Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-07-29
DOMESTIC.
From the Wb,y

max. Es Duncan, and CIopton. -
Judge Parker was prevented from attending by hi. own
III health aud Judge Upsur from indypo. ion a, in
duced to leave The the first day
Mn. RANDoLYH's WILL.
paper purporiDg 10 the last win John Randolph of
n1anoke, was offered Tor probat behalf OF John Ran
ao'ph bytan, an infant and principal deysee by his ne
Trend and grandfather Judge Coater motion as there
upon submitted on behalf OF john Juba, and Essex
Slaves oil MIR Rsndopb,> permit them Tor the
ana oer slaves TO app parties oppose the
2robs OF the said paper, same time 10 offer for
proba as the last will. another paper by which they
spd he other slaves emsB. ipsed Those mo-
lions behalf of the slaves were oyerruled bv
Tue court, on the giound, that while in condition
OF slaves they could not Legally be admitted parties to any
proceedings. other 'han suit in torma pdnperis hill
IN equity, Tor the recovery Of their freedom Upon This
decision being announced, the motions were submit
ted Ia the name and on behalf of The Right Rev. Mr.
Mead, one OF the Trustees named in the mentioned
paper which allowed, he became party on The
record Tor The purposes aforesaid The parties not being
prepared 10 sdduse their evidence subpoena duees
was awarded TO the Clerk oil Charlotte County Court com
manding him 10 bring UP the paper last offered, aud
commissions granted the parties take the dispositions OF
witnesses residing in London and Phladeph., the
cause continued 10 the term.
Counsel Tor Bryan--Jotnson and Stsnard,
Do Tor the slaves Robertson, ATTORNEY Censral
anu taylor, with whom Gen. Jones, oil ashingon is
socia,ed.
The Commonwealth vs. Ed,yard Perc;po,-Case adj
journed from The Circuit Court OF Lancaster.
The deienssnt presented for knowingly and will
uliy without lawful authority, but elononsly shoot
ing aud killing 80 hogs, the property OF + Brent The
jury found him guy, the court shoud think him liable
to the nes OF the Ac OF Feb H. 1928 for having shot
T.. T..
The land OF the defendant at the time OF shooting
AMI killing thereof Two questions ere adjourned: Ist
Whether the wounding and killing OF hogs upon the
land or Ia The personal possession the owner on the
land Of the defendant al The time OF the killing is within
the meaning of the Act. 2d What Judgment ugh, to be
given upon the eJings in this
Upon the first question The Coirt decided that inju-
res to living domestic animals OF which larceny mig be
committed within the provisions of the law and NAV
be prosecuted under and that the killing on the land OF
the Defendant found in the ric did not of itself
defeat operation OF the law and upon the second
lie rdcf is lalar hec, -
win sufficient certainty, that the shooting aud Killing
was done knowingly and wilmy, without lawful au
rority The verdict is therefore, be aside, and
venire facias de aTded.
Commonwealth vs. Elijah E'urd-The prisoner was
put his trial before The Circuit OF Petersburg
for forgery, by altering draft by the Bank of Virginia
OF its Branches, and lbs araig mt he NOV
ed The Court quash the Indictment because lonnd
by The grand jury before the facts with which he stood
charged, had been passed npon by examining Cont as
required by law. tThe indicme ound or the 10Th
day OF June the llh, the Court OF examination met
and remaDded The prisoner Tor al in the Circuit Court
and on The 18th, lac arragned put upon his nj.
a. on The indictment so found on The l0h) The Circuit
Court oyerruled the motion 10 9uash, aud the prisoner
tiled and convicted.
Al this term, the prisoner applied for Wit of Error
Of anash the i"Giesaen sndlhs ngs s
eiing IN opinion this question: VIII OF Error as
for the prisoner.
