Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1826-12-05

Gcatfemen: writer in yourla Friday paper over
The signature CT AN Observer" has inads, some re-
marks on the of PTcDtlss Chubb which SAVIOR nj
Il'iberahty as IT regards the and Defendant and
are IN part incorrect IN point OF fact After stating
mat e opinion or the Judge OF the circuit court was
affirmed, Inc writer proceeds: "Subseuuenilv (,bo
count being changed by the absence OF Judge Dade
land tic presence of Judge Brock ,no,ion
was made uat the General Court should authorize
Judge Er"ckenbf"ugh, in consideration of the erro
henuS cohstIucon put by linn the statute and the
effect THIS construction might have had on the minds
""l NE jury, to award new trial at his discretion
'ih'S motion P'eraited, aud Judge b. is said Il,
have chang eG ms opinion, there no question Int st
''pnbic justice is to be ploclied by new trialn
The motion OF Mr. Chuhb's counsel did mol prevail
w hen the motion was made, and after hearing an ar
fent on ootl sides, the court retired To confer. On
their return the presiding Judge stated that the court
were unanimously of opinion that the motion of the
prIsouo counsel sonI be overruled but he fartlcg
said that proposition had been made in conferences
that the case should be reconsidered by the General
Court, and that majority of the had agreed 10
reconsider H. and that the should be continued
TIL lie next term Judge BroCkenbrough then obscr
we'd that he had been placed in delicate situation
iat he had given instruction to the Jury in tie cir
cut court which the defendant excepted to- that he had
adjourned IT 10 the General Court and a majority of
The court had declared the instruction TO be correct
though they had come 10 that result by applying rule
To The coistruco Of the statute which he had not an
Piled that the discussion of that day had induced one
OF the 'a'oFHy 10 change his opinion, or TO doubt the
correctness OF tie opinion, and that the Judge who was
81 dissatisfied, had moved for reconsideration: that nc
lounge hau NOT sat III Tic tie General
Court and would pot now sill if another OF the Judges
had not been compelled home: that as one OF
the majority wished 60 reconsider it. lie thought il his
duty TO unile with him and e minority and TO saw that
il should be reargucd and ieconsilcrc-I -, t ,,oy
! tenn.
You will readily perceive, gentlemen tat This IS
very dihcrcDt case from the which the Obscrverp
has stated The General Court did authorize the
Circuit Judge grant Mr.. Chubb new tial al his
discretion they have only said they will again hear This
ease IS there any IMPROPERLY in tIis coIIrseo In
criminal cases the General Court is the Cour OF cynje
resort Is IT not right that this should deliberate
and consider over and again the questions which
Affect the HberY of the citizen il is we'll known that
the court of appeals do frequently agree 10 rebear
cause which they have solcmnly decided OF this no
complaint has been made Is property of more value
/ thaa Hcri4R
| The ''Observer" tells us that il is szid that Tudo
Brockenbrough has changed his opinion. BIZ tato0t is
1t said? He did say when c agreed to reconsi
der it,. II is possible that he may have changed it,
cannot say whether he has But most certaiui,
his remarks on the late occasion did Justify such an
inference
From this loose on dit Tie observer has most
uHgenerousy drawn the unjustilabe conclusion that
There IS no question bnt that public justice is TO be
Knocked by trial" The writer viii probabI,
reract this opinion when he learns a new trial is
not awarded, and that the subject yet before tho
General Court: that that court viii again consider il
aud viii decide il according 10 their best Judgment not
regarding the hand the ability of defendants TO
fee great lawyers, the other, the pecvsh and
irritable structures OF newspaper censOrs. NJ
handle w. Smith The Of Dr. Pre- ton Brown oC
Louisville, Ken has been nsh in MS gh ncar ST. Louis
Missouri
We cannot publish IS Resident oi Powhatau"--ihc
many claims on our columns, rendering it impossible
ErrG1, in Col. Eowyct's memoir last. For War
raw settlement read Uaran schlemNt For Captain La