Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1847-07-07

| not mean 10 ucciuc uuW Idi o"e w az -
the niue first mentioned, would effect the
validity of the judgment; for upon The
tenth only, and matters herewith connect
ed, my mind has been made up.
The technical precision of an Indictment
is not required in n case like this, but a
distinct, that is, au exact and accurate,
statement of the offence is required, as
well by the principles Of justice, as by the
positive words of The law. Time, to a
reasonable certainty, should be stated
place also: and that the place is within
the District where the trial is had and
The essential ingredients of the offence
must be set out, either by some word
which contains them, or by scpera'e emu
meration.
Now what has this slave been tried for ?
For burning? Itis not every burning, or
the burning Of every thing that is unlaw-
full, much less punishable by death.
l. Was he charged Of burning stable,
as arson at common law? Then il should
have beeu stated and proved that the
stable was an ou. house, appurtenant to a
dwelling, and that it was burn! wlliully
and malciousIy. After conviction, SEN
tence of death could not have followed ;
for slave (excepl for particular Offences
enumerated in the Act of 174O, Sec. 10, Z
VOL, p. 4O2 Statntes) can be punished
capitaly, only for some offence which is
felony without benefit Of clergy, (Scc. l5
of Act l74O,) and arson at common law,
although felony, is entitled to tho benefit
of clergy.
2. Was he charged under the 16 Sec. OF
the Act of l74O, OF burning fodder, or
some other article, which was amongst the
sgoods or commodities of the growth, pro-
duce or manufacture" Of this State ! Then
il should have been stated and proved,
that the article burnt was of The growth,
produce or manufacture Of this State, such
as is contemplated by the section above
mentioned, and that it had been "wilfully
and maiciously SET fire 10, burnt or des-
troyed.' After conviction, sentence of
death might have followed; but in the
discretion of the Court, according TO cir
cumslances, milder punishment might
have been imposed.
3. Was he charged Of burning barn
having grain in il? an offence fiom which
the benefit of clergy has been taken away,
by Statute 90, Henry Sci, Y Stat,
459, and Statute and 5, Philip and Mary
e. q, q Stat. 34S4..) 1,hen5it should have
Ebeefs stated and proved : that The house
burnt wasia barn that is, "a house used
for storing grain or provender-and that
grain or corn (that is some breadsluA was
in it; and that il had been wil(ully
burnt. After conviction, sentence of death,
or of mider punishment according TO cir
cumsIances, might have been awarded.
4. Was Re charged under The Statute
% aud % Charles 2, c. I, z Stat, 52l,)
Of having in the night tune maiciously
uulawrully and willully burnt stack OIL
grain or building? Then it should
have been stated aud proved, that he did
wlfully, unlawlully and maiclously in
the night time burn a stack Of grain, (nol
loose straw or some house or building
contemplated by that Statute. After con,
viclion, sentence of death could mol have
followed, for although The offence is made
felony. punishable by death, the benefit
Of clergy is not taken away. See ilaw.
kins, Pl. e. BOG.
OF any one, Two or more Of these lour
distinct Offences, the prisoner might have
been accused and tried. But Of whatever
he was tried, there should have been Il
distinct statement and before conviction,
proof 10 sustain The statement. If he had
been charged of several forms of offence
upon one trial, the judgment should have
ascerlained the particular form or orms Of
offence, of which he was guilty and sen.
tence have been awarded accordingly.
There was error and rrcgulari,y in ad-
miuiug against the prisoner evidence ol
his bad character, and Of previous mis-
deeds committed by him. II The defence
Of good character had been made the pros.
ecution might have been sustained by evi.
dence of bad character given in reply; bu
when one accused does moi himself pu,
character in issue, he must be tried upon
the evidence which shews his guilt of the
particular offence charged. He is mo-
presumed 10 be of good character; bu
unless he attempts 10 rebut the charge by
shelving lis Inconsistency with the genera
tenor of conduct, evidence ofbad character
can at most shew only that he is fit ro
crime, not that he has done This act; ant
like evidence of previous misieeds, may
some times. take by surprise an innocen
: person, who comes 10 meet only tht
! charge Of which he is 10 be tried.
The remedy by new trial is much mole
convenient than by prohibition. II i
therefore Ordered that the judgment be SC
aside, and that new trial be held. O
this Order, let notice be given by th'
Sheriff to-the prosecutor, John CliIlkscales
and TO the Magistrate, John E. Ellis
Esquire, that proper proceedings anew
may he had and let the Sheriff desail
the prisoner under this order, as unde
warrant of arrest and commitment
for house burning, uulilhe be delivered b,
due course Of law.
ID. l.. WARDLAW.
| Opening the Sauanah Rirer.-We ar
graliced 10 learn that some of The citizen
- 4 IL. al