Delaware gazette and peninsula advertiser. [volume] (Wilmington, Del.) 1814-1820, 1818-11-18
LAW CASE.
Reported for the Village Record.

This cause WAS tried at the Court
# Quarter Sessions lately held II
Chester County, hciore the hon. job"
Ross, President and his associates.
Darlington, Hemphill, L. Ross, Tor
J. Edwards and Ducr, for defend
ant.
There were two hills of indictment;
one for ii conspiracy to cheat. an0
cheating WIN. 1'homas--thc othea
charging defendant with the same
offence in relation to Benjamin Hick-|
ian.
The death Of Joseph Withers, ont
of the parties to the conspiracy, was
and the trial Of Augustus
Withers, the surviving defendant, pro
ceeted, upon both bits OF Indictment
at the Same time, after exception by
his counsel. overturned by the court
and ttu exception noted.
Defendant claimed his right tn
double challenges, and was allowed
Ito exercise it to tho full extent.
The principal f4cts which appear
ed in evidence to support the prose-
cution were, that Augustus Wili'ers
and Joseph Withers had visited mos
Of the millers in this vicinity, and EN-.
deavored to extort from them. unde,
a patent right, obtained by one Mi
ieliael Withcrs, from whom they he'll,
Ia power Of attorney, for the lcine
|gudgeon. They, in all instances, Us.
serted that the common wing god
(geons, used by the millers, and wh'cl
Elave been in use about thirty gears
were included in their patent. and, y.
various false and fraudulent pretcDse'
land artful representations. were FIRE
kiuently successful in obtaining money
SonIetimes they said, that the paten
tee was their father ; sometimes al
aged uncle. although, ID fact. he j
THE brother. I'ney a!led4rd that =
specification Of the invention or dis
.oyery, with "A model, had been dspns
ited in the patent Office hong Tim
|aa0, alt. push. in lurt, DO such spc
| ,licatioa or po,,el was deposited unit
Tie time the pat' 1T was t ken out, 1
(wit, in tSi3.-ihey produced a lon
list Of persons from whom they sal
, they had collected the money. Fhc
pretended to have prosecuted ono vi.
mi recovered treble damages ;-Gt
ht did not appear at the trial that an
une suit had ever been brou. ut unde
j, t.!icir patent.
In the case of VIM. Thomas, on
of them pcrsona,cd All officer of ju,
,ice, and claimed the power of enlor'
T. ing immediate payment. and threaten
}, ed to seizr his goods unless the clair
were satisfied.
Italso appeared that CalebKirk. or
. of the individuals from whom til,
II had extOrted money, and whose nan
II they had made great use Of to inpo
-, upon others, had heretofore obtoin,
a rule upon Michael Withers. fro
u the district court Of Maryland,
IS shew cause why his patent should n
,Yb be varated-tlat upon the henrin
under that rule, all claim to the cor
mon wing gudgeon, had been expires
" ly ahandoned--tllat lie r0niined 1
A. staim to q pretended Improreme'
ID consisting, as lie alledged. and excl
g pliiied by model in d bcpil upon on
ii one side Of the scings nearest the nc
" ,Iof the sudgeoH.
~ The common wing gudgeon;s sligl
l lily hcvel!cd on both sides. Models
,. bot, kinds were produre,i TO the cou
No person could be found wIIo h
ever seen wing gudseon in use &C
* responding TO the nonel produced
H. the tatentee, At the district cou
~ upon the above hearing, as comp
(, lsiug his Improvement, and the ger
- Eral opinion was that it would be Us
y LESS
ar The counsel for the defendant,
IS. tier calling one or two witnesses, re
N ed his ease upon the grounds, that
facts proved did not amount to a CT
tspiracy in LGIc, nnG that there /
x been 10 cheating reiih false tokens 5
$50 licicptly laid in she indictment or p
ks we'd upon the trial.
The cause was submitted to
y" Jury, after a patient hearing OLA ,
is and a half, full argument Of ccun
b. and an elaborate charge from
.s bench.
=, thc Defendant was found GUII
= upon both indictments, and stn,cE
lbs to pay iiur Of fifty dollars and
L, - IlSIlix.t.