Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-07-13
VOL. XXYlI. NO. 10.

situton aud prosecu of III. suit, should be ,,,,
shew why they should not respectively aacheI
A. aud Tor contempt of Ccns, and Tor an abue Of H.,
process thereof in the insuiun and prose of tb
' IN The n-ne and in the pretended right of the sail
ny@ara as demandsnt well knowing the said Hoicard
hau oepsred lhs lie long before the suing out of The
p@ecps ia this cause. Willard was in Court WHEN
these rules were asked FOR. and flied his affidavit, AZ
iirming, that before the making up of e s,a i ,J
case, the death of H0,cdFd had besn pu in is.us in an,
other case, trial before the Superior Court am, ia
believed was then sujectof neral conversation and
enquiry; and the counsel employed Nv the ,en,n,s &c
,hs Case were the counsel engaged in the defence In
the case. in which HDtcdrdS death so nut in issue
The aih lav aiss stated, that he, Hard believed he
had sufficient legal title TO enable him to recover
bnt there is no suggestion in my part OF IT, that HUI
ara wa, in life when the suit was commenced.
In this state of the case, il adjourned TO the Gem
era Court, aud the opinion Of tina, Court requested n,
several points, the nature OF which will sufficiently an
pear by the decision thereupon.
June %. -SuWmers J. delivered the opinion of tho
Court by which II was decided,-
Let That ne pleadngs in the cause ought not to be
Get ASIDE and the tenants permitted plead in abse
FL. That the Court ought TO stay proceedings in the
cause unui the persons pro'ecut.g thi, suit shall
shew by proof, that the said HOtcord was 10 e a, the
commencement thereof
81. That benjamin Willard who in,,i,u,aJ ,h;
u'' ,u 20, wno'e oeneu recovery is sought therein
Judgement without fret showing that the dennanJao,
was living a, the cement thereof ol,houah ~
ss"i HWTd may shew evidence Of title % tho
land in controversy, and lie use hi. right derived fo
the demandlnt. ~
4'h Thai the Circuit Cour, ough, to award the ru,.
as applied Tor on the part ct tho ,cnsnt4 and make fur
per enquiry a. o The alleged coat mpt aud abuss of
h" process Of TIE Ccur': aid "
ON That unless III party, AT who's. instance ,ls
suit was comm need shall, within reasonable time al
yer rule gwen Tor that purpose produce proof the
demantani vas living, a, the Institution of the suit
The same be dismissed and the payment Of the costs OF
e smsnt' enforced by attachment against the spil
benjamin WWnrd, or The Attorney.
'"e0'' ana Others writ Of orror 70 ;r,nu,. :.
The Commonwealth. the Superior Court OF .augusta
This wa. pro erution against J,hn Jacobs. T..
~ Hsrris and John Djgges for uii.bebavionr in
their office. Of Justices of the Peace for Ia. county Of
Pe'son They indicted in The Superior Conr, of
ha, county but the was changed to the Suneror
Court OF AUGUSTA. conviction took place in tbs lat,
yer Court ani judgment was rendered against them
2r The hnes assessed by the Jury and also Augment
oil amotion from Office. writ of error was .reioior.
awarded; and, at this term, he case was arpued by
LetSN lot tH plaintiffs in error AMI The Tito neg Cen
ga. LOT the Commonwealth Many points were made
IN the argument; but the important end that aon
on winch thu Cpur, decided, was the n,uficiencv of
The indictment IL said thai II consisted of a lonr
dea OF circumstances from watch improperly of con-
duct might be inferred rather than direct cb,rpe of
o a1 misconduct The first Count recled. that
sherih OF Nelson, did, in November, 1920 nuali
ty as such, anI being about TO nominate crtai,
Pstson' as his deiuies proclamation was made, and
Atetn justices assembled upon The Bsnch; that the
sheT'h 'h'n nominated Richard H. Burbs AZ one OF
ms deputies; but, upon statement made to the Court
wa. t"s hai been guilty Of highly improper and
corrupt conduct while acting "a Deputy Sheriff of I'm.
