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


ri'her OF the prisoners. The ultimate loss OF
the Dank was not more then To 3 or $1,000
MIR. Price insisted that this offence could not
be crimnaly punished at common law, being
mere breach of trust and that our statute,
was SO loosely framed that no Indictment
could possibly be sustained under il that the
appointment of Migan To the station of ed
teller was informal, and therefore the statute
coaid no; bear upon the offence, that clerk of
Il corporate body must be appointed in writ
| me, as that is the only method in which cor
poiate body can make known its will; and
ga. ourstatute no where expressed the scenteT,
anu therefore, was Inconsistent with itself that
hi'lisan had no need of the services of Welsh
man that ne confessed freely, and used his
eNetIions 10 discover and restore the money
that he knew nothing OF tue contents of the
trunk till they reached Canada.
| Mr. Emmett took similar ground. and went
sun farther with some OF the principles ms stcd
on by Alr. Price He said the minds of the
jurors were doubtless pre- occupied that il
was hard his clients should suffer from the
w2ntonness OF common report, or the rashness
Oh editors-that the taking of notes bills, sc.
must be wrongful in order to he felonious--
tnat the terms or the statute were bad Eng
lisl and nonsensical-th that the second teller
employed Miliisan, and not the Banl,-and,
that tho appointment of Milligan was no APP
poln'meSt hy the Bank--that Welshman had
oeen nd1ced tlro' motives OF personal friend
SNIP merely, To act the part in the business
which he had acted--that he might have
escaped after his arrest-tllat he acted with
perfect good faith in endeavoring to procure
tue money He called ON the Jury 10 antici-
pate inc -desontion which the conviction OF
me prisoners must necessarily produce
among their extensive and respectable con
neNons, their age, their characters, their hopes.
SC. -
Mr.: Maxwell followed Mr.. Emmett. He
stated that the Prisoners were indci.,hle at
Common Law--he read the bond of Nlilligan.
I" slew the regularity Of his appointment
ne commented on the testimony Of Cant.
lJ'hnson, who had suffered some from the IN
sni.i'l0hs OF the opposite counsei-hc insisted
! 'na' otr Staiutc was Sufficiently correct and
cited Sir W.. Jonrs to shew chat Criminal
statutes must be construed literally inrela;ioa
/ ~ re Soib OF The prisoners, hut strictly as to
: }a-'r punishment. Mr. Jones then read The Act
'r Legislature, for the protection of Banks.
! ae" INSISTED 'nai one part Of an act must BE-
! '1eo ana corrected by the other-tlat
''H iAe ne Prca2lbie, the purview, and the
enttt''g clause, must be collated and compar-
ej' 't.d " 30 doing SO, the true meaning of the.
Les a-'tr= coEa he ascertained, it was sufi-'
cIent. in s5ic, nat Welshman was an az
comp lne whole transaction, as might
oe seth ~ m as engaging the carriage his
proiouno .encc, his knowledge OF tbs places
where the money was secrcted, and his dccll-
ration again Millisan
Mr.. HOii man said, it had been nsinuatet..
that the PhDnix Bank were able to employ
counSei To assist the state in the prosecution of
the prisoners. 1t was Sole had been re.
tanned by that Bank, but he felt himself retain
ed by the people of this state He believed
Welshman TO be the more guilty of the two
he reIoIced that the Jury were Jud.res
both OF law and fact, and finally, as he believed
tue guilt OF the prisoners, if they could not b..
convicted on every, the most technical lecal-
grounds, he would say, acquit them. He
Went INTO an examination OF the, ohjeclious
Which had been taken against the terms OF
Tue statute showed the meaning of the iegis-
iatnrc 10 be conveyed III ordinary anglani
and IN such manner as no honest mind co,;ld
inistake IT. He said any statute, as well rs
any specimen OF the most elegant classical
literature might be so tortured by criticism.
as TO appear nonsense. The word virtue w;s
susceptible of many different signifcations.
ana tie one intended by the writer using il
must be determined by the context and the
| suolect matter He again stated if the guilt
on me prisoners were as clear as the full blaze
oil the sun, If the indictment were imperfect
| he charged the jury to acquit them. He
then showed the Indictment TO he perfect
As to the appointment of Milligan, he said il
|
was made by the Cashier. Corporations must
transact their concerns by individuals, but the
| acceptance of Miiligan, gave him virtual an
poIntment, abundantly sufficient for every pnr-
| pose of this indictment IfMIIigan was a
clerk, then he was guilty by our statute-if
not, he was more so by common law and he
must he convicted under the last count of the
indictment. As to Wclshman, he believed
nm the more guilty of the two, as he had
manifested no remorse, he sat unmoved dur
ing the whole of the trial, he called MIpan
1901 for confessng-that there was train
OF circumstances all corroborating the concert.
the knowledge and the agency of We3liman
III the whole transaction.
The Recorder then addressed the iury.-
lie SAID the first inquiry instituted by the
Court was can the prisoners be convicted
at common, law, of the offence charged in the
Indictment The boundary line between
breaches of trust and felony was almost i'm
perceptiblc, but it had been determined that
whlle the trust remains no breach of il can
De felony at common law. MiIligan had nc
yer parted with the trust committed TO him.
therefore he is not guilty of the felony at com
mon law and as the accessory can never he,
more guilty than his principal. Welshman
cannot either be determined guilty at com
mon law. In the preamble off the statute it is
stated, doubts exist whether embezzlement
by clerk, &c. is felony, therefore be il enact
cd wherefore doubts, or why enact lift be
felony at common law? The Recorder thcn
stated that the juries were Judges both ofthe
law and Fact, IN criminal cases thew might
If they chose give general verdict. or they
might simply find the facts, and throw the
responsibility 'of determining the law upon
the court, by finding their verdict specially.-4.
lie then stated the rules of Consrftcfion IN f,e