Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-11-24
LAM CASE.
Reportcd .fDr he piHcge Record.
CUnipCu ~ Saifl, ~ IIithaxe

Communw earth VS.. Withe,s.
Ems case was tried al the Court of Quarter
Session i.iely held in Chester County, before
Tie honorable john Ross, president and his as
socrates.
Darlington, Hemphill, II. Ross, for prosecu.
tion.
). Edwards and Duer, for defendant.
Lhere were two bills of indictment - one
Tor conspiracy TO cheat and cheating Vim
ihomas-the other charging defendant with
lle same offence III relation 10 Benjamin Hick-
man.
The death of Joseph Withers, one of the
parties 10 the conspiracy, was suggested. and
inc trial of Augustus Wifhers the surviving
defendant, proceeded, upon both bills of in.
aic'ment at the same time. after exception by
his cosnsei, overrnied by the court and the
exception noted.
Defendant claimed his right TO double chal-
lenses, and was allowed to exercise il to the
full extent.
The principal facts which appeared i'm evil
uence TO support the prosecution were. that
Augustus Witters aud Joseph Withers had vi
siteu most OF She millers in this vicinity and
ehdeavonred 20 eAtort from them, under "A pa.
tent right, obtained by one Michael Withers
from whom they held The power of attorney
iIr tie lctrg gndgeeH. They, in all instances
a'seited M tie common wing Sudgsons, used
ny ihe mixers. and which have been i'm use
ABOUT thrty years were included i'm their ma
teut, and. by various false and frandulent
pFetencef aad artfui representations were fire..
qneniiy successful in obtaining money. Some
tunes lucy said, that the patentee was their
,aiher, sometimes an aged uncle although in
fact, he is the brother They alleged Thar
speci6caiinn Of the invention or discovery q it'll
model, had been deposited in the patent of.
nee iong time ago, although, IN fact, no such
specification or model was deposited until the
time the pat -lt was taken out to wit i'm 1914
iiiey Produced long list of persons from
whom they said they had collected the money.
Trey pretended to have prosecuted one man
ana recovered treble damages hut il did not
| appear at the trial that amy one suit had syer
| Dten brought under their patent.
| II, The case of William Thomas, one of them
! pefsonated an officer of Justice, aud claimed
| 'he power OF enforcing immediate payment.
| and threatened TO seize his goods unless the
claim were satisfied.
II also appeared that CaIsJ Kirk, one OF the
individuals from whom they had exiorted mo-
Ney, and whose name they had made great MS,
OF 10 impose upon others, had heretofore OBJ
famed q rule upon Michael Nitbsrs. frou, the
district cenrt OF Maryland, to shew cause why
MS patent sbonid be vacated-that upon the
nearing, under that rule, all claim TO the cgn,
man wing gudeeou, had been expressly abaII.
doned-tiiat he couiined his claim 10 a pretend.
ca improvement, consisting us he alleged and
eAebipIined bv model IN Il 6eUei uDoR Cniy on,
sac % the rings nearest to The n.ek of Tie yud.
gcon.
The common wing gudgeon is slightly beyci-
leu on both sides. Models of both kinds were
produced 10 the Court. No person could be
found who had ever cen a wing gudreon IN
nse corresponding 10 the model produced by
the patentee, at the district court upon The
above hearing, as comprising his IMPROVEMENT
anu The general opinion was that il would be
useless. y"
The counsel for the defendant, after calling
one or two Witnesses, rested his case upon the
grounds, that the facts proved dia not amsunt
TO a conspiracy in ia,o, and that there had been
no cheating with taise tokens sufficiently laid in
me Indictment or proved upon the trial.
1he cause was submitted to the iury aftnra
patient hearing OF "a day and half, full arpn-
the bench. -"
The Defendant was found gnilty upon both
mudic,niheits, and sentenced 10 pay fine OF fiji
under each.
1t is hoped. that this case will prove warn.
,iS 10 ali rogues, and particularly TO surrepti-
IONS patehteeS' IL mas been reported al large
Ia order TO advise the miiIerS fully of ,heir
i'ghis, aud to pat them on their guard against
OH, attempts al iI1auositiau