heTsf, which statement cnrrohoratel by the admis
sion OF B"ks counsel that the fact charged was PROV
ed IN trial at law, the COur., after full elaboration bv
m9ority OF twelve 70 four rejected Burks deputy
and refused TO enter OF record that no wa, man &c
honesty, Probity, aud good demesnour;' the only
members OF the Court, who vote in favor of Kinks ~
deputy, being John Jacobs, Lee w Harris. nm. "
Digs, and John Digs. OF whom Jacobs was the bro
VI ,eroi .he H,gh Sher and the others relations
OF b"hS. The Coun after this recital Of facts then
proceeds that, nevertheless. the said Join, Jacobs 70
W. Harris, anil John Digges well kno,cinp The
aeniSes pun seeking AMI conirtoing, undcr the mere
coonr and preenc- OF h"ir offices, to carry into ef
fert t'eIr ocn private feelings anil pegs3naI rie,gs
without eny r@gird 10 the iHerest and welfare of the
people oil the county, the administration of usce
tneTein, did Combine anl associate 10 form ano,bsr
Court for the purpose Of admitting Binks to The oca
OF deputy. and on the following day without giving
any notice TO the Justices who were assembled on IN,
preceding day. that decentralization OF their decision
was contemplated, and without receiving snv new nv
lar r evidence, tending to excupate Turks formed
Court at an early hour OF the day, consisting of
themselves the said John Jacobs Lee ~ fryris and
John D'gges, and John 5fos5y aud Robert J. XII
cG,d, two other Justices. and by the said Court il wa.
ordered, (rbe said Jcco5s Harris and Digoes orJ,,
Young in the affirmalve) to be entered OF record that
B"Ths was man ct honesty, probity and COED demea-
nour' and B~s WAS tsreupou permitted 10 uutlifv as
Deputy, although the ssid Justice RiacaiR e,rnestIv
opposed the making OF the said ORDER az i'm oroncr and
mnbecoming and two other Justices, who were on the
Bench, when the proposition ,gas suggested ~
cotntebance the proceeding even by their presence
and immediately withdrew from the Bench The Count
men concude' that, therefore, the said Jacobs Ha-
otlce IA such justices Of the peace.
mere we're two other counts; bu. they did not supply
any insnincency OF the first Ff'
Neither count in the Indictment the Counsel far H.
Piainuns contendcd, charged any legal offence Whale
YER ne mere TACT of the PLANTING giving on ono
uay aueci'l7n different from that pronounced on pre
cedlng gay, by a larger Number of magistrates was
not in Itself offence. It was LEGAL and vaIiI ac,
ana was not improper, il they acted honssHv Al
the Indictment contained charge of cor,ipf motive
he omission OF this allie CATION was not suonied h.,
what said OF desire 10 carry into effect pyipgfe
JeeHngs and personal rietCS. A Justice uni,bt in
appointing to Office, crafty his private lettings and rro
mote his own view; and ye il woulI not nscesgariI,
follow that he acted corruptIy.
The omission # the scen'er is fatal defect. I,is
no where avered, that the plaintiffs bnep that BurEs
was not man Of honesty, &c The words ",ysu
knowing tbs premises" refer 10 what had transnreJ On
had passed on the previous day, and have entsr
laincd The opinion, that BWks was an honest man.
Ihere should he positive allie cation, that ,hey knev,
he was not honest.
Jtne 20 -BrOchenbrOueh J. delivered tls opinion
OF the Court. The omission Of the scfeufer nas cnI
ered ialal IL was such defect would have render
ed the Indictment bal on general demurrer: and ma
loIy OF the Court held that it not cucrI by tbs
= sn'e OF Zeoidiis Judges Summers, Daniel and
yiaV' di'ssn'ed from the latter opinion.
'0"%a "eOO' (wHt of erro- 10 iulsmer, orrb,
The Commonwealth, Superior Court Of .NottoDay.
On The 28i OF April 1927, presenlment was made
'gains' Wcbb, for the grinding add taking NJ f, a. ~
Nfl In the county Of Noffotcoy the sad Mil NOT he
ng estabhfhei by order Of Court and the provisions
" law. rule was made TO show cause, why leave
mould not be gwen TO file ihformaio,; and upon the
process ben1 returned executed, leave sccordng-