Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-10-30
LAW ITEMS.


by her counsel to the decisions Of the Circuit Judge Is
ty,even sustained by the Supreme Court, was
abandoned and enc pronounced well taken exce as
to form. In other words ,he Circuit Judge made
twenty decisions, and probably twenty
eight, oat Of the twenty mine.
The points presented by her counsel reducibe TO
three general heads: l. he decisions oil the Circult
Judge in charging the tries to the grounds OF dsqus
caion of jurors for bias and oveuicg questions put 70
the Jurors for the purpose of asceranng Its existence
in ovc,rung questions put to witnesses during the trial
and g. in charging the jury.
The principles adopted Ivy the judge IN relation to the
dsquacaons Of jurors IN substance that the juror
to be Disqualified have belief the truth OF the
upon which his opinion is founded, and that there
must be a conclusion founded such belief; that mere
flint impression founded either personal knowledge oil
the circumstances a relation Of them by those who
have such knowledge, rumor report, not
sch an opinion as dsqua6es; but that il must be hx
aud decided opinion such 1t will require evidence to
remove The Supreme Court hold, that upon challenge
to the fvor the ground of bias, this Is not the test
inquiry the question is of fact purely for
the determination of the trles, whether bias exists anu
that they are not limited to the put by the Circuit
Judge in drawing that inference They accordingly sus
tanned the exceptions his ruling and also ell the ex
ceplions the refusal Of the Judge to allow questions to
put the jurors which tended show the state OF the
Jurors mind which fell short of the standard fixed by
the Circuit Judge.
The only exception s'renuousy pressed by the prison.
ers the Overung of questions put TO witness
during the trial. in reference to question put to
female witness who testified certain conversation with
the prisoner. On examination she was asked whe-
Their the former trial she had the OF
what she did on the last point Of her testimony.
The judge refused allow the question, and the Supreme
Court sustained the exception this refusal, the
ground that though she might have refused to answer IT,
yet that before she could be mpeached by showing the
Discrepancy referred the prisoners counsel not only had
right, but bound to put the question to afford
the witness opportunity of explanation.
The exceptions to the charge first to the judges
direction the jury enquire why evidence of general
good character had not heen given and also that if the
testimony the part of the prosecution had shown that
the prisoner might have teen the Of the FIRE
Monday night the burden cast upon her 10 get rd OF
the suspicion thus attached to her. then where she
Monday night and that in this respect the burden did
upon the prosecution but that there evidence
enough TO throw suspicion upon the prisoner, and en-
title them to call upon the prisoner to show her wherea
bouts that night In both these respects the Supreme
Court differed from the Circuit Judge holding that the
consideration of the question of character not open
the jury, the prisoner having gone into evidence
that subject, and that the suspicion referred to did not e
gay cast any burden OF proof on the prisoner
IMPORTANT DEcIsIox.-We publish to-day the opin-
ion delivered 10 the u s. Circuit Court in session in
this place by Judge Caron the OF Doe the de-
mise of FlGney Harding.
The question in this the of 1884, chap
% commonly called the statute Of descenls. The precise
point determined has not been heretofore adudcated in
the of Tennessee. II is lhs land descended from
mother only daughter-the husband of the mother
married second wife, by whom he had daughter-after
this the daughter by the first wife died. and the land
claimed by the daughter Of the second wife herit
also claimed by nephew of the first wife-the les
Of the plaintiff Harding being in possession under
purchase from daughter Of the second wife, sued
IL determined that the daughter of the second wife
heir the daughter of the frat wife, the exclusion
of the first wifes nephew. Or the decision
generally it held, that when lands by descent,
brother sister Of the half blood, though not of the
lOffh h. hair
remote collateral relations although the latter may
he of the blood of the acquiring ancestor -Nashui
Bonner, September 10.
The Law of Marriage differs in New York from the
same law in Pennsylvania, least the Judges make
different decisions under them. The facts stated below
would have been sufficient have obtained verdict for
the plaintiff
An action tried recently in the Court of Common
Pleas, in which Louisa Mahue plaintiff and Clement
MousIine defendant. Both parties natives of La
Belle France. The defendant was a French soldier and
for eight years the plaintiff his companion in arms
through all his campaigns AT the end of the eight
Monsieur Clement finding there road to glory open
him. that the honor of serving in the French army
likely be its reward retired from the SERVICE and
determined with The consent OF his pet to seek his fortune
in the United States. The parties arrived in this city
about eighteen months ago, she having before they left
France made him the depository of $780, which she had
slved in the the eight years campaigning. After
their arrival they lived together for year and
wife, the defendant acknowledging her such wherever
charms vanished and Monsieur Clement her adrft,
live 10 pkaisot a die-upon nothing. The
Judge decided that the testimony adduced sufficient
sustain the promise of marriage aud non-suited the
plaintiff
Tack IN Trade TO RECOvER DsBT.-In the
of quarter sessions Philadelphia recently jur
which had been all night, in the of William II.
Simpson. charged with obtaining money from Guthrie &
West OF that city, by false pretences returned with
dict OF not guilty. they directed the defendant to pay
the This illustrates the danger of accomplish
ing object, the payment of just debt by
sort to trick and 1t would be well give the principles
Of law decided in this case, in connection with lhe
dict, for the information of the trading community Il
appeared that Guthrie & West owed Simpson, who is a
merchant in New York, abOvt five hundred dollars and
the latter, in order obtain payment sold the former
lot of goods and agreed to them to Philadelphia
credit. The boxes supposed to contain the
goods on, and the money the old debt
paid to Simpson; but on opening the boxes, Guthrie
found they were filed with charcoal. Il appears also
that Guthrie had paid $50 than he had admitted
be due and fO the obtaining of this that the
secution entered. The court, 10 charging the jury
said that how dishonorabe trick might be- yet
If II be resorted to for the payment Of Just debt did
not under the censure of the aw-but if the de-
PENDANT, in resorng the perious means of trick OBJ
tanned money not due, than owing. he was
gully under the Of assembly and must be convicted
HUNTS Merchants Mag.
IMPORTANT DEcIsIoS.-A decision has been lately
given By Judge Story which of considerable interest TO
persons purchasing al auction. The plaintiff purchased
Mills &c, auction for $40 0OO he supposing thai
the auctoneer had fair bids against him. Il turned out
however that there had been no bid except his own
$4,000, the other being fictitious the part of the
tl0Deer. The original of the mills received the
$4,000 and action instituted against them to re-
back the purchase msney the ground Of fraud in
the 1ucOneer! The sale took place in 1886, and the
plaintiff did not learn the deceit until l640 Judge Ware
of Maine, held that the plaintiff ought recover but
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