Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-05-19

life IN jeopardy, there conld be no jeopardy !;
| fhregtS could not create jeopardy of life or
| danger. and the presentation OF a weapOn
without using II, is no more than threat
! there mast be an actual attempt to take life
! Ii tell man he shall he shot unless l.e does
aparucular thing, aud he does that thing. his
| HE IS not in danger, for 1 have only made "A
| conditional threat.
Na person hits up 4 weapon in threatening
a't'"ue, and says, do not mean 20 use il
/ there Is itu offence.
| Suppose the pistol had remained in the
! pochei OF ttcpriSoucr, aud he had said L. the
carrier. " YOU stir will shoot YOU would
! NAV amount 10 capital oHCnre; When, !
NUuid ass, did danger exist: Could such a
! case bring the prisoner within The provision az
/ me act relating 10 jeopardy of life. in suci;
inannet as To make his offence cdpitai2 And
>e' u much danger would exist mere the
p"oi Is Kept IN the pocket. as in the case now
proved before the cont. Nhi the stsiciRs OF
a weapon calculated 10 take hfe, .ntanger
!tS' No-il wiilpnt a man iM jetr, but not ia
.jecPa's'y.
again, Il weapon cannot he said to have been
n>ei, nnieS> srch rs" is made OF it. as was
Originality iiteadcd from its structure or nm
less t,a' nse Il az the ordinary way in which il
wouih ne dansrtou,-lf II is a sword. then Il
blow must be struck with il; If pistol, there
l"i,st be snapping oft, this is the only use of
either OF these dangerous weapons that could
jcopar'ze life. The Jeopardy by dangerous
weapons Is considered b, this lar rs higher
grade OF offence than woundm. nothin-
woundins the carrier. or actnaily jcopardizins
his life
"r. FiH3iuy remarked, that he felt so mucl,
reSronNlnU.Iy ~ iia,ims abandoned this cause
and Oh fiUdiuc that there was a point II, it, ON
which tie life of the prisoner would be saved
or lo'ieitPd, ihat hc could not refrain from
making some few observations
He cOutendcd, that woundius and leonardo
ing the lille of The mali driver were convertible
terms. That by the original Post Ofhce law
the Phfa.eo'ogH y as niuch wound the dri
yer, winch has DeSn altered by the present
law thdi ln druiiipg laws, the highest of!carc
IL pat last; that OF the smallest degree is
placed hrSi. THAT congress did not intend
mat the punishment of death shonid be iufirt.
eu II snght wonnd were given. lie then
proceeded TO sheY the different laws rri.tinr
10 robbery OF mats il, England and Fr0Rce and
femarked that iu EsgirPh. woere the robbery
Oh me mat. ~ pnniShed by death, wh"thcr an
"JhfS IS doue To the anal carrier or not. The
carrier IS aiwaNS murdered, that there NAV he
NO evidence AGAINST tho cUlprit. In France If
the carrier - not murdered, the mail rohher
ohiy suffers imprisonment; and there the mail
carrier always escapes rnirrt. Ha therefore
thouSli iiidt the rGiicy Of The law wunld lead
toSuch construction aS would reveit iour-
oer attending the robbing of the mail; and il
was sound principle of law that the most
JGrorSm rite
lie urged that apprehension Of danger would
NOT create Snch AN offence upder The act OF
congress as t. aiake il a capital crime. Other.
Wis., itWpNiu depend on The timllitV. 4 ft,Jr-
ieSSHeSS OF the person attacked, whether the
criminal would suffer forfeiture of his life or
merely imprisonment In this ease the mail
carrier had not sworn that the pistols were prc.
Sented to ham. They were presented 10 Mr.
LudtO'c, bnt unless the mail carrier WIS i'm leo
rardy, the offence was not committed I'm,
uie carrier never wa, in fear until one of the
prisoners said what shall we do with them.
ahd thus was whist they were sripniug Tho
letters then the carrier felt alarmed but il
was Only has fear, for nothing was attempteJ
WF' tHt, (Attorney General, u 81 The
counsel has presented himself in very limos
.us tna'acter' as am,cas curj@. few hours
SINCE he was counsel for the prisoner. and
donot whetheTbc could have tins sonn olsen
gagged himself from the cause JIe has sbewn
me zeal OF counsel, aud not that of gDlicns en-
Ft~. MIR. w said he could with as inuch pronri
et{ as the gentlemen who had spoken, cali nim
sell 0rl.cas curioe. for if lie doubted NE law he
should have abandoned the Cause
me gentlemen have not found the kew which
o "Fnn me true construction OF the AIT
oil congress under discussion. Ifau act MAKE
use OF terms known TO the common law Won
must refer 10 the common law for an eypIsna
10, .,h OF those terms: The first phrase used in
winch is 10 be found in the EneliSh roma,on
law, compare it with this act and Won viii md
ihai The provisions of the act and those of The
co1 na,1g IaW are precisely similar.
ROBBERY by the common law nav be effected
in three ways: ~ e"
L. by the use of violence
2 BY the use of threats
3 BY the use of weapons
Robbery. By violence, NAV he comnoiftod
without jeopardy or danger OF life TO the ucr-
son rohhed: Such as the tearing an earring
from a lady's ear. Robbery, by tilreats. is com.
mifeh where the person makes use Of snch
threats as produce an apprehension in the
mind o! the party Threatened. that his charac-
ter is ia danger unless he gives up his pro
perty. -"
Robbery, by weapons, is where such ins,ru.
Il .4ge a i.tt, IL.
WhIch ENVIRONMENTS are calculated to endanger
NE; and this is such robbery as places lir, in
Jeopardy. ~ 80
la England the sole contrOyersv is as 70 tba
danGeronS character Of the weapons used i'm
eHcciing robbery. Putting life in ieonay.J,,
Is similar 10 the provisions of the common law
Where The person robbed is put in bodily C.ar
apd "e must look TO the common law for n
correct construction. There are two distinct
oHences enacted nv the art the disiurcfivc
Is sSed- which makes one offence by ,you,d
ny the other by jeoPaTfiizing life. This law
~ stronger man the original act. That was
hihch u'orHGlng." This act creates an nl1e,ce
let tie wound be ever so slight when tbs
highway Iobber says. Goding a pistol in Iis
hand, give me the mail or will take your life
ns cer,d'hiY gets The mail through opardy of
ne. ~ man surrenders his purse 10 save his
lie, his life has been pm i'm leonardo Su,,f'o
the driver had been Killed. there vOuln Ia,o
been nOJeopaTdy. that wOHld have been a., a,y
~ certainty. The construction. therefore tor
winch lie counsel contend, could NOT under
any circumstances, be y jeopardy of life. n
would amount IL this If a Iisiol is fred Off
and The party killed, there is no jeoparJv II ~
Is not fired, there IS no jeopardy; and Tins the
laws TO be made mere dead letter.
Mr.. WUf asked what is to he the evidence or
actual jeopardy Can We come to a inst can
cluson, without referring to the common law
Must there ne a blow IN particular manner.
to prove that there was jeopardy ? Il ho,tIir1
weapon ~ The hand, calculdtediokiil. and saw
ing, " sou do not surrender the mail I viii
XII Iou. is not jeopaIdzlug niap'slife. il viii
be q blcUlt to say what jeopardy means.
lie observed, that tie policy Of the Jaw was
lar COnEfess 10 nsidrI Of al tic limc Of H..