The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1881-05-03
THE NEAL RAPE CASE
The Supreme Court ReVerses the
Decision Of the State Court.

1T HOLDS THAT NEAL MUST BE INDIC-
TED AND TRIED BY NEGRoJURIEs.
WASHINGTON, May 2.
A decision was rendered by the Su-
preme Cour of tbe United States to-day
in the case Of William Neal against the
Slate of Dela1 are, in error from the
Court ofOyer and Terminer, for New
Castle county. Neal, who IS negro, was
indicted, tried and sentenced to death by
the State Court, for the crime of rape.
His appeal TO this Court is based upon
tile fact that the State Court refused to
| grant q motion made by him that he in
d;ctment and pauel OF jurors be quased
Tor the reason that colored men were ex-
cluded from the grand and petit juries
by which he was indicted and tIed. This
| Cour' holds that the exclusion of colored
persons from the iuries which is com
pained Of In this case did not as mat
trr Of law, result from the Constitution
and laRs of the state. The case, therefore
could not have been properly removed
To the Federal Courts. Since, however,
| there was an improper exclusion of color
| ed men on account of race from the
| juries, by which Neal was indicted and
Il SilON thC AOLAbC NOutt CIItu Ill
grant the motioH of tho accused To quash
The indictment and the panels of jurors.
Its judgment is, therefore, reversed with
clsts, and the cause remanded with di-
rectlons to set aside the judgment and
verdict, as well as the order denying the
| motions to quash the Indictment and
panels OF jurors, and Tor such proceedings
up further hearing OF those motions as
may be consistent with the principles OF
tse opinion of this Court.
Justice Harlan delivered the opinion.
DISSENTING OPINIONS.
Chief Justice Waite dissented on the
ground that the mere fact that colored
persons were not allowed toserve on the
juries in this ease did not prove that dis
elimination was mas made against the
defendant on account of his race. The
unsupported affidavit of the accused that
the exclusion of colored men from luries
in Delaware is on account of their race
is not enough to testify this Court in re-
vcrslng the judgment of the Court below.
Justice Field also dissentented on this
ground aud for other reasops given in
substance in his dissenting opinion In
the case OF Virginia VS.. RiVes, 100 u. S.,
322.
THE PROBABLE RESULT.
A GAZETTE reporter called upon At
torney Gray, this morning, and inquired
what would be the probable result pur-
| sued IN regard to Neals case. Not hay
| ing received the full text OF the Supreme
Courts opinion, Mr.. Gray was unable
to say what the result would be, further
than that Neal would again be tried in
the Court of Oyer and Terminer. If,
however, exceptions should be taken TO
any Indictment found by the present
Grand Jury against Neal, then his trial
might have to go over until next Nav,
whera new Grand Jury will be drawn.
THE SUPREME COURTS VIEW.
From personal letter lust received
from Senator Bayard, Attorney-G General
Gray read the following postscript peril
ment to the Neal case
| ~ have just seen Justice Field, and
he says the Court concurred in your ar
gument unanimously as to the conclu-
siveness of the adjudication of the State
Court in regard to the effect of the 18th
and 18th amendments upon the State
laws and constitution and they also
denied the right of the defendant to re-
move his case to the Circuit Court. But
they say it was an error to refuse to him
prove the intentional exclusion of ne
groes from the panels"
WHAT MR.. HIGGINS THOUGHT.
Mr.. Higgins, counsel for Neal, like
Mr.. Gray, was net ready to predict
future action until he received the full
text of the opihion of the Court. Per-
sonally, however, he would prefer the
case should not come up for trial at
least until next September.
Col. VIM. G. Whiteley said If Neal,
after second trial, was again convict
ed, and Mr.. Higgins again moved for
the quashing Of the indictment ON the
ground of the improper exclusion OF
negroes from the jury, the Court could
call in the members of the Levy Court,
and inquire of them if they excluded
negioss on account of their color. II
they answered that they did not, then
the trial would be legal.
MEALS STATUS.
The proceedings of the Court below
having been reversed, Meals status il
now precisely az it was previous to
the May Court, 1SS0-that of a priso-
ner awaiting Indictment and trial fol
a capital offense.
|