Daily Republican., 1880-05-21
THE COURTS.
The Neal Rape Case-contiuu uation
Of mr.. Higglns' Argument-Mr.
Grsy's Reply-The Argument Not
COncsuded-A Dfsawr eeIng Jury.

-
COncsuded-A DisaHreeIng Jury.
Specially Reported for Republican.
New CASTLE, May 20.
AFTERNOON SESSION.
The Court having taken recess at
the time the latest reports for the Re-
PUBLICAN closed yesterday, it convened
again at 8 O'Clock, when Mr.. Higgins
resumed his argument on the Neal
raps case. The following is the petition
presented to the Court by Mr.. Higgins,
attorney for the defendant, and which
was read just prior to the adjournment
of the court for dinner:
In the Caurt of Oyer and Termtner OF the
State of Delaware, sitting In and for New
Castle county.
MAY TERM, A. d., 1882
State OF Delaware inaift'nt dn,,ss S Ss rape he
,s'n (Dourt Of general ses-
| "aA A'e"i' sions for said county.
| TO The Honorable Court Of Oyer and Ierminc'
| offhe STATE Of Detdwdre, sitting in and for
| kew Castle county:
The petition Of william Neal respectfully
represents: That your petitioner is the de-
lend snt in the above entitled Indictment for
i the crime OF rape alleged to have been com
mittea upon one Margaret E. Goaser that
said indictment Was found in the Court ol
General Sessions Of the Peace and Jail De.
livery for said county by the Grand inquest
Of said county, on the eleventh day OF May In
slant, and has sincs been duly certified into
the Court Of Oyer and Terminer for the said
County.
That your petitioner is O citizen Of the Uni
| ted States and o. the State OF Delaware, OF
African race and descent, and black in color
that by the statutes Of the State of Delaware
all persons qualified to vote at The general
eleston are liable to serve as jurors, except
public officers OF the said states OF the United
States, counselors and atOrneys-at law, or.
dained ministers Of the gospel, officers OF col
leges and teachers In public schools, practic
ing physicians and surgeons regularly IL.
censoa. cashiers Of Incorporated banks and
ali persons who are now moro than seventy
years OF age; that by the Constitution of the
| State of Delaware the right OF an elector 1s
enjoyed only by male citizens above the age
Of tweDty-one years, who are also Tree white
persons, and is not enjoyed by virtue oi the
provisions of the Constitution Of said State by
persons otherwise qualified who are not white
persona; that the Levy Court is required by
| the law oil said State at its annual session in
March, TO select from the list OF taxable citi-
zens OF each county the names ofono hundred
| hober aud judiclous pers0ns 10 serve Of sum
mOned) as Grand Jurors al the several courts
to be helden In that year, and also the names
OF one hundred and fifty other sober and Judi
clio US persons to serve (if summoned) as petit
| Jurors In said courts that said Levy COurt for
ga d county, at their annual session In March
last, in selecting persons to serve as Grand
Jurors and Petit Jurors, as Aforesaid, III sum.
moned,) ior the courts aforesaid, including
both the Court Of General Sessions and the
Court of Oyer and Termlner as aforesaid, SO.
lected no persons OF cOl0r or African race to
serve as such Jurors, as aforesaid, but GA the
contrary thereof. did exclude all colored per.
sons and persons Of African race, because Of
| their race and color, from those selected as
aforesaid, to serve as and be drawn for
jurors as aforesaid; that the PfOthonotary
and Clerk of the Peace for said county drew
from the lists Of those 80 selected as aforesaid,
To serve as Grand Jurors, the Grand Jurors
by whom tho said Indictment against your
petitioner was found, and also drew from the
| list of those selected as ai0rtshid, to serve as
Petit Jurors, the Petit Jurors by whom your
petitioner is to be tried for his life under said
Indictment, and that from both the Grand
| Jury aforesaid and from the said Petit Jury,
all persons qualified by law to serve as iur-
ors as aforesaid, who weie perssns OF color
and of African race, were excluded as afore-
said because OF their race and cOloc from serv.
ing thereon as Jurors, and that said Grand
and Petit Jurors were drawn from and are
composed OF exclusively white persons, and
that, In fact, pers9ns OF color and Of African
race, though otherwise qualified, have always
in said county and state, bsen excluded from
serving on juries because OF their race and
color that by reason OF the exclusion as
aforesaid from said Grand and Pitt Jurors
in said courts of all persons OF color and
African race because Of their race and color
though otherwise qualified to serve as jurors,
your petitioner, in the finding OF said indi5t-
has hoan n n =
be denied the equal proteC tion otthe laws, and
will not have the full and equal benefit oil all
laws and proceedings in the State of Della.
ware Tor the security Of his person as is en-.
joyed by white persons; that by reason Of the
exclusion as aforesaid Of all persons of color
and African race from said Grand and Petit
Juries in said county, and by reason of the
Constitution and laws Of Delaware, in re
spect to the qualifications OF Juror, excluding
from said Grand and Petit Juries all colored
per ons OF African race, your petitioner Is dc.
MED, and cannot enforce In the judicial tri-
bunals OF the State of Delaware q right So
cured to him by the law OF the United states
providing Tor the equal civil rights OF citizens
of the United States, to wit: the right under
the Fourteenth Article OF the Amendments
to the Constitution OF the United states, to
the equal protection OF the laws and to the
right under said amendment and the acts Ht
Congress in the enforcement thereof TO a
trial under said indictment for his life by a
jury, from which the State OF Delaware has
not excluded all persons OF his own race and
color because Of their race and color.
Yourpstltiener therefore, ,prays this Honor.
able Uonrl that the said indictment and its
prosecution be removed into the Circurt
Court Of the Uoited States for the District Of
Delaware ,or trial at the next ensuing term
Of said Circuit Court, and your petitioner will
" Tsisnedl WILLIAM X NEAL
mark.
Sworn and subscribed to on May 10, before
John p. Springer, CLERK OF the Peace.
Mr.. higgins resuming his argument
read the following from the opinion of
the, Supreme Court of the United States
in the case of Strander rs. West Virgi-
mia:
"Now conceding as we do, and as we
endeavored to maintain in the case of
Taylor Strander vs.. West Virginia, that
dissemination by law against the colored
race, because of their color in the Sc
lection of Jurors, is a denial of the
equal protection Of the laws to negro
when he is put upon trial for an al
legged criminal, ofenss against Slate,
the laws Of Virginia make 10 such dis.
elimination. II, as we alleged in the
argument, though it does not appear
ia the petition or record, the officer TO
whom was entrusted the selection of the
persons from whorn the juries for the in
dictment and triad of the petitioners were
drawn disregardiBg the statute Of the
State confined his selection to white per-
sons, and refused to select any persons
from the oolored race, solely because of
their color, his aetiou was gross viola
tion CT the spirit of the States laws, SIS
well as of the act of Congress of March
l, 1875, which prohibits and punishes
such discrimination.
Mr.. Higgins proceeded at considerable
length to read extracts from the deci-
sions of the U. s. Supreme Court in the