Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-05-05
WILLIAM NEAUy CASE.
The Supreme Court Sets Aside the
Judgment of Our state Court.

WASHINGTON, May IA decision was
rendered by the Supreme Court of the
United States to-day in the case of Will
liam Neal against the State OF Delaware,
III error from the Court of Oyer and
Ierminer for New Castle county.
The following is full abstract:
This 10 writ Of error from a Judgment IN
netting the penalty Of death Neal, negro,
was Indicted III the state court for rape an
oHense punishable under tho laws OF the
state with death before the trinl the
defendant filed a petition for the removal of
tne prosecution into tho Circuit Court oil the
United States Cor the District OF Delaware in
aceofdance with section 6ii of the Revised
otatntes. The grounds alleged were that
IRON the grand jury which found aud from
me petit Jury which was summoned to Try
me Indictment, cltizenS OF the African race
other"ise qualified, We're excluded because of
Their race that such exclusion was By reason
OF the constitution and laws OF Delaware, alid
consequently the defendant had been and liz
Inc tilal OF his case wonld be denied the equal
protection OF The laws.
The state court denied the removal. The
state OF Delaware restricted the selection OF
Jurors to those who were qualified 10 vote ut
q general election, and tlu, constitution of
The state adopted III 1881, restricted suffrage
10 nee White male citizens. but the nd iilil.
cations OF the state court showed that The
Judicial tribunals of Delaware from the aduu-
tlOn of the Fifteenth amendment regarded
Tue white as stricken from the state cun5ttu-
tlon and the State had never passed any l,lws
indicating that the Legislative department did
not Recognize the legal effect of the ulneud-
ment. The state court ruled that the lawd vi
Delaware should 10 construed with refeIunce
10 the amendment tn part OF the supreme
law of tue land and that the constitution and
laws OF tue State did not require or authorizes
NaAll
because Of their race. The supreme Court
therefore hold that the exclusion OF coloied
jurors from juriea did not result as u matter
oi law from tue constitution and laws OF the
STATE, anu hence under the former decisions
OF the court the case was not removable.
but the court held that Tor any improper
exclusion OF cUlored citizens from julies by
the officers charged with the duty of selecting
them, and which the trial court refused 10
remedy, the remedy lay in the power OF ghls
COURT Ireview the Judgment oi the State conrts
whereby any right OF privilege secured by the
Constitution aud Laws OF the United States was
denied. lie court found III this case that there
had been an improper exclusion OF culvred men
from the juries because OF their race and Lila,
the State court erred IN refusing to grant The
mutl1n oil accused Ito qnash tue indictment and
the panels OF juries. The grounds for tiuse
motions were The same as Hose Assigned fur
removal.
lac judgment is reversed for procedures
upon further hearing on the motions III nc
cordance with the principles OF this opinion.
As has been time aud again publshrd.
William Neal, colored, now lies i'll the
county Jail at New Castle under sentence.
Of death for violating the person OF Mrs.
Magaret Gorser of Black bird hundred. He
has been several times reprieved that the
supreme Court might pass upon the case.
ist.tt 4