Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1839-07-11


GESERALs COURT OF VIRGINIA.
DrcrMBER TERM. 1893.
ParsEsT-Judgess Srsiih, Daniel, Lomar, Scott,
Ligh,t Cepi0n, Chrisiia,', .iiieH, Mason, Doug
= lass, .NI>koias.
Alien W Sperry v. COmnQnr.aIih.
Writ Of error 10 judgment oftbe Cir.
cult Superior Coori OF Law and Chancery
for CsheiI county, rendered against the
piaiaiif in error a: April Term. 1899,
upon ga indictment for stealing an iron
gray mare Of the value Of sixty dollars,
the property Of lie ~is Bench. The &C
cused was convicted and sentenced to
imprisonment fos'ive years in the psni.
Tertiary.
The indictment was found at Septem-
Der Term, 1897. aud the prisoner washed
10 the bar in custody, was arrsigned, and
pleaded not guilty. WhersupOn. on his
motion. the cause was continued until the
next term.
The record then states. that at Circuit
Court continued and held for Cabell
county, on Friday. the 9th Of April, ls3S.
''csme as well the Attorney for the Com.
monwsalth. as the prisoner BY his oifor-
ney. and thsrsupon," &C.. who having
hesrd the testimony and Arguments oil
counsel, retired 10 consider ofthejI verdict,
and net sgTesing on that day, were ed.
journed until the next. when they again
appeared in Court, and rendered theil
verdict; "whereupon, the prisoner wa,
remande 70 jail"
WbeA bg0osh into Court on subse.
Il. II h. A. -.
fence. the prisoner moved the Cour. e
grant him new trial, on the ground TIA
the verdict was contrary 20 tie evidence
which motion being oveTTulsd, he except
ed, and set out ia bis bill Of exception
all the material facts aud circumstance
proved on the trial. These being move
in their character, are detailed here, tho
the cause was decided in the Genera
Court without reference 10 ihsm.
10 September. 1897. The pSisSGer va
81 work With the witness, Lewis Bench
ia The nsighborhoodwhs they bothlivOd
when the prisoner asked witness il hs
had got tho spell taken of NJ gun Wit
ness said he had not. Pfisobss then TOLD
witness, that IL he would come down IL
the morning before breakfast, TO ths place
where they wsfo then o. work, and place
log across the road, add lay the guI
upon it, add turn round snd walk of, with
out looking back or speaking, pTisone
would take Tho spell or Witness fefus
ed 10 do 80. Prisoner then told him, ths
II he would climb 20 the top Of the noun
tain near bis house before sunrise, sn,
there put in the gun charge Of ssll sn'
a charge Of powder, and then ball. IL
the name OF Bslzebub. the devil. az.
then walk OF some short disisnee, III
would see = deer. but it would not b
deere which be must shoot 81 with ih'
load - pot into The gun. snd thea ib'
deer would run off. and witness must FOL
low IL, and the deer would take him &
/ bis house. II the witness followed lhi
! prescription. Il would take The spell iron
his gun. Witness neglected 20 do this
because 10 use bis own Words "he eoul
not bring bic mind fully % the jutgmen
tbs, !. Woald unspsli be gun" Short,
after this. ibc prisoner and . c6ftsin "a
mund Ferguson came 10 The house Of %
witness aud after bsisg there some shot
time, Fsfgusontaid 10 The prisoner, Con
Juror, begin," Thsfsupon prisoner TOO
down The gun. snd started ous Of the house
when FeFguson ssksd II be sud the vii
ness might 20 9Th him. 70 which hs .,
ssnisd. They Ell then vent 10 bend j
the creek, a. Il was ssid 70 Be imponanl
IA pnspellloe guns, % shoot seFosf wAssi
Afier sAooiiuR six tines leach of Tier
shooiing) The gun Use declared b. %
psitonoF q Be unspsllsd, al q thsm has
Jag msds good shois. After the, Fersu