Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1827-12-04

i excited e
Die interest, they submitted to public consider.
liion. They as follow.
Fss coH'a.0nsrssi,h,
! the defendant was presented for unlawful gam
! ing a, q private house. by winning than $40
in iwsniy-four nous, ,ha, il 10 say, for winning
| $50 in the saj time During toe trial, the couf,
on motion o. the Attorney for the commonv eAi,h.
Instructed the jury, "ths, If they should be of
opinion that the Defendant dill win mere than $50
IN ,wen'y-iour hours. 10 wit, the sum of $50, at
The Place stated in tho pIestntment. then il wa-
imma;ersl Mh-ther the defendant won. the said
sum OF money of one person, or several persons,
and that If tie defendant wen the money fron,
! several, though not more than $50 from any one.
he comes within the Sh section of the act made
20 prevent unlawful gsining.' TO this opinion.
IN exception was taken by The defendant Tie
tde'endapts counsel then claimed the privileee OF
arguing heiore ihe jary, that the law as different
from hat II had been declared TO he by The court
| or The General Court. ard the Attorney for The
commonwealth insisting that the defendant conn
sci had no rig t to take that ground in their ar
euiueni before the jury in case Of misdemesnoi:
the court adjourned To ileGeneral Count this u,s,-
tion, %" whether connse could legally argue against
The opinion o! The court in like The pre.eu,
OF IN airy hisdemesnor case:''
After comforting the subject. the General
Court decided, 90 that counsel caBno, legally argue
against the opinion ofthe court, in case like In.
present, or in any nisaemesnor case.''
The reasons Tor this opinion PRONOUNCED in
court, by Summers ]. Two of the Judges. pame
Is, Broc.tsn5rongh s Semp7e Gissen;ed from the
opinion.
The other case was as fellows:
Ha.r.ssn "O'd lonr Writ Of Error 10 \, judsrs
TAs tos.mon4sasa. insham. o'''' u '''sA-
The plsinnf III error was presented for playins.
al cards at Tavern. AT the trial, the only ey,-
lcnce was tina; OF single witness, who wasnot
attempted TO be impeachsd. The court, {being of
opinion That II was riain case; that tho evidence
OF the witness was clear snd distinct; that if The
jury believed the witness, the law clear and II
hey did nc, believe him, the law was equally
clear and that the testimony could not b. varied
by argumen,) stopped the counsel and would not
allow an argument on the case. The Defendants.
counsel excepted TO the opinion, snl verdict anil
Judgment We're rendered Tor tie 6ne AID costs
al The General; cou, In June 1926, writ of error.
was awarded, and II cane on now for ,,.cisn,,.
B'Es!din J. aes stating the case delivered the fol
lowing as The opinion of majority of The cour, -
lionr OF The Judges, namely, Broch,enb,ourI.
Sam ,,' SsnLP'e and fie.e. dissenting.
=" ihs only Question in the case is, whether In.
court erred, IN refusing allow the cause to be-
argued. II there be eior in that refusal, il is he
cause the party has the hight 10 have speerb
made IN his cause, whether there be a roint of
'.w' or contested i"ct In the case ,sor nor. We
| deem II qiite clear that in every case reasuoabv
susceptible OF argumsnt, the expediency of a ais-
cusson ought To be len TO The Counsel however
hopeieSs The Judge may think The task; but IL Il
equally clear that the time of the court nsb mo,
10 ne taken up in hearing speeches in cases ike
'he present IL is rare, indeed, that such race.
occur, but when they do il is both the ripht .nl
auty OF the court in the exercise OF its sunerf, =
tending power over the proce edines in cou,, 70
| eoh"oi the'n az was doae in this case. grta,
proportion OF The business OF the circui, courls
IS unne without argument, and is not suscen,ihr.
OF ~ and " lille II is The duty Of the ,,ye n psy
dne regard 10 lie situation of counsel who ara
i'Sed by Their clients make ffuiless ,tions
be would be'ray hi, trust, If he carried IL 10 =
iehs'h that would clog the administration OF ms.
tice.'' -
On the las; day OF the term. mr. Le;oL mr.,
ed the court 10 set aside the two last msntion.i
judgments and 10 continue the cases to the next
| term; expressing hope that the court wuulle
RECONSIDER ih'in and hear arguments on oue..e M
| 20 interesting to the public He was suuoort.I
| in his application by the Attorney General, .,,t
tae court very readily arceied 10 th~ir w.les.
and requested the bar 10 argue the questions a,
! he next term.
Many Interesting stIices ave crowded out 10.
day. The news rom England j. down tn ,l,.
@%i oct he iEsnlTec,ion in Spain seems .tst
ING. Interesting news is expected from Turkey
Ere E'slish and French Adnir ais a, The head ot
~ vessel. OF ~as are biockading in Navarjna a.
| bout 100 Turkish vessels, ,rsnSpor,s s. yvi,,
5000 troops jns' from Egyp. WAC were about,
sHacR tn" u eciin OF. The Turkish commander
mad pledged himself rs make no afark until b.
heAId ON the Pore. The all ell sd:nirals bsI
told him oil The consequences OF going IN
MIR. Conway, TIE amiable DELEGATE of the Az.
kansas h. been killed in a duel by the See,.tafy
TO The Territory Mr.. Crab o,n the able a.sis,a,t
hsiitoI OF the -. r. quirer, bs. also fallen IN
duel with Mr.. Barton, the son Of DR.. Bar,on ~
fhimeIphia' on account of some quarrel al a
card table = II is doubtful yet which is elcct.a
rom kentacky; Chiffon Cslhoou :
~ W shail null room, niue Of few days
MEND Ctyis. "' ''s"' -
MaHHf asiurss After NE meeting which wa. held inf,
'o" on lhe lOh Instant tor he
expectancy OF establishing Manufactures At tie Fa. y, ~
APP snnock, seven suhscpiioH were JepDt.d
the dfsf~nt Epmmitses We h.ye within IL ~ iass 49,
r's'aFy T. cHfy the schrue Trcf With th ,ct ls
and wis1 We call TO Iind the extensive aud
ieuans on tbs town for nifkei, ,iefoe der1,tv
si"th ga IL welfare. there's room 10 doubt N a
"i Hvt Wholesome establishment will be brought u.,I
IA op' F-'ion &c ms. que is pyenier pas gu csfs
lErsdeTfess5Erg srtnG, Nov. So
We nnhlih thevery witty Letter VI Chri,tops,r ),,ry
~ ths edetal Election, which has bean nue, and
ay A'ned We are happy IL under,ianJ, however t6s
rI re no" lew PDlhtCilGs left, exactly friend
dATy dsnoa There cely M u,i al, =, his ,
p'ap's would have 10 is day hut u wiser "a
ni'"; Solon declared sglu then ny law OF H..
sa'i' a. well - by honesty Wit IL il res,v ~ NJ
- pamphlet f"fm by Mr. Thoms, White sf tn, div
We recommend TO gentlemen, who wish make scognt-
'" Pe. I" th-t friends the country, send them
e"r. At ~ eme for low spfi tits tie current ..r
90, IL 'm The pru which his oempo,s tho.s ya
'he Lecture Female E.iucaiinn, which Mr. W,;,e T.
-bot 10, ~ ho'shp hut conf inists we uude
stS"h tf IL IS MT tb~ sniof were 10 g,,
D ne n'sr we should hsye lhde hesitation in laying os
hnsff upon seat enan, yatis from tile Capitol
"".e "piafy ataInmgns bage frequently delighted he