Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-12-18
From the Manchester Republicans.
IMPoRTAyT ISFDRMATI0N TO MA
GIsTRATEs, LAWYERS, &c.

lMtDdIANE kNrUhhh III - " "Ah-
GIsrRATEs, LAWYERS, DC.
Clark, a prisoner confined
in the Jail Of Culpeper County. on a
charge of rape. was brought before
Judge Holmes, at Winchester, on the
sOth of June last, upon an habeas
corpus. At the request OF that
Judge, his neighbor. Judge White.
was associated with him on The trial
of this case, which appeared to be as
follows:
The prisoner had been arrested un-
der a warrant issued upon the oath
OF the prosecutrix, stating the offence,
and sufficiently describing the Often
der. and brought before another ma
gistrate than him who issued such
warrant. and BY him was committed
to the Jail of Culpeper, by a mittimns,
bearing date the 10Th of April. 1898,
which omitted to state that the pri-
soner had been charged with the of.
fence upon oath. Ga the same day,
(the 18th Of April. 1880 warrant
was issued by the committing magis-
trate. DIR cling the sheriff 10 summon
Court for the examination OF the
fact, at the court house, On Che 25th
OF that month. That examing court
met. and adjourned until the ls'h OF
MAY; the cause not then being tried,
BY reason Of the witness or prosecu-
trix not attending, it Of course de-
yolved on the stated ordinary term
of the county court in May, when
the prisoner was brought before such
court, and remanded to jail, because
the said witness or prOsecutrix for
the commonwealth did not attend,
and the cause continued until the next
court in June. 1t may be here re-
marked. that one term of the county
court of Cuipeper. was held between
the i9ta and 25th oil April. one
otter ON or about the 2ist of May,
ami one in June; and at June con-
tinued until July for the same cause.
1t was contrnded by the prisoners
coun .el, that three ordinary terms OF
the county court having elapsed since
the commitm, MT of the prisoner, he
was entl,led 10 his discharge; but if
not 20 entitled, upon this ground. he
W falsely Imprisoned, and still con,
tiuued so inpris med, on the war; aut
OF commitment 1Cithout oath. The
Iadges decided, that although penal
IA were ID * construed .!ssss if+tRiij,'
vt they were to be q tdhsirard ration.
alu: ,hat the ordinary t-rm interHen.
ins between the day of commitment,
and the day appointed for the exam
inlng court to be held, viz. the s5th
of April. ought not to be counted oae
t. m. because at that term he could
not be tried, siace it occurred only
two days after the prisoners Conn
m,tment: he was entitled to at least
five, and the sixth day had been &C.
tually appointed for bis trial there
fore, the third ordinary term of the
county court had not elapsed when
the June term expired, and of course
refused to discharge the prisoner for
that cause.
The mex, question to be decided
was, is the prisoner entitled to a dis
charge from his Imprisonment, un.
der the warrant of commitment 1c,th-
ont oaths 1t mast be borne in mind,
that the warrant Of arrest was upon
oath; the warrant ofcommitment not
upon oath: and although the prison.
or had been frequently remauded to
Jail, he had never been re.cOmmitted:
hut stood confined al the time Of try
lux the habras corpus OH The mittlmus
zp,. hont oath. The 4th article IT the
amendments to the constitution OF the
lifted States. RUS thus: The right
Of the people to be secure in their
persons, houses. papers, and effects,
auainsi unrcsson able searches and
q cures. shall not be violated; and
n, warran, shall issue but upon pro-
bsbie cause, sappurted by oath or at
firna,ion, and particu's /, describ'
lug the place to be searched. aad the
persons or things to be se,zed.'
The Bill of Rights of Virginia con-
tains this provision: That, general
warrants. whereby an officer OF mes
senger may be commanded to search
SUSPECTED places 1oithout eridence Of
a fact committed, or to seize any
person or persons not named, or
whose offence Is not particularly de.
scr,bed and supported By erideace, are