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

Z z L E. 4. Il.
completed new canAtl.utlon, which
was submitted 80 a popular vote In
August, 1871, and adopted. It was made
n part OF that instrument that, In case
OF adoption. certain .,-UvlsionS should
have npplieatloii.-what provlsiops and
how applied need not be detailed here.
Colonel Richardson lort his life In
Wellshurg from The erefts OF a lamp
explosion, n!tcr the returr OF the In
dietment, and nothing vac done In the
case until 1873. Tho new constitution,
adopted in@ls72, md the laws made
hereunder provided for establish
Ing county md intermediate tribunals.
and specified that nny ore who might
be thc,cafter tried Tor n felony should
be first examined before the county
court. and there was no exception made
as TO indictments pcnding and undeter-
mined. - W
II had but short tlme before been
admitted 10 tho bar, and had become
n member OF tho frm OF Davenport &
Doyener. We succeeded Colonel Rich
nrdson as Straudur's counsel, md this
was my first case In tho circuit court.
Tho defense We mndc was strictly
technical. We entered no demurrer to
Indictment and made no plea, ,si
"our first motion vas to have the case
sent to the county court. as provided
for inrthe new constitution. for examl-
nation OF the case 20 determine IL there
was q probable cause for holding tho
prisoner. The law was that the magis-
trate lrst having cognlzarce OF felony
should hold the accused 10 answer to
the county court. which last named trl-
bunal was required 20 make IN examl-
nation and then, II tie facts Justified.
send the case on 10 the circuit court for
further proceedings Tho question was
as to Jurisdiction.
Z THE court overruled our motion, and
the case came on for hearing In 1874.
Fannie Green vas the only witness, the
law at the time dls1ualitying prison.
CT from tcstliyluE in his own behalf.
Strauder was convicted and sentenced.
AS counsel, Davenport & Dovener
filed n petition before this former mo-
tlon. I should have said. asking that
the, case be sent to the United States
circuit court, on the grounds that the
state laws Disseminated against color
in the selection OF juries. contrary to
the fourteenth amendment. We argued
that the prisoner had tight to have
his color represented In the selection OF
the jury, and that any law that dIscrim-
mated on account OF color abridged his
rights. The prosecution opposed this
upon the grounds that jury service was
q duty, not right.
I'VE contended thct the prisoner had
the right to nave fury selected fire.
spectlve of color and law that denied
this abridged his rights and was un-
constitutional.
1.-THE court oVerruled rIe. and we no.
ted two exceptions. We entered n de-
murrer and plea of not guilty; he was
convicted OF murder IN the first degree
aud we took tho cage 10 the supreme
court OF the state, assigning as error!
the. failure OF the court to order an eX.
animation before the county court ant
in overriding the petition filed for trans
fer to the United States circuit court.
THE case was In the supreme court
for year and a half when n new
trial was granted on III exception filed
to refusal to send the case to county
court for examination. Two years more
elapsed. When the case came again before
the circuit court, We renewed our mo-
ton for transfer to the United States
circuit court. were oyerruied, and a sec