Smyrna times., 1857-11-04

70 u verdict. The jury accordingly rendered
verdict of Not Guilty. The prisoner was re-
questei to stand up, and the court remarked
that he had been indicted for stealing corn, but
owing to flaw In the Indictment he had es-
capped the punishment of the law. And advised
the prisonefto have nothing more to do with
corn. The prisoner was then set at liberty.
Court adjourned, to 3 o'clock this afternoon.
Same day, o'clock, p. M. The petition of
two negroes, who were lodged in Jail for debt,
was read by Mr.. Sharp praying to be released
on the ground that they were unable 10 main
tain their families. Held under consideration
by the Court. II
The case was then called up which appears,
Jesse Sharpe VS.. VIM. Arthure, but the real IS
sue of which is between Sharpe and w p. Coo
per. Smithers for the plaintiff and Ridgely Tor
the defendant.
A case of Repevn.
In this case il seems that Sharpe had with a
view of giving employment to s. Mongar pur-
chased and Paid for three carriages, which he
had entrusted TO the care and agency, ESQ to
sPeak), of Samuel Mongar. The carriages
were seized and taken INTO execution as the
property OF Mongar, by virtue of Judgment
and execution at the suit of W. p. Copper
Mr. Sharpe replevined the carriages aud hence
the SUIT There were only two witnesses ex-
/ ahihed ON the part OF the plaintiff and the Ell
tort was to prove the ownership Of Mr. Sharpe
Mr. Gregg, carriage maker of Wilminp ton.
testified that Sharpe purchased and paid for the
lcarrage by giving nlm his note. That he did
not know Mongar in the transaction at all, and
that he viewed Mr. Sharpe as the sole owner
of the property.
D. M. Mongcr on being sworn, testified to
| the contract or understanding which existed be.
tween Sharpe and himself, viz:T'hat Sharpe was
to purchase carriages, he was to remit the pur-
chase money, and any ovcrplus which might
arise he was TO appropriate TO his own or his
tamly's use "
| The defence, in this case had a tremendous
array OF witnesses, the testimony of which
amounted simply to this That Mongar had
sold the carriages as his own property, and had
taken notes as pay tor the carriages in his own
name. Ihus endeavorlng 10 prove that the
property was his own and that the transact, on
ana understanding as it existed between Sharpe
ana Mongar, was a fraudulent one, entered into
with the view, and for the sole purpose of de-
frauding the creditors of Mongar.
In the testimony ELECTED by the counsel for
the defence, there really appeared, as the
" Learned counsel" for the plaintiff remarked,
'' great deal of chaff and yer, little wheat"
The case was ably argued, and thoroughly in
vestlgated. The court in charging the iury
remarked, that the point really at ISSUE was in
whom the right OF property really belonged
and whether the transaction was or not ii fair
honest transaction; and whether il was tainted
by any appearance Of fraud. The charge was
delivered in the Chiefs" peculiarly concise
style, and as admirer of Shakespeare once said
billy thinks just as do" The Jury retired
and after an absence of about an hour. returned
verd ct IN favor OF the plaintiff and defendant
assessed damages to the amount of SIX cents |
aud costs for the defendant
Counsel for defence, gave notice that he
would move tor new trial, and file his excep. |
tlons, in the required time.
Court adjourned until 10 o'clock tomorrow.
Reported for tie Smyrna Times
FRIDAY, Oct. 80, 1857,
10 o'clock, A. NJ.
COURT OF OYER AND TERMINER.-State vs.
James Jones, (n.) who was indicted for the
murder of Henry Clay Ralston
Counsel for the defence wv. SALISBURY and
Eli Salisbury announced their readiness to
enter upon the trial; and the State moved that
James Jones be put upon his trul
Shcrm'zer Fisher sworn. | was sittinp in
my room reading, when the boys came down
stairs and passed out doors. | did not suspect
inythlng; but supposed that something had at s
Lracted their attention. Presently | heard
'ome one say they were fighting; went out I
and found jim and Henry Raston fighting;
hey were not striking took hold Of them
lnd told them | would have no fighting; thew t
were separated and there was nothing said I
I'm SAID he did not allow any one 10 curse him 1
he fuss commenced something about lamp Y
went IN; had hardly got into the house fl
'heh some one SAID they have gone to the road
o hght 1t out; as went into the yard heard ]
iehry say Jim cut me; the boys parted them l.
Im was down and Henry on top; took hold ofI il
ienry and SAID, boys, you shan't fight. Henry n
aid' m cut badly. Jim said, did not cut Ii
i'm. Went in Henry seemed in great deal h.
I pain then sent for the doctor, and staid
'Ith Henry all night but he did not mention
I'm name; next day Henry seemed better p
Tier awhile got worse, and | called in a neigh m
Dr. nut could not rouse him; sent for the doc W
,r' Out he could not rouse him. 1t was done "
oth oI last September, at the house of Gov
harp where | live, in Mispilion hundred -
icy both lived with me- carry on a steam
Iw-mlll; Henry lived with me two wears: re
lmes is free man; lived formerly with John III
'ues, the father of DR.. Waitman Jones. ia
ave had no conversation with Jim since he
as arrested. He said he was sorry he did il Vi
denied cutting Henry on the night of the W
Tray there was coroaer's inquest held on Il
e body. ~
Cross examined i did not see much of the =.
5ht; Henry was the stoutest and able to whip u"
m; thought Jim was threatened with the 'e
Jun sustained good character, dc
as peaceable and quiet behaved well ;4Henry Sd
as on top in the road when interfered. -,
enry objected; when they were fighting in ~
e yard Henry did not seem reluctant to sepa.
lie from Jim Jim don't curse or drink; has te
'ed with me three years in
Jesse Keenan, sworn. Jim is free have S4
lown him three years; he worked for me and to,
T. Fisher; | knew nothing about the fight un-
AFTER 1t took place; Mr. Fisher came to the
ore and inquired for sticking plaster; thought
melting WaS the matter, went to the house wi
Ind Henry in good deal of misery; got a Ga
ckng- plaster; when the doctor came and llC
aInlned the woued, he said it was only n tri. ou
; hut Lhr,.Lt I;l.----.l-. -. ~ !