Evening journal., 1914-11-18
Mr.. COOPER'S paper
ON THE neal Case
CorrectS Some Statements in
Publication on Life of
Hon. Anthony Higgins
TELLS OF APPEALS TO
THE SUPREME COURT

Much interest has been aroused
among members of the Historical So
ciety of Delaware and among mem
bers of the Bar over a paper read in
September by Alexander b. Cooper
before the Historical Society and just
issued in pamphlet form. His paper
is entitled "A Correction of Certain
Statements in the Society's Publica-
ton entitled The Life and Public
Services of Hon. Anthony Higgins
Mr. Cooper discusses some phases
of the Meal Case" in 1880 and 1881,
growing out OF the trial. conviction.
appeal and subsequent acquittal of
William Neal. colored, on a charge
of felonious assault. Mr.. Cooper
was deputy attorney general at the
time. His paper is as follows:
Before reading this paper, de-
sire to briefly say, that it has been
written, solely, for the purpose of
preserving the truth of history, the
accuracy of the Society's publica-
tions and to vindicate the administra-
tiOn Of justice in this State
THE Neal Case, to which il re-
lates. was one of the most important
criminal cases il not the most inn
portant, in many Of its features,-
ever tried in the courts of Delaware; /;
and as such. is a natural part of the
/ States juridical history.
Therefore its leading facts and
the circumstances surrounding them
| should be recorded and preserved
with accuracy
81 was the Deputy Attorney Cen
{ eral of the State, at the time, and
took an active part in it's prepara-
/ tion for trial and in the two trials
that followed.
Being thus familiar with all of
the details of its history. from the
beginning to the end. / feel 1t to be
my duty, as a member of this So
ciety. to make the corrections stated
in the paper. which | shall now read
I'm the pamphlet published by the
Society, entitled The Life and Pub
lie Services of Hon. Anthony Hig-
gins. of Delaware, by Hon. John c
Higgins, and General James H. Will
son. there are several errors in the
statement of historical facts, which
are Of sufficient Importance to de-
mand correction.
"As the pamphlet was published
by the Society. I have chosen to ad-
dress it directly. in pointing out the
errors referred to. The public Just
ly relies upon the accuracy Of his
torical statements in such publica
tions.
I'm the part Of the pamphlet writ
ten by Mr.. John G. Higgins (pagel
15-16) where he refers to the cas-
of William Neal, the negro who wa
twice tried for rape upon a whit
woman.-frst at New Castle. in May
1880, and next at Wilmington, in De
cember, 1881, it is stated that Hig
gins (meaning the subject of thu
sketch undertook the defense upoI
the request of Chief Justice Comegys
''Mr. Higgins was appointed by thu
Court in the usual way to defend th'
negro. He was not in court, nor il
fact in the State, at the time. Wher
the case was called, the Attorney
General, George Gray, urged its i'm
mediate trial, and in view of Mr.. Hig
gins absence and the fact that n,
had not yet accepted the appoint
ment, the court was about to nam'
some one else in his place. PENDING
: the discussion as to who should b'
appointed, the court received a tele
gram from Mr.. Higgins stating tina
he desired to accept the appoint
ment. Upon this expressed intima
ton of Mr.. Higgins desire. his ap
pointment was renewed, and the in
tention of the court to appoint an
other in his place abandoned. There
! upon the case was postponed unit
his return to .hs State.
"The pamphlet further states-l
political campaign was then on ant
anti-negro prejudice was on one sid
its strongest weapon. Probably n
man on that jury dared TO give othe
than verdict of guilty. There wa
nothing fair in a trial held unde
these circumstances; ami Mr.. Hig
gins, appealing to the United State
Supreme Court, procured new trial