irish
n'an on ajury in this State but lrishmen
are not excluded because they do not
happen to be on.
AttorneyG General Gray asked the