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

or constitute the said W. c. d. Batter an ordinary keeu
within the meaning of the act Of Assembly which
excludes ordinary keepers from serving Grand Ju-
ries
.Noe.n,, 20 -Braeken5rosgh reported the opin-
cont 10 constitute the said ~ C. D. Butler an ordinary
keeper within the meaning OF the act
4 "s o'm" a.. Ali u-ned case from the SD
Danisl Snider, Dsh Psrior Court Of Pendseto'.
A, March term. 1880, Of Pendtefon Superior Court,
the Grand jury returned sundry indictments, The 70.
cord peeines then coocudes by saying that
tne Gfand Jury returned I" two other indie IN .nts NJ
salnst surveyors. OF roads true bills" One Of these
odictm nts is inst the surveyor Part CIR pre-
s.ne OF hernoe road on the South fork OF the South
branch OF the Potomac in the county O, Pendieton
which pas'es by George PuG.nba gers Saw Mill o,
ssid ,ok IN the county aferessi1 " But the
M where stated ihs name OF the ,utvsyor Nutwitb.
standing ,h,- omison. summons was Issued against
Ddn'ei Saider to answer the indictment a. found a.
g'ns' him. Tor lot keeping the road repair OF which
ne Is the surveyor" Saider appeared and fl d a
special plea stating that here il any record OF tn.
said suppo' ed indictment AUST h,m to which plea
there was general replication II also fed ysner-
al osiunrrer 10 tho indtctmen'; and the A.o new Tor
the Commonwealth i,inej in the demurrer Where
upon the Superior Court adjourned the case to The
neral C1ur Tor lis decision uion IN: follow ins ques
uons
Is there ,utF cent record Of the indictuen, 4,
his case being presented in Court by the C, and J,ry
as true bill
~ Is the indic'msn, good AMI suffi Glen, in law,
.NeremLer 20, Smith delivered the opinion Of the
Conrt.' The decision in the case of Benz; Co,,,o,i
Va Cases 527. IA. considered by a majority of m.
JUICES as decisive, In favour of tho ant of IN
point tia; there was not sufficient finding Of he i.
d,e'ment 'hfwn by ,hs record. The other point was
also IN his !aV The raj rul. is that the name
Of the party Indicted ouSa, be inserted. To th.
rule al exception |, mentioned in 3 Bae. 557 and
td"6. CHI 25,'eS 60, "hat aa indic,men, that the
Kings highway in such place is ia decay tht,usb
The default OF the inhabitants Of such town. /. goo l.
without naming any person in csrain." This excep.
on Is allowed, because Of the fl uiy if rot utter
lrah # AIM
h'onan's oil the town. In the case before the Court
there was no reason why the gener | rule .hsuld no
prevaii And The Court was, therefore, unanimously
o. opinion ha the indctment va, insuiIiceut and ,h
demurrer ought 10 be sustained.
.Absen, Stuart
.dbner Martin )P,,,ion for writ of error to ina,
The Comn,onpealMS Boie,onrt. p''' ~'u'' VI
Inc petitioner was convicted Of felony under the Art
III l. y oiS cb l54 sec. l. His conviction took
piacs under the last count Of he indie me Mt founl a.
gainst him. That ceuat charged that the petitioner
with intention to injurs and derand GER ain Uya,h
ingfon Smith, did, on the I7h Of December. isa9 mas
and tender aud of-r 10 and exchange and ,u,e
anu pro,ore t. be offered to be passed and
10 me ssid Wdshington Smith, certain false, org ed
and eounterteited note purp ne to he back noe of
tn Bank OF Virginia. for the payment of twenty dol
IRE knowing the said note to be ae forged and coun-
er'eitei The July ascertsi; ed the prisoner. term
imprsonmentin The p niteniiary TO be ten year. and
sentence was pronounced accotdiDsly
t"e WI" CT 'he Indictment, the prisoner fled four
pills OF exeep ions. The first Of these il unimportsnt
because he oPinoi excepted to, 'elatsi to the FIRST
count OF the Indictment; and upon that count the pri
so1.r was acquitted.
