Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1829-06-23

prove'the intent with which tie watch was Car.
ried of, it being contended by the prisoner that
the watch was loaned by Elizabeth Bolton to hin;
the court declaring at the same time that what
ever might be the motive Of the prisoner for car
rying of the cloak, the jury could not coutic.
him on this indictment. unless they were satisfied
that the ,cdtch was taken with feioniotis intent
10 the opinion Of the Court, permitting an engui-
'ry as TO the prisoners conduct respecting tie
cloak, bill OF exceptions was filed.
The Jury found the prisoner guilty "of the lar
ceuy Aforesaid, in manner and form as in the in
dctment against him Ia alleged" and thew ascer-
tanned the term of his Imprisonment in the Pcni-
tertiary to be two years. Upon this verdict judg-
ment was given against the prisoner; and he APP
piled for writ of error TO that Judgment.
! Upon this cpplication, the case was argued 6y
Mr. Schmidt and Mr.. Michic for the petitioner
and by the Attorney General for the Common
wealth.. Inc application for the writ rested upon
two grounds: LIST, The opinion Of the court per
hitting evidence to be given Of the commission OF
another offence than that charged in the indict-
ment; and 2dly, The want Of finding by the iu-
~ in their verdict, that the goods s,oisn were OF
the value of ten dollars.
The General Court considered III . obiec h,
the verdict as not tenable. The prisoner was in
dicted OF Grand Larceny; the Jury found him gull
ty OF The larceny Of which he was indicted; and
they affixed 10 his crime, punishment which
could not be applied 10 petit larceny, but was an
appropriate one Tor Grand Larceny. The verdict
OF the jury was sufficient finding, that the prison
er was guilty of Grand Larceny. II would have
been surplussage to have added that the goods
stolen were upwards Of the value Of ten dollars
But the Court was Of opinion that upon well SET
tied principles, the evidence as TO the carving A.
way Of the cloak, was nadmissible. II was dis
nct charge which the prisoner was not called on
10 defend, which ne could not be pycpared 10 de
tend and which had no such necessary connection
with the transaction be fore the court "a 10 be in
separable from it. Upon the ground that this evil
dence ought not 10 have been admitted the iu,,g.
ment was reversed by the unanimous opinion OF
the court; the verdict set aside, and new trial q
warded.
"Proscripfion.-We hear greatcry about H.,
proscrptive removals by the present AdminSstra.
ton. What shall we say Of the other side of the
picture! What moderation have the Coalition Par
~ displayed in certain States where thew have
had the sway:--In Maine, in Massachusetts. in
Delaware, in Maryland, &c.i-The last Frele-
rickstown Citizen gives list of 81 officers who
were removed in that county alone, by the Coali.
ton, from their accession to power TO their desc
luton at Washington. But it is TO be recoliected =.
that this same party sways the destinies of Marv-
land. The removes are the county officers, ius-
tees oil the Peace, trustees of the poor and az
many as 81 constables With what grace the Co
alition party in Maryland can complain of the re-
movals at Washington, il is difficult TO discover.
The member, of the Bar Of BERKELEY q. tribute 10 ~,
memory Of their late highly gifted brother ard
Nose. Hunter Esq reoved wear crane upon
a y. .sn sI@ !Ss .nm,y d.y.. Eyss Press.