Chicago Daily Tribune Newspaper, March 2, 1880, Page 5

theta asdf Bieyet ——————————————————— CRIMINAL NEWS, g Second Family of Benders Brought to Light in Indianapolis. prown, Who Was Recently Mure dered by Wade, Presumably 2 Wholesale Butcher; Assasinations Being Traced, It Is Thought, to His Hands. _ Five qhe Victims, in Every Instance, Put Out of the Way for Money. qo Buried in Mis Garden, and Another in the Woods Near By. gerrible Outrag) upon a German Girl py a Negro—Other Crimes, TIORRIBLE REVELATION, spretat Diapatch to The Chicago Tribunte JypIANAPOrIS, Ind., March 1.—A few days afer the arrest of Mes, Brown and her para nour, Wade, after the murder of John G. Brown, the former's husband, which oc- curred three weeks ago, the neighbors of the sletin began telling strange stories nnd set- ting alloat rumors of dark deeds that have Jong been stilled through fearof the Browns, Some of these reports coming to the enr of w reporter, he turned detective, and forthe past fen days has done Iittle else than trace ru mors to their souree, ‘The detalls of his work willappear in the Sgutlrcl to-morrow, and should a thorough oxamination of the prem- {ses corroborate jily statements his ef- forts Will havo been rewarded by tho dtscoy- eryof crimes as appalling and atrocious as ihose of tha notorions Bender family of Mis- sour For many years it was suspected that the homo of Brown was the headquarters of sband of desperadovs who mado plundering thelr principal occupation, ‘These suspicions: were verified a year ugo by the arrest and subsequent conviction of Brown and his wife, together with several accomplices; but NOL UNTIL THE MURDER OF BROWN dldthe people of that vicinity become aroused tothe fact thata Bender family had been ving in theirmldst, It is now remembered, however, that several persons have suddenly disappeared within the past five or six years, that in each instance they were known to have money, and that Brown was indebted to them cither fn the way of wages for labor or for money borrowed. One of these wasn man named Ilunter, «© German, who had formerly lived near Seymour, Ind, Ile was an industrious, frugal young man, aud had about $000 in bank. About five years ago he workel for Brown, but at the end of a year, finding him pour pay, Hunter determined to leave. Brown ace companied him to the city, ostensibly to pay him, after which he was never seen or heard ofagain, Brown toldseveral different stories of his whereabouts, and, no one taking any personal interest in the matter, it was never called to the attention of the officers. Lut it {snow recalled that after his disappearance Mrs, Brown's relatives, the Fletchers, had a disagreement with the Browns, and hinted that they could tell what had become of Hunter, ANOUT THAT TIMY, too, itis remembered, that Brown covered 1 portion of his garden with dirt to the depth ofelghtcen inches, seying that it needed to befilled, ‘The Fletchers frequently referred fo this fact in connection with Lfunter’s dis- appearance, ono of them remarking that sho could putastick within eighteen inches of hisbody, Ben Fletcher, a half-brothor of Mrs, Brown, says that unter’s Jewelry and pleture were seen in Brown’s house, and that soveral lotters were reeelved from his father asking as to his whereabouts, Shortly atter Lunter’s disappenrance an old man, whoso name is forgotten, began boarding with Brown. Ie came from the gold regions, and had about him in a belt $400 or $600 In gold. By some means Brown inanaged to borrow $50 of him, and, for the purpose of getting it back, the old man un- dertook to bourd tout, ‘This was the Inst seen ofhim. Soon after his disappearance, Brown again covered. his garden with fresh dirt, this time to the depth of two feet, giv- ing the samo reason as before,—nobody tak- Ing any interest in the old man, ‘Tho mat- ter was never looked Into, although it appears the Hletchers hinted pretty Dininly that they could tell, if disposed, what had become of him. ‘Te NEXT Viernt is supposed to bo a physteian, who was known to haye $700 or $800. Brown bor- Towed $200 or §400 of him, and, becoming alarmed that it wouldn't be returned, he made repented calls at Brown’s house, Very boon he suddenly disappeared. A man worklng for Brown at the time discovered In the edge of a neighboring woods what ap- Teared to, bo n new-made grave. Ho men- tioned the fact incidentally to Brown, and shortly after the place was covered with rails, Brown explatning that he had planted acorns there, and iho rally were to keep the hogs away. ‘This 1s now believed to be the grave. Of the unknown doctor. Afew months before Brown's conviction for robbery, fifteen months ago, Dr. Lav Ritter, an attorney of this elty, who resides in Irvington, found aman lylug by the road- slde In the vicinity of their house, with M4 SKULL CRUSHED fn, No was taken to the City Mospital In an Unconscious condition and died ina day or {wo afterwards, It was nover known who he hie butat tho time It was supposed he had b th robbed in the elty and taken out therg fo intslead the otticers; buf it the Jght of Fuceat revelations, itis belluved he was ono of Brown's victins, Several }eurs age the Browns took 2 boy to False, Hic refttsed'to participate in thelr dark Episactlons and about tha thine of Urown's tal for robbery: he tou disappeared. He profably knew too much, and went the way of Hunter and others. ow Jong the list of Yietlng ly cannot bo Wetsrnijned, but i evidenca fs _ carefully hored ft ‘comes more and more corroborative. In ng erntay ww number of arrests will be pute on the strength of what ts already es and itis likely the County Comnis- ara wit patharke irown's. prantiss 10 sly oxamined, that the whole Sruth of the matter may bé known, BENTEN OU'T OF 113 MONEY, Brectat Dispatch ta The Chicago Tribune, quaraverry, Ind, March 1.