West Virginia freeman. (Parkersburg, W. Va.) 1881-1886, 1881-05-04
CASE OF TAYLOR STRAUDER.
The State of w. Va. Upon an
rs. lllulcthl1li'
Taylor Strauder. for murder
oral Opinion By Jackson, judge.

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This case presents grave ana I'M
portant questions, which were.argu-
ed at some length before me, and l
have endeavored to give them the
consideration their Importance de-
mands. The prisoner tenders two
pleas, to the filing of which the
State objects. The first alleges
that the Grand Jury which return
the indictment against him IN this
case was not summoned in pursu-
ance of the statute, and was not,
therefore, a body organized under
the law. The second states that
under the laws of West Virginia in
force at the time this Indictment
was found, colored persons were
Disseminated against in the selec-
ton and impannelling Of Grand Ju-
ries, On account of their race and
color. To get at proper under
standing Of the questions arising
upon the pleas, it becomes necessary
to briefly refer to the statutes OF
West Virginia under which juries
are organized, and also to the law
regulating the removal of causes
from the State courts to the Federal
tribunals. The LIST section of chap
ter 157 Of the Code Of West Virginia
provides for the summoning of a
Grand Jury at each term of the Cir
cult Court for the purpose of con-
sidering all offenses committed
against the criminal laws of the
State. This section was re-enacted
the 18th of March, 1878, probably
with a view to confer upon the
County Court at its session, power
to summon a Grand Jury, which
was created by the Constitution
adopted in 1872, 1t was again re-
enacted in substance on the Goth
day of December, 1878. This sec
ton Of the Code, and the re-enact-
ment of it do not bear directly on
the question involved, but are
merely referred to as showing the
authority for summoning Grand
Jury. BY the Sd section of chap
ter 157 of the Code, it is provided
that there shall be summoned for
each Grand Jury sixteen citizens
of the State who shall be freeholders
in the county in.which the court is
held and Gin other respects quail
fed jurors"
To determine who are ain other
respects qualified jurors we must
look to the statute that prescribes
the qualifications Of jurors, and from
it ascertain what are those quail
ifications The first section of
chapter AZ of the Acts Of this State
passed 1873 amends the Code and
provides that "all phitc male per-
sons who are 81 years of age and
not over 60, and who are citizens
of this State shall be liable
to serve as jurors. 1t is obvious that
this statute permits only white per-
sons otherwise qualified to serve as
jurors; and the second plea tender
ed by the prisoner affirms that by
reason of this statute there is
discrimination against citizens of
his race and color. Before | dispose
of this question it becomes necessa-
ny to refer to some extent to the his
tory of this case, to determine first
whether the pleas now offered were
rendered in time. This question
has been the subject of discussion,
with my associates upon which there
has been some diversity of opinion.
Feeling however that the response
bility Of this decision was with me,
have given the question involved,
much reflection, and thought, and
have reached a conclusion in which
think both the facts and the law
will justify and sustain me in the
view taken. The record discloses
that the prisoner was indicted in
the Circuit Court of Ohio county
in this State on the Goth day of o.
tober 1874, for murder: upon the
second day of the following Novem-
Der, he was arrigned upon the in
dictment and the trial commenced.
After the trial had begun, the pris-
oner moved the Court to discharge
him, for the reason, that under the
statutes of W. Va. he was entitled to
his discharge, if three terms of
the Court had passed since his con-
fnement in Jail for said offence be-