The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-10-24
LocAL MArrHRs.

CrRcu,r CouRT--JupaE MEREDITH pRK.
SIDING, This Court met at 10 o'clock last Saturday,
whom the. case Of John McAby was resumed The
reader will remember that the Court adjourned on
Friday, AFTER hearing the Argument Of Mr.. Crane to
quash the first and second counts n the indictment
sss IL ss . 5ss ss e. ss
proceeded In the usual f6ff the prisoner being ar.
raisued TO answer for BURGLARY The substance d
alariously entered the house Of John II. Gfbben In
the night time, and feloniousiy took and carried
away trunk containings gold wetch, three coats,
TENDER officer Tyler. OF this city, under warrant
from the Mayor, pursued the accused to the county
ing house while al breakfast Shortly ssr this the
warrant was read to the prisoner In the presence 81
eight or ten persona, when he remarked that about
on being asked By the officer what he by such
declarations stated that he got the trunk watch and
coats, but that he never saw many Of the articles
that Gibben asked him to close the back window and
fasten that he shut the blinds but did not put the
bar across them, and that he entered the house by
ted that It did not contain 5000; for he declared to
the officers that Gibben and his party had at various
times won all the money he bad earned at cards aud
he had taken this method Of recovering what he had
lost, ~ -
Mr.. Hughes, who also appeared for the defence,
objected 20 Mr. Tylers evidencse the substance OF
which we have gwen above, and asked the Court TO
instruct the jury to disregard it. on the ground that
the confession made TO the officer had been nude
Wne IN lrons anu under the nope OF ienlency IN MS
punishment but the Judge refused TO give the IN
structions asked for
When the Commonwealth had concluded her evil
dence several witnesses were examined for the de-
fence, none of whom, however able to dis
prove the voluntary confession of the prisoner that
he did enter the house in the night time, and STEAL
take and carry away portion of the goods, as
charged against him. He has the appearance of be-
ing iliterate man, aud may not have intended to
override the law strongly, but whatever his in
tention it would have been impossible TO overlook
his guilt.
After the argument from counsel, the jury retired
for short tiuie and their return into Court,
dered their verdict that the prisoner guilty of
burglary and that they assessed his punishment at
confinement in the penitentiary for ire years.
Mr.. Crane informed the Court that he designed
carrying the of his client to the Court of APP
pea1s bill of exceptions, which he had already
mentioned
The Judge then announced his intention to pass
sentence at once, and the Clerk then ordered the
prisoner to stand up and after reading the verdict OF
the jury, asked if he had any thing to say why Judg-
ment should not now be pronounced upon him.
McAby replied: Your Honor, am not capable OF
making speech to you-but all have to say is that
have not been justly dealt with. do not complain
of the jury-they have acted fairly-butI have been
falsely sworn against"
The Judge then pronounced his sentence. The pri-
soner will be kept in Jail twenty days to allow his
counsel try the bill of exceptions before the Court
of Appeals.
Mr. Hughes then stated that the jury were unani-
nous in the regret that they could find the pri-
soners punishment at year instead of five, and
each of them willing to sign petition for Exc
cutve interference.
The Court then adjourned to meet this morning at
10 O'clock when Cookies trial for forgery win be pro-
a1aI