Daily Republican., 1881-05-03
The Neal Case.

| A decision mas at lenStn Deen rtuuei
ed in the celebrated Neal case by tn
Supreme Court and Neal will again b
tried for his life. 1t will be remember
ed that Neal was tried and convicted a
the May term of Court one year ago fol
the crime of rape and sentenced to b,
hung. His counsel made motion dur
ing the trial to quash the indictment or
the ground that colored men were ex
Guided from the jury that tried him
The court refused to grant the motion
on the ground that the Constitution and
laws of Delaware did not exclude color,
ed men as jurors and that it was not
shown that discrimination had been
made against colored men in the selec-
ton Of the jury ,andoveruled Mr. Higgins
counsel assigned by the court forthe de-
fence of Neal, who hoproceededto to trial ,and
after the conviction of his client took
writ of error to the Supreme Court
and a reprieve was granted to Neal
from time to time until the case should
be decided. Argument WAS heard in
the case about the twelfth of March be-
fore the Supreme C0srt. States Attor-
ney-General, George Gray, representing
the State aud heavily feed 10y the LegiS
lature for doing 50, and Nc. Higgins,
assisted by N-State'S Attorney General
Devens representing the defence. The
decision Of the Supreme Court rendered
yesterday removes Neal back - the
State courts 10 be retired and hi,
case will probably come up at this pre-
sent May term of Court. If all the
Judges We're present there must have
been four of them in favor rofrcmandiug
the case back to be retired, as Chitt
Justice Waite and Judge Field dissent
ed from the views Of The other four.
The Supreme Court held thai there was
an improper exclusion from the .juries,
by which Neal was Indicted and tried, |
though it was agreed that this exclusion
did not result from the Constitution and |
laws otthe State,
1t is now fully settled by the highest
judicial authority in the nation that a
'oiored man put on trial in Delaware or
my other State is to bc tried by u Jury
hoSen without discrimination, and un-
nsS the Levy Courts in the State throw
way their political preiudic"S and put
h" names of some colOr"d men into the
ury-boX no colored man can b- conyic-
I'd of any crime whatever legally. THUS
great principle has been fully settled.
ven more cmplaticailv than in the
irginia cases. The decision opens th,
Try box 10 colorcd as well as white
tiz"nS, and from Delaware >ma,laS She
came the case which gave r4u,r for
It. PRONUNCIATION Of this decision which
tabliShes justice and equality through
It all the States Of the nation. To
nthony Higgins, Esq, belongs the
t,ise for testing tn laws and cstab- c
hing iustice-nut Of trying to clear
iSoncr Of tn" crime with which he
Is charged M Higgins entered
,on the case single handed in obr-
enc" to the request OF the Court. Like
faithful attorney hr lett nothing I'M
ne which would benefit his cliru-. He
: bad no fee paid him but the paItrv
owaucr made hy til" Court for such
>rS. He was maiigned and sti-mati-
/ by the leading Democratic speakers ?
the State during The late campaign.
/ from United States Senator B.tvarI
En to the gin mil. orator he was de-
nc"d for doing what he Us an attor-
: was sworn to do, The State L"gis-
lrr took up tn" case aud authorized
Governor to PIT his Land into the I
tr Treasury and take from it nearly =
louNInd dollars of the people, TAN a
ley to pay Mr., Gray an rNrrl fee for r.
oSing Mr., Higgins and defending 2
illegal acts Of the State But no'- 4
hstanding all this Mr.. Higgins has
implied and hereafter justice and
aIlty must be the rule and not the =
option in choosing jurieS in Dela- 4
e. !;