Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-11-26

nus oeeh ncu 10 DC sulccnt cause to set aside the
verdict In Coke Foster aud blackstone. IL is said
that after the jury s,corn and charged 10Th tn
prisoner, and aer evidence has been giren the jur,
sannot DC discharged or separated In Brrs trial, Il
oeinS impracicable to impannel jury the first day
lour were sworn; aud the question being made whethe
they should be confined, the court held that IL un
Necessary weare not disposed to increase the rigou
which has prevailed upon this subject.
Its proper TO adj that while majority of the udge
decided this part of the upon the distinction above
taken between a separation before and separation af
Ter, the evidence has been introduced there other
who, neither affirming denying the correctness o.
the principle adopted by the majority placed their de-
eisoh on the ground, that the possibility OF any amper-
ing with tho jury, under the circumstances OF this
was too remote to call for trial.
The petition for writ of was, therefore, re-
jcc,ed
.Absent SasrtJ
Samuel d. Spencer, Petition for wr, of error 10
The Commonwealth. OF Boteiourt.
The indictment against the petitioner contained two
counts; and he was convicted under the second That
count charged that the 10th day Of March 1890 The
petitioner did falsely make, forge aud counterfeit and
did cause and procure 10 DO falsely made forged ait.
counterteed, and did willingly all and assist in falsely
making, forging and couRtereiting, note pIrportiuy TO
be bank note OF the Fariaers' Bank OF Virginia for
the payment OF ten dollars, with intention TO njure and
deiraud the President, Directors & Company of the
arners Bank OF Virginia. The jury ascertancd the
prisoner term oil imprisonment in the Penentary 10 be
ten years; and sentence was pronounced accordingly
on Inc trial, the prisoner filed three bills Of ex-
eeP"ohs me USf bill states that the attorney tor
commonwealth proved that the prisoner was In the
month OF November 1929, in tie county of Bote.
toHf, In company with Geeen u. Lelcdllea al a public
mousse, and that the prisoner represented himself as
oc'or laws hog -drover, from RentckV and offer
ed to shave 500 United States note but did no, she
H. ana paid Tor repairing his watch in COOL money s7 -2
eehs) and enquired the way TO the Big Lick. in said
county; hat he was seen the second dav of March
court, 1880, at public hoase with one Epps in said
county, and the prisoner represented himself as Doc
tor Ddpis, from Tennessee who said he was poinp 10
"A that,
to apprehcnd him for forgery and ne was pursued until
the witness supposed he had left the coniy that about
Twelve or hiteen DAYS after, the prisoner passing
rougn the town oil Fincdstle, in said county, horse
pack thathe was arrested and taken from his horse and
on MS sadde-oags being examined there found in
mem hiry-ye hundred ana odd dollars In counterfeit
money hcung the notes for the forgery of which he
was indicted, a number OF plates from one of which
the ten dollar in the indictment mentioned and ma
ny oiners oil the same denomination, obviously
sTuck, (out there was no plate for 500 found in
MS two caners of ink one of " hch az not
full, blank papers about the size of bank note ono Of
wh,ch mad Sigh impression of bank it, part
OIL the notes were imperfect some of them unsigned Others
completed, some erased, five dollar United States note
WIN me engraving in part erased and the signatures
leHa Szo United States note plate plate with brokers
ihaiks engraved on 1t, and notes with brokers'
marks on them obviously made from the plate; prisoner
had some good money with him. When lac was exam
ined, he represented that ha stopped at a house in
tdmpoeH county, and went to the stable 10 find his
morse when he pulled down q bundle of fodder tbst
me notes fell out and he took them the master OF the
m. he
ricd them 10 Ph.adelphia and back with him. be ~.
the ink to be backing; there was no evidence
at he had been out OF the county from the time he was
seen IN November and there was no evidence that he
resided IN said county, or that he was aver in tI,a
county except the times above stated; prisoner provcJ
hat witness, introduced by him, had in the month of
Ocooer 1879, moved the mother of the prisoner from
Franklin county, Virgna to the State of Rentuckv.
prisoner went with witness Kentucky where thew met
WIN LetouHe'i; witness returned in December but
does not know when prisoner returned prisoner intro
he .d
notes made on bank in e'ard and they used press
Weighing about 500 pounds; and this all the evil
uehce IN me case. Whereupon, the attorney for the
commonwealth moved the court to instruct the urv ,at
he circumstances above set forth, proper evl nee
is the jury and were Prina Jacie evidence that the
forgery was committed in the county of Bofefouf
proper for their consideration. The court gave the In
struction; and the prisoner excepted to the opinion
The second bill Of exceptions states that the counsel
Tor the prisoner, moved the TO instruct the ry
mat they are no, satisfied from the evidence that the
prisoner did falsely make, forge and counterfeit or did
cause ana procure TO be falsely made forged and coun
teriched or did willingly aid and assist being
az le forgery oil the two notes. OF them, in the
Indictment mentioned they ought to find verdict for
e prisoner The court instructed the jury, that OIL
M hey ought TO be satisfied that the prisoner either
qua Jorge and counterfeit willingly aid s. assist in the
Ia'Seiy making forging and counerfeitng or was pre
sent al Inc falsely making, forging and counterfe,inp
WIG e ~ lhe Indictment mentioned, yet that the pr-
soher oehe IN the possession of the in the ndic
ment mentioned as well az the other notes and mates
' lux iounu IN ms possession, was prima fdcie evil
VI ms having forged, or assisted in forging o.
nose IN the iniincmen mentioned To the latter part
OF tnis instruction, the prisoner excepted.
ne mira on Of exceptions states that the prisoner
hoVeu me court TO instruct the Jury that if thew
mol satisfied from the evidence that the forgery charcoal
vi 'he Indictment, was comped in the county of BITE
aDFt II was their duty to render verdict of acuuittaI
ne court instructed the jury that they ought to be s
tished that the falsely making and forging or WILLINGLY
ASSISTING In the falsely making forging and counterfeit
ing was committed in the county Of Bofetour hut
me prisoner being first found in the possession of tho
9mer notes. plates, ink and paper (mentioned in anot
o'I OF excepuons) in the county Of Botefo,nf, was
Pimn fdcie evidence of the fact of his HAVING
ieed them in BotetoWt To the latter part of ,is in
sHucilon the prisoner excepted.
.N0rem0er 10. The application for writ of error
was argued before the General Court hy f. w Riso,s
tor the petitioner and by the Attorney General for the
Common wealth. w
November 20. Upshm j. delivered the op;p;on of
the Court 10 the following effect:
Inc most serions difficulty which the court has lad
70 encounter IN this case has grown Of the phrase
ooey of The bills Of exception. Some of the Judges
mink that The expression "te prisoner being i'm the nos
session OF the notes in the indictment mentioned" SC
IN The second bill Of exceptions and the expresSion
prisoner being first found in the possession of The o,br
notes. &c In the third bill Of exceptions ought 10 be
construed as an instruction that these facts mere nrop
e. and consequently, that the court must be regarded a
having encroached upon the province of the Jury A
majority, however, think that the Judge meant 10 sub
n hose facts alphabetically, and that the jury must
have so understood him.
so constituting the bills Of exceptions the first question
ths IS presented is whether the possession OF forced
bank notes, together with the plates and other npe
ments used in forging them Is printa facis evidence
mat the person so found in possession did feloniousy
forge them!
We no reason why tho pos.sss;on NJ c,rgod
notes and tn plates and other instruments nsed in
ing Them should create as strong nresuup,ion IN a.