Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-10-25

iounl In tbe law asy prinspi. wbish weald warrant
the exclusion Of the rule TO like tbs pressp. and
wend rsonrs tha, the exam ion OF dyiay NAV, A.
TO the cause Of his death. should scpf'm '.ehneA
strs, ps,sf Here was matter OF litigation, civil O.
Grin iua d.psnorg prosseu,iop, far AZ appears
had b.en ins'i,uted was known 20 tho dyiE man-
no sorceivabl, conrssion between him who ~ss po'-
ting tho uuesioLs 10 him ard aoy in'ereN hte'y 10
be subsetved by the snswers which soughi for
no bis, be c,ed in the uirS Fl The drc-s'
cd In favor Of any interest this eide Of the grave"
The 10 thesr questions would have beeu more
saistactcry had they responded fully the stsum
ssn.,s Of tho b, micidS. Blu, this cannot pro-
nource that they osdmi'sihle, because they are
mere uonosyiab,s Z" Yes. Sir" he law ba, no where
led whit shalt amount 10 dying deelaaisn or the
form in which they shall be uttered Il NJ Sh, b. ue-
.afe that il should do Watcher the teeiara'icn'
are such ~ lilo ibsm 10 b. regarded as dyios d-ea-
ranors to DO offered in evidence, pend upoo the
temper Of tho d,e.ared when he made them, sod upon
| hs circums,spces under which hey were ado -
So Tar he effect al such deelaa tons Is 10 b. weg
ed by the Jury, this court. upon This record, has 40
power TO Interfere The jury were eaulioned by he
Judge at tbs trial, that they ought to oiHtgsri III
testimony altogether, unless they shooid believe rcu
The denee in tho that the de understood
the questions put 10 him. and answered them under
stand ng'y and even II hey should bel eve, they
ought 10 ~eigbng the testimony 10 taks iuto cS5'ids
taten the mannss in which the question: were ru'
and ,hs answers obtained and also The probab " 'hst
the ques iona ard do net siso nl account Of
" The Iseis # the sa'e II the Answers c tn de ceased
ormei tho eonsidora ian OF th, iuty an es.sIt al
part OF th, prJos in the case iheo tbe verdict h.h
they have found. after ihis solemn ssutiop, has pro
nouuced that the deceased did uDdss,a ,ho questions
and snewesed them undersapd Ugly; ard bs the ,ss'
mony, no, outstanding The eircurs which seemeG
10 impair W credit. was entitled 10 their slt Their.
may have been oih-r evidence satsciory az 20 ,hcse
circumstance, b.ore tbs jury. and for sught btar-
penr. in the till Of the all Dr. Gliding
upon the question Of competency NAV have been in
fueuesd by proofs omitted bs embodied 10 he
The objection, which have teen taken 10 he form Of
questions, and tho msnacr Ia which they n
swered, as well ss other o. ,op. In behalf of The
prisoner, derivs their force, fos tho part, from
suspicion, unsubined by tbs dsci,ion OF ,os son'i,
(teycsibo az has been shewo) tina, the decessed Ia
horsd under want Of mental capacity 10 testify IL
wa regard him as n bs You'd question OF sound
son and his responses az flowing from ra nal and
deliberate mind IL seems difficult, d.. tinguish tic
evidence new under sonsd ration from lhst Of o,hsr
dying declarations.
ven against thee jdg>s) tor reiuiug ,he wri, OF
error, and i,r sus'ainins the judgment This
nigh, have gwen a very ditie,en' judamont. bad he
cord sen so framed 70 b.r the sompaice
OF fully before bem Any misisk,s " hieh have been
commit ed by the jury rot within eognsante.
And II any ."or was committed ~ ibe judge, upon
the matter submitted to him, hp bill CT p'iors hs
not been so tam AZ to bring those masrs within
| co.sidera.io1.
