Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-06-27

there he na,hing in tlse warraning such dis
.crimnaiioa, the whole must be taken 10 be upe
But IT, from opposing eridence. or the confession ~
self f~cts appear which sufficient to snisiy "a
tionai and tha part is not trfe IL ought &c
iected Phillips Esi.. Sd American ed. =. 81.
Rsx Y. lones2 r..and Payne geo Rev Zig
gins. 3 III. 6a3. Rexv. Clewes. 5 Id. POI When
tried by this rule. we think the eseulnatofs slate
snent of the fsetuioaer properly dshelieyed by
the jury. IN Was highly niprobshi-, contradictory,
and its whole eharaeteftended rather 10 prove quit
than innocence. lie by aeausuiEnee.
shnut sunset IN the evening preceding Tie nieht ~
which the horse in question stolea six or seven
miles from the residence OF the prosecutor. but pas
sed on Al The distance OF fiiern twenty yards with
ont speaking. seemingly wishing 10 avoid beins re-
cocassed. AcenftfngFo hs account. he par-
chased tr horse "a The early pau otthe night, after
the usual preliminary ca6rriug. for ne-fourih OF
his value in the soe 81 the prosecutor. mud within
sight VI his house. from whom he did not
know. and Who. although his name is given. seems
be equally usksown every body else, fni hoa
no more of him. II suddeu, occurred TO him. lrrIU
the smanrss OF the price, that the horse eiler
nnsnund or bad been siolen aud tbeTeupen. Tnsiead
af pursuing the supposed swinder or frlon. he
bandoIed his previous Intention oI spending the
hight al neghhorInc house. resolved To tnIn pen
ny BY speedy sale, turned in an opposite direction.
aud by bretkiss time the neNt mernine had ridden
this prnbabl, unsound horse adsisnoe OF ihny eiebt
miles rugged country. the house OF Nj.
Csss ia Tennessee. with whom he excl angrd him
for watch of about hall his value. lie lien passed
into Moth Carolina tie place OF ms b,uh.-ftnm
The evidence at The prosecutor ii appears thai thu
horse traced by has mot pflns from Tie field out
al y htcai he lskeU aroad leading 10 Ten.
nessec along ~hci, he rapidly passed n that dircc
lion, and ~ss found la the possession al Cas-, from
whose description of the peillion.r. hle nfosec
~as enabled Ia Pursue and arrest Inn. When
rested he protested his innocence, aud declared HIS
ability prove abb. Upon seenul thought he
pns and % Ia tlaK
stated. lie vas armed uih hIacs al pistols. breast
ditk. and dirk kuilc. lie drew both pistols upon
tie constable. AID Threatened to shoet hlm, II he
Ind hands Gpun ha. After beng ialea lac attempt
ell In escape. The watch vas inuad concealed ia
the shoe of his saddle bags and the reason he gave
Tor the o"nccalneut was, thai la had beaid than
the praseennr was ia pursuit OF horse Inlet. abd
occurred TO him that he bad bought and sold the
horse that hal been $ otn. And this device. and
resistance, and attempt to escape. were Tesort.d TO
by man who WAS arrested IN The county Ia which
he was born, AID (~ith the exception OF Two years
spent in ihs Wesi) had passed ms l1e. aud nnu
hiccn miles OF the residence OF his father.
Writ Of error refused
From the foregoing opinion and judgment. Ss,ih,
Daniel, Cierioa Christian aud .ltea, Jud ses. dis.
secuted.
John Norcis Y. Commonwealth.
Petition Tor win of error 10 Judy nen OF the
Circuit Superior Court OF Law aud Chanoet ' iof
Chesterfield county.
The petitioner was indicted al 9etohcr Term 1898
for larceny. was ined, convicted and sentenced t.
imprisonmen, for two years la the penenti1ry AZ
ter the verdict was rendered he moved the Cont 10
arrest the judgment against hin,. The ground tha
IN the frdmtatng Court an application which ke
made for continuance OF the cause had been ,,npro-
perly reused The bull of exceptions taken 10 the
opip,on of the Examining Court WIS sci out IN L1c
refba 10 the record of the Circuit Court. On aigu.
nent OF the motion to arrest the Judgment the
irs,. t,,,,I, b.Iit al. III.
err IN refusing the continuance, aud tlfef4ate over
ruled the SAID motion.
SMITH, J. delivered Il resolution of the General
Conf--li is deemed unnecessary 10 decide whether
the Examining Coun eued N refusing 10 continue
The case on motion OF the prisoner, whether such
an error. il committed, could In any wy avail the
p,isoner'n tho Circuit touu-lhls Gantt brin, i.
UNANIMOUSLY OF opinion. that the plea Of elofs 1 ar.
resi- oi Judgment. could Mt be sustained. inl>uurh
asm suggests matter making M part of The tresld;
but matter. which. the prisoner could hatr i,tl.d
hims'h o II AT all should lave bee taken ~, gatare
afby plea IN abatement or nntr.n 10 nuash. See
C"hsns case. va. Cas- l5s. William Anrtrs
Case, ID, 23l.
VIM OF error refused.
tomRohwedih '. Franco, Y2ang
Upon an indictment against Young IN The Circuit
Superior Count Ui Law and CIancery for plpviJ.
die comfy. that Coeu adjourned to the General
Couri, tor novelty and difficulty questions ans.
questions we're adjourned with te consent Of The de-
iendani.
SMITH. ]. delivered the resolution of the Gene,,l
Count. The Court is unanimously OF opinion tina, If
has no jurisdiction TO decide the Question I'd fnrned
toit because 1t does not appear b, the record thar the
adjournment was with the consent of the deic nd,t,
See barihs case, Leigh, 76l.
W'n. r. Moore alias Jas, A. Robertson ', Covmo,.
lceaith
II
Petiiion Tor writ OF 10 n Judgment of the Cir.
cut Superior Court Of Law and Chance,y fur Scott
county rendered against the petitioner a, September
tenn lo3n' upon an indictment for bignuy, IN mar
rying Martha Mciienry, while his wife Joanna NJ
uofmeriy Joanna NJ. Flrnrngl was alive.
IN ms arrangement. the pr soner pleaded in nbitc-
3 ment. that John Rust, Of the grand jury who
found the indictment, not at the lime OF finding
reehoider Ia the Commobwe slth of Virginia. Is
sue r fact being joined this plea it was found for
me commonwealth. The prisoner moved to set a.
side the verdict. contrary To the Evidence but the
,ouft oveffued the motion, and the prisoner there
upon excepted, setting forth IN his bill of exceptions
the facts proved on the trial OF the said ISSUE They
were as follows:
by patent dated January :. LEG. attract o(laod
Containing i2.903 acres, sing IN What was then
ashin2ton county, was granted to john Fleming.
AMER intermediate conveysnces n aud from various
ptrsons tthe deeds. which we're sci oul an h0c rcrba
al appearing TO have been regularly executed and
duy fecoided,) the whole tract canr, hy the caavey-
ahee' dated and recorded on the 22l of November
lc5a. INTO the possession Of John Vaughan Who by
oeeu dated the 25th VI November Is3 and record
80 on me following day, conveyed the same to iona.
'han Draper upon trust, thai IL The gfantor should
~, "''in SIX mouths, pay certain debts due from