Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-06-14

pretended will
Judge Burx = tKn,ehipx a. betore.) How 10 this,
gu: hfme u'tdersfdnd this: you allege no fraud In the
Judgment hail you then say to the sour', Ina, .
party bold ng a valid judgment shall mol have exseu ion
tina u. shall no, have his procsss Of This court, TO
recover lie deb,! do you soy that sirf You shall have
'ro,s Erouujs TO lay bst.rs the sour 90 on, si; 20
on M. Count.
Mr. Count-why really .ir,-
Judge Pallet Yes, and another tbing-you ou.h,
10 have prooi II the fas,s. bssau.o tho statement Of
counsel alone. is not proof, however respectable. Tor tbi.
reason, that suppose counsel on opposite sides make dit
fsren, s'a'omen,s-. quaIiy respsciablr-or disagree in
their ~s'a'rmonts; how is the court 10 determin.f And
even tho sfhdavns Of The parties are no, evidence ON
me hearing OF a rule TO show ,su-e. The distinction
Is tht'; the affidavit 1t q party 10 sufficient evidence on
Inch to grant a rule 10 show cause but when you
Re m, o tue hearing OF the rule, IL Is not evidences; and
my view Of 4 lie tti'--'hat ., ch an cfiiavit oush, not
or lie court ought not 10 sui r IL TO be even read ON the
hearing Of ,he rule & show cause; for two reasons, be.
cause me party is interested, and cannot DO a witness
IN me own cause aud besides, tie oppo. lite party has
oso no Opportunity Tor eross-eSamination which il a
very important Objection, because . witness may tell a
very straight story az long as no 10 allowed to 70 on ia
mis- own way: but when you come 10 question him.
20 Sill hlm,-'hen you very often destroy the effect Of
the testimony which he has given on bis examination
IN ch'ef, and tina, Is the practee VI This court, always TO
squirc depositions on the hearing OF the rule; 1.-THE
dss'in'sl0n - be'w Gen toe gronting OF The rule to show
cause anu the hearing Of that rule because on deposi.
t'ons tbs opposite party always has an opportunity Of
eros-'xaminiog; aud If no do.s not choose 10 cross AZ.
anime when he has The opportunity, Why then, he ha,
y 3 VI hO mas III ODlOT uEly-
you sse' the SQUIRT has sivsn him an opportunity, but
h. d d not IN al. uss OF il.
Count have 'everal dispositions, regularly IA.
Ken, which will es,abli.h all tho facts On which We rs-
ly, and l will now read
Judge BurI-Ab! you have depo,iions!-wsl
wsIIss y. CThs three judges corf.r together This
l mean to cast no re Election, Mr. Coun', | beg that NAV
not be misuudsrs,ood. Gentlemen Of The bar are mors
in'en, upon tho performance Of their duty to their eli
en's. than on saving the time OF court. Lit This su06ee
lois cturi Is much Opprs eped with husina.,. The .o,.,
viii hear you. Mr.. Couu'; you shall have justice, cir.
no party shall have cause 70 complain, thai he has not
fh's court toiH do justice bettceen the parti,, in nj,
cause! Judge Burley is about to cali mis- trial list for
t' next po 'iod; alter that, tho court viii dispose of
,n's ease II there be time; 1 have said, if there be
Judge, Burley now calls tho trial list. Duripr ti,
tins Judge Buzs whispers with bis brother Poliet.
ana men retire, quietly. The c,ling Of Tho trial lis,
being over, Judge Buzz i, missed from The Bench.
~ Grumoie-To' The cours after a pause. Will Judge
Buzz return, sir!
Judge Buriey-Hunp' ! 1 don't b.lieve no will. 10.
day.
Judge PaHet-Wby, don't ,hink il certain, bscaus.
Ju ! oeiore ne went away, no said TO me- "Are Won
going to s'ay'' and l said I was tor This reason hal
perhaps 'here nigh, he lime. after the trial list was
called, TO dispose OF the case of HUMP o. Bumn
well said he to me-, al am going" and then h,
went away, that was all he said 10 me, and he did no,
ieh me whether he was coming back again n mi
Now my view OF /, il, that il i,very Uncertain whe,b.r
he dos' come back sgain or not, TO-DAY: brcau,e
no ss'd no'hing ABOUT coming back when hs went a.
way.
Judge Burley--Humph! Adjourn ,hs court. Tn.
court Is accordingly adjourned in the usual form.
