The Nevada journal., 1858-02-26
The Fowl AfFAIR,-
"All my pretty ones

What all my pretty chickens and their dam,
| At one fell swoopf Shakespeare
Our town was thrown into state of
intense excitement by the arrival on
Friday last from Gold Hill of a crowd
of the ''purest and best of that place,
marching in single file and growing lus-
tily, The crowd proved to be under
arrest for robbing hcn-roosts. Saturday
was devoted to the trial when nearly the
entire population of Gold Hill poured in
TO sec how justice is administered at the
County Seat. The day was also OBJ
served as holiday by many of the fun
loving of our citizens. Justice Ander-
son presided with becoming gravity at
the Court House; and the best legal
counsel obtainable participated with ev-
ident gusto in the affair. We have no
space for the rich evidence elected or
the racy remarks of counsel 1t is re-
ported, however, that one of the latter,
with more frankness than prudence, STA
ted that he himself with gentleman of
the jury and another high in authority,
had been, not long since engaged in
similar foul affair.
The would-have-been charge to the
jury we append for the edifcation of the
legal fraternity:
"Gentfemen Of the Jury The law
governing this case cannot be question.
ed. 1t has often been decided both in
the courts of England and also in this
country that chickens are property and
as such are the subject of larceny; and
the evidence in this case raises a legal
presumption most hazardous to these de-
PENDANTS. 1t has been shown, however,
by the defence that in the vicinity Of
the alleged crime the law is not thus
construed, and although the authorities
cited by the prosecution affirm that ig-
norance of the law is an offence it be-
comes my duty to inform you that this
ancient doctrine has been most success
fully exploded in this State by the de-
cision of Judge Burnett in the case of
the slave, Archy. You will, therefore,
take this enlightened decision as your
guide and find, first, whether the defend
ants knew that chickens were property
and that the taking in the night, as is
here in proof was stealing. You will
next determine whether this is the first
ofense Of this character comSitted by
the defendants, for in the humane spirit
of Judge Burnett displayed in the case
above cited, you should not enforce the
law rigidly in the first instance.
1t has been suggested that one of the
defendants is lame and that they all
want to so home. Take these matters
into consideration, for in the enlighten-
ed policy of Judge Burnett. if you let
them off Eow they will probably be back
again. But while this Court may, in
this instance recommend lenity, we
would also suggest the propriety of
sternly enforcing the rule of law in all
future cases. Give 'em Jesse, and let
the sanctity of the hen-roost be hence
forth maintained inviolate.
As l observe several political aspi-
rants among your number, would sug~
gest as measure of policy, the propri-
ETY. of your determining the principle
one way and the case another.
The oath you have taken to decide
according to the law and evidence is
about the same as tha. administered to
the Supreme Judges and is generally
regarded as mere form of law"
The Jury decided that had some peo-
pie taken the chickens under like cir
cumstanses the crime would have been
larceny: but as some of the defendants
were young, one of them lame, and all
OF them up to taking chickens in the
night it should not be considered theft.
They further recommended that the
prosecuting witness pay the cost.