The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-17
EiS'llRI'EiRi CASE ! ; |
safE
,,,.t Attorney General Sim
!. 4, Supreme Court.

i he Supreme tou'@
" 10 NEGROES ON THE 'Vf'
~. claims that He was
en-, nsrr,ved Of HIS Right.
p 3 ne Master ~
necember l5.--The BRIEF
' .,,oruey General Simmons
81 c a murder case has been
\. supreme court Of the u mn,ea
Y. p principal point .., upon " wh, ths
I'D, claims a reversal . Q. ~
w 4. ,ower court is important
), heretofore been adjudi-
~ No sIsber courts, the case IL
he n,sn ,,s,al interest. Follow
sates brief: :, .,a limited
: NV, Term, 1s99--seth Car,
ot,sOs sn Error. VS.. the State OF
i r1saisn a in Error-Brie sn ior
pei = Error, the State Of Texas.
!, ,,, y General, T. S. Smith.
l a',r OF THE CASE;
IN IN error, Seth Carter, brings
n y the supreme court OF TIN the
~ = by means of a writ o, error
s is, 1898, out of the cir
,ha United States for the
y ~ Texas, directed to the
d a.s.ainal appeals of the State OF
si,S ssid court is the court o.
nNu he state of Texas for all
..n.ss As there is no brief on
4. RATED states supreme court on
s,ss plaintiff in error, the state OF
y ~ Asr attorney general. L. 5:
" IN his brief for the State OF
'i.'s,s Ian, in error, and relies for
!. me case and for the assign
Z y s,ror upon which a reversal of
!, sourht, upon the printed
N Of record filed herein on the
Il January, 1899.
Ana originated in the county OF
nd state of Texas. On the 26th
v,yember, 1897, the grand jury in
c,lyeston county presented to and
!. n filed in the criminal district
y galveston county an Indictment
ri,Intiff in error, charging him
y murder of Bertha Brantley, on
M a. 1897 ctr, p. 81
hrhi, 1898, the court entered an.
N Me- clerk Of the court to issue a
sum,uding the sheriff of Galveston
d summon $50 persons. whose
,no.ar on the list TO be attached
rrit, to be and appear before the
Il district court of Galveston coun-
ID o'clock a, m, March II, 1898, the
krthe trial Of plaintiff in error,
\ as Jurors in the trial thereof.
}. sand 81 Upon the day set for
4 81 the cause the plaintiff in err
lie following motion to quash the
psrt
In o. Texas, Galveston County
81 Texas VS.. Seth Carter.-No.
hin the Criminal District Court,
b Term, 1898.
nv comes the said defendant, 10
b proper person, and moves the
ut aside and quash the indictment
tslinst him, because the jury COM
r appointed to select the grand
fAlih found and presented said in
htMlected no person or persons OF
eh African descent, known as ne
y serve on said grand jury, but,
tliraly, did exclude from the. list
TO serve as such jurors all coli
Enrs or persons of African descent,
Pn'negroes, because of their race
at' and that said grand jury wac
~ exclusively OF persons of the
nee, while all persons of the col
me- or persons of African descent
: y negroes, although consisting OF
mntltuting one-fourth of the popu
I'd Of the registered voters in said
% county Of Galveston, and, al
otherwise qualified to serve as
riid Jurors, were excluded there
q the ground Of their race and
nd have been SO excluded from
o. any Jury in said criminal dis
guy ior a great many years, which
summation against the defendant
VISA person of color and of Afri-
sent, known as a negro, and thai
fflmination is a denial to him
aual protection of the laws and
a'l rights guaranteed by the con-
tld laws OF the United States: all
~ lne defendant Is ready to verify,
Seth Carter.
10 and subscribed before me this
" o. january, 1898.
Florence r. Atkins.
y Public, Galveston County, Texas
March II, 1898.
c. j. Allen.
Ne Criminal District Court, Gal
County, Texas.
l'alil oyerruled the motion. TO which
Y Plaintiff in error reserved his
EXCEPTIONS. (Tr., p. A.
l@malion Of the record fails tc
w iact, IL such were the fact
y s'lness or witnesses were intro
! ,eslity upon the allegations al
u the motion TO quash the in
tlAs court.
aesplions No. /. Filed March
Texas vs.. Seth carter-No
IN the Criminal District Court
/ IN, W, county, Texas. March term
y, r,s,susmbsred that on the 18th da,
y y ~, the above entitled AM
uase was called for trial, an
lnI.s a IN open court, beforA- b;
v, s4so and before pleading to tn
presented and read to th'
Ia .oliowipg motion to quash tn
Mtnt towit.
\, allaws copy of motion to quasi
I above herein
'eaQlng the ,a;l .. ~, :, .