The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1846-11-05

The second week q The fal Tern o me 60
peri0r conEs GO this county was bed lasa Eesk.
Judge BarrlE presiding. Though ihs couH
was eIOs<ly engaged during ths whole Of The
werk. but Little progress was made indsPOs'ng Of
he mas Of business which had accumulated on
The civil dOckst. in consequences of The large POs-
ion Of time appropriated 10 criminal eases.
One Of he civil cases decided was Of eOnsidera-
BE importance because Of is hearing upon The So
euriiy OfprOpsrty belonging 10 the diaernsehureh-
c. in this slate. This was an action Of sresPsss
gsars elausum Jrtgif. brought BY Crawford and
others, a. Trustees, in behalf Of Mount Pisgah
(deshOdisi) Church, against James Fauos't and
others, to recover damages for taking down
house on the land belonging to the church.
4 motion was made TO nOnsuil the plaintiffs
on the ground that they had not been appointed
Trustees ~by the congregation" Is provided for
In the set Of the Assembly. Il Appeared that the
Book Of Discipline Of the Methodist Church d.
reefs that Trustees for church shall be appointed
BY the Presiding Elder, or the Minister on the
circuit, ualtss rheTs some ofher mode Is prOrid-
cd in the Safe or Territory IN Irhieh The Prypo-
~ Is situated; and as our act Of Assembly d.
reefs the manner Of their appointment in this
State, and il was not shown that the plaintiffs had
been made Trustees by " the congregation" the
Judge ordered nonsuit
The decision in this case Is o subject Of great
moment to the different churches in this state, Il
it shall turn out that they have made their aP-
pointmeni Of Trustees without due cOnsiden'
ton Of the Ac. Of Assembly. If the decision is
correct and we sPprehend il is, then property be-
longing to such churches is very insecure, and no,
within the protection Of the law. II would be
well for those interested in tho matter to see that
Trustees in such cases are appointed in strict con-
founity to the provisions Of the act
Another point brought to the view Of the cOuri
BY the counsel for the defendants was, that the
trust declared in the deed to the Trustees was
void because ID was too general, being for all
the members and ministers Of the Methodist Epis-
copal Church in the United States" There was
no decision on this point, but we learn that the
gentlemen Of the bar were Of opinion that the
deed was imperative on that account.
On the state docket there were three cases Of
importance, one for murder and two for burglary
and grand larceny.
William Smith, charged with the murder Oi
his wife Elizabeth, (of which we took some no
tce in the Recorder Of the 18th ult) was convict.
ed Of manslaughter, and sentenced to be branded
and imprisoned for one calendar month. The
defence set up for the prisoner was that the shoot
ing was accidental. or the three witnesses in be.
half Of the state who were present at the transae.
ton, two were so successfully attacked on the
ground Of credibility, and the other, small boy
on the ground that his story had been dictated by
others, that much doubt was left on the mind In
relation to the facts. 1t appeared in evidence
too, that the prisoner was Of remarkably peace
able disposition, and that he was in the habit o
taking his gun with him every day to the mill fo
the purpose Of shooting game on the pond snt
though some cross words passed between the pri
soner and bis wife, yet it was argued that III.
killing was not intentional, but that the gun wal
discharged in a struggle on the part Of the wife
TO dispossess the husband of it.
Ned BoUden, free negro, indicted on tw'
counts-for burglary and grand larceny--chsrget
with breaking into the smoke house Of Mr.
Boggs in the night time, and taking therefrou
some brandy, was convicted Of grand larceny
and sentenced to receive thirty-nine lashes.
John Burns, a white man, indicted on tw'
counts--for burglary and grand larceny--(con
nected with the transaction in which Bowdel
was convicted submitted on the charge Of gran,
larceny, and was sentenced to receive .hirty-nin
lashes,