Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-12-08

case that there in the Judgment and pro-
ION, 'he Court was unanimous. except upon the last
point. On that point Judges Semple and May differed
from the rest OF the Court.
Inc U sSsi".s Adjourned case from the
B. Bartlett and j. G. vii. Superior Court Of Har-
iiam', Dcfi,'. ''s0"
writ IF seircfaeias was awarded by the Superior
Somrt OF Harrison, upon rccogniZsncc entered into
by the defendsn's. the 2s, of April. 1925 before
justice OF the Peace Of that County; and the same be-
ing executed the defendant Williams he entered hs
appearance caved oyer Of the recognize ,nce and de-
INJURED TO the seirefdeias. The condition Of the re-
cognzsnce was. that Bsr,leu should appear at the
next Superior Court Of Law for Harrison County 10 do
and receive what should then aad there he enoned ON
him by said Court; and, in the mean time. keep the
peace and be Of good behaviour towards the Common.
wealth and all its citizens, and especially tow ards John
Smith, his wife, children, and property"
The question arising upon the demurrer, grew of
the condition OF the tecoghnance. The judgment TO
he given the demurrer, depended upon the leg aty
or ileSaiity OF the conditions; and the opinion Of the
General Court was requested upon that point.
majority OF the Court was Of opinion, that JUS
ice OF The Peace, who takes ecognzance 10 keep the
peace has authority 10 bind the party app be
fore Superior Court OF Law that the condition of the
eeoen'zsnce requiring the appearance Of Bartlett be-
lore me superior Court, void; and that part Of the
condition being void, rendered the whole equally
The Court therefore, decided that the demurrer TO the
sac iIscias should be sustained
Judges Brockenbrough, Parker and Nav di.sented
from TINS Judgment; being Of opinion that Justice of
me rcace may take recognizance, In acase Of this
x"n eoh'oned Tor the appearance Of the party Ell
ther The county orihe Superior Court.
The Commonwealth , .a;o,rnsa ..so from, H., s,r..
John NJ Jones. d,kl, Court OF Lynchburg.
The defendant indicted or murder, and the Ju-
ry 'mpannei'rd for his trial. found him guilty Of
der in the FIRST degree. Afterwards, the defendant,
moved the Court Tor anew trial. upon the ground that
the verdict was not warranted by the evidence exhibit
ed 10 The Jury the trial; and tire Court over ed
the motion Thereupon, The defendant moved the
Court to spread the evidence on the record: the
tsfap nj
so a. to shew, as far the Judge could aided by his
recollection and notes, and the Of counse on both
SIDES what were the material facts proved in IN. case
me prisoners counsel expressed wish, that the evi.
dence should be stated from the mouths OF the witness.
e' ont no such statement having been written at the
time, the Court refused re-exsmne all the witness
es but said the Judge would make an accurate state
n"n Of all the facts he considered to he proved 20 the
jury before The verdict rendered; and such statement
was accordingly made, and spread upor the record
he length OF his statement makes it mprac to
insert II in this report The Judgment Of the Cour,
refusing new trial on the merits, afterwards set
aside and the Court with the assent of the prisoner
referred to tho General Court the following questions
Ought new trial TO be granted TO the prisoner, and
me verdict Of the jury set aside upon the statement OF
Ought the court 10 have re-examned the witnesses
alter The verdict rendered, TO state verbatim, what
.ney sa,d' and having declined 10 do this ough;
tria 10 be awarded for that cause?
Al another, and subsequen day Of the term the pri-
soner moved the court 10 set aside the verdict
Of objections to three OF the jurors for his trial
TO wit: Robert Wilkins Charles NJ Gillian and Alfred
Angle, who had been called bysiantI-rr: Each of
these persons had been answer estions be
lore he was impannelled wilkins said that he had
heard part of the evidence at the called court had ex
pressed some opinion as TO the probable result
nevertheless he could give the prisoner as fair trial
as " ne mad heard nothing, was conscious Of bias
prejudice to prevent it, After this staemen Mt the prison.
er elected To be tried by him. The pront upon the mo-
ton Tor new trial was by Charles / Jones that
ne nah heard wilkins say some time before the trial.
'hat he was at the called court and heard part of
the evidence, and if he on his inrv should
hang him; that wilkins is of good character
and did not speak if he had any personal pre.
JUDGE against Jones, but il he was in rea
ton TO the supposed truth OF what he had heard There
was also proof by witness, Roberts that he heard
The prisoners case, that if he was on the reni,e he
should hang the prisoner; and by another witness Will
iams that he had heard Wilkins say that he thou ght
When Charles NJ. Gillian sworn ne said he had
heard nothing OF the evidence against the prisoner
had heard his case talked Of through town by various
PERSONS but fild not know that Of them had heard
The evidence; he had expressed his opinion asotbers
had IN conversation had no bias prejudice on his
mno and thought that he could give the proner as fair
u"i as u he had heard nothing about his case The
prisoner elected to be tried ly him. The proof upon
e motion Tor anew trial was by witness, named Shoe
maker thsl he had heard Gillian saw he Thought from
the evidence he had heard that Jones TO be hung
had frequently heard him repeat the same scnrime NJ:
had conversation with him the day. and before The
Jury were mpsnne'led when he repeated the opinion
'hat Jones would be hung and he the iury ne
should he compelled from the evidence he had heard g.,
hang him. Witness told him he could not he ono nj
The jury az he had expressed his opnion and Gillian
seemed TO understand The Being cross-examined
he could not say hat Gillian said he had heard any mari
oil tie testimony does he know that he ever had:
| tut witness inferred that he bad. Gillian was a r.s
pectabIe man and deserved TO be credited on hi. oath
When Air Angle n. he said he had he ard
no evidence, but had heard various reports of what ~,
| The evidence; does not recoect from whom or know
that any Of tb m true; they were different in
ihemselve'; had expressed opinion of what womb he
the probable result in conversation with others had 10
impression, bias or prejudice his mind 10 prevent hi.
giving the prisoner fair trial. had preiudice against
the priEoDer or his hmily any way End thought h.
coud give him as lair trial il he had heard nothing
ahout The case. He was elected by the prisoner On
| the motion for trial the prisoner proved bv a
witness MIR. Johns Iat shortly after the homicide wac
committed, lac and the juror were in conversation
abont II. when Angle allowed the prisoner would he
hung; the witness allowed he would not A gaIlen Of
whskey was bet upon the event Angle said, il wit
ness knew as much as he did, he would not bet. He
was not lar of when prisoner killed Hamilton and
heard the evidence, as witness thought before the
quest Angle did not speak if he had any personal
prejudice against jones' does the witness think he
had Angle is respectable man, and deserves to be
credited on oath The juror (Aneie) teing present
was sworn and stated that he made the bet with the
witness as he mentioned; il a casual ting which
had escaped his recollection and he should never have
thought 10 demand the whiskey, nor does he suppose
The witness would He thought Of IT, al, or dur.
ing The tra had altogether escaped his mind until re.
minded oi by tie witness alter the trial; and he re-
peated that he neither the called court nor pre-
sent al any examination OF witnesses al any time res
peciihg the case, heard any statement Of the Ell
dence from any body that had heard so far as he
| before the trial.
The prisoner offered another witness, Martha Gil
liam, who said" was at Mr.. Angles house on the
day OF the called court Mr.. Angle returned home
] asked him hat done with Mr. Jone. He sa;d