The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1828-09-04

To the Editor Of the Argus dated Canandagua,
August 20.
Il The tinl of Bruce, Darrow and Turner on
| the indictment Tor kidnapping Morgan, will
come on this morning, the counsel for the peo-
pie aud for the defendants being Us ready as
the, ever viii be Mr. Mosey. the state con-.
missioner, and Messrs. Whiting aud Butler, are
the COUNSEL Tor the people aud Messls Marvin,
| s ihiey, Adams, aud u host Of other counsel for
the deicudant,. The ual will probably
cupy nil the week, and viii be highly interes-
ting"
irgu, correspondence continued
Canandaieua Thursday. Il O'Clock +. NJ Aug.
u.
! Mr.. Mosely moved the Trial Of the in
diciment against Eiuce, Turner and Ddnow
| Yesterday afternoon al 2. II Was resumed this
morning NJ 4 past 4. Nearly twenty Witnesses
have been examined IN chrl On 'he part 0f the
people. and this afternoon Edward Ghdnps
was offered, aud Objected 10 hy the dci,ndants'
counsel On the ground that GlddIngs ddnot eal=
teridt such religious opiniohs rs 10 render hiH
C0mpeitnt ritntS Ia support ni the objection,
one Dayij Morrison was f,St called, Who testl-
fled that he was inrin ately acquainted with Gid-
dmgs aud had known him smcr 1870, and b.
tween that and 1920, had frequent conversation
it'll HIM, ~ which he expressed the opinions
Hdihere wds no GOd-aoihi,ig spirhtal superior
! 10 matter, and that Hs eriicnce otd Eod 1oas con
tram 10 phiIo,0phg Morrison produced a letter
written to him by GiddneS, dated 2UIh April,
! 1927, containing such sentiments. Several
witnesses have been examined ON tins question
lly Tie people, aud defendants and NJ Mar. IA
il nov engaged IN arguing the question of d
instability 10 the court.
"9o'clock Z. M.-After full argument, the
court has decided unanimously that Glddmgs
comes within the rule which excludes witness
OF thr ground Of IuIiieity
| Turner aud Darrow will doubtless be nc
quilted. The testimony against Bruce Is very
strong.
! beSe trials excite great interest, aud for the
first time has there been clear and legal hi.to.
" of the abduction of Morgan
CoadndHigud, august %, 6 o'cIoct
The trn ofibe indictment aga'nst Bruce,
Darrow and Turner was resumed this morning
nj 8 o clock
The pleople having rested. the defendant
counsel concluded not To cali any witnesses.
They moved That Bruce he discharged on the
ground that this count had no jurisdiction OF the
.ofrncc-thai no act had been proved against
Bruce IN the county of Ontario--that # he was
concerned in the conspiracy 10 ahduci Morgan,
he acted in the county of Niagara, and could
only be tried in thai county, and not elsewhere
that the indictment charged n conspiracy II
kidnap Morgan from Ganand lsua, IN the coun-
" Of OnaIlo, and transport him 10 foreign parts
aud places, and that the prosecution had proved
the abduction, and therefore the conspiracy was
merged IN the consumnation OF its obleci-thl
there could nat be an indictment for couspira
, cy To d. an unlawful act The act hdring been
dopr the indictment must be for The act done
md mol for Hs conspiracy General Matthews
, aud MIR Griffin argued Il very ably for the de
, PENDANT, (Bucc.) AMI Mr. Whiting and MIR
, Butler argued in opposition he counsel iol
. the people contendcd that the indictment lay fol
, the ConspiraCy-thu the overt acts OF abduction
Q were proved IN aegrayation OF the rhence-iha
the giSt OF the indictment was the combination
, OF cJnttd,racg-that the conspiracy heing form
I ed to commit n miSdcmCGlor, the doctrine o
merger did not apply-lhat the acts Of Bruce ii
} Niagara county being in fur,herHnce of the oh
iects OF the conspiracy, he must be regarded a'
principal in the conspirHcy-that all ihe con
. sprators might he tried IN the county u
(which the first overt acl was done, In wit; wher,
? Morgan was first unlawfuly subjected to iheu
g power, aud where the conspiracy must has
$ been formed
The Court overrued the objection aud SAT-
the cause must go to the jury
The cause was summed up by Mr.. Adams, 10
, the defendant, (Bruoe,l and MIR. Mosely Tor tn
people aud WAS committed to the jury AT q
clock p. NJ. The court advised the jury, that
, from theevidenGe they were satisfied that Bruc
, acted in pursuance OF u conspiracy against Nor
, gan, previously entered into. and 10 which h
, was a party, they must find verdict OF guilty
aud if they believed that Bruce knew nothing o
the conspiracy. but FIRST kHeic Of the uansporta
r ton OF Morgan when he acted, then they woui'
l find him not guilty, because his acts would a
, mount TO an assault aud battery aud false I'M
prsonnent in the county Of Niagara, ior "hlc
he could not be convicted ia this county, unde
this indictment, which was lora conspiracy Il
, kianap. The court also advised the jury tina
they must be satisfied that Nor gan WAS IN tn
, carriage in which aud on which Bruce rode AM
I that Bruce knew it,, and IuIther. that Morgan
was there against his will. and that Bruce @Hs'
thar also.
Giddmgs having been rejected as a witness
/ there was no testimony against Turner aud i1af
, row, and under the direction of the court. an'
/ with the full consent OF the public prosecutor
l. they were acquitted.
Saturday, Aug. %. a. m
The jury returned a verdict OF guilty ngans
Bruce al II o clock last night
The evidence proved Bruce TO have rode witt
the carriage in which Morgan was transported
? from MolineuS's ON che lutse read, 70 ml1e