The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1850-05-22
N o.. 3 D J
,E'Hae Queen ). GaaHc:an.s,

quer Chamber. The prisoner had been
convicted at The Quarter Sessions for
the county OF Salop Of having stolen n
ham of,he valIesof lOs.' During The
'rialSan objection vas taken tha, ibe
description Of the article alleged 10
haYe been stolen was insufficient, q nd
the point was reserved. Mr.. fIcnni.
ker now commended that there vas a 10.
tai absence ofsufficiency of description
oi 'h's particular property. Fer any
thing that appeared or. the face of the
proceedings, thin article might hive
oeen The portion Of an animal fere
nature, in which case no properly
could be said 10 exist. IN the case ire.
ported IN Darlington and Payne, page
49f) Of The Queen v. Cog, itIsad been
held that an Indictment charging ,i,a
defendant with stealing eggs without
setting forth nlso what description OF
eggs they were, was bad indictment.
now these eggs nigh, have been ad.
gers eggs, or crocodiIe's eggs, and
therefore ia The nature fere aainra,,
which would not have been property5ins
law. That being so, he should con.
tend that the preseat was just a ease in
point in respectaf TIE Queen v..iCor:
and The Lord Chief Baron asked If ,bal
iearHed counsel meaat to contend sti,a,5
because panthers We're jerG naiupss,
therefore that q person who might have
stolen 4 valuable pan,her's skin, or even
the skeleton ofihat animal from q Mn.
scum, was MOI liable ii be indeed a..
Mr.. Henniker--t o fcoursc iHtbat,.asa
the indictment would allege that ether
.he one thing or the properly desrri-
bed had been stolcn.' Mr.. Justice Pat,x.ss.
son son was at a loss 10 understand the obies& &
non, Tor this might have been tho ham 81.
a bear, an animal indispu,abiy Of fhe
class = fere sattta, and ye, psopasl i. ne
sefsheless, Mr.. Hennikar sFosiIa ss ,,.s.
y 81 sabsy ffl! ii alls @ 81 lE
eggs Mr. Baron PlaltsAAs Mi. Hen.
mixer suppose some eFiieen res should
chance 10 take q fancy 10 tite hams of
foxes or rats, and that such hams should
thereby come 10 be sold at one Of the.
shops in Bond.sireet. would not those.
shams' be property 2 Mr.. Hennikes
would submit that Tho case of The
Queen v. Coz, was perfectly decisiye
upon the point. lie might, too, ven.
ture to call the attention Of the Court 10
this fact--namely, that until the passing
OF recent statute il had not been an
nc, OF larceny to steal dog. Mr. Ba.
ron Pla,t-' Yes; but if that dog had
been converted into pie, would ii not
have been larceny TO steal the pie q
(Laughtcr.) Mr.. Henniker would sub.
nit that, SO far as regarded an animal
of,he class. fern nature, j, was necassa.
ry that IL should be shown ON the face
Of the indictment, that j, was not so. st
was quite clear, he apprehended, that
count charging the stealing ofa duck,
without stating what kind of, a duck i,
was. would bc bad. Mr.. Justice pat.
'eson--' Yes; !; but tha, principle ap-
piled 10 live animals only Mr. Hen.
niker--'In the case of TIE Queen i. /
Cor, the indictment had simply charged
the prisoner with having stolen the eggs,
but in the course Of the trial il had
been proved that the eggs which had
been stolen were peacock's eggs. 49,
(Much laughtcr.) Mr.. Justice Patio.
SON. May | ask , do yon find in natural
history any live animal called d basna,s
[Increased laughier) sfr. Henniter
said, the, he had no, found that to be
the case, certainly !; but he had found Ii
to have been laid down by Lord Hale
THAI there were certain animals ofithe
class .terG netarG, 10 take which was
moi larceny. The Lord Chief Baron,
after conferring with the Judges said.
tha, they wcte all agreed in the opinion
lha, there was no doub, whatever bur
that the conviction in this case was d
correct and righ. conviction, 'rhecon.
riction rnps. therefore be held 10 he
good. Conviction affirmed accordingly.
Long EvEatNGs,--Tcll us, young men,
how you spend your evenings, and we can
predict, almost 10 moral certainly tsglnt
Your future cofiSltEon viii be. ii You read
usefn! books.o attend Instructive lectures,
yonwiii lay up a fund of knowledge that
will be of iliestlniable value To yoa, when
you cunte upon the stage of life, Ii yoti
| associate with tfia vilet the drinking, ana
the prbfspa, your edursc viii be marked
by disappointment and Venom, mill yo,s
cbnis toa sssetched enid. Improve, then,
! yoiir Ieisnra evenings by useful staiaies.~-
by assoeiating wilh the wise and good