Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-03-10
GREEN DISCHARGED.
xAsIAs-coRpusrLBcrro CASE HEARD
By yubay HusHEs
n Decides that the FEDERAL Courts Have
Exolusiss yurisdio,ies In Such Casss--
Appeal 70 be Taken,

At II O'Clock yesterday morning Judge
Robert W. Hughes. OF the United states
Court who arrived in The CITY the NIGHT be-
fore from Norfolk, heard the ho5cos- corpas
case Of Charles Green, a coiored man who at
the January term Of The iiustIags Court OF
Manchester was convicted OF illegal voting
IN the last election and sentenced % i've
months 10 isii AID dncd s5. Sergeant Her,
~ Fitzgerald. OF Manchester. upon whom
TIE writ was served on Friday, was present.
ACCOMPANIED bv Common we ilth's. Attorney
Charles L.. Paee end Aro,ney.Gcne'sl
Ayers, who Represented ibe slate OF virginia
IN the matter. q samuel Parrish, Esq. Tor
Mr. Edear Allan. ,opesrci - COUNSEL Tor
Green, AID the Government was represented
BY Assistan District Attorney James Lyons.
Tue CASE.
The ground upon which Mr.. Allan, as
counsel for THE prisoner or petitioner, ap'
piled Tor the writ was that the election IN
which the vote 81 arecn is alleged 10 nave
been Illegally cast was for Federal oth-
GERS and that the Voted states courts have
exclusive iu'sGicfion.
Sergeant Fitzgerald IN bis reply maintains
ed that the safe courts have competent
Jurisdiction ana that the prisoner IS IN legal
wealth both endorse this position, aud II -
upon this one GuesrSn OF jurisdiction that
the final adjudication Of the case depends.
ORDER or THE COURT
After hearing the case Judge Hughes
directed that the following order be entered:
"Upou reading the petition Of the petitioner,
Charles Green. and the return OF ii. f1tZ-
gerald. Sergeant o. the cts OF Manchester.
Va. 10 the writ of hGbedS corpus warded
herein and the .rsnscfiu, OF tue record oil the
proceeding IN the IIUstlngs or Corporation
Court OF Manchester. flied by the said Ser
geant as part 81 his return. the Court upon
consideration thereof and OF The Attorney
General OF Virginia and the Attorney ior toe
Commonwealth for the sad city OF Naocbes-
ter in behalf Of the ssid Sergeant is OF the
opinton and doth so declare and order that
the limited states courts for this district have
sole end exclusive jurisdiction 10 hear
md determine The matters and thinYs
alleged In the bill OF indictment found
IN the said Hastings Court Of Manchester,
spnn the ground that the acts OF Congress IN
such cases made and provided sections DOLL
and 55l4 Revised statutes United States)
have defined the offence charged in the said
indictment sDd prescribed t3e penalty there
for, and that the United states courts have
sole and exclusive jurisdiction thereof. and
that the I'D Hustiegs or Corporation Court
of Manchester had no jurisdiction OF the mat
ters and things charged In the said indiet-
ment against the said Charles Green. AND
the Court dot1 therefore 8djudge and order
that the said Charles Green is detained m
custody by the said II. Fitzgerald,
Sergeant OF the city OF Manchester,
~ violation Of the laws OF the United
States aud doth order that the SAID
Charles Green be discharged from the custo-
a fn.ao
gerald, sergeant as aforesaid, in open court
proved au appeal to the supreme Court OF
the United States from the judgment OF the
court di. char ling the said Charles Green from
custody, which appeal the Court doth allow
upon The execution OF bond payable 10 tbs
United StRies Of America In the penalty OF
$500 conditioned for The payment OF all
costs that NAV become due 20 the officers OF
the Supreme Court Of the United States. or
be occasioucd by this appeal, and the said
III. FITZGERALD having rendered BOND
executed aud conditioned according TO
law, with 4. \. Ayers az surety, The
same Is approved aud accepted. 10 IS there
fore ordered, pursuant TO section 100 OF The
Revised Statutes and rule "a OF the Supreme
Court OF the United states. that said Charles
Green be enlarged upon reeognzance with
surety In tne penalty al $3.50 for bis appear
ance 10 answer the judgment OF the supreme
Court OF the United Safes upon this appeal
or the judgment OF this Court made under
the mandate Of The Supreme Court OF TIE
United States IN the matter Of this appeal"
Az EARLY DECISION.
Judge Hughes said the ease was one OF
great Importance, aud be desired II to go up
10 the hixber court 10 be mnde test tie
made the order IN the Circuit Court so that
the mstter may come % ~ soon as possible,
and expects the appellate court TO review
md decide the ease wi,oin two or three
weeks. The bond raying been executed by
Sergeant FITZGERALD. Green will bave to re-
main 10 jail pendin.: the decision unless he
gives bail ID the SUN OF $780,
TIE CuALKLEY CASE.
The motion TO sppopf 4 receiver for the
effects and estate Of Ernest IL. Chalkley,
who receetlv made an ASSIGNMENT for The
benefit OF bis creditors. was set for hearing
Yesterday, nut several lawyers engaged as
counsel in the case were unable 10 be pres
snt because OF other engagement, and the
matter went over until tomorrow. The
trustee. Mir Williamson 1alley, who Is the
defendant 10 The sur Cor the appointment Of
q receiver. now has charge o! the property.
Judge Hughes viii leave for Norfolk to-
rnnrrovv might