—On Jan, 30, sper Ulner, a German, from Chillicothe, ‘Oy Walted on the Muyor, and stated that fo then had enticed him from a Wabash raln at the statlon in this city, under the Dretonse that ho had to change cars for Now ork, and placed a revolver to his head and Felelved hi of $55, He made their nequaint- @co on the train, and was ublu to glyo a pretty Good description of them, It was Hed Afterward that two men anaworing a description had gotten on the weat- Lie id Wabash, train, and they were. ar- sted and brought to this city. ‘Thoy mae tho names of Davis and Wilbor, tho i aie clalining that he was engaged tn buy- = utter for the Washington Hotel, Chiva-. rand that ho was g stranger to Daviy, an Were cominitted, whon Davie udmitted ane Ulmer's money, but sald it was at onte, 7 i ie The day ‘Was get for trial, when the public in Ales of an attempt on the purt of outside be out fy spirit Ulmer away, so that there thems Abs B8s one to appear agalust Huby A o'clock in the morning Ubiet t arrested @. man giving the . name Slo elatiied to boa from Chicago (in the olllce of Trude lawyer HIS CHICAGO TRIBUNE: TUESDAY, MARCH 2, [880—TWELVE PAGES. 5 & Mitehetl, it 1 taken), OP TANT DRCISTONG, | ConrtorAppeatnot West Vira ror, ve James Mf. Davis. On veerifiewe| SS ELE TRIBUNE WEATHER-MAP is ae templing tp currg on Uhutretne presccnuing | LAPORTANT DECISIONS. | tie yiininthe™ ie wine way then brouene | Qralecinn of opinion frm ave United states TE SEBO ROVE ATE EE EAR. witness, ! Vault and Brewer were locked tponawrik of crros, the plalntlit tn Court for the Middle Distrlet of ‘Tene tty, nnd In tho afternoon were brought before | Jude Vinton ona writ of linheas corp and veleaverd; the City Marshal then arrest L them, wd the Mayor bound them over; they were again taken’ before dudge Vinton, ane released on habeas corpus, Ulmer stated (int they were to pay him $55—the amount he fost—{F he would get on the ears, anid he was with thei af the thine for that purpnse, Ulmer was then put under $300 bonds, whieh sum he furnished Ieagh, and left for New Yo he thne for the trial of Davis and Wilber was set for to-day, Ulmer cae n from New York during the nleht, but this jnorning was inysteriousty missing, Tt was learned that he had been seen erossing the river bridge ina hurey with another man. Sheri lor at oneo divined that Uhuer had again been spirited mwas and he sent telegrams nlonu the line of the Like Erle & Western’ Tad. Ulmer was. arrested nt Montmio} tho station west of here, and braught to uh ity again shortly after neon, Th conversation with Olleer Hanna, of Danvili Hy ‘Tin Trung representative was hisformed. that the prisaner, who Rave the nane of, Wilber, wasa resident of Chi. eign, aid was well known by the name of Donnolly. Donnotly married in| Dunville, where his wife naw ds. On Thesday Inst, (he ofllcer says, she mortgaged some brope erty she has ‘thers for $300, to raise funds to defond fim, The trialot Patrick 1. Davis began this affernoun before Judge Vinton. ‘The first Witness was the conduetor of the tran, who recognized Davis and Ulner as pasgeniers: on his trainon the morning of the robbery. Imer suys the men ‘who AVENE LOA, to et himawny had plenty of money, and, as they proposed to give him a good: sum, he thought he would take ft and come back, — THE ROMNOW MURDER. Speetat Dispatch to The Chicago Tribune, Sr. Pauu, Minn, March 1.—Oficer Keat- ing, of the Chicago pollee, came to Min- nesota some days ago fn search of “Nibsey ’* Payne, wanted for tho murder of a inun named Rohnow, In a grocery on ‘Thirty: ninth street, Chiengo, « year ago, It was sttpposed the man would be found tn the persun of a man sent to the Penituntlury at Stillwater, for burglary, a few months ago. ‘Vo-lay Officer Keatlag visited the Pen- Itentlary in company with aman named Hale bertichter, who had seen Vayne, with two companions, Rodney Brown and Paddy Con ners, playing pool on ‘Thirty-ninth street just before the. murder vf which thoy. are suspectell was cominitted, Payne was brought inte Halbertieh- ter's presenee along with another convict of nbout the snine hight, as Huibertichter had deserthed one of the Chiengo poulpliy ers, Halbertlehter btmedintely suecesstully identified Payne, who flushed up, and sali that the pollee must have given lfulbertlehter his (Payne's) deseriptton, ‘The contrary, however, 38 the faet, as ft was from Hnlbertichter’s description that the pollee suspected Payne. Mr. Keating came to St. Paul yesterday afternoon and stated that he had’ telegraphed for a requisition from the Governor of lsinols, in order that Payne might he taken back to (Chieago to — stand is trial for murder, The acensation against Jayne is furthor strengthened by a confes- sion he made toa companion who has since “squealed, so that there is every probablli- tyok hig condign punishment for his fearful crime, . INDICTED, Bpectat Dispatch to The Chtcago Tribune, Sprivorienn, W., March 1.