The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-05-02

d. The case was first heard In the Stat'
Circuit CouFt, and alter long trial StTaude
was convicted oil murder In the. first 90
gree. Co. n...
Dovener, then carried II To the supremt
Court Of the State, which reversed the de
cision ofthe Circuit Court, on the grount
that the County Court should have hac
the first whaCk, 10 use non.professiona
but expressive term, at the case.
%, A new trial was had, the case beinf
certified into the Circuit Court, and again
Strauder was declared guilty, and thu
former sentence pronounced.
q! Again on D legal technically The
case was again carried 10 the Supreme
Court OF the s ate. This simply was, thai
the Jury law OF this State was unconstitu
tionsl. The Supreme Court affirmed the
judgment Of the lower court and gave %
lie OPTION that the exclusion OF Golored
men on The Jury ives legal and valid. &
IS. Here the cause was carried upto the
United Stated Supreme Court. The pleaH
were filed in writing, and after some de-
Law a decision was rendered that the West
Virginia Jury law was unconstitutional In
the point noticed above, and directed that
the case be tried BY the United States Or
cult court upon tho appeal Of the prison
er's counsel.
u. The Supreme Court was officially
notified Of this and through II the Circuit
Court and Strauder became thereby O
United States prisoner.
I'll The result Of the trial In the U. s.
Circuit Court 10 stated above,
When the case was sent back 10 the
Circuit Court by the Supreme Court ot'the
Stale the SECOND time, q new indictment
was presented and tho old one was neither
ouashed or nollied, 90 the reporter 10 In.
formed by Captain Governor. He claims,
and with much planibillty, that when
the entire case was sent 10 the United
States Circuit Court that the first indiCt.
toent stands, and that Strauder is still the
prisoner Of ths United States and subject
10 trial on II. He says the proceedings OIL
the Justice In issuing warrant under the
circumstances will be null therefore.
Aside from this point, however, section IL
Of chapter 1888 Of the code says:
"a person In Jail, on q criminal charge,
shall be discharged from imprisonment II
be be not indicted before the end Of the
second term Of the court, OF which he is
held 10 answer, Unless Il appear 10 the
court that material witnesses Tor the State
have been entiCed or kept away, or are
prevented from attendance by sickness or
inevitable accident"
OF course tie Illegally oil the court pro.
oeedinRs will bring up among other nice
questions whether Stfaudef was not held
In custody illegally.
In case be was would be have recourse
on the State for false imprisonment fof
any portion Of The time he WA In fail,
under the provisions Of the above7
CsptRin DoveEiet 10 confident OF bis
ability 10 eel 5tfaudsr free In a short time
and thlhks the latest prosecution will ap.
pear In rather al uuiavorable light when
be brings the legal batteries into play
which he now claims he has In position
and ready 10 carry destruction into the
opposing force which IL now represented
By Prosecuting Attorney Jordan.
This latter individual was sought for by
an 1NTELLiGENuRR reporter last night, but
he could not be found, and lie readers
will have 10 postpone theft curiosity 10
hear what this gentleman will have to say
regarding the new phases Of this "Cele.
btated case"
Straudef will be brought TO Wheeling
to-day. He prefers remaining IN the Par!
kersbufg Jail aB he says II 10 cleaner and
toomleT And altogether more pleasant.
During hi6 long life behind the bars
Sttandef has improved BID mind IN or.
dlhAty studies and ls nov q very ihtelll.
aaNI natnXaH NAV Tha aIsaaa NsaLakiU
ties are that he viii soon be 81 liberty and
II he puts bis acquired talents 10 good uie
he may yet become q valuable citizen.