Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-06-21

tract and that the said tract was not al any ume
offered for sale in the said county of Scott for such
delinquency; and that The same was not redeemed by
the payment Of lhe said taxes prior to the FIRST day OF
July, 1888 And these certified 10 be all The facts
proved on The trial Of The said issue.
The plea in abatement being disposed Of the prisoner
pleaded mot guilty 10 The Indictment and the jury i'm
pannelsd 10 Try The issue that plea having found
nm guilty, and ascer!ained the term Of his lmprISon
ment IN The peni'enury 10 be four years, the Circuit
Court pronounced sentence accordingly
AT The trial The plea Of not guilty, the prisoner
filed three other bills OF exceptions 10 opinions OF the
Court given against him.
The FIRST bill states that on the trial Of The Attorney
Tor The Commonwealth offered 10 give IN evidence Qot
the purpose Of proving cunne4io with other evidence,
marriage between " N z. Moore and Joanna NJ Elem
ng) The following copy with the certificate thereto an
nexed, viz december g 1880 The following persons
nave been united together in holy matrImony oy me III
The past year. within The limits Of Nouoway county,
VIZ VIM. z. Mgure md Joanna NJ. Fleming. [Six
other persons named in The list -lSigned) lh"s
Richardson -"fhe foregoing is copy OF The return
OF marriages made this office for 1899, by 1hos Rich
adson according 10 law, and Of record in this ONCE
Given under my hand as Clerk of Nottoway county
Court, the l9h day of September, 1887. (signed) r.
fitzgerald. TO The introduction OF which paper the
prisoner objected, not being legal evidence, but me
Court oSerruIed the objection and permitted ihe said
paper TO be read The jury; aud the prisoner excepted
The I'd bill Of exceptions states, that The trial the
Commonwealth introduced James Kerr, preacher OF
the Methodist Episcopal Church. as witness, who de.
posed that by virtue Of marriage license purPorng 10
have been issued by the clerk OF Scott county presented
TO him by The prisoner he married according TO The forms
Of his church, the prisoner and Martha Mcteny, the
persons noned in said license using IN the cpeba-
ton Of said marriage, the words You, James Robert
son. do AXE This tsnding by to be your law
fully welded wife, To which he answered. Yes. And
you, Martha McHenry do take this standing by you
to be your lawfully welded husband? Towhlch she an
swered Yes On being required 10 produce The license
aforesaid the witness said he had e II at hnne where
it then was, within his power 10 produce, II he had time
go for it, The certificate Of the said witness, Herr,
in the words and figures following viz lsl Of mar
riuges snemnized by james Kerr in The year 1856 =
james A. Robertson and Martha NJ sksnry. Oct. 20th
-Four other persons were named in ms list (S:greGl
:" James Kerr."-"A copy from the records o: Scott
county court, Aueste, John 5. Martin, G. 5 &. aud
recorded Scot, county agreeaby To law opto-
duced and read TO the Jury together with he bond G" The
prisoner md surety required 10 be taken by The clerk on
granting marriage license John D Martin, the CLERK
aforesaid was likewise introduced witness for The
nweslh and deposed that he recoected TO have
ISSUED to The prisoner, mis- application, marriage
authorizing any licensed minister OF the gospel 10
Ian I, gsher in morrage the prisoner by The name oil
James a. Robertson and Martha b1ctlenry, itInale
known 20 him be, the time Of issuing such license,
above the age of twelve To the Introduction VI
all whic evidence except the aoIrsald certificate OF
the pref cher Kerr, The prisoner obIretsd, upon ie
ground hal the said marriage license, being within the
power OF the Common weallh TO produce, ought 10 be
produced aud that evidence aiiunde could supply the
absence IF the pSper and lbat therefore, the evidence
objected TO illegal and improper to be submitted 10
the Jury But the court, without giving any opinion on
the weip 1t Of said evidence but deenng and deciding
tina, w,s admiss BILE evidence overued the objection,
aud permitted The statements of The two Witnesses aoe-
said The apers above mentioned 10 go 10 the Jury
evidence. To which opinion OF the court the prisoner
excepted.