—The United States Grand Jury was discharged to-day. It has been In session fifty-seven days, and re- turned ninety indictinents, the majority be- ing for violations of the Revenuo law, ete. Several Indictinents wero returned to-day. Among them was one against Henry Taylor, Captain of the steamer James Fisk, Jr., run- ning between Cairo and New Orleans, for o violation of the Clyil-Rights law. ‘The com- plant was made by Dr. McArthur and wlte, of St. Charles, Mo., who atlego that’ Taylor excluded them from tha enbin table on’ ac- count of color, _. MeArthur [s now in jail at St ouls, charged with rapa “by a young, woman whom he engaged to walt upon hls wife, Two in- dictmenta were returned against Samucl A. Murdock, of Havana, editor of the Maso County Denocrat,—one for presenting false aftidavits to ald the payment of a penslon clatm, and one for forginy afldavits to oh tain monsy.from the United States, Mur- dock is a Iuwyer,as wells a rabld Demo- cratic editor, “‘Myo Indictments were also returned against John Nagle, of Owaneco, Christian County. Je is charged with causing affidavits to be forzed for the pur pose ot obtaining money from the United States, and with procuring the making of fnsndulent ailldayits concerolug a pension elahin, IN WASHINGTON, ‘Wasmrxatoy, D. C., March 1.—Babe Bed- ford, Sandy. Pinn, and Edward Quecnan have been found guilty of murdering George DP, Hulls onthe evening of the %th of January ast, Friday night Inst Miss Teinse, residing on Capitol Sil, while on her way to chureh, was struck down and carried Into an open lot by a negro, who outraged and robbed her of her sachel and prayer-book, 1t was near- Jy two hours before she reached her home. Her throat was black with ‘choking, one car was nearly torn froin her head, and her body wis covered with brulses from cuffs and ieks she had reeelved, ‘Lhe young woman now Hes in’ n eritieal condition. ‘Thomas Smothers was arrested Susteniay and recog- nizedias her assailant. Atmidulght a crowd of about 100 men marched to the Seventh Ds- trict Station-Ifouse and demanded the pris oner, but he had been removed to wnother statlon, Whore he wis guarded during the night by the entire reserve polles force, MURDER TRIATA Speclat Dispatch to The Chicago Tribune, Broominatoy, UL, March 1.—At Sp.m. tho fury in the caso of the People vs. Edward Goodspeed, for the murder of Silas Stotz, at the McLean County Falr-Grounds in Sep- tember last, sent in word that thoy had agreed, They had rotired tothe jury-room atip.m. They wero brought into the crowded court and gave in the verdict of guilty, and fixing Goodspeed's punishinent at thirty-four yearsin tho State Prigon, ‘The verdict belng in some way Informal, Judge Reeves sent thom back te the jury-room to mitke the proper correction, Goods pued was in court, accompanied by friends, and heard the verdict with unmoved features and un- changing eyes, . Iu is aged about 25, and hia native atid Tif resident of Bloomington, AMNRESTED, Spretat Dispatch to The Chicago Tribune. Quanp Ravips, Mich, March 1,—Sheriit F,W. Peck, of this county, arrested one Ifrank Johnson, belleved to bo a bold and successftl burglar and sneak-thief, in Chicago yesterday, and browght him back hero to- night. Ho fg wantod for a burglary of 9 alwelling-house, which occurred here In tho mlddis of lust October, when over §100 worth of plunder was takon, and is suspected of compllelty in several of tho burglaries that occurred here about that time. Ie has been in hiding, travelling In the Southwest aud West, dodging the oilleers for some weoks, and the chase has been a stern one, as well us wn example of specially akilltul detective work on the Sherii?s park « DECAMPED, Speetat Dispatch to The Chicago Tribune, MILWAUKEE, Wis, March 1,—Georgo Fisher, of the firm of Fisher & Hebel, cos; tumers, has decamped with $200 and a large Pruninits yof stock belonging to the tira, He ig In Chicago, e CONFESSION OF JUDGMENT. Pryranune, March i—By a confession of judgment in the United States Clreult Court for $4,054,748.40, in favor of the Baltlmore & Ohlo Railroad Company, the Pittsburg & Connellsville Ratlroud Company Is virtually td 6 ettotare'e Oto Comonny wilt buy EN it. ‘The City of Bultinore held $2,000,000, Loyal and Bross " 4 Kidney-Wort Is loyal und true tonaturo's prin OTe Ta ee ot curing kldnoy and Nvor digonge or ucute rhoumatint Thesd dleorders como from yitlated blood and weuk organic moyoutont, ‘he medivine renews vitality, | It ts oxcellent for piles, For sly by all drugs gists, Jop-wate dorod harmloss and moro sor srohing wlul'op Ditters fu ouch draught, The ‘Same Being Announced by the United States Supreme Court. Southern Interpretations of the Constitution and Laws Overturned. The West Virginin Jury Law De- clared Unconstitutional. A Tennessee-State Rights Caso Among Thoso Passed Upon, And the Supromacy of the National Gov- ernmont Fully Sustained, Wasttnatos, D, C., March L—The United States Supreme Court convened to-day, after a recess of foiir weeks, and devoted the entire afternoon to the reading of opinions, The following decisions were rendered: Now 6, M. Gates et ab, platntiit in error, ys. James L. Goodlos, ext, etess fn error, to the Supreme Court of ‘Tennessee, ‘The question presented fn this ease is whether the lessees of certain real estate tn. the Clty of Memphis, which was selzed by: the Federal rogps upon thelr ocenpation of that city in 1802, wredtscharged from MHablllty to the lessors for tho non-porformance of the contract during the thie that such property was under control of the United States forees, ‘This Court holils that the lessees are, sotlseharged, tind recognizes the rife that