The Sun.
London, England, 1822-09-14 00:00:00

DOCUMENTS.

Pleas at the Court-house in Nashvillo, in the State of Ten.
nessee, before the Hon. Robert Whyte, John Haywood, and
Thomas Emmerson, Esqrs. Judges of the Supreme Court of
Errors and Appeals for the state aforesaid, on the 3d Monday
in January, in the year of our Lord 1822, and of the indepen.
dence of the United States the 46th.

JAMES WATSON, PLAINTIFF, V. THE STATE, DEFENDANT,

IN ERROR.

Be it remembered that heretofore, to wit on the 31st day of
December, 1821, the transcript of a record, being an appeal in
the nature of a writ of error, from the Circuit Court of David-
son, county, was filled in the office of the Clerk of the Supremo
Court of Errors and Appeals, for the fourth judicial circuit, in
the words following, to wit :
Here follow some papers of form, not material to the case.

Next comes a long paper giving a list of the Grand Jury
and their proceedings, presenting that James Watson, physi-
cian, about twelve o'clock at night of the 24th day of S.ptem-
ber, forcibly broke into the house of Wm. Hume, and feloni-
ously and burglariously took therefrom one blue coat, value 41/
dollars, one thermometer of the value of 5 dollars, and one eyo-
glass of the value of 1 dollar.

The next document is the report of the trial. Watson having
pleaded his inability to employ counsel, the Court appointed.
Thos. 'Washington and Alfred Balch, Esqrs. to aid him in his
defence, and the trial was deferred for eight days. On Monday
the 19th of November the trial was proceeded in, when the
jury found Watson not guilty of the burglary, but guilty of the
larceny ; upon which the Judge sentenced that he should be
imprisoned two months, and receive publicly 20 lashes, allow-
ing him, however, to appeal to the Supreme Court at Nash-
ville, which he accordingly did ; and we now proceed with the
documents.

And now, to wit at the term first above-mentioned, the plain-
tiff; in error, comes and says, that in the record and proceedings
aforesaid there is manifest error in this—lst, The description
given in the indictment of the articles alleged to have been
stolen, is not sufficient : 2d, At the time of judgment in thl
case plaintiff was under the judgment of death for a capital
felony : :id, In not arresting judgment on motion of the defend..
ant.—For these and other errors, to be assigned on argument,
plaintiff prays said judgment to be reversed, annulled, and held
for naught.

BALCH and WASHINGTON, Attornies.
And at the same term, to wit the term first above mentioned,
came, as well the said James Watson, in custody, &c., as
the Solicitor-General for the seventh Solicitoriul district,
whereupon, as well the record and proceedings aforesaid,
as the matters by the said James Watson for error assign.
ed, being seen and by the Court there fully understood, and
mature deliberation being thereupon had; for that it seems to
the Court here, that neither in the record and proceedings afore-
said, nor in rendering the judgment aforesaid, in any thing Is
there error; it is therefore considered by the Court here, that the
judgment aforesaid be in all things affirmed., the matters and
things by the same James Watson assigned and alleged fax
error in any wise notwithstanding. Therefore, in the motion U
the said Solicitor General, it is considered by the Court here
that the said James Watson be remanded to jail, there to re-
main until Wednesday, the 20th day of March next, and that
on the said 20th-day of March he receive on his bare back *
the public whipping-post, in Davidson county, twenty lashes,
and that he pay the costs of prosecution. And it is ordered that
execution of this judgment be made and done upon him the
said James Watson, by the Sheriff of Davidson county, on the
said 20th day of March next, between the hours of twelve
o'clock in the forenoon and four in the afternoon of the same
day.