Virginia free press & farmers' repository. [volume] (Charlestown, Va. [W. Va.]) 1827-1832, 1830-12-08

Prom the Cineianssi American.
INTERESTING LAW CASE

State ii Ohio rs. John 4. Chapman, for Pkssvnr.
R,cn,nD =. Nmr.rl,, Prosecutor.
This was an indictment against John
l.. Chapman. Tor PERJURY. tried last
week at the Court Of Common Pleas
aud General Sessions Tor Hamilton
covhty, NOW in session in this CITY,
The circumstances Of the case were rs
iollows: IL August last, Chapman
made (ahat il usually termed) u run
away match" with the daughter Of
Wbeatly. Whea,ly is a member oi
the Bar, and re sides in Louisville. Ken.
lucky. His daughter " as OH visit to
a firnd in Kentucky. about five miles
from this city, where Chapman visited
her, and induced her to come 10 this
city and get married. Chapman WAS
a student vi medicine. The statute oi.
this State requires, (where the consent
OF the parents is not givcn,) .bat the
young lady must be 10 years Of age
before she can marry. Ii is also ne
cessary get a license from the clerk
of the court. In obtaining marriage
license, Chapman swore to the best "
his knoriedgs and belief that his intend
ed wife was Orer eighteen years Of are
and a resident Of Hamilton county. On
this affidavit, Wheatly, the father of
The young lady. commenced u proseou-
ton against Chapman, for perjury
This extraordinary and unnatural pro-
ceeding. Chat Of father prosecuting
his own soninlaw TOR perjury,) excl
ted great interest in the public mind,
and produccd very general Indignation
against the Prosecutor. The daughter,
who Is quite pretty. and engaging in
her manners, exhibited the deepest
distress at this unlock ed for event, snd
at the examination before the Mayor.
clung with streaming eyes and all the
iondness of a devoted and afiec tionate
wife. To the neck Of her husband, pro-
testing his innocence and the shame
less cruelty Of her father. The scene
was enough TO have melted any heart
but that If the relentless father.
The affidavit, before spoken Of, pur.
ported to have been made before the
Clerk OF the Court. and signed 6y him.
whereas it was in truth made before
the Deputy Clerk, but whose name did
not appear. The deputy Clerk had
legal authority to administer the oath,
but It was conten,led by Defendants
Counsel that the Deputy's name should
have appeared. Various legal objec-
tons we're taken by defendants cOun-
sci to the indictment. which were re.
served by the Court for considerations
1t was positive ely proved on the part
OF the State, that the young lady was
but II years Of age, had resided in
Kentucky previously to the day of her
marriage, aud that she had a snug pro.
perty of her own held in trust by a
friend. 1t was also proved that she
had stated IN presence OF defendant
that she was but - years of age, but
the conversation was Of a joking cha
racter among some young ladies who
were talking Of '.oId maids"
1t was proved, on the part Of the dc
PENDANT. that the young lady had sta
ted IN presence Of defendant, she vas
over IL years Of age, and that when
the officer went to arrest Defendant "a
few hours after the marriagc) she ex-
claimed $50 soon as the cause was
made KNOWN :" IL was not his fault, but
mine" Ii was also proved that her
appearance indicated her TO be at least
Ia or ID years Of age. II was further
proved, that the defendant, at the time
oi taking the oath, stated to the Depu.
ty Clerk that the young lady had for
merly resided in Kentucky, and had
just then arrived in the city. IL was
further proved, that the prosecutor had
made a proposition To defendant, that
if he would make over' his wile's pro-
perty To him, (Wheatly,) the prosecu.
ton should be dismissed. IL also came
out in evidence. that Wheaily had
said. on being urged by the officer not
to proceed with the case, because. If
successful, il would only destroy the
happiness Of his daughter, send his
own sOn-iD law 10 the pcBitentiafy.
where she would undoubtedly follow
him. &c.-that on this, Wheatly re.
marked, he ''did not care if she went
to hell, so that tie could punish Chap
mani
IL was alleged by Whesily. that
hts object was to send Chapman Ia the
Peniientiary, and then get him divorc-
ed from his daughter, as that would
furnish legal cause for divorce.
Wheatly also alleged that Chapman's
character was bad, bat this did not
appear on the trial, from any other
source. Chapman IS handsome, gen.
tecl looking man, and belongs TO re.
spectacle family IN Virginia. The tri
al occupied a whole day. On this state
OF facts. defendants counsel proposed
to submit tie case to the Jury without
argument. THIS was declined by the
counsel for tho state. aud Mr. Starr
addressed the jury. The defendants