Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-11-25


Court OF COMMON PIEAs.-Tbe Court o.
Common Pleas Tor this county. commenced
its November term 10 this town on Tuesday
the 2}d inst. present the Hon. W.R. STAPLES
of the Supreme Court as presiding justice
and assistant justices TorHAM and CLARKE
The Court having been opened with the usu
al formalltes, and the Grand Jury impunnelet
and sworn, Judge Staples delivered an abb.
and interesting charge on the OCCASION
which deva,ed from The ordinary routine %
such performances, and of which we regre
10 acknowledge our inability to offer at this
time any thing more than very Imperfect
summary. After stating that as he found
there was little to engage the attention o
the Grand Jury at this term OF it's ordinar,
business, he felt more at liberty to offeI
Rhode Island, he proceeded to say, that ht
was more induced TO do so from the
fact lha, the history Of this State was us ye
unwriten, and that il was no less a duty
than pleasure to collect together the facts
which Eo had found scattered through the
ancient records Of the Courts, and variou.
other sources Of information, which it was
here unnecessary TO enumerate. The duty
Of the Judiciary was with the past-the fu'
ture was for the statesman and politician.-
Even were they 10 pay more attention tC
tho teachings Of that monitor, the ship o
State, he believed, would be put upon sa.
fer course, and shun many Of the fearful TEN.
pests, which too often wrecked the bes,
mems hopes.
lie then went into q history Of the crmi.
nal jurisdiction of Rhode Island from the
earliest settlement, of lhe Colony until 1898;
enumerated the crimes considered capital at
the different stages Of its progress, showing
that the list was smaller in this than in the
other colonies or in the mother country
though in itself TOO large. He said that
nearly every execution which had taken
place in this state had been for murder
there had been no convictions here for witch.
craft, though the early statutes had made
that capital offence. lie then commented d
on the gradual omelioralion Of the criminal
code, the reluctance felt in innicting per-
sonal punishment, and its final abolition
lie ske,chcd history of the establishment
of our present State prison, showing that
the popular feeling which gave rise to H.
was not ns is generally supposed, the first
impulse for accomplishing this purpose, but
that in I796 the matter was before the lc-
gislature which ordered such prison 10 be
built that the vote was subsequently repeal.
ed, aud the work stopped after the foundation
was laid. Tile friends Of The State prison
had conceived grea, hopes Of the good 1t
would accomplish as means OF reforming
Grim nals but from various causes those
hopes had not been gra,ifed. The principal
cause, in his view, was the practice OF using
the county Jalls lor The commitment OF all
offenders. without any classification of the
offences for which they were committed
Hence they were fruitful nurseries of crime
and operated to neutralize entirely the re-
formatory fleets Of ,hcS,a,e prlsondscipinc.
Judge Staples then concluded by enforcing
the necessity Of the establishment Of Houses
of Correction in the several towns, and the
importance Of forming the morals as well as
educating the intellect OF the young. Our
present system of instruction he said, educa'
ted the head, while the practice under our crl'
,ninal code depravcd the Heart
The Grand Jury having retired, the
Court proceeded immediately to the trial oI
the civil docket.
Daniel II. !SWinLune, opptH rs. albert
Sumner, appefiee.-ActIon on balance Of &C
count for goods sold and delivered to de
PENDANTS step. son, appealed from the Court
Of Magistrates. This case was argued by
Turner for the PIT. and VIM. II. Crauston
for deft. Verdict for plaintiff, Sl4,25 and
costs.
Darid Brayton u.s. Waiter CorneH-Ac.
ton for SANDER, Charging plaintiff with hav.
ing sworn falsIy IN some former ial)-botl
parties residing in Tlverton.
VIM. p. Sheffield for PIT. and Blake,
(atto'y gn'l.) for defendant. Verdict for
plaintiff, sos damages and costs.
The Grand Jury came in at l2 o'clock, and
returned the indictment ogainst. John Boyle
for larceny-a true bill.
Ia consequence Of the sitting Of the Cir.
cult Court Of the u. 5. at Providence, and
the near approach Of Thanksgiving, all fur
ther business in this Court lies over to Tues.
day, the li,h day Of December next, to
which day the Cour! stands adjourned.
A LAUNcH.-A new hermaphrodite brig of
about $50 tons WINS launched from Mr. Cot.