The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-10-12


Aldermen Bray, Inloes, Wingfeld, and Farrar pre-
sidng-The criminal docket taken up at the
appointed hour yesterday morning and proceeded
with.
Edward Lee, free negro, charged with stetling
clothing from a man named Charles Sparrow, was
set to the bar the charge of felony, and the wit
nesses being present. the cause was proceeded WITH
Lee, it appears, entered the canal boat on which
Sparrow employed, in the night time, and stole
clothing aud other articles valued at more than $O
He then fled from this city City Point taking his
Ill gotten booty with him, at which place he was ar
rested by officer c. c. Johnson, and brought back to
this city The evidence OF guilt was so conclusive
that the counsel for the defence could lind no loop
upon which any member of the Court could BY pos
sibility have hung doubt. When the argument
was concluded the Court found the prisoner guilty
and sentenced him to confinement in the peniten-
tiary for five years As this Is his second Term in
the States prison, he will have an extra period of
Eve years added to his confinement, should've sur
vive the present sentence.
William Sears, indicted for q misdemeanor-
stealing a small quantity OF leather from Edward
Earle some months snce-was next put to the bar
and on the case being given to the jury, they
dered verdict of not guilty, whereupon ne pris-
oner was discharged.
John II. Smith, free man CT color, was next ar
raigned on an appeal from the decision of Alder.
man Farrar, requiring him to enter into bond and
security to leave the Commonwealth within ten
days, he having paid visit to the city of Philadel
phia in the month OF August, 1853
No case of similar kind has ever come before
this Court in which he community manifested
greater interest. Smith Is a barber, and bears a
character for honesty, industry, integrity. and
briefly that few OF his class have ever enjoycd-
He was born and raised in this city, and those who
know him best, speak in the highest terms of his
reputation In August 1853, Smith received mes.
sage from dying aunt in Philadelphia, to attend
her beside and as she had been motfer to him,
fastened to obey the summons, but on reaching
there found that she was dead and buried. He i'm
mediately returned to his home and has since then
remained here. In September last, Information
was given the police by r. l.. West alsoa barber,
that Smith had been out of the State contrary to
law and on this information Smith was arrested
and held to bail.
Messrs August and Cannon, counsel for the de-
fence, argued the with marked ability, and
contended that the offence was a misdemeanor &C.
cording to the decision of the Court OF Appeals,
and therefore the prosecution barred by an act
of Limitation, the offence having been committed
more than twelve months before the issuing
of the warrant of arrest. They cited Ia proof OF
this the case of Wilson Morris, who was refused
an appeal by Judge Meredith, under similar pro-
secuton, and who carried the case to the Court of
Appeals where that body decided that the offence
was misdemeanor, and as a matter of course, the
accused had right to an appeal to the Hastings
Court.
Mr.. Daniel for the Commonwealth, look the
opposite ground, and argued that the law of this
was mere police regulation to be carried out
by the magistrate-and therefore was neither a
misdemeanor nor felony. The Court of Appeals,
judging by the reported opinion, only meant to say
that the accused had the right to appeal rom the
decision of the magistrate to the Husting, Court,
and no more.
There being a difference in opinion between the
Attorney for the Commonwealth and the Counsel
for the accused, as to what opinion the Court OF
Appeals had given, the case was adjourned over
until this morning, in order to have the opinion CO.
pied and brought into court.
1t strikes us that there are but two classes of
crimes punishable under our State laws -misde-
meanors and feonies-and that the case in point
must come under one or the other heads No one
will pretend to say it is felony and II the Court de-
cides it to be misdemeanor, then the prosecution
must fall by the act OF limitation the offence having
been committed more than twelve mouths before
any steps were taken to prosecute the offender.