Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1821-11-10

ienge Tor favour tho persons who were call
ed 10 serve on the Grand July. He exami.
ned the only British authority { Hawkins !
which the Council had cited in support Of
their motions and he stated that il did not
bear up the construction which they had Civ.
en- to it. He also examined the case of A
ron Burr which they had cited-and no at.
tempted 10 show, that Judge Marshall had
not decided in favour OF the right to chal-
lsnge; bos that he had merely acceded to
proposition made by tho u States A,torn-
ey, to which the counsel of Burr had also az.
sented; To ask Of the lurymen whether they
had formed and expressed an opinion in the
case.-Jodge BrOckenbrough also argued
from the inconveni-nt consequences which
would arise from the admission of such
right; he observed, that ii every prisoner,
who wss about to be tried ut the OLD Baily
could challenge the Grand jug, it would
be extremely difficult to find a Jury at all,
and the criminal Jurisprudence CT the coun.
try might be seriously obstructed. He ask.
ed If there were the same right to challenge
the Grand as the Petit Jury, why the PRISON.
ers we're not also served with copy OF their
pannelp lie pointed out the difference be.
tween the two jufies; the cue was the accusing
jury; and the other the trying jury-the one
bad to enquire generally into all the offences
within the body of the county: tie other, on
the contrary, were tied down to particular
case and therefore in the last, the right Of
challenge was properly granted.
Aster the delivery OF this opinion the
Counsel for Mr.. l.. enauired, whether they
were at liberty to introduce evidence to
prove that any of the gentlsmen summoned
on this grand jury, were either Directors, or
Stockholders, of the Farmers Bank, OF had
been active IN the prosecution of the prison
er-The Judge objected to this, as not being
within the law which he had laid down.
The attorney general then consented, that
any one who was Director might be set a
side.-The Prisoners counsel then acceded
to this; and two gsntlem were accordingly
sci aside.
The Attorney General would not consent
to exclude any one fiom the Jury, because
be was srockholder.
The Jury were then sworn. and retired
A, subsequent Perlod OF the dsv, they re-
turned three % true bills" against A. L,lh.
cow.
On Wednesday, the court were principal.
" occupied in the trial of Leroy VandevaH,
tree mar OF colour, for shooting Richard
Ross, white man. The Jury found him
su'!'y oil antapjuf, no: malicious J shoot.
IT 6; ana sentenced him 70 ole years confine.
meat IN the Peniten,iary
Yesterday. the Grand jury found three
other true bills tteing about eight for this
terml-and were adjourned over ill Mon.
day, 20 receive others.
Mr. a. Lnhgnw being arraigned at the
bar-the motion tor change Of the Venue
came On. II was urged by Mr.. Allen MIR.
McRse, Gen, Taylor ard Mr., Samuel Tav
lor-and resisted by MIR. z, N Nicholas. and
.i.e Attorney General. Three aifidav,ts,
one by the prisoner. aud the others signed
ny two gentlemen of thi. ciiy-an also Two
articles Off newspaper, containing colour
less statement of Tie early facts Of the case
were brought forward Under tie act of As
semoiy OF Feb. &c, 1919. as the grounds of
the application. The object Of these docu.
ments was to show that the prisoner could
not obtain an impartial trial here, on accoun,
OF tie Prejudices which were rum ing asains,
him. The counsel for the prosecution, on
the other hand, commended, that no " good
cause was shewn' for this application The
Judge took time to decide on this opinion.
On motion of the Attorney General. the
prisoner was then ordered into the custody of
the jailor.-E Enquirer.
NouemJer s.
Yesterday, Judge Brockenbrough ovcrIu
led the motion for change of the Venue. 10
written opinion lie examined the grounds
which had been assigned for the rotiop.-he
analysed the three afIidavits which had been
submitted - and concluded that there wa.
not good cause shewu" for change AT
ter giving all the weight possible TO the aft
davits, he thought that there was no sufficient
reason To believe that in so large county as
this AN impartial Jury might not be found TO
try ihe accused If the venire summoned to
try him should be exhausted in vain, still
there would be an opportunity TO try by send.
ing tales into the country whether fj.ln.
teres.ed jury might not be obtained Such
an experiment bad been made in other cases.
and it might be- made in the present one
As TO the publication which had been cited
from the Compiler, tie did not believe it was
such that any man in the world woold make
up bis orinion on the guilt of the accused
lie concluded. to override the motion.
Ms. Alexander McRae then moved, after
some consultation with the attorney general,
to postpone the trial till next FTiday-tbe
ground he assigned was, that MIR. Samuel
Taylor, one OF the Counsel for the accused.
was compelled to att, nd the Chesterfield Su
perlor Court of Lew, end that FRIDAY was
the earliest day when he would certainly at.
tend this Court.-The Judge was anxious for
en- earlier day TO be nemed-as the obtaining
OF jury might possibly occupy some time
and but four days would be left, if postponed
till Friday, for the completion Of the trial
The attorney general also wished an earlier
day finally. Thursday next was named
as the day, and agreed upon.
We understood the Judge 10 saw. that If
upon Sufficient experiment an impartial 10.
ry could not be had TO try Mr.. Lithgow, he
would again con'eDt to near the motion re.
Bewed, for change of the Draue.
In the mean time Mr. l. remains in Jail