TO M~UROER-pRoor or rrrcr,ov
h',hs as zes held on The ION iast., at Bury 81. Ed.
muna,', WIN Buckle, aged 81 years, was ~capiislly in
o,c'ed Tor as,aui'ing Leah Warren, by cutting bsr
,n'oa' Wild a razor, with in'ent TO kill and murder bsr.
10 a second count, he was charged with int,n,Iing IN
Gus and bodily harm. '
Inc prisoner was most respectable in aopearanc.
and MS couI'enanee OF the most mild and kind ex
Pre,soS. f,s youth and appearance caused gre.,
sy'bTd ny. Inc interest excited by the trial was pro.
dig ous, and the Court, at an early hour. was rrowS.
o. III 10 r-markable, thai this County produces moe
m"iaeIsol an extraordinary kind, than all the o.her
counte. In En- gland. There were thrice The num,sr
II females In Court, than were present a, The tri.l NJ
Corder. at
Iheiemsis wh'm he was charged with attempting
10 murder, Is a pretty Interesting girl, about Is years nj
age, ard was aiired in a We y becoming manner.
Mr.. MaI'by, Counsel for the prosecution, stated The
i"et' oil the ease. The prisoner wac in the employ
ment OF The father of The girl, and paid his addrss.ss 10
her. Previously to Miehatlma. last. she was nsrsusd.
ed by some OF her relatives to discontinue hi, addresses.
II" was exceedingly distressed at ,hi, determination
on nor part and having seen the young woman with
another young man, some few days after ward., be wa,
driven TO q tta'e Of distraction, and attempted 10 INIT an
tni 10 his existence by hanging himself. On the 7h OF
June last, the prisoner cav the Young woman At her
fathers house, and he promised to renew his addresses
10 her. She declined; aid on the o b Of June, he saw
htf waxing with a young man named Eli Hunt. I
""' W. mVmoh III aI pToOaDlnty, that he brat GOn-
~temPlited Tho commission Of the crime that had breugbt
him to The bar whore no was standing.
on me same nigh, he met The youg woman, and
asked her to 90 with him TO a place ,hrse miles off
ano "nsh me declined, he requested her 10 20 into a field
close BY, In which there was a pond. Sic refused ~
go with him, and he seized her by Tho head, pulled her
bonnet strings tight under her throat, ,hre W her down
upon her back, and cut her throat with a knife. He
go' up ard ran away az soon az he had perpetr ated the
deed she found the blood iricklio< from her throat.
and made tho best o. her way to her Aun,.. and a
medical man was sent for immediately. She informed
ner Otce and Aunt where the assault was committed;
and on a search being made near the spot. the knifs
WIN which the prisoner bad il flet.d The wound. the
blade oil which was bloody, was found. Wh,n tbs
prisoner was taken b.. fore The Magistrate. he voIun,ari.
y mace a statement, which would be proved in evil
dence. as follow
81 was walking with Leah Warren, on Tuesdav
evening, the 9th of JUICE, aud IL came into nv head
all al once to do this, in co0se quercs OF her refu,ing 10
20 win me- l took The knife out Of my pocket, and
cut her across tie throat. | had one hand round
her neck, with which 4 held ihs bonnel.s,rings
sue ie1 backwards, and 1 runaway the knife which
MT o'ridge Low elbows NE. and which is now sealed
uPin my pre- senee, 10 the knife which I did il With"
Lean arren on being brought iuio The witness box,
was very faint, and could not proceed with her evi.
dence for some time. She stated (: live a, Bradw,l.
IN ihi' county my father is a brieklayey. have
known the prisoner for two years and a half: he work
ca WIN my iaiher he paid BIZ ADDRESSES 10 me no 10
mich@lmas lait my lr. Dds advised me 10 disconiinu,
bis sddresse'; and coon afterwards / told him iha, |
could not permit him to pay his addresses 10 me any
iongtr L was a. sorvisc at the time, and | did no, 70.
turn nome alter that ill near Whi,suntide | remem.
Der the Tth OF June last, 1 was at nv fa,het's 1 saw
the prisoner there, aod he pressed me 10 renew our
Io,mer Ihnnasy he was going 10 WaI,bam, and he
a,seu me u l would 20 with him I said thai I had no
opyeenon on The Sunday afternoon he came to nv
fsibef's, l bad been sryiog, aud he asked me ybs, had
been the matter with me ! said that my sister and
brother had been calling me to an aeeoun, for going
wlIh slm 10 Wal.hsm In the morning. lie said, q" il