the non-performance of the contract will be exensed where It Is oeeasluned by an act. done by pubile authority, The deeree of the lower court is therefore reversed, with costs, aud the enw nanded, with direc- tions to enter a decree In confurintty to this opinion, SUIT TO RECOVER. No. 110, ‘She Northwestern Unton Packet Company, plaintiff in_ error, vs. The Clty of St Lous. In error to the Cirentt Court of the United States for tha Eastern District af Missotri, “This was a sult to reeover pi; ments of wharfage made by plainiitf in error. to the city fi 1870, 1871, and 1872 for uhe pri flege of funding its steamboats at the fm- proved wharl of the elty during those years, t is muntained by” piatuti in error that muntelpal ordininees requiring such paynients ure in contlich with that provision of the Federal Constitution which forbhds States ta lay any Inposts or dittlesan imports or exports, or to ny. iny duty on ton- nage, ‘Ths Court holds that the ordinances in qttestlon, so far as they provide for wharf age fees not exceeding in amount what isa fale compensation for the Improved faellities provides by the city atits own cost, are not in conillet with the federal Constitution, In thus holding, the Court shnply adheres to its deeision in “Packet Company vs, Keokuk,” 05 U, S., 8%. The judgment of the lower cours Is aflirmed, with costs, MIGHTS OF FOREIGN CORPORATION 0, 325, Aimerican and Forefen Christian Unton, appellant, vs. Matilda Yount, et abs appeal from the Cireult Court of the' United Stites for the Southern Distylet of IMnols The question presented by" this ense ty whether pla{utift {n error, n corporation for- eign to the State of Hinols, can, under the Inws of said State, and in the Hght of the de- elsion of Hts highest courts, hold Iand there- in. ‘This Court: holds that plaintifl in error is entitled by the laws of New York to holt realestate for the purpose of Its business, aut Is not forbidsden by Hs charter to exer- elso its functions in another State. ‘he Court also holds that it is net for- bidden Hy legislation or by the publle policy of Ilinois to take title to the real es- tate in controversy In this action, "Tho decrea of the lower court is therefore dented, with costs, and the eatse remanded with directions to overrule the demurrer to the eross-bill and. exceptions to answer, and for further pro- ecedings In conformity to this opinion, KOND SUITS. No, 1007, Township of Emptre, plaintift in error, vs. Smedley Dartington, in error to the United States Clreult Court for the Southorn District of Ulinols. ‘This way a suit upon the coupons of certain bonds, issued by plnintiE in error to the Indlanapolis, Bluoni- REton & Western Railroad Company. ‘This Court holds that, as against bona fide holders of + bonds, the defense of the townshir is inndequate, and the towns ship must be held Hable. The judgment of the lower court is affirmed, with costs and Interest. ¢ No, 146, The Town of Roberts, plainttit in error, Mitthow and M.S. Bolles: in error to the Clreult Court of the United States for the Northern District of Minois, This, also, ig a suit Huon anitnicipal bonds, viz. upon honds fssuee by platntit In error to the Tlam- ton, Lacon & iastern Railrond Company, ‘This Court holds, 03 In the preceding ea: that the municipality Is Hable for the pay- ment of Its obligations, The judgment ot the lower court is allirmed, with ‘costs nnd iuter- e COOK COUNTY NATIONAL. No. 870, The Central Trust Company, Now York, Receiver, ete, appellant, vs. Tho First National Bank of Wyandotte. Appeal, from tho Clrenit Court of the United States for the Northora District of Uinis, ‘This was a sult brought by the Wyandotte Bank to ree cover possession of a vertain note for 85,000, with collaterals, piven by it to the Cook County National Bank, of Chicago, and by the latter transferred tn violation of anngrec- ment with the Wyandotte Bank to the Naw York State Loan and ‘Trust Company, of which plaintif in error is Recelyer, “Chis ‘ourt holds, first, that as between compluin- antand the Cook County Bank there is a perfect defense nealust the note to the extent of S485, which amount stood to the eredit of the Wyandotte Bank on the books of the Coole County Bank at the thno of tho latter’s fullure, Second, that plalndiff in error canclatui no mareaor greater neht than the Cook County Bank hid, and that complainants are therefore entitled to the returnof the note and collaterals on tho payment of the sum of SUR, ‘The deerce of ne dose Court is therefore aflirmed with costs, DANA'S CLAIM. No. 1,059, O, M. Hateh and John Wiliams, appellants, vs, Charles A. Dana. Appeal from the United States Clreult Court for the Southern District of Ulinols, ‘This was a sult to compel two of the stockholders of the lusolyent Hepublican Company to pay so much of the balonce found unpald on thelr respective subscriptions to the stuck of that corporation as shall) bo sumlleient to pay a judgment of $6,410 und costs obtained © by Dang, in the United States Cireult Court for the Northern Dis teleé of UUnols, ‘The tain patnt of the de- fense was that two of the stockholders could. not be singled out and sued separately, but that all the stockholders should be made pare tes, “MHils Court holds, however, that the ability of the subscriber to the capital stock of the Company fs several and not Juint aml that while the. presence, of all tha alock+ holders might: beconventent, tt Is not neces: sary, ‘Tho decree of the lower Court ts