Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-09-14

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trespassed and the circumstances discio
sed by the evidence. were, that the deccas
ed, with two other men, had been out be-
tween IL and at night, on the 1st of Oc-
tooer, 1915, upon the bank ct which grounds
The gun had been placed /; That the decea-
SEQ having stepped upon the wires OF the
gun, had received its contents, Switch occa-
stoned his Instant death That the gun had
been placed upon the bank of warren rs
a protection against rabbit steaiers That
Notices had been up near the grounds, and
1t did not appear that there was any foot
path near the place where the accident hap
pened. 1t appeared possible, however, that
person missing his way in the open couns
try surrounding the place in question. might
have wandered to the spot where ths yum
was placed but the night being moonlight.
It was not likely that this was the case with
the deceased.
One of the two companions of the deceas-
ed swore, that their intention was to steal
turnips.
The other person who was with the de-
ceased has absconded.
The Jury felt satisfied that the deceased
was in the pursuit of an illegal act. they
Were not called upon to make any further
presentment but much diff,rsnce of opir-
ion prevailed amongst the country magis-
trates and others, AS to the legality OF pla-
cling instruments of death for the protection
of game or property in unincloscd places
Your opinion is therefore requested.
Whether it were lawful to place this
Spring Gun--and the Verdict of the Jury
properly found under the circumstance
or whether fresh Inquisition ought not
now TO be taken; and. in that case, what
Verdict ought the Jury to give, and by
what rules would the law distinguish be-
tween Murder and Manslaughter, or amy
less offence with reference to death oc-
casioned by the means described in this
case +; and against whom, if ether of such
Verdcts could be given, if IL could be pro-
we'd that the master ordered his servant to
set the Spring Gun, where he, the servant,
might think proper, without specifying any
particular place; or should a verdict be
against both?
OPINION.
am ofopinion that it was not lawful to
pl zee the Spring Gun.
TIE Verdict Of the Jury is not, in NV
judgment, correct.
The Inquisition Is certainly irregular,
having been taken before person who had
legal authority to act. If the gentleman
who took it, acted by the authority, either
express or implied, of the Coroner, l think
that the Coroner cannot undertake ano,her
lnquisition, unless required by a Rule of the
Court of Kings Bench, because he must
be considered as having taken the Inqusi-
ton, though in an irregular manner; pre-
sumo that 1t was taken in his name, and
would therefore upon the face of it, appear
to be regular.
l think that the Verdict of the Jury
ShnnH N y hea,,
servant who placed the Gu-, and the mas
ter who ordered him to place it. If the
master and servant had been standing on
the spot, and had found these persons tres
passing, il would have been murder in them
to have shot one of them. | think that it
is not less so that they have placed this
deadly weapon where it was likely to kill
trespasser, and has killed a trespasser.
and might have killed person who un;n-
tentionaily trespassed.
]. GURNEY.
Scrgeant's Inn, Oct. 10. 1915.
BosroN, Sept. S.
Emigration to France from England con-
tinued. 1t is stated in the Times Of the
22d, that upwards Of $4,000 English were.
at the last accounts, in Paris.
Considerable difficulty is experienced in
procuring seamen to man the expedition
ag inst Algiers. Many, it is said, emigrate
to America.
Mr.. Holman, on tie theatrical recruiting
service, arrived at Cork. Juy 10.
LONDON, July 10.
The Hamburg letters represent the state
of Sweden 8; Norav " as far from tranouil.
The Diet at christina bad b en- prorogued
SIX or seven times, and was finally dissolve
ed -; but the result of its deliberations were
studiousIy kept secret. The King of Swe-
den is seriously indisposed, and the physi>
clans have reported that he cannot survive
many weeks.
July 90.
THE HEATHER.
Ihe continuance of the present very un-
seasonable weatherhas been attended with
the most banrful effects in various parts of
the country. Such an inciement summer
IS scarcely remembered by the Oldest in
habitants OF London or its environs. The
nay towards the southern counties has been
so much injured by the incessant rains that
the only alternative left to the proprietor is
to convert 1t into dung for manure. The
clover likewise has sustained equal damage
with the hoy. and has been made the same
use OF. This unexpected visitation from
Heaven, added II the severe distress to
which the country is otherwise reduced,
has infused into the minds of the people
generally the greatest apprehension ami A.
l'rm. 1t is now to be feared that not only
the clover and hay VIII experience the i'll
effects of the we Their, but that the corn
viii also be seriously jured by the heavy
rains which have fallen. Should the pres.
ent wet weather continue. the corn will in
evltab!y be laid. and the effects Of such A