The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-05-09

material part of The charge. Janl NM.
proved. But as they had charr,.d ,h.i ~
selves with the loans. In The baoLs - !,
BANK, nc the time when they were ,aLar '
and had then prospect If b..,ns NJ,
10 repay principal and interest, II .nn.s.'e
that they did then intend To rena y ST. So
pal and interest AT least there WAS nn,h:
TO prove the contrary and ,be;r s,,hs
quent disappointment, by the r,;lns.' se
.heir speculation, aud their conseouent.,U
10, could mol convert that into a crime VIII.
was notone at the time doing it.t lie ~
40 notice OF the breae! oftrusf, e,nrrs. WI y
ia'ion oil duty,or the false pretenc.s. vi,
accompanied the doing ofiaose act. & ''' a
means OF Which, Indeed, they were rlIer,.J3
| and 50 10 the false entries In the bools Gu Gu
TO the false statements which th,s. 80 a''o
resorted afterwards, for the purpose or c .o.'
cealment, he said that they could NIL .on-
difference IN the case since the act w,s,,.i
Judgedof BY The views aud intention. ,.';'I
whiehIt was originally done, aud mi Ly "''i
thing that happened afterwards. ''!
OF the S3i 900 taken by those n....
from the Bank, under pretence of j, nj
ot Stock, which they neither made nr "a -.
II IN Their power to make, and at - ,;n ,'u
when they knew that they were INT, .'.ie
and lrrctreivably ruined, aud con,emn .'e,!
that they were wholly unable ~ ' .y
principal or interest, he took NO 10y
Whatever. "'eee
lie therefore pronounced again. tb,.;.
the opinion Of himself and Judce WA "a
which was the opinion of the court ,hb'
traversers were not guilty :" in law or !,
Fact" A sentence OF acquittal was acror
dinghy entered
George Williams, who was ipelndea :
the same Indictment, but had not been mn,
on his trial, because he was sick and ab,rn,
when the trial commenced, was tbrn az
| quilted as a matter ofcourse for :, sn.,,.
/ person Cannot be guilty of conspiracy
indeed the coansel for the prosecution inol,
occasion 10 declare, that his case had b.nn
viewed by them from the first, in = nnoh
more favorable tight than that of the ol,...
two trarersers, and it is therefore hill,
probable that had he been pnt into hi, ~ ~
al with them he would have been s,,;sc'',
torhy acquitted.
There is a popularity in these tr;.ls
which requires explanation. There i
Raw OF the state passed mine or ten y.ars
ago, by which persons indicated Far
any cnme Whatever, may on the plea nj
moi guilty, submit the cause 10 the cou,
instead ot the jury. The court chen
proceeds To try the cause on the e,;.
denrr. as jury would do except that il
decides by majority, instead of reoui,ino
nnammlty as in ease of Jury trials. This
| law had hitherto been confined in praetic,
to petty offences such as assaults. mi.
sancts, obstructmg highways, &c. Nost
people have becen Under the impression
that IT Was so confined in its terms. II il.
however, general; and these persons avail
I'd 'hemseI'e Gift, toescape from Jury to
the court,
II is probable that there viii be fpD
report OF this aud the other cases with he
evidence delivered ia each. A repo,,e-
was employed, TO take down IN short hand
the evidence and arguments but for rea-
sons Which have not been explained, he
disappeared wheE theevidence in tn. first
case was finished, and has got been seen
here since. The notes of the counsel
however, and the written documents. with
! the opinions of the Judges, it is believed
viii supply all the necessary materials fera
full report.