Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1882-01-09
A nourbo. Papers Flimsy Plea

4 bourbon Papers fiiImsy Plea
All the leading exchanges that have
noticed the defence of Anthony Aig,
gins, ESQ.,, in the Neal case, even in
GLIDING the Philadelphia Times, have
given him the credit of having doue
his duty as a lawyer, and of having
struck the mountain of prejudice
which rested like an incubus upon the
State, blow from which it will never
recover. Whatever differences of opin-
ion are entertained by the people in
side or outside of the State in regard
to the guilt or innocence of Neal,
even in regard to the verdict of the
jury, or in regard to the part that Mr..
Higgins took in the matter, there is but
ono opinion of sensible, intelligent and
uLprejudiced people, and that opinion
Is that he simply did his duty as a
sworn attorney Of the State, his ability
and character honors.
Look at the case in it's true light, and
what is there in it that should occasion
no much feeling and controversy? Even
admitting Meals guilt, his acquittal if
he had been white man would not
have created a ripple upon the surface
of public opinion. The verdict in the
case of Taylor which acquitted him OF
the murder Of his Chester county
frisnd-Mr. Bayard being his attor-
ney-was but days talk, and yet
there are but few who believe Taylor
was innocent. But Taylor was a white
man. Nobody ever pretended to believe
anything else than that the Eastern
Shore blue bloods, who left Jones the
black man lying in the Blackbird
forests for dead, were guilty Of the
foulest crime, but they were cleared by
the jury. No Bourbon paper ever
dreamed of printing the evidence and
arguments in that case, and using the
pamphlet thus published as campaign
document. Hon. Willard Salisbury,
the present honored Chancellor of the
State of Delaware, was never censured
for clearing certain DR.. West of
Dover of the murder of Cooch Turner,
though every body believed that Turner
was murdered in the most diabolical
manner. But West was a white man
and Turner was nothing but niger.
We have some recollection of the clear.
ing of q white man in Pencader Hun
dred of nameless outrage upon a
respectable colored girl of that HUI i
dred. This caused no excitement what
ever. Neither the lawyer nor the jury
that cleared him came in, for censure. /
Neither can the people have forgotten
the conviction and execution of Collins
and Chambers, two negroes, upon tie |
oath of white female tramp who bad
!. 70 be kept in the county Jail as wit
mess TO make sure Of the conviction OF |
the accused. The doubtful evidence
will be remembered as well as the
strenuous efforts afterwards made to |
induce Governor Cochran to grant
rsprieve. Even the woman who had
sworn away their lives, goaded by a
quickened conscience and repenting of
what she had done, Joined in the appeal
for mercy, but the appeal was of no
avail the negroes were hanged, in the
face of the popular belief in their limo
cenGe.
The verdict of the jury that convict |
I'd these negroes caused no such indig- |
nation, as is now shown because for |
once a negro has escaped the extreme
penalty of the law. No political capt. |
tai could have been made ou5 of the |
case by the dominant party in power
and so it was allowed to pass.
If we are not mistaken it will require
unusual effort to make much capital
for the Democracy out Of the Neal case,
though the threat Is made by the lead
ing Bourbon Journal Of the State to
flood it with pamphlet containing the
evidence and proceedings, What are
the boiled down facts ? Simply these:
In the Spring of 1880, William Neal a
colored man, resident of Smyrna, was
'sccuseu 2t committing an outrage on
Mrs. Margaret Gosser, a resident OF
Blackbird Hundred, New Castle coup
ty. He was arrested and lodged in jail.
Arraigned before the court he plead no
guilty and being without counsel
Anthony Higgins without any selicita.
too on his part, was appointed by the
court to defend him. Mr.. Higgins ac-
cepted the appointment, and in the face
of existing prejudices. and in the face
of the fact that no black man had es.
capped the utmost punishment of the
law, he determined that the accused
should have the whole benefit of his
ability. 1t wiz be remembered how
Mr.. Higgins fought the case, from the
start, first raising the point that the
Jury chosen was illegal, because of the
exercised discrimination that excluded
negroes from acting on the juries. 1t
will be rem rendered that he was over
ruled on this point and the trial pro.
cseding Neal was convicted and sen.
fenced to be hung. The trial over, Mr.
Higgins saw some weak points In the
evidence which be believed could be
Controverted il there was another trial,
He then took the cave on writ Of error
to the Supreme Court of the United
States, on the plea that he first made,
that the jury that tried Neal was lille
gal on account of Discrimination. 1t