The daily gazette., 1880-05-26
MEALS CASB.
WHAT CHIEF JUSTICE CoMEeYs SAYS
IN RELATION TO ITS REMOVAL TO
THE U. s. CIRCUIT COURT.

IN RELATION TO ITS REMOVAL TO
THE U. S. CIRCUIT COURT.
The following is The full text of the
opinion of the Chief Justice on the
motion to remove the Neal case from
the County Court to the United States
District Court; also to quash The in
dictment; and the Grand Jury and
Petit Jury panels
The prisoner, William Neal, was
indicted at the present term of the
Court of General Sessions of the Peace
and Jail Delivery, for the crime of
rape, alleged to have been committed
by him on the Goth of March last, upon
Margaret +. Gosser. The Indictment
was removed by certiorari into this
Court, for trial; and the prisoner being
poor the Court assigned him as his
counsel to defend him, Anthony Hig-
gins, Esq, who presented TO us last
week, tie following petition, support
ed by the prisoners affidavit.
[The petition has already been
published in the GAZETTE.
Upon consultation between him and
Geo. Gray, Esq, the Attorney Gener-
al, it was agreed that a motion to
quash the Grand Jury panel and the
indictment found by that body, and
also the Petit Jury panel in attend
ance upon this court for the trial of
such indictment might be considered
along with the motion to remove and
the argument was made of the two
questions accordingly.
Before proceeding to consider the
subject itself presented to the court
and the points of the argument pre-
sented by both sides, it may be allow
ed that notice be taken of the conduct
of the learned counsel in arguing the
questions before us. We have rarely
seen a case where the respect counsel
should feel for themselves and their
profession and the fidelity to court and
client which those who appreciate the
important relation they bear to the ad-
ministration of Justice should ever
have in view have been more carefully
observed.
The discussion was unimpassioned,
very able and free from any expires
sion showing prepossession of opinion,
or prejudice of mind. Throughout it
WAS characterized by a worthy pur-
pose of the prisoners counsel to Sc
cure him every right, or privilege to
which he was entitled, and like
amendable object on the part of the
Attorney General 70 protect the State
against The degreda ion az he conceiv-
ed to which she would be subjected
under the circumstances if the prisO-
ner's application should be granted
We are prepared always to see high
and distinguished members of our bar
rise above all considerations, except
those of pure duty in cause, but
there are occasions when the impulse
of passion and the best of discussion
Especially in cases like the present)
betrAy the most composed and well
governed into expressions tokens of
i'll feeling. There was nothing appar-
ent here, however, that evinced ought
but faithful, candid frank purpose
O present the questions made, or ar
gued upon the petition; so as to in
form the mind of the court, and enable
| it to make a right decision.
The order of discussion of the ques-
tions submitted to the Court, was first
| the question of removal, and second
that of quashing the juries and indict-
ment. We propose to treat them uni
versally.
The motion to quash is made upon
the ground that colored men, that is
men of the African race, were excluded
from the juries by the Levy Court,
whose duty it is, under our statute to
select the grand and petit Jurors from
he finding and trial of indictments.
If this, indeed, were true, the ques-
ton would be presented in shape diff
| ferent from what it now is; but it is
whatever. An excuse for not making
any, is offered by the allegation, that
the only mode of proving thai fact
would be by subjecting The Commits
sioners of that Court to the test of an
oath and they would refuse to answer
| lest they might be made liable to il
| dictment under the aforesaid act of
| Congress; and the Court is asked to
| make the inference of exclusion from
the circumstance that the prisoner has
| sworn to it, and that in point of fact
no negroes are upon either panel
Now, if the Levy Court were body
holding secret sessions for the trans
actions of it's duties there might be
some force in the suggestion, but as
we know as citizens and may notice
| iudicially as Il part of common knowl-
edge, to say nothing of the fact that
| it is the most important tribunal for
the regulation of our purely local con-
Germs which the State has, and one
which in one way or another almost
every ci izen has business with, the
proceedings OF the Levy Court are ne
cessarily public, and in point of fact,
as we have reason to believe, are al
ways transacted before such as choose
to attend; except only in the case of
making appoin ment of Collectors of
taxes. and constables at the session in
February and March. Why, then,
should there be any real difficulty in
making the proof il such exised9
The clerk of this court is clerk of
Court, attending at and assisting in
the transaction of all its business ; he
might have been examined in support
of the prisoners affidavit ; that Court
has bailiff also, who necessarily is
with it at all its sessions. Either OF
these could have been examined to tell
what he knew Of the matter and also
to saw whether at the time time the Sc
lection of the jurors was made, the
Court acted in close seclusion. We
cannot. therefore, infer that the Levy
Court excluded colored men from the
;r,;os simnly because there are none OF