The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-06-21

ond conviction and Henlenct OF death
] followed. We applied to the supreme
| court for writ OF error which was
granted and delivered III Wheeling the
last Monday bet9re tho Friday set for
execution. ! brought the writ myself
10 Wheeling. i,5 IN ~
1.-Two years more were consumed in
printing records, briSfr, crGuing and
deciding the case, when the supreme
court sustained the lower courts ruling.
and directed re.sentcnce The record
was then presented to Chief Justice
Waite, OF the Unlted States supreme
court, on the color question alone. and
he granted a writ OF er.9r. This brought
\ the proceedings nip 10 about tho year
1879, The, case was argued, aud the Uni
ted States supreme court held that not
only did the circuit cnurt oi Ohio county
err In refusing to send the case to the
United States circuit ccuri, but that tho
state supreme court nlgo erred In siis-
tanning tho lower courts decision. The
highest tribunal hold. also. that tho
state law providing .or the impaneling
OF grand and petit !uries was unconsti-
tutlonnl, and directed he state supreme
court TO revise its decision and, by Its
mandate, 10 direct the circuit court OF
Ohio county 10 set aside proceedings
had subsequent to the filing OF our Pc
tition' for transfer, and 10 certify the
case to the United States circuit court
for further rroceedings.'
Mr.. Davenport died In 1880, and ,much
TO my regret. was donled the pleasure
OF pursuing the mater TO the conclus-
Ion, which, ns'you know, brought VIM
dlcutlon OF our position.
"Thc case dragged .or nearly year.
but at last It came Up In the United
States circuit court. Nothing but the
Indictment and the petition wen before
that court, the subsequent proceedings
having been annulled | there filed not
only the opinion OF the United States
supreme court respecting jucleS, but n
plea In abatement, to the Indictment and
cited the decision OF the same court as
10 the illcgalltv o. the law under which
the grand jury which fonnd the lndlct-
ment was ernpanelled.
l 1.-THE Issue was finally argued before
Judge Jackson. at Parkersbu.g. whose
court had circuit court powers, He
sustained the plea In abatement and
discharged the prisoner.
Henry Conant, then chief OF police OF
Wheeling, in anticipation OF the courts
decision, was In Parkersburg, armed
with warrant for Strander's re-arrest.
He undertook to execute 1t in the pres
cnce of the court. but Judge Jackson
called n halt. a.
lyon canont molcs. That man In
this court ROOM said Judge Jackson
from the bench. 'yon must walt until
you get him outside Consnt withdrew
to await Straudcr on the pavement.
4 talked with strauder of one
side, for nearly on hour" continued
Captain Dovencr II tcld him among
other things. he was then In Parkers.
burg without money. and that he woult
better submit to second arrest and
thereby make his fare 20 Wheeling.
"Strauder was arrested by Conant
and taken back. In custody. to Wheel.
Ing, and was a:ralEned before Squire
w. II. Caldwell, the o5a of June. ter
years, two months nrG several day.
from the date OF the crime alleged.
appeared for Strarder and moved fol
his discharge upon The grounds that III
had been all these years in prison
awaiting and demcrdInu legal trial
that he had been tert In prison with
out having been legally indicted. I citet
the provision OF law which required tina
a person charged with felony and III
| jail should be indicted within three
terms OF the court held during his in
generation, except the delay be through
the prisoners fanlt Otherwise, HI
should be discharged, The discharge t,
be bar to further prosecution. Th'
magistrate without hesitation accepted
that view OF 1t, and Strauder was re
, leased.
1T cost Davenport & Dovener s1,20
for printing records, hrIcss, expenses o
/ travel, ETC., alone, end we did not re
ceive one cent for fees. notwlthstand
ing, through the liitcrcess!on of Mr.
! John Frew. the county commissioner
: provided for the expense os printing tn
record from the circuit court to the su
preme court.
! After his release. Ss-snder went t,
Belprc.. Ohio. He married again, prob
ably, but had lost sight of him, unit
read In the papers OF his recent arres
/ In Pittsburgh.
zone OF the slnrnlar phases OF III
case was that while Strauder admitted
TO me the killing. although in {
measure iustifying or excusing tn,
deed, he eventually persuaded himsel
he was entirely innocent, and that hi.
counsel were keeping him in jail as I
means Of advertising themselves. II,
wrote me a letter, In fact. which Still
hold as memento, ordering me to &c
out OF the case.
Richard S. Brown contested for thu
office of sheriff OF Ohio county durln.
the progress of tee ong-drawr-ou
trials, and was elected. One of the sen
fences for Straudnr's execution was t.
be executed by him while he occupied
the Office. Nearly eve: ?body expected
the execution 10 occur. AMI among 9th
ers who held this view was carpenter
n friend and supporter Of Sheriff Brown
. This carpenter vent to Brown and mp
piled for the contract to build the scat
fold. Brown gave 1t to him, but stipu
: lated, as l was told, TIA: the work wa:
not to be done until all doubts about tn.
hanging were removed The carpenter
had no doubt about the matter, ant
went ahead. He got the scaftold al
ready to put together. and, OF course
WAS q loser. He demanded $50 as com
pcnsntion. and was refused. Finally
he sued Brown for that cmount, and
as remember 1t. lost his case. As re
suit of this long tPht on the discrimI
nation against colored men the legis
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