thore- foro aftirmed, with costs and Interest, COTTON CASI, No, 18%, Hugh Shaw, et al, plaints tn error, v8. Tho Merchants’ Navona Bunk of St, Louls. In error to the Cireult Court of the United Stutes for the Eastern District of Pennsylvania, ‘Che controversy In this ense relates to the ownurship of 143 bales of cot- ton, of which defendayt Iu error clabns to bo the owner, but of whieh plaintilfs tn error enne into possession by means of a bill of lading, which, it Is-alleged, was stolen hy parties whe, transferred it to the platutiifs in error, ‘This Court holds that the purehaser of tho stolen Dill of lading whe purchases with reason to belfeve that his vendor was not tho owner of the bill, or that {t was held to secure payment of an outstand- Ing clraft, fa not w bona fide purchaser, and ho Is not onlided to hold the merchandise cov. ered by the bill against its true owner. ‘Tho Judgment of the lower Court ts aftirined with costs and Interest. THY WEST VIRGINIA JURY LAW. No. 753. Taylor Strander ys, ‘The State of West Virginia. In error_ta the Stuipreme Court of Dpeals of West Virginta, Stranid- er, the plain 1 in error (a negro), was ine Meta fa Cireult Court of Ohlo County, Wost Yirginla, in Ovtober, 1374, for murder, When his cago came up ‘for trial he filed @ pedton for tts remoyal tu tho United States ircujt Court on the ground that the exchi- sion | of from | juries of Marek iis, Weg“ Sieuaatly wag Virtua 4 dental of his right 0 the equal raleation kao wont to tral ad he War {uaa guts i os found gui and seutenced. Upon appeal fis upreni colored ‘citizens act of the State talntunbig thatthe act of the State re whieh exeludes eofared men on is tu violation of | the Fourtecnth Amendment to the Constitution, and that he wag entived fa have his ease removed to the United States Chreult Court. ‘Phis Court, after fully gonsidering the Fourteenth Amendment, its nature, intention, and scope, hole First—That the gtatinte of West Virginia whieh, In effect, sinales out and denies to cotured etizensy the tight and privilege of petledeat ing in the administration of the AW ny jurors, beenuse of thelr edlor, Chottch qualitied tn all other respects, Is practically a. Drand upon them, affixed by the Jaw, and ty a dlserfulnation against that ree forbidden hy the tmendment. Jt fs a denial of equal protection by the Inws of the race this ex. since the constitution of Jurtes i4 iw sential part o€ the protection which tral by jury fs futended to. se- The very iden of a jury is a miposed of peers or equats of rlichts it is select ar stine mine,—that is, of persons hav al status in suelety as that Hehe holda, Secrond—That where, as here, the State statute tres to every white man the right of trial hy a jury selected from, and without diserinnuation against, his race, and at the sane time peruits or requires such diserim- ination against the colored man beeatse of his race, the latter Is not equally protected by law with the former, Thind—That See. HHL Revised Statutes, whieh provides for the removal of-a ease from State to Federal Courts, when defend: fut, fort aaon is denied tn the State Court any right secured to til by any daw providiny the equal rislite of eltizens of the United Stites, 13 not In confllet with the tera Constitution, ‘The Judgment of the r Court Is reversed with costs, and the ease remanded with bist ons to reverse the Judgment of the Cirenit, Court of Ohlo County, Justles Strong, delivered the ophie jon, Judges Clifford and Field dissenting. A VIRGINIA CASE. NO. 8 original, ex parte, Commonwealth of Virginia, ‘pottiioner. This was a peti- tion for on writ of mandamus to come pel bude Rives, of the United States YUstrlet Court for the Western District of irginia, to restore to the State authorities fored prisoners nuned Reynolds, Jue adn the State Courts for murder, and tak y Jute Rives out of possession of the State affichts and hetd for trial in the Federal Court, on the ground that they (the prisoners) lind been dented In the State tribunal such a trial by competent jurors without distinction ot tace or color ns the laws of the State Ryaran we to them. The actlon of Judge Rives in removing the case. of prisoners to Federal Court, was based on See, G1L Ree vised Statutes. ‘This Court, in along and earefal! i ared opinion by Justice Strong, vt that section in connection with v7 and 1,978, nid bokls: ‘That the object of those statutes, as. af the Constitution which suthorizes then, wis to place the colored rave, in respect o eivil rights, Spon atovel with the whites. They made the rights and responsibilities, weil and eritninal, of the two races exactly Ne sane. Sccond--That the prohibitions of the Four- teenth: Amendment have reference to Stato action exelusively, and not to any action of inn ite individuals. See. No. 41 was also nded for the protection of the colored : against. State action, and against that aion¢ Third—A State may act through different agencies, elther by it legislative, its exeeu- -tive, or its Judicial authorities, and probibl- tions of the amendment extend to ali actions of te State denying equal pratection of its laws, whether it be nection by one of the agencies or by another. Congress, by virtue of the fifth section o£ the Fourteenth Amend- ment, may enforces prohibitions, whenever they are dlsregarded, by efter tho ‘Legtslutive, tho Executive, or dudieft! Department of the State. ‘The mode of enforcement Is left to its discretion. It may secure the rlght—that. is, enforce