Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1892-02-12
Trial for Felony.

The trial Of Eugene Keyes, a well known
colored man, driver of the U. S. Express
wagon, for the theft of an express money
package containing $40 on it's way from
the Treasury Department at Washington
to the National Valley Bank here, has oc-
cupied the Hastings court since Friday
morning, and with all attendance OF colored
spectators exceeding any previous trial.
The proceedings opened Friday morning
with an application by MI. w. E. Craig,
counsel for the prisoner, for mixed jury.
1t was resisted by Commonwealth At
torney A. G. Gordon, on the ground that
the court had no right to grant it. That
question had been settled, Mr.. Gordon said,
in both the Virginia and U. S. Supreme
Courts. He did not oppose it because
| there were not colOred men in StauntOn
competent to sit on juries. for there were
such, but the z. s. Supreme Court in the
case of Rives and Virginia had decided
that no distinction can be made on account
of color and no man can be demanded to be
put Oh jury On account of his color,
whether white Oh black. and therefore no
Virginia judge could put colored men OF
white men on a jury because of their color.
MI. Craig.-I don't make the application
as a matter of right for my client. L REAL
ize the fact that the Virginia Court Of APP
peals, and the U. S. Supreme Court, in the
matter of Rives ard Virginia, have decided
that no such application can be made as
a right, [ make no such claim; but it is as
matter of favor in the discretion of your
Honor. 1 say to you that it is eminently
fit and proper that the race of my client
should be represented on the jury. Your
Commonwealth S Attorney acknowledges
that there are competent cOlored men here
for jurors, and has said he had no objection
to their being put on.
MI. Gordon.-No sir; I did not say that.
[ said [ did not object to a colored man be-
ing on jury, but l protest against his be-
ing put there on account Of his color. You
concede that you have not right, and that
you are asking it Of the court as matter
of favor-that is you are asking the court
to break the law IN order to favor your
client.
Judge Grattan.-The court understands
that MI. Craig is asking for colored men
On the jury not as right but as favor.
The court has no right to grant favor to
any prisoner. The prisoner has the right
to challenge the venire as to prejudice on
account of color, and it is perfectly compe-
tent for his counsel to strike off any venire-
men who cannot under oath say that he has
no prejudice against the pris oner on ac-
count of color.
The story Of the case is in sub
stance the same that has been already pub
lshed in the VINDIcAToR. The money
was sent by express from the Treasury
Department at Washington; reached Staun-
ton safely; was received and receipted for
by G. 7. Hammond the Express Agent;
was dropped at the depot in putting other
packages in the pouch was probably picked
up by Keyes who found the large amount too
strong temptation to withstand; was TAX
, en- by him to his house and hidden under
the floor where Chief of Police Waters
found sos of it on going to search the
house. About the only new thing in the
trial was that Keyes was put on the stand
and said the sos were his savings from his
salary and a furniture wagon which he ran
On the street.
The public have derived good deal of
entertainment all the week by the spats be-
tween the opposing counsel which carried
to the court house alarge number Of white
spectators who took no interest in the trial
OF its results.
Yesterday the argument was commenced
by the Commonwealth S Attorney, MI.
Craig replying for the accused. To-day
Messrs. Jas. Bumgardner and I. G. Kinney
will speak for the accused and MI. Meade
f. White will close for the prosecution.