Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-06-12
Gentlenen offhe 80: :.

is indicted for the murder Of John Carson,
by 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
of February.
1t is your duty, 20 decide, by your verdict
taking into consideration, all se cireuni-
stances OF the case, whether he be guilty of
murder or not.
"A Jury has 4 right, in Criminal Cases.
10 give special, or general verdict--A
special 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
= general verdict in all Criminal Cases, it
follows they have ncidentGily a right to
determine both the Lcgv and the Facts,
whirh are often, almost inseparably con-
nect-d with each other.
What says the Constitution upon this
point
In indictments for Libels, the Jury shall
have right to determine the law and the
facts. under the direction Of tie Conrt, as
in ofher Cases.
From the evidence it appears, that John
Carson the deceased, was married to Ann
Baker, in June 1901, and that she was after
wards married in the month OF October,
1915, to Richard Smith, the prisoner at the
Bar.
1t is made question whose wife she was
on the 20 h of last January, the day on
which Carson fell, by the hands of Smith,
It is provided by our Divorce Law,
where man leaves his family fortwo years,
and his wife marries after that time, in
consequence of report, apparently well
grounded, that her husband is dead,
that in such case she is not guilty, of Adul-
tery-And that the husband on his return,
may insist upon having his wife back ag-i
or to be divorced from her-and that ne
may Institute a suit for a D,vor, within SIX
months after his return.
To make the marriage Of a wife lawful,
IN any degree, under this act, t7oo thirgs
are expressly required by the very words
of it.
1st. That the husband has been fgco
years absent.
ID. That rumour existed OF the death
OF the husband. The marriage must be
founded in both circumstances to give it
validity.
What is the evidence in this case !?
There is no doo.t that Capt. Carson had
been absent t1oo years, at the time his wife
was married to the prisoner. But the other
circumstance, VIZ: the report, or rumor of
| the death of Capt. Carson, has not been
made out in proof-To ustlfy the I'd mar.
riage OF Mrs. Carson, there should be evil
dence of rumor of this description. What
is the meaning of the expression" ru-
NOR OF the death of man in ahhearance
wei founded" We think it means general
report, that man died at a particular,
| tozpn, or fLgce, was shih7vrecked, or lost his
lie in some way, which the Rehort speci~
hes. 1t appears TO the court that the ex-
| preston, " IN appearance we'll founded"
has reference to the hlace and manner If
his death. No such evidence has ben
givn. Jane Baker only says, there was
a rumor of CdrsOn's death; a Sailor said
So" This loose evidence is not the evil
dence the law requires, to justify, wfe's
marrying IN the absence of her husband.
mere must be general report of his
death. and of the Ei1ce and manner of it.
here not being the evidence required
by law, to authorize the marriage of Ann
Carson with the pr oner in the Bar. it is
clearly the opinion of the court, it was to all
intents and purpose null and void. This be
ing the case, it follows that she was guilty
OF Adultery with Smith, that the RIGHTS Of
smith as a third person, have no legal
foundation or existence, that Carson
had an undoubted right to proceed at law
against his wife for divorce, and to settle
with her, ard withdraw the suit, whenever
he thought proper, without the consent Of
the prisoner, or any other person. The law
BOW under consideration, supposes case Of
this very kind, by enacting, that in any suit
tor Divorce on the ground Of Adultery. If
the attendant shall prove that the hklialiG'
admitted the defendant into coniugai cru
braces, after he kne7u she had been Guilty
OF Adultery, it shall operate as a pc petual
bar, to his obtaining Divorce.
we 50 further and state to YOU uDon
this point, that Ann Carson could not nave
two husbands at the same time. She could
not &c at the same time, the wifi of John
Carson AID the prisoner.
She was unquestionably once the wife of
John Carson, and nothing but death or di-
Uofce could dissolve the Connection. These
are the only two NODES known to the law
OF terminating the marriage contract.
1t is stated by the defendants counseI
that subpoena, for the purpose of OBJ
tanning divorce, is so decisive of the in
tent OF the party, that he cannot alter or
Change his intention. This is strange Ian
gusge, and is equivalent to saving. the
bringing suit for divorce, and the decree
IN this case are equally binding on the mar
ty. Where would be the use oS the de-
cree, II the subpoena was conclusive in the
libellantl We are therefore clearly Of
opinion that on the goth Of January last.
Ann Carson was the wife of John Carson.
and tnat he had right to settle his differ
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