The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-28

the important caues naituted by the dcvees Of the
late Lord Granville for portion Of the territory
which they claim in this ARe. This expectation has
been disappointed. On Monday laf it was aunounc-
ed b. Judge Potter, tina, the had formed, aud
were ready to pronounce opiiion the motion,
made the former term by the defendants council
IL, Of the iurs to dlcharge the demurrer to evil
dence. The plaintiffs eounfel obtained leave to be
heard further in oppoiition this motion and ON
the fucceedng day argued it length and
produced number Of authorities Judge Potter pro-
nouneed it his opinion, tina, the demurrer r-
regular and improper thar IL ihoud be discharged,
and that jury hould be impanreiled again try the
iGne ffaa between the parties The Chief Juice
expreed his ncerc regret that he souud himfef
PEELED to decliue giving any opinion. He obferved
that on former location he had informed the coun-
Eel both des that's If the deeion Of that con:rover-
fl depended the operation of the treaty Of peace
protecting the rights Of Brtih fnbjeas to lands once
held by diem, he had formed an opinion f. decided
that he believed it could not be altered, even
fliaken by argument; but that as his opinion was
formed time when he felt very nrong interelt
IN the queon, he knew not how far it might be at
ir;butable the bias 70 perhaps occaoned, and that
therefore he would be willing fit judge in
the decion OF the eauies IL they turned that point
He added that he was then informed by the council
on both iides that, although that point one a-
mong feyeral Others which would he RATED in the
courie OF the argument. 1t was not the which
the determination Of the caufes was expected to de-
pend Esspon this information lie had attended to
che able dfcufIon which was had on the merits of the
claa. On point he had for forne time doubted
whether the fate of North Carolina had had not
eonfcated the property in queition ?-hiature con-
liberation had not enabled him fay that property
con6lcated all others he had entertain
ed doubt. Thus driven to determination on the
point whereon his mind was 70 fully made up, and
ed, he conceived proper withdraw hnlfelf wholly
from the deciiion Of the cafe. With peculiar en-
phaiis he remarked that, next to the forming of
correct opinions on correa principles it YVES moa
important to courts o. junice that the correctness of
thofe principles fhould be unquehionei With ref.
peel to the motion which an opinion had JUL
been given, as he had Withdrawn himfelf from, the
cafe generally it unneceHary for him to fay any
thing. Were he to concur in the opinion pronoun-
ced would thence derive additional validity &
he to differ from If, the confequence would be
but to delay the prorels OF the caue until the fen
tments OF the iupreine court could be afcertaned
matter foreign from its merits. and not connected
with its fiuai event. The chief juffice having thus
declined giving opinion, tina: of Judge Potter was
recorded the decilion of the The derlur-
rer thus difcha<ged and new venire ordered
The plaintiffs council not fatisfed with the deter
minaton, prayed leave to except thereto, in order
that il the fut fhouli be removed by writ or error
to the fuoreme court, the determination might be
there reviewed. The exception was accordingly re-
corded. The iGues OF faa of courfe to be
tried by jury at the next term. (lpzinrva.
Thomas Morris ii Tenneiee, who was taken up
az Edenton fome months ago for paiiing counterfeit
bank notes, and brought this place by col. Bount
tried on "Wednesday lait--1he evidence was ic
clear that The jury had retired but few minute:
when skey returned witha verdei of guilty. The
court Fined him one hundred dollars, and fentenced
him TO FIVE years imprisonment in HiIliborough
iai!--:o iiand committed until he paid the fine.
John Jorcs of Virginia, who was unprecedented lao
winter in Norfolk and underwent an examination
for pa,iiIg counterfeit bank bills 1T Hereford in
this fate, and who was brought to this fate by
the MARTIAL of Virginia. was tried and convicted
at this term the judgment Of the court was five
years i:npri(Onment III H:lnborough Jail and to be
confined until he pay fine of one hundred dollars.
TIL" trial OF Nathan Holdfclaw, who formerly lv-
ed IN this county, and who committed few
weeks ago to Hiliiborough JAIL on charge of having
attempted to pats counterfeit bank bills in Nontgo-
merry, was confined until next term-Not being a.
bic to give bail, be was remanded to Eillfboroueh
jill.
lfaac Sullivan Of Robertfon, who was bound to an.
pear at the Federal Court, anfwer charge of the
notorious ioldscIaw OF having ralTed counterfeit,
Bank Notes, appeared but could not obtain his trial
AID was rebound to appear at the next term.
We learn that Abraham Irwin who was brough,
nee " S'' J"i' ISioore OF LINCOLN, under charge
of fgning counterfeit Bank Notes, has been exaun.
ed before Judge Potter, and difcharged
Benjamin Dorfey and Lewis Hunter who were alrc
brought here by col NJ of Lincsln, charged with
eounterfeting, were admitted 70 bail.
Abraham Collins Of Lincoln, who was bound &c
this court under charge of oounterfeiting Bank
Notes, was not tried at this term he YVES commit.
ted 10 Marlborough JAIL with permifIion to be bail
ed before maginrate of Orange in the fun of Gort,
thoufand dollars. tU