Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-06-29

above than an i,liot-with ar. Thomas
she had lived six weeks, as nurse to his
child, and had been turned away by hrs.
Thomas on that account-that she would
often lie without any motive, and d'sobey
Mrs. rs. orders although Mr.. T. had no
doubt that she perfectly understood her
own property as distinct from that of o.
Tiers. Mr.. Farrell had only seen her at his
house part of day prior to her going into
the service of Mr.. Thomas, and occasion
ally while she lived with Mr.. T. but con-
cured in the same opinion. There was
also some evidence of general reputation
in the neighborhood where she had been
bred up, to that effect.
On the contrary-General Heath and
Mr.. Russell testified that she was remark
ably smart and subtle, sagacious and IN
telIigent, aud mentioned several proofs OF
il that occurred On the road back TO Bal
timore. Their testimony was supported
by Mr.. Aguiton, the Swedish Consul (who
rode in the stage with the traverser from
Craig's Ferry to where she left the STACEY
and by Mr.. Cook, who had always lived
in her neighborhood, had never heard
such suggestion before, but knew that
her character and disposition were always
so bad, that school masters had turned her
away lest she should spoil the other chill
dren at school and her aunt had driven
her on! of the house. Their testimony on
this point was also corroborated by other
" illnesses.
The Counsel for the traverser prayed
the court 10 instruct the Jury that the Of
fence proved was not kidnapping at COM
mon law, upon which alone the indictment
was founded that kidnapping was he
forcible abduction of-free persons from
their own into foreign country, accord
iacto 4 Bla. Com. 2l9-(So decided by
the court.
On the part Of the State it was answer.
ed, That kidnapping was not strictly
technical term, and not an essential
word to any indictment at common law
that its proper import in common parance
was, according TO its etymology, child steal
ing, referring to Iohnson's Dictionary: that
Mr.. Justice Blackstone was not supported
in his definition by the cases he had cited,
nor by any other case or precedent, or ele-
mentary wrter-that East had given
broader and more correct definition and
description of this offence so as 10 embrace
this case, and at all events rejecting The
word kadaap as tautologous there was
sufficient matter still left in the indictment
TO constitute one Of the highest misdemea-
hours at common law. This direction
having been given, the evidence was then
submitted to the Jury, (the Counsel for
the traverser, admitting that they should
believe her sane, there could be no doubt
of her guilty and The Jury accordingly,
without leaving their box, found her guilty.
Counsel for the state, Eichelberger aud
Mitchell
Counsel for the traverser. Hall and Ken
neday
There were also other indictments a.
sainst the traverser, one for the inhuman
battery Of the child, and the other for steal
Ing its clothes; on the first OF which she
was founl guilty, and from the other ao-
quilted. 1t did not appear that she had
stolen the child for the sake OF its clothes,
or that she had deprived it Of lis clothes
without intending TO return them.
Maria Thomas, who had been aiding
Nancy Gamble. was also found guilty on
an indictment for kidnapping.
Yesterday the court passed sentence on
each OF the women, that she should, On the
first Wednesday (ihe THY of July, and the
succeeding Wednesday (the llth) stand
one hour each day in the pillory, to be
erected in the Jail yard--be imprisoned II
months, and until security be given for her
GOOD behaviour, in 900 dollars.
In the brig Francis, arrived at Potts
mouth. (N. H. came passenger, Major 5.
Lorick, Consul General from His Majesty
the King Of Sweden and Norway, to the
United States.
From the Hartford Couront.
MELANCHOLY ACCIDENT.
A melancholy accident happened at
East Windsor, on the evening OF the 9TH