Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-06-12


with hm TO me Brokers office, IN Fourth
81. (A1r. Ducker's } that he stood ut dis
lance, and gave Wood the money, which
when exchanged, Wood returned The pro-
ceeds 70 him. Alexander said. that he
had given the 500 TO Wood for himself.
Wood did not deny any thing that Alex
a'Ider SAID, but when Alexander assured
me that there were but three persons ac-
tually engaged on the spot, in The robbie
~, Wood observed that we had Alexan-
der's confession that there were but three
concerned, and he hoped we did not want
TO hang more than the three / told him
20 be on his guard, and that persons CON
ccrned III aiding and abet,ing, would
share The same punishment as the princi-
pals. Ara previous time, when pressed
Inn 10 tel! ne where the money was, and
that II would he d serious matter 10 him
al iC dad not disclose the facts he SAID
that he was not afraid, that no person
, cOncernedin the robbery could be admit
ted asa witness against him, because they
had all been convicted that Davis, who
informed against him was a convict. and
;hai Alexander and Thomas Hare we're
both convicts /: To which ! replied, that
Hare had beenpardoned. Wood remark
ed 10 me that Alexander had told me he
rad gNenup all the money, * he asked me
why suspected him Alexander told me
that he had placed the money (the pro-
ceeds of that which Wood exchaDged) be
iind the looking glass. He did not state
that Wood was TO have a share in the
plumber but he said that the reason why
Wood and T. Hare did not accompany
them, vas, that they concluded three
were enough; and il there were more,
there would be greater difficulty in cscap-
ing detection.
The prisoner offered no evidence.
Mr.. InserS0U, the district attorney, con-
tended that the evidence iii relation TO all
the counts which are moi capital, was con
elusive whether the other counts we're
proved, would depend npon the meaning
winch the court and jury might give To
the word jeopardy, in the 10th section Of
The law. With respect 10 The term jeopar-
dy, he observed thai the Legislature used
word for Which we can recur 10 no code
of law for a definition. We are obliged
TO enquire ofdictionaries for its meaning.
This is the first step OF departure from
that precision which the law exacts i'll
criminal case. Dr.. Johnson derives it
trem the French I'ai perdu, L hare lost,
end detues II peril, doHgcr. | should ra-
Their derive II from lie pe,d, L lose. and
define /, extreme peril or danger, equva-
lent to ITS all oueF, 1 an lost, or the like.
When loaded pistol is presented with
threat 10 discharge il, the mas aimed at
may be injedy, as the driver of the mail
says he was f.; and he may be in DANCE,
too, but not that extremity of danger which
tins word calls for. If Tie pistol had been
tIred, and missed, or snapped, | should
consider the life III jeopardy by the use of
the dangerous weapon but doubt whe-
Their mere menace 10 use a loaded pistol
tad 81 h.a, 4 4
III the law; and it would be especially Sc
we're 10 apply the strongest meaning of a
doubtful word in an accessoral case like
this, where the accused was not al the
place OF perpetration. In short, nv diff
hculiy is this /; the word is doubtful. and
the case is capital. Like the word reroH
therefore, on which this court had rel,is-
ed 10 settle ajudgment of conviction I'm
capital case, II appears TO me that the
prosecution is liable 10 be defeated by the
mere doubtiulness oflhe word used by the
legislature. Ghe best idea have met
with OF what strikes the as The true use of
Jeopardy, is to be found III the Bible, in
the 18th verse of The 9th chapter ofJudg-
es, Zebuon and Napht&li were people
that jcoparded their lives unto the dsaia.
IN the high places Of the field" Here the
word means a danger of an extreme de-
such should suppose the word jeOpardV.
Rerhaps the idea is refinement. Bill
such as il is, think proper, after some
rehectIon, to state 1t; and under an i'm
preston oi az least the observation-disclosures
OF the term. shall not press that part
OF the case which calls for the offenders
lite, wien II is perfectly clear, upon the
testimony aud the law, that he is guilty of
thai CRIME which Is not capital.
Mr.. Phillips, for the prisoner, stated.
that as The prosecution upon the counts
which charge the prisoner with a capital
offence, was given up, he should submit
the prisoners case upon the other counts
60 Tie jury.
Judge Washington informed Mr.. Phillips
that tile Court didnot entertain the doubt
which the district attorney had expressed
as 10 the meaning OF the word je0pardy,
and that 1t was proper 10 apprize him of
iliis, In order that he might defend his eli
cut IN like manner as lnO concession had
been made, or doubt expressed by the
district attorney.
The counsel still submitted the case
10 The jury, under tie charge of lie court.
J'age Washington then delivered the
following charge:
Tile firsf inquiry for the juryis, uIieth.
sr the mail carrier vas Iobb bed of the mail
aud, il he was, whether it was effected by
ruttlng the lie of the carrier in jeopardy
by the use OF dangerous weapons or other
wise.
Ihe conviction ofJosepb +. Hare, John
Alexander and Lewis Hare, before Tie
circuit court of Mary land, aud the sen
teUce OF the court thereon, is evidence
the most conclusive against The prisoner.
that the crime for which those persons
@ere seyerally convicted, vas committed