Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-09-05

Cansndai qua. Friday, Aug -, d o clock.
LIE trial oil the indictment against Bruce, OAR
row and Turner, was resumed this morning at 8,
O'Clock. ~
The people having rested, the defendants coun-
sci concluded not to call any witnesses. They NOV
cd that Bruce be discharged, on the ground that
this court had not jurisdiction of the oflencethat
no act had been proved against Bruce in the coun-
ty OF Ontaro-that il he was concerned in tho con-
spiracy 10 abduct Morgan, he acted in the county
oil Niagara, and could only be tried in that county
and not elsewhere-that the indictment charged
! conspiracy TO kidnap Morgan from Canandaigua,
IN the County OF Ontario, and transport him To-
reign parts and places aud that the prosecution had
proved the abduction and there fore the conspiracy
was merged in the contamination of its object that
there could not he an indictment Tor a conspiracy
to DO an unlawful act, the act having been done:
the Indictment must be for the act done, and not
}er the conspiracy. General Matthews and Mr.
Griffin argued 1t very ably for the defendant
(Bruce) and Mr.. Whiting and Mr.. Butler argued
IN opposition. The council for the people contend
ed that the indictment lay for the conspiracy-hat
the overt acts of abduction were proved in agsraya-
lion OF the oience-that the gist Of the indictment
was the combination or confcderacv-that the
conspiracy being formed to commit Il nisdemeanor,
ihe doctrine OF merger did not apply that the acts
oi Bruce IN Niagara county eng in ut GRANGE OF
the OBJECTS oil the conspr acy, he must be regarded
as a principal in the. conspiracy-that all the
spirators might be tried in the county in which the
hrst overt act was done, TO wit, where Morgan
was hrst unlawtully subjected to their power, aud
where the conspiracy must have been formed
The court overruled the objection, and said the
cause must go TO the Jury
The cause was summed UP by Mr. Adams
Tor the defendant, (Brucc} and Mr.. Mosey for
the people, and was committed TO the jury at 8 o.
clock, Z. nj. The court advised the jury, that
II from the evidence they were satisfied that Bruce
acted IN pursuance ola conspiracy against Nor
gan, previously entered into, and to which he
was party, they must find a verdict of guilty;
and 1t they believed that Bruce knew nothing
oil the conspiracy, but first kne,p OF the transpor
taton OF Morgan when he acted, then they would
ind him rot guilty, because his acts would amount
TO an assault and battery and false imprisonment
in the county Of Niagara, for which he could not
De convicted IN TINS county, under this Indictment
which was for conspiracy TO kidnap. The court
also advised the Jury, that hey must be satisfied
that Morgan was in the carriage in which, and OH
which Bruce rode, and that Bruce kne,c il, and
further, that Morgan there against his will
| and that Bruce hnetD that also.
Giddings having been rejected as witness there
was no testimony against Turner and barrow, and
under he direction OF the court and with the full
consent OF the public prosecutor they were &C.
quilted
Saturday, Aug %, a. m.
| The Jury returned a verdic. OF guilty against
Bruce, at IL O. clock last night.
| The evidence proved Bruce to have rode with
the carriage in which Morgan was transported,
oil Lewiston, TO Lewiston, and from thence to For;
Niagara; all within the county OF Niagara. Bruce
procured the horses for the exchange at Aloli-
neux's, and procured hack and horses at Lewis
ton and the passengers Who came in the Carriage
from the east were exchanged in back street
into The carriage which Bruce procured at Lew
iston. Bruce ct Moineuxs with the carriage
at IL o'clock on the night OF the 18th September
lie was at Lewiston at 2 o'clock same night, and
started from Lewiston about that hour towards the
Fort,
Morgan was proved to be confined in the maya
zine on the morning Of the 18th Cue witness
heard voice OF u man in the magazine that morn
ing at III O'Clock. No person lived in or occupied
any part oil the Fort at that time. 1t had been clos
ed since June, 1926. Giddings had the key OF the
magazine on The I4th September. The yfsiess
who testified TO the voice in the magazine went
into the yard OF the Fort with Giddings, and Gid
dings went TO the magazine, opened il, and the
witness heard the noise; thinking that there was
something wrong, he turned away frosn the maya
zine and walked off from the Fora as fast us he
could He was a brohvr-in law of Giddings on
visit at the time, and is an intelligent young
man, OF the name of John Jackson, residing al
Lockpor
TWAS remarkable that Bruce called no witness
es to explain his conduct, or in any manner to ex-
culpate himself.