The enquirer. [volume] (Richmond, Va.) 1804-1815, 1813-05-04
II more comttese Statement of
MCCABI.'s CASF

me statement OF the proceedings in the
Enquirer of the 9th April against John
M'Caul was not altogether correct. Two
indictments were found against the Prison
err, each of which consisted of several
counts. The first indictment charged him
with the Larceny Of Bank notes and specie,
the property of john Preston On this
indictment the Prisoner was first arraigned.
a motion was maize to cuash the indics
ment on the ground that the Prisoner was
indicted for different offence from, that, for
which he had been demanded for trial b,
the examining Court. The record of the
examining Court was looked into, by which
ut appeared that the prisoner was there
charged with the offence uf stealing Bank
notes and specie from the Treasury, 1.-The
property of the Commonwealth" The
court was OF opinion, that If the prisoner
had been acquitted of that charge: by the
examining court, and this indictment had
afterwards been found against him, he
misht nave pleaded autrefoits acquit, 5"
and averrec that the monies Of the Com
monwealth and the monies Of John Pres
ION, were identically the same, and that it
was the same felony but tie Court doubted
how tar the broad terms of the decision OF
the General Court in June, 1912, would
permit II to look into any evidence dehoys
the record, to prove that the offence for
| which he had been remanded, and the of
fence for which he was inaicted. was the
same, and therefore ouashed the indict
ment' Inc Prisoner was then arraigned on
the second indictment; one of the counts Of
this Indictment charged larceny of nine
Ieen french crowns the property of the
Commonwealth - five other counts charc.
ed larceny OF Bank notes the properly
OF the Commonwealth" and another chare-
! ed larceny OF Bank notes " the propertv
OF the Commonwealth. and in the CUSTODY
| OF john Preston, Treasurer of the Com
| non~ealth.'' a motion was made 70 ouash
this indictment on the ground. that two dis.
tnct species OF larceny were CHARGED in this
same Indictment, the larceny Of money be-
ing common law off nee, and the larceEy
OF Bank notes being exclusively statutory
| opence' lie motion was verruled.-A
motion was then made to quash all those
counts ID the indictment, which charged a
larceny OF Sank notes, On two grounds
LIST. That the statute could onlv be con.tr,
ed 70 extend to the offence of LARCENY from
the person "a, That if it did ernbra ca the
case OF larceny from the possession as
wen as rom the person, yet that the words
u any person shall steal from another''
cannot apply to the case Of stealing, from
the Commonwealth, which is not q 1ofur6I
person. This motion was considered as
being important; the arguments Of the
Counsei, and the decision Of the Court were
laborious and lengthy; the motion was at
ter due consideration oYerruled.-The Pri
soner then pleaded and put himself on his
country. The VeAre were all CHALLENGED
for cause; all Of the Bystanders were then
sailed ana were all challenged by the
Prisoner Tor cause. except one who was
peremptUfly challenged. The Court thrn
awarded new Tentre (tria8, command
| ing the Sheriff to snmnion sixty frcehoders
In obedience to the writ they appeared. &
OF them a1out tlurty were chsiienged TO,
cause, about fifteen pcremysorily. and a
, JUiy was.iornicG Of the remainder. The
trial continued Two dsyS, and on the Sc
cond njGh. s0"it II o'cio~k tie i,,rv retire, .
and ~ d lev minutes returned with yer
Dict OF Not Guilty, whereGpon NJ war dis
Charged. On the bext dag > motion was
made 10 the Cvprt 60 direct the Nj ,trate
"be bad the custody "a the money ,shict
had heen found, TO tore to the prisoner
the Ba9k notes amuLn,ing to $3.50 when
were round 'n ine l'Oc%et BOOK Of the wi