its recoguition—by removing the Ju a ens from the State Court,in whieh It Is dee wed, inton Federal Court, where it will be acknowledged, Fuurth—But the Fourteenth Amendment is bronder than the statute whieh authorizes: the removal, See. O41 does not apply to all enses in whieh equal protection of the Inws may he denied ton defendant. ‘Iho removal authorized by the stutute is u removal heforo trial, or oa final hearing. To the judieal fufractions of — the constitutiontt amendments made — after trial has commenced, See. 64 has no ap- pileabliity, It was not intened to reach such cases. ‘They wero left to the revisory power of this Court, Ltfth—Thorefore, the dental of inability to enforce in the Judlelal tribunals of a State rights secured to defendant by any law providing for equal eivil rights of all per- sons citizens of tho United States, of which See. G11 spenks, is primarily, If not exelu- sively, a denial of such rights or an inability to enforce them, resulting fromthe Constl tutlon or laws of the State rather than ade- nial made manifest at the trial of the ense. in other words, tha stututs has reference fo aderalallye denial oran inability resulting rou it. Stett—Tho Constitution and laws of Vir- ainian do not exclude colored eltizens from service on juries, ‘The petition for removal, therefore, did not present a case for removal uniler Sec. 641, Seventh—Tho defendant in this case moved in the State Court that the venire be sv mod fied that one-third or some portion of tho jury should bo composed of hig own race. “The deniat of (iat inotion was not the denial of the right seeured to htm by, any law proyid- ing for equal clvil rights of citizens of the United States, or by any statute, or by the Fourteenth Amendment. Aintxed jury ‘in n particular case Is notessential to equal pro- tection of the Inws, It Is a right to which any colored man is entitled that tna selection of jurors to pass upon his life, Iberly, or property there shull bo noexeluston, of his race, and no diserlinination against im beeause of his color, but that is a differs ent thing from that which was claimed as of right and denied Inthe State Court—viz.2 0, rightto have the jury composed in part of colored men, From those prinelples_ it fol- lows that the Federut Court has no rightful Jurisdiction of the case, and that the writ of Inandamus for the restoration of prisoners to the State nuthorities must bo granted, and the Court so orders, ANOTHER, No. 4. Originatex parte, Commonwealth of Virginia and J, D, Coles, petitioners, ‘This is a petition for writs of habexs corpus and certiorarl to bring before this Court the casa of Judge Coles, indicted In the Federal Court for the Western District of Virginia upon a charge oxeluding all colored citizens from juries on accountof thelr race, eolor, an previous condition of servitude, and in ylola- on of the net of March 4, 1875, ‘The petition er alleges dint his arrest and huprison- ment upon this fndletment were un- Warranted by the Constitution of the United States, and In violation of | his rights and the rehts of Virginia, whose ndielal ufllcer he ta, and that the inferior Jourt had ne Jurlsdletion to proceed against hha. ‘This Court, after a careful examina- tlon of the nct of Maren 4, 1875, which pro- vides for tho trint and punishment of officers who excluded cltiztng from the juryelist. on. account of raco or color, holds that that act {s authorized by the ‘Thirteenth and Four- teenth Amendments to the Constitution, for the enforcement of which Congress 1s given nower to puss appropriate legistation. ‘Tho Jourt nlso holds that the inhibition contained inthe Fourteenth Amendment means that no agency of Btate nor of aficers or agents by whom its powers are exerted shall deny to any person within its turisdiction the qual pratection of the laws, Vhoover, by virtie of pubiic position under a Btate Government, Heprlves another of property, life, or Hberty without due process: of jaw, or denies ar takes away the equal Protectan of the Inws, violates the constitu: tonal iihibition, as he acts inthe name and for the State, Otherwise the constitutional Inhibition has no meaning, wand the State his clothed ane of its agents with power to amend or evade ft, Che constitution- al amendment wns ordained to secure .cqual rights to all persons, and, to Insure to. all persons the enjoynient of such rights, power was given to Congress to enforce its provisions by approprinte legtsintion. Such egislution must uct upon persons,—not upon tn abstract thing denominated a State, but upon the persons who ire Rienls of tha State In the denfal of rights which were Intended to bo secured, Such is the act of Mareh 4, 1875, and it ts fully, authorized by the Constitution, The act of defendant in'selocting jurors was a ministerial, not a judicial, act, and belug . charged with the performance of that duty, although he derived his authority from the State, the defendant was bound In the dis- charge of hia dutles to obey the Federal Constitution und tho laws passed in pursu- ance thereof. ‘Tho petifien for a writ of habeas corpus fs therefore denied, Justlee Strong delivered the opinion, Justlees Clit ford ant Held dlasentlug. A MOONSHINE CASE, No. 7%, Stato of Teunessco, platuti® in ‘This ease arises out of an indictment i Tennessee State Court of the present. defendant In error, James M. Davis, a Deputy Collector of Internal Revente, for the murder of dames 1, Haynes, 0 citizen of ‘Tennessee, on the 