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

sonef pulled out pso aud ink. went 10 one
aide. aud wrote on piece Of paper what
he called rsesipf o. direction Tor uuspcll-
ing guns. lie said i, ought TO contain
three names and thersupcn The witness
asked Ferguson TO sisn il ~ witness
which would make the third name. Fer
guson did so. Witness asked Ferguson
10 read the paper, which he declined to
do. saying il would do some other time !;
and the paper was not then read, nor
could the witness read wrising. Prisoner
told witness TO put The paper into his shot
pouch. and there keep il. Prisoner and
Ferguson then went away down the Greek
towards where they lived, 10 hunt their
cattle, rs they said.-When prisoner first
came TO the house. witness's mare was
licking salt. and after short time witness
told his wife to drive her down the creek.
towards her usual grazing ground ia the
woods. which vas done. All this hap
Psned at and near the house Of witness.
on Friday, some time in Septenbsr. 1881.
On the next day. witness vas TO leave
home TO 60 journey Of $50 CT 100 miles.
into the Stale OF Ohio.-On Saturday
morning prisoner went 80 Paulcy's. about
> miles from Bench's residence, with the
mare aforesaid in his possession, and pro-
posed 70 sci! her. telling Psuley he had
bought her FROM Bench for as upor
two years credit. While they were trad
ing. Ferguson came up aud advised Pau
ley 10 buy the mare. which lie Gid at 10
dollars. and gave hi, note for the same al
twelve months. Prisoner sold the note
the same day TO Lewis Ferguson. the bro
ther Of Edmund. for cash, but at dis.
count. On Sunday morning, Bench
started on foot. as he had previously in
tended. on his journey before mentioned.
Going through tho neishborhood he lean.
ed that the prisoner had sold his mare; he
then went to Psuley's and erquired.-
Whereupon htcsused the prisoner TO be
arrested on the same day Sunday In
the evening Of that day, the Constable
who arrested the prisoner came 10 Bench's
house. 10 which he had returned, and at
Bench's instance read the supposed re-
ceipt or direction aforesaid for unspelling
his gun, which turned out 10 be the note
Of pdinner 10 Bench fos iorty-Gve dollars.
payable 40 two years. in consideration Of
an iron gray msre. being The same mare
which was sold TO Pauley. j. was also
testified by David Bsrtratn. step-fsiher OF
prisoner that at the time when prisoner
was before The committing magistrate.
Bench, Ia conversation with this witness,
told him that when he was al work with
prisoner, as 3efora mentioned, they had
some conversation about the purchase OF
9 mare but al this point the conversation
with this witness was broken of, Bench
being called on 20 testify, and il vas not
4 Dat L..
denied that he had ever had any CONVEX
sation with prisoner about selling n mare.
} II was also proved that Bench had two
mares. and that both were running in the
woods Prisoner wa young man. APP
4 parenily about 20 years old. snd no proof
was given Of his having any property
whatever. The greater portion Of the
facts above. stated were derived from the
testimony Of Bench, whe was proved to
lave been partially doranged two or three
years before the trial, but whose mind
bad been for the last year as sound IS u
susl. The Witnesses who knew Bench
stated that he was capable Of narrsiing
circumstances truly, aud that he wa .
man Of truth on oath.
Ia bis petition 10 the General Court
, the prisoner assigned for error the Fefusa
Of the Circuit Court TO graft new trial
/ Insisting that the whole evidence only
9 showed him iohsve been guilty Of fraud
s aud did not warrant q conviction Of felo
ny. For this "snd other errors appsreH
: on the face Of the record" he prayed I
: wTi, Of error; which Was awarded.
o The cause wss submitted by p. r
4 Grsitsn for the plsiniiH IN error aud th,
I; Attorney Generator the Com Donvoalth
: Lomsx. j. delivered the opinion Of III,
: Court The first error relied upon in th,
: petition in THE case, the refusal Of tl,
u Court below 10 grant . new trial, thi
), Court hes deemed il unnecessary TO con
Il slider because ii discovers in the recor,
another error, which supefsedes the ne
$ oessiiy Of considering The frat.
: The well established practice in Eng
: land and 10 this State IL, that . pTisone
accused Of felony, must be aTTsigned IL
: person, and musi plead in person; and u
: all the subsequent proceeding. is required
that be shall sppesT in person. Thu
= Practice u stated In 1 Chit. Grim. Law
All, di5. II - there laid down. that th
accused ia capital felonies cannot b,
! found guilty in his sbsence. and that IL !
: necessary tbs, be should personally at
I, tend and that il should appear on tn
= record. The rules applicable IN EngIsnl
: 10 trials for capital fslonies, sro believed
= ), in the general. 20 be sqoslly appiiesbl
m this State, 10 oil The ieloniss punishsbl
= = by confinement 10 The pcniientsry. Il
: looking into the Engiish forms of entire
in Chit CT. Law. !, uill b. f,und, lhs
the appearance ofthe accused is esFsfnll
stated upon the record 70 have been Il
his proper person. (Psge 26S.)
. The principles on which This prseiie
J. is founded are supposed 10 be too obyIou
= 10 need expansion OF illustration.
!. Ia this record il is stated that on ~
d 2Dih September. 1871. shs accused VA
II led 10 tbs baf IN custody Of The keeper