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

op toppd HIM gully. aud ascertatned the term oi
Ibis imprisonment 10 the ren'irniis,y 10 be iohf
years the Cnsnit 6onat Pronounced sentence ae'
cordugly.
Al the trial on the psa not guilty, the pfisaner
flied three Other bills a exceptions TO opinions oi the
Count given against him.
The ffa bull states. that on the MAI the Aof-
acv Tor the Commonwealth offered to give IN esl-
dence (fnr the purpose OF proving IA connection WIN
othrt evidence. a nlasfiase brtwcen Wm. L, hoors
aud JOANNA NJ. Fleming.l the following enf,, WIN
the certificate thereto annexed. VIZ -" December :,
1920 Tin following persons have been nhned 10
ge,btr IN holy malrigony by ne ~ tie rasi year
within the limits nf NofIowHF county, VIZ: " ~ l.
Moore and Joanna ~ Flemung." Six other rer.
sons were named ~ The list -tSisnedl " Thos.
RchafdSon.''-" The foregoing rs = copy al Tic re-
turn oI marriages made To Z Is Office for le99 by
fhos Richardson according Ia law. aud OF record III
this Office Gwen under m, hand As Clerk al
Not,oway count, Court the 19th day Of Septe mber,
s37 - 5 encd) y Filz .erald. TO The intro
ducfinn smoh paper the prisoner objected, as not
bsiur legal Evidence, but the Court oyefruled the
objection and permitted the said paper TO be read 10
the Jury and the prison excepted.
The ID bill of exceptions states. that ON the trial
the Commonwealth introduced imcs Herr, preach
81 Of the Methodist Episcopal Church. as a witness,
who deposed. that by ,iunc OF marriage license,
purporinr 10 have heenissued By the clerk OF Scott
county, presented n hun by the prisoner. lie mar
red according 10 tic forms Of his church, the prison
D
said license using. IN the celebration Of OF SAID mar.
ri,rr. the words gu. james A. Robertson, do take
ihis woman standing by You to be your lawfully
welded wife To winch she answered, Yes. AID
YOU Martha Mellenrs, do take this man standing
bv Won he ypuf Inv fully welded husbandl To
which SIZE answered, lrs. Ga being required To
proJucn the license alpt said, the witness sall Ire
had lcfi II At home, Who're II then was, within hs
power 10 produce. II he had time to 90 tor il, Ise
certificate Il the sad witness. Kerr, IA the words
md figures following. y: " li,t of marriages.
+ solenuigri l., James ketf n The year lS36.-Janes
4 f. hrrisan aAd Maliha Atlleuy, Oct. 2oth.'-
Fonr other persons named IN tins list tSgn-
rdl :, ,nes kelf. -" \ copy from the records OF
S,.nu county cnuIt. AHeste, John :. Martin, =. ;.
and recorded IA Scott county acreeably 10 law,
vas also produced and read 10 the jury together with
the ioud Of the prisoner and surely, required To be
tax ON hv the clerk granting marriage hrense--
Jnhn : Malllu the rletk aforesaid, WAS likewise in
I induced As = sflueSs for the Commonwealth and
deposed that he fecoIleeted To have issued 10 the
prisoner, on his application. a marriage license au-
thor.ztng any licensed minister OF the gospel 10
ioi, together marriage the prisoner BY the
,f james \ Robertson. and Martha Mcllenry, a le-
male known 10 Inn 10 be. Al the time of issuing such
license shove the aye Of twolya years To the in
reduction of which evidence, except the aforesaid
certificate Of the preacher kerrthe prisoner objected,
,non the ground Int the said marriage license beng
within the power Of the Commonwealth 10 produce,
ou,l, 10 be prndnced, aud dat no evidence dfiundc
cnuI sup1iy the absence ofthe paper and that
therefore, the evidence ubJ ccd to Illegal aud
improper 10 be submitted 10 the Jury Bat the court.
without giving my npnton The weig ht of said eti
dener, ovcrfnled theohIecton. and permitted the
starmcats Of the t"o witnesses aforesaid and the
papefs above mentioned. 10 20 10 the jury rs ey-
dcncc To which opiHion olthe court the prisoner
excepted
The 3dbill Of exceptions states, thai on the calling
81 the the prisoner moved the Contt lof con
linuance thereof, upon a special aiiid ytt made by
him IN ouru Court that lie not then ready lof
trial on account ol the al seucc Of his father, whom
he deemed 4 material witness for HIM. without
who's lcstimon, hr could OF safely 20 to tral aud
that he could prove, by any other witness known
Ia him. the atis he expected To prove BY his father
that he expected 10 procure ms attendance nj the
next icrm thai snce the last term he had taken
ONT two suhpmnas lof hun, one Of which his coun-
sci proved that he enclosed in letter addressed
the Sheriff OF Gheselt,ld, and placed in the post
office IN time TO have procured the attendance OF the
witness II lhslerol. AID he other the prisoner swofe
that he enclosed N a leiter to his father aud bad
the same placed IN the post office nj Scott Court
house some four FIVE weeks before the commence.
ment a the term, but that The witness did not ap-
pear: that be expected 10 prove by his father that
after he he pflsoner) had lett his family aud come
10 that psli OF tie country, his father addressed To
him letter in the following words and figures
" Manchester. l9ih September. 1897. William |
have received your letter from Noroway, and can
ouly that my object in raying the letter wrote
YOU, sl,ns your vile WAS de d, to prevent Your
lreiuvnlng, rs | expected you would do so without
receiving some such Information, thereby subieeing
Yourself To be again taken, as Was the case " hen
you m de Your II 81 escape. Gou know as is well
known by all the neiglbothood in which | lived ai
the time you married that woman, how positively
opposed it. YOU would 20 your own way and now
You feel the effect. II your lawyer thinks can be
| OF any service 10 YOU, you can let me know by let
ter, and send subp11a. Your mother and sister
Join in our respects Yours, truly, Signal Moore"
which letter bears the postmark - Richmond =
aud has the appearance of having been mailed there
aud that hs father had, by other letters received
before the prisoners marriage with Martha McHen-
~, informed him that Joanna NJ. Fleming his wife
was dead. The prisoner further deposed. that he
expected to prove by his father, that the time of
his marriage with Joanna, she under 81 wears OF
age but he did not alege that he expected TO prove
that at The lime of sad marriage she was under 2
years Of age. lie a'so deposed that he expected
his falherto bring with him papers which he deem
ed important TO his defence; but without stating tire
contents character of snch papers. 1t WAS pro-
vedby the Senator of The district aud representative
OF tie county, that they saw IN Richmond, during
the previous winter, the father ofhe prisoner then
and still resident in Manc hester and conversed with
hun on the subject oil his son, who then known
by TIE father be confined in the Jail of Scott
county, charge of Dig any; that the father ap-
pca'ed ia manifest little interest in the matter and
declined TO visit Sect county, saying he did not
know that his presence m Scott would do the pti-
| soner any good lie appeared TO be 10 health, and
ahle 10 travel 10 Scott county with convenience
! The sad snbr@nas had not been returned TO the
Court. nor was il known what had become of Them
since they mailed as aforesaid. The only wit