Thu second bill Of excep,iops .t,tes III ~. n.;o,
err counsel irtccduoed Thomas Lejf,oich as witness
Tor me prisoner, aud after he was given up by the
Counsel Tor The prisoner, the Attorney for the Common
weah' upon cross-examinug the witness, asked him
u the prisoner had not passed to him. a note said
- o. Santsn,ri wines answered that he had. in
he ia oil io29, passed s. note to him. bich was said
10 ~ Counterfeit on OF the Banks OF Juginia hui
cou not ssy on which, hat tn pri oner aterward. !
to'k II BACK and gave Lin her note Tor it, The |
Nouhsei 'Sr the prisoner obi cied TO this evidence
Gauss the nce was not produced, and because aso IN
witness could state which Of the banks II was
But he Court o, eFruleG the econ and psrmi,ted III
evi', nee O To tbs jury.
The thu bill exceptions states that testimony was
introduced, proving that the prisoner aud Green b. |
Le,raHen vere Travelling in company; thu witness saw
them oget.,r, Le%d!len in the pre sence Of the nrison
ef proposed chasing horses; witness took 40 horse
next morning and found them together; L,tcaHen in
the prese'ce Of the prisoner bouyh the OF wit
mesa pc him in bank notes some of which in the OF in
OF win were ierfet: hi. transaction ook
place day or two after the passing Of the note Tor
which the pii'oier s indicted but during The same |
trading eSpeoi The prisoner, ahoug mt at the
time IN company with LeDdHen, said notbne exc.ot
mat when witness insisted having sos aud Le,eal-
len Offered $751; prisoner remarked he hardly ever SAW
two men hard about horse trade a, TO permi, orr
Lar to divide then then LeUnllen after it'll. hest.
nsaii he would give he $65. aud they traded; and
on ano mr. horse brirg off red Le,caen by witness
Lepoien at first SCENE 10 expires. some douS, "a,
ne LeteaHtn, ad ey wers goiog 10 Rannoha 10 moyv
a''"''bl morse lid be WAntirg
tn OFT &c the prisoner and sskei him if il would
who answ red, probably another would be wanting
Alter This testimony the bank received by the wit
ness oil lsetcdIen f0t che horse off red in evil
dence by tie Attorney for the Commonw ai,h; and the
prisoner obi scted 10 their being admitted. The pur
to'tej - be notes on the Bank OF Virginia, and the
ecu permitted them TO go the nv al crcumstantiaI
evidence tendiIg TO prove the scienter.
III was firther proved by The witness last above men.
one', That on the night OF the day OH which wit.
aess saw the prisoner aud Le,calIen a Young man who
pnssi ny the name OF Leffoich at the hou.s OF
"'ne-s ano as The witness Understood, was trsvellir
wfh LeDGhen aud he prisoner This Young man GO,
men mir ducei as Witnesses. called Mi, on,
sliis Leffwich. FL proved thar he was emp,ov- a by
plislner TO 90 with him 10 buy b,Ses tllat two
DAYS previous to the trade made nv Lec1lle wi tho
her witness az above stated. Nitrous the prisoner
LsodHen were all together at one Smiths where lie
Nitrous, apped horses with Smith and gave him
smith, 800 to boo that he, Nitrous had no money
ha, h. 90, from the prisoner the money which he paid
Snnh, ard the horse for the prisoner that ne
Htf0ts, can neither read write and did not know
bh The money was good does he know the pri-
soner knew u syas counterfeit. To the admission Of all
me evidence the prisoner objsoted but his objection
waa overruisd and the testimony admitted
The fourth bill Of exceptions states that the attorney
Tor the commonwealth introduced persons other than
bank officers, to say whether the note CHARGED 10 no
counterfeit was counterfeit genuine notes and the
prisoner objected to the admissbility such evidence
Besides these exceptions 10 opinions given at the tr
al the record shews that the prisoner moved the court
to set aside the verdict the ground of niscond,c, f
the jury in separating III mseves after being sworn
and also on the ground Of the verdict being contrary 10
evidence. These motions were overruIed and excen.
lions HE'D TO the courts opinion. The bill of exceptions
contains the whole evdsnce given at the ria but it Occur
pies too large space TO be inserted in this report II
will suffice to saw that il includes
no. le cycHib ;gU nC