Tie 81 bill Of exceptions states than On the calling
of the Cause The prisoner moved The Court Tor
linuance thereof, upon special stfdari made by lm
in open Court that he not then ready Tor tIal on
IF has ha nfcn
material witness for him, without whose testimony he
could not safely go 10 trial. that he could mol prove by
any other witness known 10 him. the facts lie expected
TO prove BY his father that he expected 10 procure his
attendance the next Term: that since the last term he
mad taken subranas Tor him, one Of which his
counsel owed that he enclosed IN letter addressed 10
The Sheriff ot Chesterfield, and placed in the post office
in time have procured The attendance OF the witness
tins term and The other the prisoner sworeihat hs
enclosed IN letter his father, and had the same placed
in the post office Scott Court house our tive
weeks ncf3re the commencement o the term, but that
the witness did not sppenr that he expected 10 prove
by his father that after he (the prisuner had eii his
family and that part Of the country, his father
address, To him letter in The following words and
figures "tdanchrster, l9lh September, 1857 liiiam,
have we'd letter from Nnlroway md only
suy That object in having the letter wrote you,
ing your lie dead, was TO prevent your returning,
rs | expect, ID you would do without receiving
such inform ,on thereby subj-ctog youseo DC again
laken the vi hen you made FIRST escape.
You know, is well known by all The neghburho"d
in which lived al The lime you married that woman,
how pus,,v ely opposed It You would go your own
uay and no you eel the effect If your lawyer thinks
can be Of any service 10 you, you let know by
letter. and send subpoena. Your mother and sister
ioin in our respects. Yours. truly, Signal Moore -
which letter bears the postInak R'clmond, and has
the appeara Of having been mailed there aud that
his her ad by other letters received before the pr
sopers mu -rloge with Martha Mctlenry. informed him
,ha, Jotmna NJ Fleming his wife was dead. The pri
soner further deposed that he expected 10 prove by his
father ,ha, at The time oil his marriage with snd Joanna
she wa. urder q years Of age; but he did not aege
hal he expected prove thai at The time Of said
shr under ~ years oil he also deposed that
he expe cted his father 10 bring with him papers which he
deemed important TO his GeieDce but without stating The
contents or character osuch papers II was proved by the
Senator of he district and representative OF The county,
tina, they sap in Richmond during The previous winter,
Tie father oil the prisoner then and still resident in Man
chester and conversed with him The subject OF his
SON. who Wis then known by the father {" be confined
in lie nIl OF. Scott county, on charge OF oisamy that
he father appeared TO manifest little interest ~ The mat
Ter and de :ned TO visit Scott county saying he do not
know ina, his presence in Scott would Do The prisoner
auv good He appeared 10 be ~ healfh and able 10 Ira
vel 10 Scott county with convenience. he said sub
ro.uas had not been returned 10 The Court, was il
known what had becume Of them since they were msed
as aroresa d. The only witnesses who ldenubt d The
nrsoner who las far was known could identify
him were William Freeman and wife, the brobeT and
sister in Ia Of The prisoner, who gave other Vsry i'm
portant testimony Tor the Commonwealth, ana were
brought 10 by attachments Feemon states s'm.
self 10 be very poor man. without land, horses
new resident in Smyih county sixty miles distant from
Scot; and he assigned reason for not obfying The
summons of the court that he had not the mrsns-"; IRA
YELLING . The same He further slated his intention of
leaving the Commonwealth year thereafter. u up
reared ,a Heretofore the Commonw prers S't
bv The absence Of Freeman and wife from Fayny the
ndIctmen, before the grand jury, and could not tase
ley % NE trial without their testimony The Cir
cult Curt not percevipg the importance OF even ad.
nissbiIy Of the testimony expected 10 be given Of the
nrsone, father for any other purpose than b ea5ng
Ia diminish his punishment if il could legally nave that
feet, and doubling whether The Commonwealth could
ever be os ell prepared future time for The t71a OF
the case and above all whether the prisoner VIE lad
been confined in Scott Jail this charge for nearly II
months had used such diligence in endeayorns 10 pro.
cure the Attendance of his Witness as under the en-
cnssances Of the case, entitled him TO The cnn,in
bis motion and refused 10 continue The
ninnn Le