The Co"'monweahh vs. Deskins and Lockhayt.--
Case adjourned from the Circuit Court OF 1nzeyeli
subpoena issued by order OF the Circuit Court 10
summon the defendants appear aud give evidence
lore the grand then session,
and wliuIiy KEEP, Of the ay of The officer with de.
sign 10 prevent, aud elude the service of the subpeena
Until the grand jury MISUNDERSTANDING made
against hem 10 shcw Cause why they should be
lshed Tor contempt; they appeared and moved the
Court 10 qnash The rule and upon that NOTION be Court
adjourned the following questions Are the liza
Bile punishment by summary proceedings under lie
statutory provisions defining coptempts!
Decided unanimously, they not liable be so pun
lsheu but that they may be punished by Information
Indictment.
The Commonwealth VS. Noble Pease.--Case adjourn.
ed from The Circuit Court of Henrico
The Prisoner Indicted, tried and convicted In HE
Circuit Court, for feonioUsy and frauduenuy carrying
slave out Of the county OF Henrico. into The county OF
Prince George. with intent to defrsud and deprive
owner OF said slave. Fl moved in the arrest OF ndg.
meni, and assigned error, that the Indictment did not
charge the carrying away Of The slave have done
"M tlout the consent Of the owner in words cR the
Act OF Assembly under which he indicted and con-
victed The Circuit Court adjourned this que son Is the
objection suhcen, 10 arrest The Judgment!
The Court being OF opinion, that the taking "wiihout
the owner is an essential constituent Of
The offence created by pe statute, and that the ofns ion
TO charge il in the words and in lie statute or in words
OF equivalent import, is defect by the statute
OF Jeoaiis therefore decided that the jude ought TO
be ed.
Counsel for the Prisoner-Nayo and Briggs
The Commonwealth WiHom r. Siepens--Ths
prisoner was tried aud convicted before the Circuit
OF Hanover, Tor burning the Jail of that eonly
he Indictment charged that he ielononsly fTsie
and burnt certain house. to wit: the jsil and
county prison, being the house OF Lacy JONES' Sheriff
&C. On the uih, he prisoner moved the Con-, TO instruct
the jury that Jones, Sheriff, &c, egaly have no
such right OF property in The jail 10 sustain tie iric
menf; which instruction the Court refused and Tor This
reason Writ Of Error applied for.
The Cou' decided that the properly and sui,
hceniy described the house the is and cout
y prison, aud that much OF The description as charged
TO be The house Of the Sheriff, entirely unnecessary
and should be regarded sUfpiusage of eror de-
Died - Briggs, COUNSEL for the prisoner.
The Commonwealth VS.. WiHiom GiHion.--The de-
fendani presented in the Circuit Court OF Ptnce
George, for resisting, by orce OF arms tie Deputy She
if oil that couny, the lawful discharge of his dutv
aud thereof convicted upon the evidence OF the De-
putty Sheriff, wbo had given information volunsry
niofDer, and was the only witness introduced OF the III
al The defendant moved the Cour exclude ihe tesi-
mony Of the witness from the jury upon HE ground that
voluntary iniormer he liable for costs II q e
prosecution aed he therefore incompetent; but the
Court ovefTued the notion and for ibis eason writ of
applied for.
Upon general principles, well upon The authority
OF the case OF Brooks Baker the Commonwealth, %
Virginia cases, S53, The writ unanimously denied.
The Commonwealth W. Solomon ydndefson.-The pe-
iioncr, Tree OF color tiled before the usngs
Court OF Petersburg, sitting Court Of Oyer and Torn
ner, convicted OF larceny, and sentenced The Penen-
iiary lie applied Tor Wit Of Error the Judgment Tor
errors assigned IN bis p, too Rut preliminary en-
qOifi,s ~ The case
lsi Does Wit Of Error lie the proceedings Of the
county aud corporation courts Of oyer aud
ner?
~ n 80, may il be granted by The General Court or
must il be gauicd by the Superior Court Of tho county
poralionY
The Court, without decidiog any other question, we're
unanimously Of opin0n iua Writ Of Error not lie
hom the General Court TO the county, corporation
eours. and therefore denied the wit
The Commonwealth vs. Thompson Bi0upf jr-Tbe
prisoner Tried and convicted in Circuit Court Of
Hcuuco. oil OF a watch. chain and The