Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-13

ing, bank notes, or money, he cannot as vet
be indicted for il. Whether this provision of
the law he, as some argue, an additional bar
rier erected by the legislature around the liher-
ty of the citizen, To protect him from the en-
croachments, and rude assaults of the Judges,
or whether 1t he, ms others believe, "A most I'M
reasonable impeachment To the due administra-
ton OF the criminal justice of the country, is
not for this court tn decide: il is enough for
us, that the legislature has so wied it. 1t is
the law of the land, and must be obeycd.-
The motion of the prisoner prevails, aud the
indictment is to be quashed.
The first indictment being thus quashed, the
prisoner was about to be :rraigncd ON the Sc
cond Indictment. The Attorney General Of
tered to enter noNe proSegui us TO the third
fourth and fifth counts, and 10 arraign him on
the remainder. The counsel for the prisoner
commended first, that he could not in Il case
of felony enter a noiie Prosequi, and secondly
that II he could, yet he must enter it as TO the
whole Indictment, and not as To some of the
counts. The court decided that the Attorney
General had the authority, with the consent
OF the court, tn enter "a nolle prosequi, and
that although the court could not, on the mo-
ton to quash, strike out some of the counts,
yet that the officer of the Commonwealth had
counts that it was clearly the practice, where
several defendants were indicted, for the at
torney general To- enter ii nolle proscqui as To
one of them: That was practice much more
untavorable TO the prisoner, than the present,
because the obvious motive in that case is To
make witness of that defendant against the
others, whereas In this case the declining the
prosecution on some of the counts narrows,
and reduces the number of charges against him.
the counsel for the prisoner then objected to
the sixth count, first because it blended two
separate charges against the prisoner, the lar
ceny Of the check, and the embezzling of the
check; secondly, because he had been re-
manded Tor embezzling check the property of
the fd mers' bank and this count charged it To
be the property Of Bald,cin, Ices s. Co. The
court was of opinion that the first objection TO
II, was not sustainablc, but that the second
was good, because it did not appear that il
was the same check for which he was examn-
cd, and the attorney general thereupon enter
ed ,loae prosequi us to the four last counts,
ana the prisoner was arraigned, and pleaded
not guilty to the two first counts.
The Venirc was then called and on each
oil them coming to the book, the question was
put 10 him whether he had formed and express
cd an opinion on the guilt and innocence of
the prisoner. The result of this experiment
was, that the whole Venire was called through,
ana many the bye-standers were summon
cu-tne whole Ia the amount of about fifty.--
Gut oil these, about five were set apart for per-
emptory chalenge,and three only were select.
cd by the accused as Jurymen-the rest wer,
disqualified by the state of their minds in re.
latlon to the cause at issue
Mr.. Allen Mc1sae then moved again for a
change Of the Venue, upon the ground that
tae experiment already made was sufficiently
decisive OF the impossibility of obtaining an
impartial Jury.-The attorney general observ-
ed That tins experiment had been principally
mace upon persons in the city, the theatre oil
these transactions and that Il tales ought 10
he sent into the country.
The Judge then decided TO make that expcr.
iment and instructed the sheriff to summon
~ freehoders from the country returnable I,
Monday Morning, II o'clock.
YESTERDAY, the persons summoned from
the country on the tales appeared in court an,
9 OF them were elected by the prisoner tn sery,
on his Jury after 10 or i2 had been set asid,
on peremptory challenge, and 5 or who ma,
made up their minds in the case.
The Jury were then impannelletl and thu
counts of the indictment on which he wa
arraigned were read.-Messrs Nekervis, Wei
sIger, Mckenzie, M. B. Myers, and Ives wer
sworn as witnesses.
Mir. Ives was examined as TO the chez
drawn by the House of Baldwin, Ives an,
Carrlngton-and Mr.. Nekeryis, the Casbie
OF the Bank, was particularly examined as t,
the usagcs ofthe Bank, the duties of Mr.. Li;h
gov when LIST. accountant, sc. SC Befor
ms examination was concluded, Gen. Tavlo
on the part ofthe accused, rose 10 move tn
court to instruct the Jury that the paper 70
the embezzng of which he was indicted wa
not check in the eye of the Act of Assem-
bly-aDd therefore the indictment could not b
supported. This vital point was not decide,
last night
ROADS. CANALS. &c