Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-07-28

the Board Public Nos, anu geoIsi known
here Of Intelligence, and Of great rmness and
will be received with entire satisfaction by those more
Immediately interested in the work, and we have
doubt bur that the Commonwealth will find him Of
her most faithful and interchangeable agents 10.
CIRCUIT COURT OF THE U. STATES
wAsuISGroN COUNTY.
The United States. VS.. dan Royal.
The defendant has demurred to the frs, and third
counts OF this indictment.
The brst count charges
That Ann Royal, late Of the County aforesaid. wi
dow. being an evil disposed person. and common Sian
deT1 ana dSturoer OF the peace and happiness Of her
quiet and honest neghbors ON the Let June 1922 and
on dlyers days and times, well before as aerw ards,
was and yet Ia common sdadercr OF the good people
oil the neghhorhood in which the said Ann resides mot
where she then and there resded il o. at the County
aforesaid And the said Ann Royal the lat Of June
in the year aforesaid and divers other days and times
as we'll before GftytcGrds at the County aforesaid,
in the open and public streets, in the City of Washing
ton, in tho County aforesaid in the presence and boar
ing OF divers good citizens othe said County did false
~ and maoiouSy ssassder ds3 abuse dirers good ria
OF the said County, 20 the nuisance Of
good citizens OF tho United States residing within the
County aforesaid, 70 tho evil example OF all others in
like cases Offending and agans, the peace and govern
men Of the United States"
DEMURRER
Tho "a count charges her with being a common
seold TO which she pleaded not guilty.
The Sd count commences like the Graf, and state.
that on the lst June, 1922 Sc. she and yet
common troictcT and sowor oil dseord among her no
nest and quiet neigh bors; aud LIST June &c at &c
in the open and public Of the City OF Washing
ton, in the County aforesaid did annoy and disturb the
good people OF the United States residing in the Coun.
~ aforesaid, by her open and public brawng and pub
lie SANDERS to tue common nuisance OF the good CHI
zens OF the United States residing within tho County
aforesaid, to the evil example, 60
The first and third counts OF this indictment seen
to us TO bs clearly bad because they want that techn
cal description which Ia necessary 70 charge the
dant scold Barretor which are the onl,
indictabie offences OF this class
Thus, in the case OF The King vs. Margaret Coop
er
She indicted for being a common and turbu
lent 1rdWle, and OF discord among her quiet an
honest neighbors, that she hath stirred moved ant
melted divers strife, controversies quarres and dis
putes, amongst His Majestys lego people, contra pa
GEM" &c.
Il" L, was moved in arrest Of judgment that the ehara
was too general, and did not amount to being either
barretor common scold, which the only instance
IN which general charge will DO sufficient II wa
likewise objected that if the words did amount 10 de
scripton OF scold yet il should be laid al coRIaui
nocunentIm OF her neighbors, for every degree @
| scolding is not indietable
And the Court was os opinion (sbsente CHI. ~ tina
the Judgment ought to be arrested both exceptions
Of The cords here used the technical tcoyds
and il must be laid TO be the common nuisance"
So also i'll the case Of Rec Hordtcieks, 1 Lid ESQ
IT." CoolnluRtS piesnoyuIn snorum oppreSSor" wa
adudged bad; because the word oppressor was uncer
tain, aud that in such indictments the word Borrec
tdt0r ought to be used ichich q tcord of art
and all other judges agreed that the indictment i
not good without the word BdTrectator;" and thei
great reason was that all the preceien,s are So AM
That Bdrfectot01" is word of in such case
But they said, that the finding him TO be common op
preston OF his neighbors had been good evidence
find him guilty oil Barre,y-and therefore, they boun
him to his good behaviour"
! So in the case Of Reg Taylor, 2 Str. 6IJ:
An indictment was quash"d for gencrality--ben,
calttnhdr61 ct cotonunD c. ttrbieate pdcis pcrtur
o1riE de htes 'iros ct pugnas moUit ct ncitapit,
quenddni Josephuni -dfherton oertis, -tneliis
! Opprobriis G61tsd fua ia d0mo ipsius. J. A."
So in Roll Alb indictment: Defamator &" oonoruE
noli"is ct fang is not good, without showing som
particular matter. So, "dtJdn,ator, cerator ct op
pressor ns,titoTunI homi. k,a'' common yorestaNeF
&c common thief" so, Also common distuy5er o
the peace Of the 'tord the KING, and THAT he ,njtst
ercfed and procured Diners suits, and diseor. vel
between his neighbors between divers iegs
OF the lord the King at in the County aforesaid, {,
oresald and Of the other subjects the lord the int
/ in the County aforesaid"
SO also in the case OF The Queen ForbY-S Mod
! IL Judgment was arrested, because 1t was that ST.
was conimunis calunindtrip, which IL not tho Lati
word for scold, but Rirdtyir
All these have been decided 10 be indictabls of
| fences.
Upon the authority OF these cases we think that IN
Judgment upon the first and third Of this inc,
| meut must be for the Defendant.