Arkansas intelligencer., 1843-05-20

The special term of the Circuit Court for Crawford
County, Hon. C. 8. Brown presiding, commenced on
Menday last. The Grand Jury found true bills against
Joduthan Day. and the two negroes Frank and Denns
for committing rape the person Of Ms Susen Rose.
Also, true bill wasIound against John Kennedy
for the murder Of John Hurley.
The three first named persons were indicted in the
same WRIT but tried separately. The rrosecut-
ing Atorhey being absent WIN. C. Scotts Esq ap-
PvHtcd Prosecutes the of the s.to, by
Jonas Nj. Tebbetts. Esq. Jcsse Turner, Esq was en-
ploysd to defend. the negro Dennis Tho other two.
Day, and FraS1. having counsel, the Judge assign
cd Jas. A. Simpson, and r. p. Pryor, Esqrs 10 defend
them.
On Tuesday Frank was put upon trial. the jury be-
ing empanncled, the Witnesses examined. the
Submitted without argument. The jury rethed, and
in a few minutes returned verdict of guilty. On
Wednesday morning, Day was brought up and tried.
The jury found him guilty and was Sentenced 10
tDenty dne yers confinement in the penetentary Den.
mis- was tried on the day, and found guilty. The
evidence the in each case, and one par.
ticie OF evidence in favor Of The prisoners. The
law makes difference in tho punishment by con6nng
white men in the penitentary, and hanging negroes
for the crime Of rape under the law Of eighteen hun
dred and forty.
A motion made on Thursday for an arrest of
were delivered both sides. The decision of the
Court delivered Friday morning. and sustained
the motion the part Of Day. bull ovorrued the
part of the negroes. The negroes then brought
into and sentenced be hung Friday the
Of June next We understand the case will be brought
before the Supreme Court
= The ground upon which Day released, is the re-
peal Of tho law at the last session of tho legislature
The act of l640. made it punishable, far white
men concerned, by imprisonment in the pencten-
tiary. But the last legislature, in lis great wisdom
for which it notorious. changed the punishment in
all with death. and repealed all laws conflicting
with the present No provision made for
then hand. Here s released, after committing
Of the arocious crimes in consequence of this
blunder of the legislature 1t is truly lamentable to
haze the perpetrators of such crimes 60 unpunshed
is owing to these quibbes in law, which always
used criminal cases. that the resort. often
in this country lynch iaD 1t often the case
that the most abandoned and outrageous turned
loose society, readyfor the committal of
cities These prosecutions carried at great
pense the people, and they continually complain
ihg of the exorbtant taxes they have pay. We dc
not wish cast the Court its officers
hut do think, that last legislature must have
had great many thick headed fellows in it, to have
made such multitude of brnders, among which
the following-The oversight in the rape case;-Tht
confusion about times for holding Courts,--saying
thing all about the we'll known. to, be- enem
berod-spccie-bill.
Since writing the above, we learn that Day ar
ragned and tried, charge Of burglary, found gull
ty, and sentenced to years Imprisonment in th
peniteniiary. We not certain but tho legislator
may have repealed this law also We will wsitPaient
ly for further Information. al,
Kennedy will be triedon next Monday.