Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-05-04
ONCE MORE
TAYLOR sTRAUDtR IS At LIBERTY.
Yesterdays Proceedings Before Justice
Caldwell-The Evidence, the Arguments
and the Decision Of the Court
The Transaction in Detail.

and the Decision OF the Court
The Transaction in Detail.
TAYLOR Strauder Is again free and after
almost nine years OF continuous life in
Ohio couniy's fail, by no means de-
sirab.e place of residence, he walks
about the streets, apparently without
care. His history is we'll known; the
ent re story from the time OF the murder
IN to the present havi g been written
and rewritten time and time again. His
case is among one of the celebrated ones
OF the county, involving, as IL did, seri-
Gus questions, and 1t will live among the
references for years to come. He is free
on a technicality or mistake somewhere,
and some people are OF the opinion that
he has already been sufficiently pun.
ished.
The story OF his arrest in Petersburg
after being discharged by the u. 5. Cir
cult Court has been published. and is,
no doubt, fresh in the minds OF all. 1t
now remains but to give an account OF
Yesterdays Proceedings.
1t was fully 10 o'clock before Messrs.
Dovener and Jordan appeared in Justice
Caldwell's rooms, and alter some passing
conversation Capt Conant was ordered
to procure Taylor Strauder from the
custody Of the jailer. Lawyers began
dropping in about this time and several
colored persons, friends OF the accused,
also filled the space outside the railing.
Squire Caldwell having assumed his
position, Mr.. Jordan commenced by
stating that in relation TO the two former
indictments he should contend that
under the decisions in relation to the
jury law and grand jury law, there was
at the present time no indictments; he
should call in this proceeding for the
true facts in this case.
At this point Mr.. Dovener said he
desired to file the following paper:
STATE of West ViryiniI IS. Taylor S,audet:
And the said defendant, Taylor Strau.
der, in his proper person, comes and
SAYS, that this court ought not to have
and take any further cognizance OF the
cause or warrant aforesaid against him,
because he says he was arrested for the
same offense charged in the warrant on
the 25th day of April, 1872.
That an indictment was found against
him for the murder OF Anna Strauder,
on the 20:h day OF May, 1872, by the
Circuit Court of Ohio county. it being
the same ofense charged in the said
warrant.
That thereafter such proceedings were
had in the said cause, that the same
was certified to the Circuit Court OF the
United States for the district OF West
Virginia.
That the said indictment is there now
pending and undetermined, and was so
pending and undetermined at the time
Of the issuance OF the warrant aforesaid,
TO wit: On the 9TH day OF April, 1881,
and from thence hitherto. And this the
said defendant is ready to verify.
Wherefore he prays judgment wheth.
er this court can or will take any further
cognizance OF the cause aforesaid.
b. B. DovHNER,
ittOney for Defendant.
State OF Vel Virginia, Ohio county, 10 nit:
This day Taylor Strauder, the defend.
ant, appeared before me, a Justice OF
the Peace in and for the State and
county aforesaid and made oath that
the matters stated in the annexed plea
are true.
Given under my hand this 81 day OF
May, 1881.
WIN. II. CALDWELL, J. p.
To this Mr.. Jordan objected and was
pressed by Mr.. Dovener to state his OBJ
iections. His answer was that the facts
alleged were not so.
Mr.. Dovener here turned to the States
counsel and stated that Mr.. Jordan was
not called on to issue the warrant that
Taylor had been arrested on; that it was
in contempt OF the United States Court,
and that while that indictment of 1872,
which he claimed was still pending, he
could do nothing. He referred to the
fact that Mr.. Jordan had prepared with
his own hand the warrant, a month be.
fore any decision had been made. The
indictments had been thrown into the
United States Court, and the Circuit
Court and any Justice oithe Peace were
ousted from proceeding until it was
disposed OF. He continued that any
one laying hands on Strauder was liable
to the United States Court.
Mr.. Jordan interrupted by saying that
sufficient unto the day was the evil
thereof.
Mr.. Dovener retorted that the evil
would come soon enough; that too
much prejudice had been shown, and
that it wss al indisputable fact that the
1872 indictment was still pending and il
!, hN, ,,rtt Of ,ArnhthtftAn
liable 10 be served from the United
States Court.
Mr.. Jnrdan-I want to say here, that
| propose to discharge my duty and will
not submit TO any bulldozing. II he is
entitled to his discharge, he will be dis
charged.
Mr.. Dovener-Of course he will.
'Squire-Gentlemen, do not be per.
sonsl, il you please.
Mr.. Dovener asked that s. B. McCol-
lOch, Clerk OF the Circuit Court, he
sworn, which was done. His testimony
was as follows:
Have been Clerk Of the Circuit Court
since January, 1871. The frs. indict.
ment against Taylor Strauder was found
during The March term, 1872, in May. A
trial was had and he was convicted. An
appeal was taken to the Supreme
Court OF the State. From there
a mandate was secured, ordering the
court to set aside the proceedings.
Nothing more was ever done; no nOHs
or anything else was ever entered in
the Circuit Court. In October, 1874,
another indictment was found and con-
viction had. The case was taken to the
Supreme Court OF the State, and thence
to the United States Supreme Court. A
mandate was secured from the Supreme
Court OF the State, it having come from
the United States Supreme Court, and
on August 81, 1880, an order was en-.
tered from Judge Melvin in obeyance to
the mandate, setting aside all proceed
ings and removing the case to the
United States Circuit Court. At that
time l sent copies of the 1874 indict-
ment, the defendants petition and the
orders made. Some time in January,
1881, | received orders for CO Dies OF all
proceedings in the entire case, and /