The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-05-04
BTRAUDER
Once hOre y Free Nam Is case Before
Justice CAldHell-A short Talk WItb
the Acquitted Man,


the Acquitted man.
"Fo' God, hit 'peered 10 dis chile wen
dat ar CSp'n Duvner tsCkled dc law fur
de shAcklss wur iist sgwins to
fall right away often his limbs, But wen
Mister Jurding au up every minute and
hemmed and spit fps, hi thinks to myself
dat he wants to hAb dat poo nigga hung
dis yer berry afternoon"
Such was the pavement opinion Of an
old colorsd gentleman upon coming down
stairs from Justice Csldwslrs Office yes.
terdsy morning after the evidence pro and
con in the Strauder murder case, with
reference to Its present legal status, And
the opinion doubtless correctly repre-
sented the personal feelings Of the legal
lights referred 10.
The hearing was set for 10 O'Clock, the
majority OF the audience which was not
large, being made up by colored folks.
The first proceedings whiCh were hardly
in order was tilt between Dovener and
Jordan, with reference to whether the
prisoner had been discharged from the
United States Circuit Court, and whether
the indictment Of '72 was still in force.
The Justice thought 1t best to proceed
regularly and the following plea was filed
by the prisoners counsel;
State Of West Virginia vs.. Taylor
strauder, and the said defendant Taylor
Strauder in his proper person comes and
says that this court ought not TO have or
take any further cOgnlzance OF the cause
or warrant Aforesaid against him, because
he says that he was arrested Tor the same
otTsuse charged In said warrant on the
25th day Of April, 1879; that an indictment
was found against him for the murder OF
Anna stEauder on the Goth day oil May,
1872, by the Circuit Court Of Ohio county,
1t being the same oGense charged
| In tho said warrant and that
therefore auCh proceedings were
| In 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 Ia there now pending
and undetermined at the time OF issuance
OF the warrant aforesaid to wit; on the 7th
day OF April, 1881 and from thence hith.
erto, and this the said defendant Is ready
to verify,
Therefore he prays judgment whether
this Court can or will take any further
Cognizance oil the cause Aforesaid.
B. B. DovRNER,
Attorney for defendant.
The above was sworn 10 by the de-
fendant.
A copy OF the plea fled In the U. s.
Circuit Court, upon which Strauder was
discharged, referred to his indictment for
murder In 1874. The Grand Jury which
presented this indictment was composed
OF Andrew Wilson, Geo. Deuech, Jas. V,
Chambers, j, s, Rhodes, g. ". Johnson,
L. S. Delaplain, John Frew, Jos. Graves,
W. B. Simpson, ]. g. Smith, John ".
Carroll, John Hall, 1Ssac Snyder and VIM.
Nichols.
In regard to the character and result oil
the trial In the U. s. Circuit court but few
witnesses were examined and few docu'
ments submitted. The case was then sci
for argumentat -.''r
AT 2 O'clock Pm.
Captain Dovener opened for the defense
and laid down as q premise that would
hardly be disputed, that when q cause was
legally carried to higher court and that
court entered decision, that the lower
court could not again have jurisdiction In
the same case. He cited the decision OF
Judge Jackson In the csSe and the opin'
ions OF Justices Bond aud Waite as con-
Iarmation Of this point. He claimed In
addition that the Indictment Of Strauder
for murderin 1872 wsSstill alive, and that
virtually the case was still In the Circuit
Court Of the United States. Various
statutes were read bearing on the point
and argued Of length by Dovener.
Prosecuting Attorney Jordan claimed
that the whole proceedings In the case
from its inception wa? sent to the Circuit
Court and that when the decision was rem
dered and the prisoner discharged the
United States Circuit Court was through
with It.
Doyener applied at length. He showed
that the warrant issued April 9Th, 1881,
was Issued when the case was In the
hands Of the United States Circuit
court. Other points Of defense, which
were briefly outlined In the INTRLLIdENcEH
Of Monday last, were elaborated upon and
the speech was one Of Dovener's greatest
efforts.
The Justice In rendering his decision
said he regarded the indictment Of 1872 %
still In force In the United States Circuit
Court and therefore discharged the pris'
oner.
At hearing the words which made him
free strauder showed quiet but intense
satisfaction, and as he parsed out Of the
door with his counsel he was heard to
mutter: ~ wonder II they'll get me
again2"
An INrELLIdkNcER man had q short talk
with him afterwards and inquired Of his
Intentions, now that for the first time
In nine years be had been out Of the meeheg
Of the law with prospects Of continued
freedom. ..
~ don't know sir, what l will do. I
am willing 10 work OF anything l can get
hold OIL"
do You expect to stay around here2"
"Yes cir. Here is where ! have the
bost friend that man ever had and I will
stay here always II / can makea living"
Nothing too complimentary can be said
OF the devotion OF the counsel 10 the de.
Tense Of this man. II fought for him
with every legal weapon and II ever man
should be full Of gratitude e!rauder shoHld
be 10 those who have stood by him
through thick and thin with nothing to
gain but the reputation.