2th of August, 1878. Davia fled a petition for the removal of his case from the te to the Federal Court, under Sec. 643, Statutes, on the ground that killug owas) done in selfxte- fense, and while he owas engaged In the discharge of his duties under author. ity of the Internal Reventie lawsof the United States, ‘The Judges in the Court below cer- tity a division of ophiion on threa questions, viet de $ First—Is an indictmentof a revenue officer found tna State Court for murder under elr- cumstances alleged In this case removable to this Court under See. G45, Iovised Statutes ? Sceond-—1f go, 4 any neds of procedure Prgveribetl by Congress? And Third—{f not, can 9 trial of tho gn! innocence of the prisoner be had b Court holds that the petition for re in conformity with the statute, sud, upon helng filed, the proseention was removed to the United States Cireult Court for that dls- trie, The United States, the Court holds, is at Government with authority extending over the whole, territory of the Union, vetlng upon the States and people of the States, While {t is Mimited In a number of its [eyers: so fur a3 Its sovereignty extends ft is supreme, No State van exclude it from exercising any authority conferred upon it by the Constitution, “obstruct jts authorized officers against its will, or with: hotd trom ft for a moment the comnizanee of any subject whieh that iistrament lias com- jaltted to It. ‘Phe General Government must verse to exist whenever IL loses the power of yrotcatini itself In the exerelse of its cane stilutlonal powers, [teat act only through its officers and agents, and they” must net within the States. It when,thus acting and within aenpe of their anthority, = the those officers ean be arrested and brought to on -trink ins a State Court on in allezed offense against the Inw of the State, yet warranted by the Federal authority: they possess, and If the General Government is powerless to hiterfere at once for thelr protection, If thelr protection must be left to the action of the State Court, the operations of the General Government may at any ti be arrested at the witlof one of its mem No such clement of weakness fs fo be fount in the Constitution. If a ease, whether civil or criminal, be one te which the judlehd power of the United States extends, ts removal to the Federal Court is no fnvynsion of the State domuln; on the contrary, a dental of the right of the General Government to remove them, to take charge of and try nny case arising un- der the Constitution and laws of the United States, is 1 dental of the concedud soverelen- ty of that Governinent dyer a subject ex. pressly committed tolt. It is a dental of a doctrine necessary for the preservation of acknowledged powers of the Government, ‘The power to remove fs. as ainple in eriminal as in civil enses, This Court, therefore, hoida, in answer to the certified ‘utes at the Court below, that the ense fs properly re- movable to the Federat Court, and that a trial of the guilt or Innovence of the prisoner may there he had, dustlee Stroug deilyered the opluton, Justices Clifford and Field dissenting, aUSTICE FIELD dissents from the oplujon of the Court in the case of Strauder, and in that of Coles, peti- tloner. ‘In the latter case he maintains: Firat—Thiat, assuming the validity and eon- stitutionality of the act af March, 1474, the Indietment deserfbes no offense under it, but is vold on Its face; and Second—That the act, so far as it relates to Jurors in State Courts, Is unconstitutional and yold. He holds that nothing can be found in the Constitution from Its apening to its closing line, nor in any of the amentl- ments in force before the close of the Civil War, nor In those subseguently adopted, whieh authorizes any interference by Con: reas with the States In the administration of thelr Government and the enforcement of their Jaws with respect to any matter over which Surisdiction was not surrendered to the United States. Nothing In bis judgment could have a greater ten- dency to destroy the independence and autonomy of the States, reduce them to a ltuniiiating and degrading dependence upon the Central Governinent, engender constant irritation, and destroy that domestic tran- quillity which it was one of the objects of the Constitution to Snsure, than the doctrine as- serted in this case (that of Coles, petitioner) ; that Congress can exercise no coercive an- thority over fudicial oflicers of a State in the discharge of thelr duties under the State laws. It will be only another step in the same direction toward consolidation when {tt assumes to exereise no similar cocretve aus thority over the Governors and legislators of the States, after giving a history of tho ‘Thirteenth and Fourteenth Amendments, Justice Field majntaing that, according to lis understand- ing of their purport and meaning, there is no warrant. for tha net of Congress under whieh the indictment of Coles was found. ‘The arrest of the petitioner was uniawful, and his release should be ordered, ‘Those who regard the Independence of the States in’ all their reserved powers——wnd this inehides tho Independence of their Leg- slutive, — Judit and Executhye de partments—as rntiaf to tha suecessful Maintenanes of our form of government ennnot fall to view with tho gravest appre- henslon for the future tho tndletment Ina court of the United States of a {idlelal of- ficer of a State for the manner fn whieh he has discharged his duties under ler Inws, and of whieh she