Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-06-28
MASON OF &c,
Drc1sroxs OF rHE GENERAL Counr.

~ ,lo lac session of the General Court the
fouo,yine points were lie -iied. l. is rot intended
IN s,o,e he arguments by which the court suppor-
red heir decisions, but merely abstract of
l. Joseph burgess, , On application for a Writ
VI Of Error 10 a judgment of
The Commonwealth. ) the circSit court of Prince
yVi,ia,L whereby the petitioner was sentenced TO
he bs,ged for theInIder of one Charles Golly horn.
Y The Indictment filled the whole Of a sheet
spaper and then was folded in another half sheet oil
6aper OF the same size, on which half sheet the n,
/torney endorsed Commonwealth ". Joseph
Biygsss-I Indictment :" and Immediately below,
in the hand writing ofthe foreman of the Grand ju
~ was endorced 50 Il true 6Hi-RObert TAMIL
tom Foreman ''-Al;ho' the said half sheet OF pa
per was blank, except the Endorsements and atho'
it was no Otherwise attached 10 the indictment
than being folded around it, yet the Indictment en-
Teloped bv IT, must be considered as the indictment
on Which the Grand-iury passed, and on which the
iury found their verdict II the objection was a
good one, vet it comes 100 late after verdict,
q d the motion 10 arrest the judgment cannot be
sustained
. The car'on Of an Indictment being &" T7i,--
giniu, Prince UiihGm County, to 1cH," Is SUM
Client, wihop, is being entitled of g the Supe-
rior Court of Lar for the County Of Prince
J!TIiam - nor is it necessary that the indictment
should on It's face shew the date when it was
found.
,. The prisoner moved the Court for new
trial on the ground that the facts Of the did rot
disclose tist high grade Of malice which is neces-
sary 70 constitute murder IN the first degree. The
Court overruled the mo;ion.--Ihe facts OF the case
as set or h in the ELL OF Exceptions were FOL
low About nine O'Clock of the morning or
which lie homicide was committed, the prisoner
and .ho deceased we're seen together in the streets
OF pur fries in an attitude to engage IN personal
coalic.. bl aefore any blow hey were separated
They 9th remained in town from that time
unil te;r cen ! and ociock OF the same day. bur
how emro eli Jill not appear; 10 tie latter nour
III. rito-e7 vas see, passing tavern the stree
aJpl 200 yards dissent from the spot here the
n rider va, commits ed, and on being accosted by
the witness, who was in the said tavern, he s,id
he had been much Injured by q man whose name he
knew not, who he'd kicked him in the face, aud the
wine, saw on the side Of tie prisoners nose "a
fresh wound from which the ska bod been abra-
dcd 10 the superficial extent ola four pence hall
penny, or 90. penn, piece.
The prisoner seemed angry, and said he was de-
te-nineI ok he man who had ,hls injured him
He then proceeded on about 30 yards farther to tie
house os butcher, and CALI v ont the vie oil ihe
butcher y 10 was then at dinner, told her that her
father (,vho was also concerned with her husband
in Ire rade of bucher) had sent lim o borrow
her ha4ba d. hu,cherns knife, which Size inme-
da'ely delivered 10 him. Tie sop where this
Id g
murder was committed Upon his return in about
five or six suites from the last mentioned shop
wish ihc knife in his hand as he Was repassing tie
Tave-, before mentioned, short conversation
toos place between him and he FIRST mentioned
witness. in " hch be reiterated bis determine ion
10 xiii the deceased, al warned against the ac
by the sit ess lie proceeded along the same
street about 800 yards far Ter, and Stopped at the
Ware Room o. a merchant, where sc asked tie
f.,4 fHa tf 81 II
sh rren lie butchers knife, declaring bis intention
TO kill the man who had injured him. About ~
yards from The Ware Room he turned into a cross
street and was heard denoincing loud threats oil
veng eance aganst the deceased, and declaring lls
intention TO kill him. At the further corner Of
the frs; square, after entering tie cross, street The
prisoner found The deceased o. the steps oil house
with his head hanging on his breast, and apparent
Nv asleep IIerouscd ne deceased by kicking him
and a. the deceased, who a. unarmel, and made
no attempt AZ resistance. rose, the prso ef said he
bad come to kill him. and as The licensed answ err
cd that 60 he reckoncd no man wanted 10 klil MN,
the prisoner thrust the butchers knife into the heart
of tbe deceased The deceased cried out q" you have
stabbed me-" and tho prisoner replied ilanr
you, If on don Z hush, ] VII put Tie knife mo
Won again" The deco scd walked bout 30 ards,
fell, snd expired. The prisoner Immediately going
INTO a shop where he had a bundle, took IL up, and
walked quietly out o Town o house abou Two
miles distant where he was dome-ticalel. 10 the
owner of his house be related the incidents. and
said he Ind siven the deceased his death wound,
and would keep out o. ihe way some days, uuul
he could ascertain wGeher o. not he was dead
The prisoner and the dcce sed were both laborers:
II was proved that the deceased turbulent,
man, and required hard lighter Nothing was said
ofthe character OF DE prisoner ltdd no appear that
they had ever been Ia. e,ber until the day preceding
the death when they SIS ere at cock fight; bat whe-
ther they had any association there did not appear.
Al the time Of The murder, The prisoner either did
not know or had forgotten the name Of Tie deceas-
ed" On this state offacts the General Court "
unanimously, and without hesitation decided thai