Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-07-11

late session of the General Court:
Present, Hugh Holmes, William Broken
brough, Peter Johnston, Peter Randolph,
William A. G. Dade, George Parker, Will
am Daniel, James Semple and Richard E.
Parker, Esqrs.
Commonwealth
jerry.
The prisoner who was detained in slave
ry, but who had sued for the recovery of his
freedom, and was of course entitled by law
TO be tried as freeman, was indicted under
che act OF Assembly, for attempting to COM
nit rape on Mary M'Causland. Several
questions were presented by the record and
adjourned by the superior court, to the ge-
neral court, for its decision. But the court
was unanimously of opinion, that the judg-
ment on the verdict of guilty ought to be
arrested and stayed, because it was no where
in the indictment stated, that Mary M'Caus-
land. was wkise woman, and that such de-
csion rendered it unnecessary to determine
the points expressly adjourned in the case.
Commonwealth
DS.
Lawrence Linton
The prisoner was examined in the coun-
! ~ of Ohio, before court constituted for
that purpose, for in6icting suudry wounds
on Joseph MCaughIy with intent to main,
disable. dishgure, or kill him, and remanded
for trial before The superior court of Ohio.
In the mean time M'CaughIy went into JEFF.
ferson country in the state Of Ohio, and
there died of his wounds. The prisoner was
indicted 10 Virginia for the murder, several
questions were thereupon adjourned TO The
general court--ihe nature Of which will be
seen by what follows.
I The court unanimously declared that Ike
prisoner being charged before the examining
court under the slabbing act, could not be
! tried for murder without further examina.
ton.
! That he could not be tried for the murder
at ali in Virginia, the death having happen
edin a place out of lis territorial limits.
But thirdly, that the subsequent death of
the person stricken at such place, formed no
bar to the trial and conviction Of the pri-
soner for offence of feloniously stabbing,
wounding sc. with intent to kill &'c. uncer
the decision OF the examining court remand
/ ing him for further trial.
Joseph Chew Us. the Justices of Spottsyl-
vania county.
Joseph Chew, who who justice OF
the peace tor Spottsy lvania county, removed
from tina, to some other county IN the state,
with his family, and there resided for seve-
raj years. He then returned to the county
OF Spotlsylvania to reside, and offered to
take his seat on the bench, but the court re-
fused to permit him to do SO, alleging that
he had vacated his Office by removal from
the county without an intention to return,
and that his happening actually to return. did
not restore him TO It. Chew moved the su-
perior court of Spottsylvania for manda-
mus to the justices, commanding them to re-
store hlm to his seat On the bench, and a
conditional writ was awarded. The return
of tue justices set forth the facts stated a
bove, about which there was no dispute, aud
submitted the question of Chew's right TO
the Court. Several questions were adjourn
ed to the general court, which were ably ar
gued al its last term by MIR. Stannard for
Chew. and the attorney general for the JUS
tees, and the members of the court were
divided on The question, whether the reno
val o, Chew, apso facio vacated the office, or
was cause of forfeiture. which it required
judicial proceeding to perfect. A, the
present term, the following opinion was or
dered TO be certified to the superior court,
. The court not deeming il necessary to
decide the abstract propositions stated in
this case, do adjudge. that no mandamus
oughtto be awarded, because such a'remo
val as is stated in the record is either an a.
mendment, Virtual resignation, or forfeit
TUE OF the Office of justice of peace and
whether Do,d orvoidable by ajudial proceed
ing eventuatlng in Judgment of motion,
no mandamns ought to issue TO invest the
applicant with all Office not belonging TO him
if 0oad, or which might be taken from bin
il poidaSie.n