Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-06-12

about to say to you, and I also request that
Iyou would consider the charge as proceed.
ing from the whole court.
Ihe prisoner In the Bar, Richard Smith,
IS indicted for the murder of John Carson.
6y shooting him through the head, ON the
goth january last.
| There is not the least doubt he died Of
the wound, after languishing till the 4th
February.
| II Is your duty to decide, by your verdict.
taking into consideration ali the circum-
stances OF the case, whether he be guilty Of
murder or not.
| !; A jury has a right, In criminal cases. to
give special, or general verdict-A spe.
cial verdict states all the material facts.
and submits to the court, the question Of
law, arising on these facts. This is not
usual, and is not expected by this court.
A general. verdict is where the jury. in
general terms, say the prisoner is guilty.
or not guilty,
From the right which Jury has, TO give
q general verdict in all criminal cases, it
fellows, they have iacidentauy a rieht tn
determine both the Lao and the Eacts.
which are often, almost inseparably COM
nected with each other.
What says the Constitution upon this
pointf
"IIlndictments for Libels. the Jury shau
have right to determine the law aud tbe
facts, under the direction of the Court. as
in other cases."
From the evidence it appears, that John
Carson, the deceased, was married TO Ann
Baker, in June 1901, and that she was af-
forwards married in the month of October.
d m m ri Al
Bar. @
1t is made question whose wife she
was on the goth OF last January, the day
on which Carson fell, by the hands of
| Smith.
1t is provided by our Divorce Law,
where a man leaves his family for 2 years,
and his wife marries after that time, in
consequence, OF report, apparently well
grounded, that her husband is dead, that i'm
such case. she is not guilty of Adultery.
Aud that the husband, on his return, NAV
insist upon having his wife back asNss, or
to be divorced from her---and that he may
institute a suit for a Divorce within six
months after his return.
| 10 make the.marriage of wife lawful,
IN any degree, under this act, t,co things
are expressly required by the very words
of it..
1st. That the, husband has been tico
| years absent.
I'd. That ''nnror existed of the death Of
the husband / The marriage masr be
| founded In both circumstances to give
it validity.
what IS the evidence in this case p
There is no doubt that Captain Carson had
been absent tlco years, at the time his wife
was married to. the prisoner. But the
otier circumstance, viz the report, or ru-
NOR of the death of Capt. Carson, had not
been made out liz proof-Tu justify the "a
marriage of Mrs. Carson, there should be-
evidence OF a rumor of this descriptions
What IS the meaning of the expression
+" rumor OF the death of man IN appears
aRce well founded" We think it means
general report, that man died at a parti-
clttar to1cn, or place, was ship,crecked. OF
lost his life in some way, which the Report
specifies. 1t appears to the court that the
expression, sin appearance we'll f,dnded.''
has reference to the PLace aud nnaRner of
his death. No such evidence has been
| given, Jaae Baker only says, there was
4 ruTor of Carsdn,s death q Sailor, said
So" This loose evidence is not the evi9
dence the law requires, to Justify wife'J
marrying in the absence of her husband
There must be general report of his death.
and OF the place and manner of it.
There not beng the evidence required
by law, to authorize the marriage OF Am
Carson with the prisoner in. the Bar, it
clearly the opinion of the Court, it was to
all tents and purpose null and void.
| This being the case, it follows, that she
was guilty of Adultery with Smith, that
the rights of Smith as third pc, son, have
no legal foundation or existence, that Car
son had an un doubted right to proceed at
law against his wife for divorce, and to
settle with her, and Withdraw the sdita
whenever he thought proper, without the
consent OF the prisoner or any other pefa
son. The law now under consideration.
supposes case of this very kind, by en-.
acting, that in any suit for Divorce ON
the ground of Adultery, If the defendant
| shall prove that the plaintiff admitted the
defendant into cOnjugdl embraces, after ne
tne,O she had been guilty of Adultery, il
shall operate as a perpetual bar to his OBJ.
tanning Divorce.
We 90 further and state to yeu upoa
this poiut, that Ann Carson couli not have
two husbands at the same time. She
could not be at the same time, Che wife OF
John Carson and the prisoner,
She was unquestionably once the wife Of
John Carson, and nothing but death or d.
corce could dissolve the connection.
These are the only two modes, known to
the law, OF terminating the marriage con-
tract.