Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-11-16

fully exclude all those gentry who are sn fond
of moc6-tWes. SCNEX
A. LlTHGCW'S CASE.
we stated IN orr last paper that jury had
heen sworn on the second indictment in this
case on Monday last, and that the prisoners
COUNSEL had moved the court To exclude from
the jury all evidence, tending to prove that
the prisoner had embezzled paid check, that
paper not having the qualities OF "A check, and
not beng within the provisions of the Act of
Assembly: The argument on this vital oucs
ton was conducted with great ability on that
day, and till Tuesday about o'clock. The
court without taking time TO examine the
question, decided in favor of admitting the
evidence, and the examination of the witness
es occupied the court till eleven O'Clock, that
night. In the course of this examination. the
counsel for the prosecution offered TO submit
evidence of other checks than the one charged
as beng misused by the prisoner in similar
way for the purpose of proving the fraudu-
lent views of the prisoner. Mr.. Allen McRae
moved to exclude the testimony The court
overruled the motion-and several checks
We're brought to the notice of the jury, of this
description. Ii is improper at this time to
give more particular account of this evil
ucnce )--On Wednesday morning the Judge
declared that he had reflected maturely on
the important motion which had been made ::
tlat he had examined the authorities in con
nection with the statute,and that his mind had
peen irresistibly drawn 10 the conclusion that
the evidence ought TO have been excluded that
the instrument termed ga check" had precise
aud definite meaning annexed to it by the law.
and there being no doubt about its legal mean
ing !; 1t was improper to refer to the common
usage on the subject: that the check in this
case having been paid it was juncius oGcio,
and was when embeZzied "no check :" that
although 1T was valuable to the Bank as a
voucher, that value did not initise into it the
qualities nor cEtitle it to the appellation of
-" a check :" that although the cmbezzement
OF these papers might bc attended with extern
slvc mischief, and the legislature probably in
tended to protect them as well as subsis,inc
checks. yet that such intention ought not TO
prevail against the words OF the act in "A case
OF felony, when 1t operated uniavocabIy to the
prisoner: that whether paid check could be
considered as security or facility need not
be decided, as botn counts charged him with
embezhling" check :" that although he had
yesterday, attera few moments considerations
admitted the evidence, he considered il his
duty now TO express this change in his opia-
ion, and his more deliberate conviction. His
reasons We're expressed at large but we can
not publish fuller statement.-The Judge
also declared that on more mature reflection
he considered the evidence as to other checks,
Tor the purpose of proving the fraudulent in
tentlon to have been inadmissible.
The evidence being thus excluded, the
Attorney General moved for leave TO en-
Ter noAe proSequi, hut this was thought
to bc irregular, and the jury acquitted
the prisoner without leaving the box.-Thc
Attorney General then moved the court
to quashthe acknowledgements, which was done ;
and the Attorney General entered noile pro
Sequ' as to the proceedings of the examining
court, on which the prisoner was discharged ;
but the Judge having heard all the evidence.
issued his bench rarrant, commanding the
sheriff to carry the said Lithgow before the
mayor, or some alderman ofthe city of Rich
mond. The proceedings will thus begin dc
'loro. The warrant specifies the charges 10 be
the embezZement oftlree paid checks being
securities and facilities of certain monies, and
bank notes; and the lareeny OF the same. Ii
IS understood that before any thing else can
be done in this ease in the superior court
there must be another examining court.
Mr. IL. still remains in jail.
Compliments to counsel are so common in
the newspapers, they are almost worthless
But even at the expense of iucurring this i'm
putation, VIC cannot forbear to devote one
word to the great ability which Gen. Taylor
has displayed throughout this cause. For a
perseverance that never tires, clearness of ar
Sument, grace of eloquence aud manner, and
above all, fora winning eqlnnimity oftempcr,
this member Of the Norfolk bar has distinguish
ed himself
".VEJV SCHOOL,"
'hn If, m; 81, A..