WEST VIRGINIA. 



WHITTINGHAM, WILLIAM B. 847 



imilar to that which the Red Men subsequent- 

 ly became. The lynchers who shot Jennings 

 had stained their faces with red earth ; hence 

 the name. The prisoners were arrested on the 

 charges of riot and house-breaking. Threats 

 were uttered against any justice of the peace 

 who would issue warrants for the arrest of the 

 Red Men. About fifty of the band were still 

 at largo. They were all of the class of farmers 

 and fairly educated. The organization extend- 

 ed into Marion County. A similar company 

 of conspirators had formed also in Monongalia. 

 The ringleaders of this gang were also arrested 

 and brought to trial on the charge of conspir- 

 ing against the liberty, property, and lives of 

 citizens. The acts of these lawless bands were 

 all prompted by some motive of supposed jus- 

 tice ; thus they had lynched several persons on 

 an accusation of adultery, and had driven two 

 men off a farm on account of an alleged faulty 

 title ; they had also frightened a justice of the 

 peace, one of whose decisions displeased them, 

 out of the State. 



An interesting decision was rendered by the 

 Court of Appeals on the construction of the 

 statutes relating to the separate estate of mar- 

 ried women. The case was William Radford 

 and Henry Light, appellants, against Martha 

 A. and James Carwile, appellees. The appel- 

 lant Radford had purchased of one Johnson a 

 piece of land and sold it to the appellees, the 

 deed being made out directly to Martha A. 

 Carwile by Johnson to save the expense of a 

 double transfer, and the appellees executing 

 their joint and several bond to Radford for an 

 unpaid balance. The lower Court held that 

 the bond was no charge upon the separate es- 

 tate, created by the deed, of the appellee Mar- 

 tha. The Court of Appeals sustained the de- 

 cision, ruling that the separate personal estate 

 of a married woman, including rents and prod- 

 uce of real estate, is liable for debts incurred 

 during coverture, but that the common-law 

 doctrine regarding the realty of married wo- 

 men, which exempts it from all liabilities in- 

 curred by debts or contracts made during cov- 

 erture, is still in force. 



The case of the United States against James 

 M. Mason, in chancery, involving the privilege 

 of operating a ferry across the Shenandoah at 

 Harper's Ferry, was decided by Judge J. J. 

 Jackson of the United States District Court. 

 The defendant claimed that the United States 

 could not acquire a ferry because that species 

 of property was not conducive to any of the 

 objects for which the General Government was 

 created. The Court ruled on this point as fol- 

 lows: 



This proposition, if sound, virtually denies to the 

 United States the power to furnish itself with means 

 of transportation of any character whatever. They 

 could not purchase ana hold steamboats, railroads, 

 wagons, or any other means of transportation. ... It 

 is a right incident to and inherent in all governmenta 

 to purchase and hold what property they think is 

 necessary for the due exercise of all powers belonging 

 to them. No restriction is imposed upon the Govern- 



ment of the United States by the Constitution as to 

 tliu character or kind of property it may purchaw and 

 hold. 



The decision of the Court was delivered in 

 the following terms : 



The right of the United States in the ferry franchise 

 purchased from Fairfax became forfeited by operation 

 of law, and therefore she had no such right that she 

 could sell or transfer ; it also appears that the State 

 had no power to establish a ferry for the defendant 

 across the river Shenandoah, to and from the lands of 

 the United States, and therefore, so far as the defen- 

 dant Mason or his agents, or those claiming under him, 

 attempt to operate a ferry from the 084 -acre tract of 

 land on the east side of said river, purchased by the 

 United States from Fairfax, to the lands of the United 

 States on the west side of said river, at Harper's Ferry, 

 and to which the vendee of Neer & Co. hold an equita- 

 ble title by purchase from the United States, the said 

 Mason, his agents, or those claiming under him, are 

 perpetually etyoined and inhibited from HO doing un- 

 til the assent of the United States is first obtained. 

 But the defendant Mason is not inhibited or re- 

 strained from operating a ferry over the Shenandoah 

 Eiver, to and from any lands he may own, which 

 ferry right he claims title to under the laws of this 

 State. 



In the case of Thomas Strander, plaintiff in 

 error, against the State, the plaintiff, who had 

 been convicted of murder in the Ohio County 

 Circuit Court in 1874, and whose conviction 

 had been confirmed by the Court of Appeals, 

 was brought before the United States Circuit 

 Court. The plaintiff appealed the case to the 

 United States Court on the ground of the un- 

 constitutionality of the jury law of West Vir- 

 ginia, under which the jury was impaneled 

 which convicted him, as no colored person is 

 eligible as a grand or petit juror in the State, 

 in accordance with the following provision : 

 "All white male persons who are twenty-one 

 years of age and not over sixty, and who are 

 citizens of this State, shall be liable to serve as 

 jurors." 



WHITTINGHAM, WILLIAM ROLLINSON, Bish- 

 op of the Protestant Episcopal Diocese of Mary- 

 land, born in New York, December 2, 1805, 

 died at Orange, New Jersey, October 17th. 

 At the early age of twenty he graduated from 

 the General Theological Seminary in New York. 

 In 1827 he was ordained a priest, and four 

 years thereafter took charge of his first im- 

 portant parish, St. Luke's in New York. In 

 1835, after a trip to Europe taken for his health, 

 he was chosen Professor of Ecclesiastical His- 

 tory in the General Theological Seminary. He 

 was during this period quite active as a writer 

 and editor of various publications. He edited 

 the " Family Visitor " and " Children's Maga- 

 zine," monthlies, " The Churchman," a weekly 

 Church paper, " The Parish Library," Palmer's 

 " Treatise on the Church," a translation of the 

 Commentary of Vincent of L6rins, and Ra- 

 tramn on the Lord's Supper. When a stu- 

 dent he assisted Dr. Turner in the translation 

 of " Jahn's Introduction." He was associated 

 with Drs. Schroeder, Turner, and Eastburn in 

 the authorship of "Essays and Dissertations in 

 Biblical Literature." In 1840, after a sharp 



