Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-07-11

he lad been engaged an lhs manufacture OF coI0Ials'
in the name and for the benefit of some oil las eh'-
dre,,, before MalepaI made him President ; and,
that since he was removed by NJ. he has returned
to preside over his children's cordial ds;ilery. His
impression and belief was that about 500 900 IN
bonds and notes had been issued by the Marble Co.
In all at the time OF his discharge, he knew
that $50 coo had been issued Ard from Wade 3
testimony it appeared, from the number and de-
nomination of plates which had been struck and
delivered to said Company, that any sum under L
million or more may have issued.
Messrs. Emmett and Price summed up AZ great
length on the part of Maepar, contending there
was no conspiracy proved, &c
Mr. Maxwell, in opposition, quoted Russell Ton
criminal aw) p. 1924 TO show that slight circum-
stances would authorize the inference OF conspira-
cy-it may also be collected from collateral cir
cums,ances. There a previous communica-
ton with the White Lead Company as to the bonds
sent forth as from that Company, though he be
lieved no such company exists-and as to the
Marble Co. he quoted the same book 10 show, that
what related to this Co. and the Franklin Co is
cumulative testimony.-He said not only the fraud
on the public was proved, but that on individuals.
Raggi, Rathbone, Chryser, and many Others, who
bore their loss in silence-ans he enlarged on the
enormty of setting siioat such bills and bonds, In
community doing business chiefly by means oil
| bills and paper Of this kind especially, when
| but when there is no such company, connection,
partnership or association whatever, in fact, as is
| put forth to the world and If 1t Is set on foot
! and carried on by an unknown Y irresponsible IN
dividual for his private speculation, to the IN
Jury, loss and destruction of well founded public
credit and the ruin of honest and industrious cili-
zens and sojourners among US from abroad.
During his summing up, the court interrupted MN
| for moment, when he was descantng on the
| enormity of unauthorized and unchartered or pre-
tended companies issuing notes, bonds, &c, as
! from real regularly chartered company and said
lest idea should get abb DAD, that any thing IS
| sued or done by chartered company Is lawful, 1t
thought proper to say, that II any such company
should undertake to issue any paper or do any act
or business not clearly authorised by It's charter,
| it would be no less liable TO indictment and pun
ishment as well as all concerned in such act, than
any association or individual without any charter
| at all. There is such thing as doing an 1HeSdt
act in a legal manner and legal act IN an illegal
MANNER and fraud and cheating, or palpable lmpo-
stion on the community will feel the heavy band
of the law, in whomever il Is proved. MIR. Max
well said he did not intend such an inference should
be drawn from any thing be said, as had struck the
mind OF the court-and he was well aware that
fraud and public imposition punishable in reg
ular and chartered bodies, well as in others and
he hoped the doctrine OF the court would be enior
ced IN all such cases
The charge of the court was full and explicit,
touching on all the points in the considering
any one acting in concert with Malepar; whether
as president secretary or servant and assistant in
any way to promote and forward the issuing
circulation of such paper, conspirators, combi-
ming with and aiding and abe,tng him whether
they entered into all his intentions not, foI ii
evident, that such paper could not be put
forth, false and yet so fair, without any provi-
sion for redeening it, without any simpleton being
able TO perceive that great imposition and loss
might happen o the community nay, that loss,
injury aud damage, more or less, must happen IN
consequence of it. If the jury were satisfied from
the testimony, that Malepar had combined or acted
togehe, with others, under whatever title name
they may have used TO carry and further this
extensive fraud, they would find him guilty-if not,
they would acquit him, The jury found him gail
ty.
On Saturday, in sentencing Malepar, the court
remarked that, iii order that persons, who should
have the hardihood, whether in companies sing
ly, aud assuming to be companies, chartered or
unchartered, to take advantage Of the STATE OF the
public circulating medium, or in any way, and pass
of such paper impostions in the community may
know, that the strong arm of the law will reach
them in its fullest strength, and what they have
to expect, the court should infiict the present
delinquent all the punishment that The law has
provided in such cases. Accordingly the sentence
already published was pronounced.