makes no complaint. ‘The pregeeding is a gross offense to the State, t is an attack upon her sovereignty: in matters over which she has never surrendered her jurisdiction. The = doc- tring which sustnins it carried to fis Togleal results would degrady and stuk her to the level of a mere local municipal corpor: ation; for if Congress can punish anoticer ofa State for the manner in which he dis- charges lis duties under her Inws, lt can tix the nature and extent of the punishment. It may tmprigon for fe or pitnish by his re- moval fron ofice, and If St can make the ex- clusion of persons from Jury service on ace count of race or color a orlininal offense, It can mako_ thelr exclusion from ofice on {int account also criminal; and, adopting the doc- tring of the District Judge n this case, the ftullure to appoint thom to ofllee wilt be presumptive evidence of thelr exclusion on that ground. ‘To ‘such a result he thinks: the doctring logleally leads, ‘I'he tegistatta of Congress was founded and is sanctioned by this Court, in his opinion, upon fn theory ag to what coustitutes the equal protection of the laws, which ts purely speculative, not warranted by any experlence of the cauntry, aud not In accord with the understanding ob the people ns to tho meaning of these ternis since the orennization of the Government, dustes Clifford concurs in the opiuion of Justices Field, and read a long dissenting opinion of his own in the case of Tennessee vs, Davis, Adjourned, ——— DEADLY SELTZER-WATER, Speclat Dupatch to The Chicago Tribune, Vincennes, Ind., March 1,—Francls Mur- phy, a prominent suloonkeoper of this city, was disvoyered at-an carly hour yesterday inorning lylng on the flour of his saloon in au apparently dying candition, Le was totally unconselous, and. writhing terribly, Dr. Beard was summoned, who pronounced Ita ease of polsoning. Murphy was not expect- ed to live through the night, but is enough better to-day to talk, He says he was up very lute Saturday night, and when about to retire, at sn. early hour Sunday morning, he prepared a glass of seltzer, Customers came in, bowever, be fore he drank it, and he walud upon them, When they had gone out hodrank hisselizer, and probably fell uneonsefous soon atter, 1b is very evident that some one drepped arsenic. In his glass while fe was busy at the bar, Heo has strong suspicions of the guilty party nnd requests (he suppression af named unl { the mutter Is investigated. Jt was a very close call, ————->—__ HIS LIFE IN DANGER. Special Dispatch tu The Chicago Tribune, Louisyinne, Sfureh 1.—Tho life of Dr. E D, Standiford, Presidunt of the Loulsyiile & Nashvillo Railroad, 3 sald to be in grent danger. Dr, Standiford hug been confined to his home for several weeks with a slizht alekness, which has now developed Inte a dungerots disease which may result fatally atany moment. Dr, has buen mn usefir citizen, whose loss Would be keenly felt by Loulsville us'well ns the entire South, ——— a WANTS A RECEIVER. Apany, N, ¥., March 1,—Papers and afi- daylt# signed by Charles E. Smith, editor of the Albany Kventny Journal, will be pre- vented to Justica Westbrookein the Supreme Court to-morrow, asking for the appointment of aecelver for the Journal Company, From Obsorvationg Made by tho Signal-Service, U. 8. A. at 11 P. ‘Washington Mean Time, March i, 1880. ‘ Langiiate Wert 22 trom Grernwich [98° sOarryl Winnipeg) 44) BiNy i TG 4 Bembina 1 hur 2 Ou a) STATE, OF WRATHER, Fair, Cioudy, Rain, Snow, | Calm, Light, #reeh. a eater orn XPLANATION, . CHARACTER OF Wh¥D-FO1 76} Patent apyind forks Gaie, A Baintall peat 8 hours. | ‘Bar, Barom Bar 30, p Te it ‘ Nar 30, \Preovenryte Gite? Escannta, Mar 3.16, T10 Tio Logunsport © Peoria = ar att a/Springfetd Ta? Deentur oy a a TH Bar wets Taz pNnashvite 2 687%, % Gyllar toe ps Oris ty ater. Aone zRfonmend, S fe ‘) Bi od i Atlante ° ae ‘A % @ % KSvonart /* Vicksburg UANDMONALEY & co pear fa aux OF Udservations takon at the samo moment of timo at all stations, LOCAL OBSERVATIONS, Time. Huy] Wind) Ve ea. Bai Fel Ther, Wrataer. (isa, na Maximum, @; mluimum, 2. Time, | tar.) Pheri 2p.m, ohm “ RUBE Ti Mes Me Ud INDICATIONS. Orrice op Tir. Cirer BraNAL Orricen, Wasitxatox, D. C.. March 2—1 a. m.—For Tonnessea and the UOblo Valley, stationary, followed by falling barometer, bigher temperature, southwest to southeast winds, clear or fair weather. fur the Lower Lako region, clear or fair weather, lower baromoter, winds shifting to warmor southerty. For the Upper Lake region, falling barometer, warmer southerly winds, clear weather, fol- lowed by Increasing cloudiness For the Upper Misalseippi went dd Lower Miseot ie nt act allege, falling barometer, warmer southerly ested ‘The aMidavit reel Smith purchased one-elhth interest fi the Jaurnel in 1870 for $15,300 on represents 8 that the Coni- pany Was worth $125,000, Since purchasing he Tenrns the Company owes large sums of money, aud: petitioner prays for a Receiver and accounting. ed OBITUARY. Boston, Mass,, March 1,—dJoseph Nicker- son, Director of tho Atchison & Santa Fé Rallroad, and President of the Pueblo & Ar- kansas Valley Road, died of apoplexy at Brewster, Mass., Saturday nicht. a MEADVILLE, Pa. March 1—David Pear- son, aged 104 years, died suddenly here on Friday, it Is supposed from old age. He had resided in Mead ‘Township for forty years, fut was the oldest man in this part of the ate. —=<—<——_—$ "BUSINESS NOTICES, William 'T. 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