Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1838-09-17

ri,ness, house and ssi,l she would come 10 The
house when he heekoned TO her. The next nor
ming when he sitting al breakfast aooh' ten
O'Clock, he saw her walk up and down with the boy
Witness put up his hand and she went away the sup.
posed 10 give the boy the porter and whiskey,l ier
when she returned the child was quite drunk. Tn
the preceding night witness desired Armstrong,
the constable TO be in attendance 10 the morning,
and he was accordingly. and witness pni him in a
pan,ry between the shop and kitchen. When wit.
ness beckone1 the prisoner came across the street
into the house, saying IN the boy " come in wants
Ia light my pipe" Witness again asked Why she
wanted 10 sell HIM. and SHE made the same answer as
before Witness SAID he thought the boy VAS ele-
ven. "oh." SAYS she, "he is the bruer tor That
Witness agreed 10 take him, and the boy began to
cry, aud said AMY, lei me out. and tod knows
III come in again" Whist a-es, sad she,
"a and the doctor will give you something sweet and,
turning 10 witness, said to HIM 10 give hun something
10 PUT him aside at once. she should be going to
the road. lie again asked hei II she could have a
mother boy for him IN month, and she SAID she
thought she could. Witness then desired her TO
wait there while he went for The money aud he
went gu, aud let in the policeman. who at once ar
rested her. She gave her name 10 Mr.. Holmes,
the magistrate, as Honon Sanity alas M'Car
Thy.
On Mr.. Lefcbutc's cfoss-exnmlnaton by Mr..
Scanned, lie said he had lived for five years in Dun
man~ay.
The boy was then put on the table. but too
young 10 he examined--he 'lid not know The nature
ol an oath. aud had never said his prayers.
MIR. Scaunoll addressed the jury Tor the prisoner
on the plea oil insanity.
The ma,ron of the goal was sworn, aud examined
by his Lordship-She said the prisoner was four
months under her charge. She considered her 10
be perfectly sensible and TO know the difference be
tween right and wrong
His I.ordship SAID the indictment was laid under
peculiar act ofpatllamcnr the 10Th of George ~.
chapt 81, sec. 9. And be II further enacted that
every person who shall solicit encourage, persuade,
who shall propose 10 any person 10 murder any
other person, shall be guilty Of felony, and, being
convicted thereof. shall suffer death as u lelon."
TWAS 4 capital charge. There must be a soliciting
or endcavouung 10 persuade person 10 commit
murder. Nothing short oil one OF the other OF these
ingredients would constitute The crime. The act was
passed lor the purpose Of reaching those persons who
not themselves bold or darIog enough TO commit
murder, proposed 10 Others 10 do 50. The mere
Circumstance. therefore. of tins gong 10 the
doctor without soltc.ting OF persuading him TO com
init murder. however she might suspect the use
that would be made Of the chd, would not bring her
within The letter of the act OF parliament Ills lord
ship. having fecapltulaed the evidence observed
that there were some expressions used by the prs
0nef which might amount 10 what WAS required by
the act ot parliament, and # the jury were of opln-
ioD that they dad they must, however unpleasant,
convict the prisoner ON the capital ehlrec. litherc
was proposal solicitation to destroy the child,
and IT did not within the terms Of the act, 1t
nigh amount To an assault under act OF pan
lament, NIelotia, chap, rs. Ii enacted that whore
felony charged included an assault winch was not
stated IN the indictment the jury might acqut Of ie-
lony aud convict Of the assault. To show that vlo-
lence not necessary to constitute assault his
lordshlp referred 10 the case of East Rosewood.
where II had been decided that a physician who
caused apailent tccssary To expose any part OF
her person. aud though she dad resist, the ply
sic IAN, WAS found guilty Of assault. In like
ner schoolmaser who took indecent liberties with
female scholar WHO did not resist him. was guilty
Of assault. IT. however, they thought there was
4 proposal or solicitation on the pan Of the woman
10 commit the murder the jury should find her gull
~ nndet the indictment.
The jury tclired but IN few minutes return
ed
During tlcir absence VI. Slipcndiaty Gore Jones
had communication with hs Lordslup. who, on
the return OF the jury, begged them not 10 give in
then veidiet Tor q short time MI Gore Jones then
conycrsed with Mn Scanne, who afterwards pfopus
ed 10 thc count 10 examine the hite boy without
swearing Inn.
His Lorlship said lac hadno objection if counsel
for the crown consented
Dr. Bennett, on The pat of tho crown would not
consent, N lac WIS a!rld oi its being used prcee-
dent lie had no objection, after the uIy gave their
verdict, give the boy opportunity To state any
thing IN favor OF the prisoner but that would be the
proper tme To do
The Jury then returned their verdict GuitR
HIS Iordship sald-Piisoner. You have been con
yioted al crne for which, by the laws Of the land
yonr llo is to pay the forfeit 1t is unnecessary to
dwell on the enormity OF your offence. You had u
young aud tender youth in your charge how YOU
behaved towards him up to the time of yonr offence
we do not know. 1t IL, however, favorable cir.
oumstante OF your case, and | am glad of H. that
You appear TO have supported HIM through charity.
fortunately, too, no loss of life occurred. Your
Case has had full and fair nvcslig CATION and put
! yer al, mint hcI,. Ia, 1