Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-30

''SSio"' anu 'hc Nouit iSoOm was iilleu with
spectators.
The prisoners having been arra,cned. and
having respectively plead not guilty To their in
dlctments, Il jury was impannelled to trythem.
The Counsel for the prisoners, Mr. Emmett.
Mr.. Price, MIR. Wilson aud Mr. Phoenix, gave
early proof that they should avail themselves
OF every legal right which the prisoners could
claim. They objected 10 the first Juror that
Was called they wished to know in the first
place, whether he was !; Stakeholder in any
Bank Alleging If Sc, that he WAS I'm incom-
petent juror. They cited case from Gaines.
to shew that underwriters were incompetent
Jurors to try AN action on policy of Insurance.
They wished to know if he had not preiu,lped
the prisoners Ii he felt no bias 4? Ai,er co1si
derable discussion by the counsel on these Sc
veral particulars, the court decided, that the
interest arising from sources so remote rs that
OF possessing stock in any bank, could no, rem
der a Juror incompetent, though perhaps hold
ing stock IN the bank alleged 10 have been
robbed, might do 50.
The Court SAID, every member of the COM
munlty has an interest in the conviction ofa
criminal, but this is not such an interest ms to
render every member of the community an in-
competent juror in criminal cases. II then
liked upon the Following interrogations, as the
test oi jurors competency:
LIST. Have you ever formed, entertained
or expressed any opinion as to the guilt or in
nocence of the prisoners
I'd. Have you any bias for or against the
prisoners?
ST.. Do you stand perfectly indifferent be-
tween the people of the State of New York
and the prisoners at the bar?
9th. Do you own any Stock in the Phenix
Bank !?
The juror having answered under oath the
iirst, second and fourth mterrogatory in the
negative, and the third in the affirmative, was
declared competent and sworn in chief. The
prisoners counsel objected TO this method OF
testing the competency ofj,irors alleging that
it left the jurors TO determine pout ty their
own oath, which ought 20 rest exclusively IN
the Judgment OF the court. The snrue CUES
tons We're put to each juror Respectively as he
was called, aud being answered in she same
manner, the Jury box was at length filled
Mr.. IL. >. Jones, one of the Connsel assn
Grated with the District Attorney, and Mr. tlci-
man opened the cause for the prosecus.r,
DE briefly stated the grounds upon which d.
indictment was founded, that AIilgan was in
dicted as principal fclon, and Welshman as
accessory that the testimony about to be in
troduced, would be such as not TO leave n
doubt upon the most scrupulous mind, of the
prisoners guilt. 1t appeared from the testi-
mony then introduced, which was given in Il
manner highly c:cditable to the understanding
and candUr OF the witnesses, that Milligan was
regularly employed as book keeper i'm the
fhenX Bank, in August last, aud for some
time previously, that the second teller of the
bank WIS occasionally absent from ill health.
and that hilliSan wasusually appointed by the
Cashier of the Bank TO supply his place that
hilliSan was so appointed, and was so supply
ing the place of the second teller, on the i7ih
oil August last; that on this day large a.
mount of money, checks and other securities
came into his hands as appeared in his own
hand writing, In the book of entries belonging
to the bank; that on the day preceding
Neishnlan, the accomplice; had engaged n
carriage TO be kept in readiness to go 10 Can.
ada, II II should b. found necessary: and the
owner OF the carriage was to be informed on
the day following at O'Clock, u. NJ. Welsh
man agreed to pay $50 dollars 10 the owner
Oh the carriage, to he transported to Canada,
In the shortest possible time. At 5 O'Clock.
"elsIman came for the carriage ; it was Sat
nrday the day was dark, and the approach
ing night predicted a storm Welshman took
ms seat IN the carriage, and ordered il TO Ca
nal street, where he left it few moments.
aud returned with small trunk: he then took
MS seat again, and the driver was directed to
make hls way for Canat.a. About 8 or miles
out OF Town, they took in Milligan, by the d.
recton of Welshman he had nothing with
him but an umbrella nothing was said the
advcnsurcrs observed a strange silence toward
each other: nothing appeared so desirable as
speed they rode night and day neither food
nor sleep arrested their progress, until they
reached the Canada line neither pronounced
the name ofthe other though they appeared
by no means to be strangers.
On Monday morning following, Milligan did
not appear at the Bank-he was sent for but
not found-the door Of the vault of which. rs
second t Her, he kept the key, was at length
broken open, and trunk, which was the istl-
d" depoSioryoi the money,SSc. received by him,
was broken open and found empty. Suspi
cion wasno longerin doubt, enquiry and search
were immediately made. Il kind of present.
ment was entertained by some of the Police
Oihcers, that the adventurer had made his
way towards the North. A deputation was
immediately despatched to Montreal, in quest
Oh NE absentee. II was not long after the arri-
val OF The deputatiOn before it was ascertained.
tlat person answering the description of Mil
iiSan was Ia the neiShorhood. Several active
cilizens OF Montreal and the neighboring coun-
ttry volunteered their services to aid in arrest
ms the fugitive. He was soon overtaken and
secured, and about nine thousand dollars in
money was found upon him, in handker-
cmel lied round his body. He Immediately
gave up his pistols, burst into tears, and con-
iessed that he was the robber of the bank 1t
appeared that WeIshman had separated from
his friend and had taken part of the spoil
but it had been discovered that he was ssso-
GATED with him, and he was also pursued and
taken--Weshman appeared to have more
nerve than his friend; he stoutly maintained
ms innocence, and it was not till after he was
told that MiIligau had been taken and confess
cd the whole transaction, that he was induc-
cd to make any disclosure or cOnfession--he