Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-05-04

impression is that the first indictment
va, fcuud previous to the Law OF 1873.
Capt. Copsnt sworn: made the ar
rest on Saturday. He had been dis
charged. Do not know that any pro-
ceeding was yet pending. The officer
had left him and he was walking about.
l was going to arrest him in the Court
House but was reminded that it was
not West Virginia property and waited
until he was outside.
Mr.. Dovener was then sworn and
stated the proceedings OF the court as
stated in Mondays issue, the various
motions made. etc, always keeping to
the mind of the Court that this had
transpired on the 1874 indictment.
Counsel wishing little time to pre-
pare authorities the argument was post
poned until 2P. NJ.
Strauder ras present during the
morning looking as neat as pin and as
calm as a summer morning.
At Two O'Clock.
At the hour mentioned the 'Squire's
Office aga n filled with colored people,
the prisoner was again brought from the
Jail and the attorneys soon filed in, fol-
lowed by several Of the lawyers OF the
city, who were there to listen.
Mr.. Dovener commenced by stating
that there was a premise Of law that no
one would dispute, and that was, that
when an inferior court takes charge oil a
case and it is moved to higher court,
the lower court never again can take
that case, unless the case be referred
back by the higher court. What was
nov complained OF was the TACT that the
petition OF the prisoner having been
made, ousted the case out OF the State
courts, and what was now done must be
done in the Federal courts, and not in q
court like the present one.
Mr.. Dovener then reviewed the case
from the beginning to end and made
these points. To the indictment OF 1872,
n petition was made after conviction
asking the case be sent to the United
States Circuit Court and also an objection
was made TO the form Of the indictment
both OF which were overruled. The
speaker quoted law 10 show that when
a petition was made to change a case
into Federal court the case was there
taken, or disalowed, but it had not been
so in this case. 1t had however gone to
the Supreme Court OF the State where it
was decided to be wrong in this, that q
trial under an indictment had been
begun in circuit court before an ex-
animation WIS had in a county court.
Another Indictment was then gotten out
in 1874, the State there makinga mistake
in not quashing by nOlie or otherwise
the 1872 indictment. While under the
1874 indictment, the United States
Supreme Court issued a mandate order
ing the case to the United States Circuit
court; it OF course took both indict.
ments, as it would not do to take a case
and divide it-leave half in one court
and half in another. When il came to
trial the State was asked to elect the one
it would work under and chose the 1874
indictment. Under that one he was
discharged, and it should have been the
duty OF the State to have asked the
court TO hold the prisoner to the first in
dictment. the second having been
quashed by his plea in relation to col
ored men on juries, instead OF arresting
HIM on its own responsibility. There
was now an indictment held over this
prisoners head IN the Federal court, and
until that was disposed Of, no proceed
ings should be had. The discharge OF
the prisoner was asked for. In the ar
gument large number OF cases were
referred TO.
Mr. Jordan,in opening, said he should
be very biiei and he kept his word,
making however some extremely good
points in short space OF time. lie con.
tended that the entire case had been
acted on; that Taylor Sirauder was not
liable 10 any action, except what might
result from the present trial or hearing;
and that under the decision OF Judge
Jackson's court, there Was no indict.
ment.
Mr.. Dovener replied in few words
and laid down a course that might be
pursued by the State on the other i'll
diCtment.
The Justice in summing up and con-
sidering the evidence offered and the
arguments made, said that there simply
seemed 10 be one question on which
there was difference and that was,
whether the indictmen. OF 1872 was
alive and in effect or dead. By the evi.
dence nothing had ever been done with
it and it was therefore in force and the
prisoner was discharged.
Mr.. Dovener shook hands with Strau.
der, who seemed in very happy mood.
as well he might, for he was now once
more free man, able TO come and go as
he pleased although he said he expected
it would not be long until he was again
nabbed. Going out on the street open
hands were extended to him on almost
every side. lie got his baggage from
the Jail, slowed it away in Mr.. Dovener's
Office and announced that he should
Immediately look about and find SOME
thing to do.
So ends another chapter IN the event.
full life OF this renowned character.