American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1844-12-30
lReported for the American Republican,
BALTIMORE CITY COURT.


of the previous announcement that the opinion
Of the court would be delivered to-day, in re-
ference to the prayer Of counsel in tho case of
Charles L. Torrey, found guilty of abductng
three slaves, the property OF MIR. Heckrotte, of
this city, for arrest Of judgment and a new tri-
al, there was large number of persons in the
court room, eager to learn tho result, and TO
hear the great speech of Torrey which he
promised to make if the prayer was not grant
ed. Soon after the opening of court, however,
}. Mason, Esq, ION behalf of Torrey and
with assent of counsel, prayed the court that
Iorrey might not he brought into court to re-
ceive the decision and sentence; and, further,
that he might be permitted to remain, as al
present, III jail, until Monday-to enable him
to complete some writing, in which he was
then engaged. Chief Judge Drce, in reply
remarked that the court felt no dis position to
make any display for public amusement, in the
matter, and would therefore grant the request
and simply give its decision and sentence to
the clerk to be recorded. This, as may be ex-
pected, created no little disappointment on the
part of the large number of persons who had
assembled, expecting to hear something rich
and rare, from the unpublished store-housa of
the condemned. Indeed, we had our pencil
sharpened at both ends, ready to do our duty
as IL reporter, but being doomed to the general
disappointment, we content ourselves with civ
ing the opinion and sentence of the court
OPINION OF THE CouRT.
State rs. Torrey,-It is certainly a general
principle, that where an offence is created by
an act of Assembly, it is safest to follow the
very words of the act, but such strictncss is not
absolutely necessary.
lfwords of equivalent import and meaning
are used, it has always been deemed sufficient,
as the intention of the Legislature is as fully
accomplished in the one case as in the other.
The offence intended to be punished by the
act is correctly defined in strict conformity to.
the law, but it has been objected that the words
relating to the personal character ofthc accus-
ed have been omitted, and that he should have
been described in the words of the act as free
person. This, we think, has been sufficiently
done in the indictments by the usual and com
mon designation of yeonian, term which, in
judicial proceedings, has always meant free per-
son. and is now used in that sense only when
free white person is the subject Of indictment.
Free negroes, perhaps, should be designated as
free negroes, as they are not entitled to all the
rights and privileges of fieemeu, and therefore
not ycomen, in the proper meaning of the
word.
1t would, therefore, have been tautology to
have used the words free person. where the
word yeoman, meaning the same thing, had
already been used, and the charges in the in
dictments could only be sustained against free
person. The prisoner in this case has been
tried as free man, and not been deprived of
any privilege or right to which he was entitled
under the law, by the substitution or use OF the
word ''Yeoman," instead of "free person."
With regard to the number of indictments,
one for each slave, it has been urged that there
should have been but one indictment, as it was
only one ohence-all the negroes having gone
of at the same time. AnalogIes have been
drawn from cases Of larceny, where many arti-
cles have been taken at one and the same time
from the same person, i'll which case it is con-
sidered but offence, and therefore subject
to only one indictment. But We see 10 resem-
blance between case Of larceny of dead chat
tells, in the removal of which the thief is the
sole agent, and the offences charged in these
indictments where the voluntary act of each
slave, for himself, separately from the rest, is
necessary to the completion of the offence, each
must actually run away, in consequence of the
previous illicit Indictment of the adviser, and
thus are constituted separate offences, for each
of which an indictment will properly lie.
other construction. Its language is, "that If
any free person shall enticc, persuade or assist
anu slave or servant, knowing him or her to be
such, to run away from his or her lawful owner
or possessor, and such slave or servant shall ac-
tually run away, such person shall be liable to
indictment in the County Court of the county
where such offence has been committed, or in
the City Court of Baltimore, if committed in
the city of Baltimore, and upon conviction shall
undergo confinement in the Penitentary, not
exceeding six years."
The inducements held out by the free person
to the slaves may be addressed to many at one
time, and so far are only one act, and if the
crime consisted only in that act, it might be the
subject of one indictment only; but as the &C
tual running away is necessary to complete the
offence, and is a separate act of each slave, the
indictment must be considered as separately
applicable to each, who shall be induced to run
away, and it therefore subjects the adviser to
as many indictments as there may be slaves
who may be Influenced by it.
The several motions in arrest of Judgment,
and Gfany) for new trial arc overruled.
SENTENCE.-The following is the sentences:
On the LIST indictment, confinement in the PEN
itentary from December 2Sth, 1884, to Cd of
April, lS47. On the end indictment until end
April, 1919. On the Sd indictment until I'd
April, 1851.
Run Orr. Samuel Strong, the master ma
son employed on the Devalan House, Albany,
absconded few days ago with the sum of g.
900, which was due to the workmen in his en-
ploy, and which was given to him by Mr.. De-
lavan to be paid over to them.
SALE OF A BALTIMORE VESSEL. The Balti-
more barque George and Henry, of sos tons,
was sold at auction in New York on Friday,
for 1850, half cash and the balance in four
months. She was purchased by Baltimore