RiIey Others } Adjourned case, from the Su
w." ( P'ror Court Of Law for
Tat, wa. case uudeS III. as entitled, 'An sctre.
dosing ip'o ous Act, Tho seversl acts eonc,rrre
,i'hnhie., end dir'c'ng TIE mode Of la'ny sni eoee
Ing The county hv':"2 Rev Co p. 62, ch 1911.
|
p'oseeded 10 isy tie levy upon the 4 hah. OF the
~; and. arcrs tho expenes Incurred by il, charged
thu following iem:
To Edward Dese a,O sheriff of Pauquc pc account seo
~'sa D,sss late sheriff Of fausner PoI account ss9I
leo accounts rs'efrsd 10, che W, thai ,hs-s alIowsn
anees were for keaons AID dieting eer'oin ne gsco,
the properly OF f. NelscR for sonsid cradle of
lime under orders OF ,hs court Ga the 18Th July
1922, Resa.d Key AMI wen y'trse her tree I'D
era OF ho eeun'y. under he 9 h session Of the
aforesaid &C. 6ed hsit petition iu the Superior Conr,
OF tie county, praying sterssdfds 20 rs order laying
the levy, on tbs sr6urd thai he Of re,s'd rharges
were for Keeping aud di-rg arg-ces WHO were ,ujns
10 Joma pduperis for their ireeom, and they eonsi
tu'ed no legal charso upon ,ae sOuo'ry. The super
sedfd' was granted; Wi Of eertiorou wa,d.
ed The record If hs ,sd levy 10 be
unto the Superior Court, Pursusu, to he act.
Tho sase was herd la the Superior Court. n H.
Transcript OF the record en- the 10 March 1880; snd
tbs Cour, took lime 10 sonsider OF i's judgment a
on the 2l'i December 1880, The Superior Court az.
journed 10 10 vsrious Gu siopp upsn the mat
ters OF Law arising In the ss,o, con,d d ne W and
difficult; sni finally, what judgment ongh, be rem
dsEsd 10 'ho sass! Tbs Court deemed II uets, is 10
| respond to this ques ion only.
| By The C0ur-Ths eouT,. without deciding whs-
Their 1t would revere an order. laying lew, which
did not upon the Taco Of i, show "ior what" tho re-.
,poanve sums were charged. az to make il app,
that the "sxYences incurred had bsen "neurred nm
tie an horNy OF some law, il Of opinion that Inc
accounts referred to to b, ccnsidered 20 part of
be order, and 20 shsw for what The respective SONS
allowed 10 Dgyes aud Ski6ker due. They are ,u,
Tor k.epitg aud dieting CERTAIN nsgroe the properly OF
al ndiy dual, committed 10 The suscdy OF hs .herff ty
I III
as allie ed in the petition suing ir JoTd pduperis III,
perton claiming propsty in ihen refusing 90 give
bond and security for their forthcoming snswer The
Judgment OF The court as required by The Act of As
sembly, must bear his expenses of keeling ihem
Ths 0s sonsites az clear law, aud il supported by
| the ease OF Ssrah ps. III .rry, 2 HsD. Mum. p 10.
But IL th, fact IL not 10 bS asum.d, tbs levy en-
not be supported, siheo can conceive of no ca
where the sounty BIS made liable for The Keeping
otsiavss. or persons claimed 40 slaves xemmi,.d 10
tie custody Il The sheriff The only cases that occur
to US are, when they committed for srin inal o.
fense' or funawsys, or under execution or By heir
owheT' In csrain esses, or wh' they In the Pre-.
diosmeni above alluded In neither Of these ere
the hsbes OF the county liable for their support; and
We believe that Go saTe San be stated Ia which ,hey
are sc liable. The lazy OF the 22ad Of June 1929
was, therefore, laid "o'hertosc than is aoDed by latu;
and this court, withoO' answering or d ed:rg IN,
her questions submitted directs that II be certified t.
b. iPs'of C;urt OF Fauquier coua;y, that she order
| aoresari be reversed.
RICHARD P0VALLS WILL
An instrument OF wfi'iag purpor ing 10 be- a copy Of
the last will aud testament of Dr. Richard P,yali de-
eeed, ard OF The giosl process verbal OF The proof
thereof in the Court Of PIoba'ss in and for the psrh
OF s.n.ion 10 the sia Il Louisiana was offered 10,
proba s' ao authenticated copy OF his will PROVED az
co,diug TO the laws oil the said stale. q Rev. Co. p
| l7S eli l0I SI6)
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